PROSECUTOR vs. COLONEL CALLEY JONES
2014 PIL MOOT PROBLEM
PROSECUTOR vs. COLONEL CALLEY JONES* before the International Criminal Court at The Hague
Page | 1
INSTRUCTIONS:
1. This is the final stage of a trial before a Trial Chamber of the International Criminal
Court (“ICC”). The Presiding Judge has declared that the submission of the evidence is closed, and the parties are now to make their closing statements in accordance with Rule 141 of the Rules of Procedure and Evidence of the ICC. At this stage, both the Prosecution and the Defense agree that the evidence supports the facts as set out below, and there is no longer any issue of fact in dispute between them. In their closing statements, the Prosecution and Defense are therefore addressing disputed issues of law only.
2. Teams should confine themselves to the facts supplied. The facts are entirely fictitious. 3. Teams should not hand anything to judges unless asked to by a judge.
4. The problem is not intended to raise questions of procedure before the ICC.
Procedural questions should be ignored.
5. The problem is not intended to raise questions relating to the jurisdiction of the
ICC. The jurisdiction of the ICC should be assumed. Although issues of admissibility are not normally dealt with in ICC proceedings in closing statements at the end of a trial, counsel may in this instance address issues regarding the admissibility of the case under article 17 of the Statue of the ICC (“Statute”) if relevant.
6. Counsel are advised to consider not only the Statute of the ICC, but also the
Elements of Crimes adopted under Article 9 of the Statute.
*This moot problem was conceptualized and written by the Philippine
National Red Cross Moot Court Competition Committee and was used in the Asia Pacific Rounds, 2012.
1.
The Federal Republic of Bariland (FRB), with a population of over 90 000 000 inhabitants, is composed of 4 constituent republics: North Baron, South Baron, East Drakona and Katoland. Its capital and
PROSECUTOR vs. COLONEL CALLEY JONES* before the International Criminal Court at The Hague
Page | 1
INSTRUCTIONS:
1. This is the final stage of a trial before a Trial Chamber of the International Criminal
Court (“ICC”). The Presiding Judge has declared that the submission of the evidence is closed, and the parties are now to make their closing statements in accordance with Rule 141 of the Rules of Procedure and Evidence of the ICC. At this stage, both the Prosecution and the Defense agree that the evidence supports the facts as set out below, and there is no longer any issue of fact in dispute between them. In their closing statements, the Prosecution and Defense are therefore addressing disputed issues of law only.
2. Teams should confine themselves to the facts supplied. The facts are entirely fictitious. 3. Teams should not hand anything to judges unless asked to by a judge.
4. The problem is not intended to raise questions of procedure before the ICC.
Procedural questions should be ignored.
5. The problem is not intended to raise questions relating to the jurisdiction of the
ICC. The jurisdiction of the ICC should be assumed. Although issues of admissibility are not normally dealt with in ICC proceedings in closing statements at the end of a trial, counsel may in this instance address issues regarding the admissibility of the case under article 17 of the Statue of the ICC (“Statute”) if relevant.
6. Counsel are advised to consider not only the Statute of the ICC, but also the
Elements of Crimes adopted under Article 9 of the Statute.
*This moot problem was conceptualized and written by the Philippine
National Red Cross Moot Court Competition Committee and was used in the Asia Pacific Rounds, 2012.
1.
The Federal Republic of Bariland (FRB), with a population of over 90 000 000 inhabitants, is composed of 4 constituent republics: North Baron, South Baron, East Drakona and Katoland. Its capital and