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ModelCJ2013 ICJ RoP
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I.GENERAL RULES AND THE ORDER OF SESSIONS
a. The Model Courts of Justice Rules of Procedure of International Court of Justice shall
be considered as adopted in advance and shall not be challenged or appealed.
1. Language
a. The working language of the Court is English and all the documents relating to the
case and the final verdict shall be prepared in English.
2. Courtesy and Disciplinary Rules
a. All Members of the Court hold the responsibility to show utmost respect to each other,
use a formal language while addressing the Chamber and shall act accordingly.
b. One to one discussions during the sessions are strictly prohibited, with the exception
of communication through the note passing.
c. Three official warnings which may only be given when a certain member of the Court
persistently resists the Rules of Procedure may cause the dismissal of the concerned
member temporarily or indefinitely.
3. Communication through Note-Passing
a. Written notes are the means of communication between the Members of the Court not
recognized to speak.
b. Notes are distributed by the Administrative Staff present in the Court.
c. All notes must be in English and the content of the notes shall not be irrelevant or
abusive, otherwise, the Administrative Staff may take the note to the President for
investigation and the President may decide not to pass the note if the language or the
content is found to be inappropriate.
d. Communication through Note- Passing between a Judge and an Advocate is strictly
prohibited.
4. Organization Team and the Administrative Staff
a. Organization Team may at any time address to the Court concerning the
organizational matters.
b. Administrative Staff is responsible to Organization Team through Admin Director on
organizational matters and to the Presidency regarding their duties performing in the
court room.
c. Administrative Staff is responsible from conducting proper note-passing pursuant to
the rules set forth in Section I, Article 3, copying and distributing the necessary
documents, and handling additional organizational matters if referred by the
Presidency or the concerned member of the Organizational Team.
5. Attendance and Quorum
a. The participants are expected to attend on time and not to skip any sessions unless
there is an urgent health issue at stake.
b. The quorum is met if at least two-thirds of the registered Judges are present.
c. Verification of quorum shall take place at the commencement of the every session by
a roll call conducted by the Presidency.
d. When a Member of the Court is late for the roll call of the session, a note should be
sent to the President requesting for being noticed and, in case of a Judge being late, for
being eligible for the Speakers’ List.
e. A quorum will be assumed to be present during sessions, unless specifically
challenged and shown to be absent by a roll call or deemed as such by the Presidency.
f. Decisions taken during the Judges’ Deliberation sessions shall be taken by the referred
majority of the Judges present.
II. THE SECRETARIAT
1. Composition
a. The Secretariat shall consist of the Secretary General of the Conference,
Undersecretary General of International Court of Justice and Undersecretary General
of International Criminal Court, two academic Advisers and the Academic Staff.
2. The Secretary General
a. The Secretary General may at any time address or authorize the members of the
Secretariat to address the Court in relation with the cases.
b. The Secretary General shall ensure the observance of the Rules of Procedure and
his/her instructions shall be certain.
c. The Secretary General may temporarily designate a member of the Secretariat-
preferably one of the Undersecretary Generals to act in his/her place.
d. The Secretary General shall carry the obligation to abide by the Rules of Procedure
and shall refrain from any action that might undermine his/her position.
3. The Undersecretary Generals
a. The Undersecretary General shall be bound by the Rules of Procedure and Secretary
General’s instructions and be responsible to the Secretary General.
b. The Undersecretary General shall write the Study Guides of her/his Court in
accordance with Academic Advisers and the Secretary General and be responsible to
the Secretary General in the constitution of Study Guides and the time limitations.
c. The Undersecretary General may address the Court in relation with the cases pursuant
to the authorization of the Secretary General.
d. One and any of the Undersecretary Generals shall perform all duties and obligations of
the Secretary General in his/her absence.
e. The Undersecretary Generals shall carry the obligation to abide by the Rules of
Procedure and shall refrain from any action that might undermine his/her position.
4. Academic Advisers
a. Academic advisers shall be bound by the Rules of Procedure and Secretary General’s
instructions and be responsible to the Secretary General.
b. Academic Advisers are entitled to help the Undersecretary Generals in order to find
and process a case matter and advise about the credibility and suitability of the case
matter in order to have a fruitful Study Guide to be written.
c. Academic advisers shall inspect the Study Guides in their evolving process and give
regular reports to the Secretary General.
d. The Undersecretary Generals shall carry the obligation to abide by the Rules of
Procedure and shall refrain from any action that might undermine his/her position
5. The Academic Staff
a. The Academic Staff shall be bound by the Rules of Procedure and the instructions of
Secretary General or Undersecretary Generals and shall be responsible to the Secretary
General.
b. Members of the Academic Staff may address the Court in relation with the cases
pursuant to the authorization of the Secretary General.
c. Members of the Academic Staff shall refrain from any action that might undermine
their position
III. DUE PROCESS PRIOR TO TRIAL
1. Written Pleadings
a. Prior to the conference, each advocate team will be required to submit a written
pleading as Memorial of the Applicant and Counter-Memorial of the Respondent.
b. A Memorial is the written statement presented to a legislature or executive as a
petition of the Applicant in which the statement of fact, statement of law, arguments
and prayer of the concerned party is stipulated.
c. A Counter-Memorial is the pleading of the Respondent written as a response to the
Memorial which consists of the Respondent’s statement of fact, statement of law,
counter-arguments and prayer.
d. Memorials of the parties shall be written in advance by the advocates and sent to the
Secretary General following the due dates updated in our website.
e. By the time the Memorial has been received, the Secretariat shall dispatch this written
pleading to the Respondent and demand for a Counter-Memorial to be sent. The
Counter-Memorial shall also be transmitted to the Applicant by the Secretariat
immediately after its submission.
f. Memorial and Counter-Memorial writing process and a sample of those two
memorials can be found in “Handbook for Advocates”.
2. Witness Submission
a. The Applicant and Respondent parties must specify up to two witnesses including
their names, positions and relation to the case within the time designated by the
Secretariat specifically for the submission of such information.
b. Should the parties failed to submit their witnesses within the required time period, it
will not be possible to produce any witness to testify before the Court.
c. The Secretariat afterwards shall allocate witnesses chosen from the Academic Team
and inform the Advocates of the names of those witnesses and their contact
information so that the witnesses can be prepared by the Advocates prior to
conference.
III. COMPOSITION AND THE MEMBERS OF THE COURT
a. The International Court of Justice shall be composed of two Presidents, one
Rapporteur, thirteen Judges and two Advocates for each party.
1. President
a. International Court of Justice shall have two presiding judges (the presidents) of equal
authority.
b. Presiding judges shall be appointed by the Secretariat prior to the conference amongst
the applicants and they shall remain in duty until the closing of proceedings unless
otherwise is decided by the Secretariat.
c. The Presidents shall be responsible for the implementation of the Rules of Procedure
and moderate all phases of the trial.
d. The Presidents shall refrain from any actions that might undermine their impartiality
and credibility within their position and shall be responsible to the Secretary General.
e. The Presidents also act as judges. They shall have equal vote in procedural and
substantive matters and also in all matters relating to the case before the Court.
f. The Presidents are obliged to follow the instructions given by the Secretariat. Should
any disagreement or ambiguity exist as to which article or provision of this Rules of
Procedure shall apply to a specific situation the decision of the Secretariat shall be
certain.
g. Although the presidents shall dictate the implementation of Rules of Procedure in the
Court, they shall not have authority over the decision of the other judges unless certain
judges’ opinion is obviously biased in which case the concerned judge shall be given
an official warning by the Presidents or the Secretariat.
2. Rapporteur
a. The Rapporteur of the International Court of Justice shall be appointed by the
Secretariat prior to the conference and s/he shall remain in duty until the closing of
proceedings.
b. The Rapporteur will primarily be responsible for taking copious notes of court
proceedings, arguments of the conflicted parties, deliberation of the judges and
decisions of the Presidents.
c. The Rapporteur shall not possess the right to participate in decision-making process.
In other words, s/he does not have the right to vote in procedural and substantive
matters.
d. The Rapporteur shall take and record the oaths of the Advocates and Witnesses before
the Court prior to the presentation of any evidence by the Advocates or the testimony
of the witnesses in accordance with Section VI.
e. The Rapporteur is obliged to study the case to the detail. If need be, the Rapporteur
may be required to share his or her knowledge of facts by the majority of the judges.
This motion may only be given during the judges’ deliberation or anytime that the
advocates are asked to leave the court room.
f. The Rapporteur will provide the linkage between the Court and the Press. S/he is
authorized to inform the press of the proceedings; however, any information that will
have impact on the trial proceeding shall not be disclosed.
3. Judges
a. The Judges shall be appointed by the Secretariat amongst the applicants prior to the
conference and shall remain in duty until the closing of proceedings unless otherwise
is decided by the Secretariat.
b. Judges are responsible to determine the rules of international law on the specific case
and reach a final judgment. The final judgment of the Court shall be written and
announced by the judges and the presidents.
c. Each judge shall have one vote in procedural and substantive voting procedures.
d. Judge’s decisions and actions must be unbiased. If they fail to meet this criterion they
may be given official warning by the President or the Secretariat.
e. Judges may ask questions to the advocates or witnesses in designated phases of the
trial proceedings by virtue of the rules stipulated in Section IV, Article 4 or Article 5.
4. Advocates
a. Advocates shall be appointed by the Secretariat prior to the conference amongst the
applicants and they shall remain in duty until otherwise is decided by the Secretariat.
b. Advocates represent state parties to case as two for the Applicant and two for the
Respondent and they are obliged to act for the best interest of their clients. The written
memorials, presentation of evidence, questioning of the witnesses, rebuttal of their
counter-party statements and evidences and other methods of proof shall constitute the
instruments of advocates while carrying out their duty.
c. The Applicant will be required to write a Memorial and the Respondent will be
required to write a Counter- Memorial prior to the conference and send it to the
Secretariat of Model Courts of Justice.
d. Advocates of the Applicant party shall carry the burden of proof. Burden of proof can
only be reversed if the Respondent has extraordinary claims such as trying to disprove
an acknowledged fact or an incident that has already been proved by the Applicant
party.
e. Advocates, as any other member of the Court, are obliged to abide by the Rules of
Procedure and final decisions of the Presidents. The official warning procedure
envisaged for the judges in Section III, Article 3/d shall also apply to the advocates.
f. Stipulations will be prepared by the two parties during the conference after the
advocates deliver their opening statements.
g. Advocates do not have the right to vote in substantive or procedural voting. They may
raise some motions however such as “motion to reduce/extend the speaker’s time”
provided the same will be granted to the opposing side when in favor.
h. Advocates may also raise a Point of Order, Point of Parliamentary Inquiry or Point of
Personal Privilege pursuant to the rules set forth in Section X, where deemed
necessary, however, they cannot raise a Point of Information.
IV. PHASES OF TRIAL
1. Opening Statements
a. Opening statements are brief speeches which can be considered as the re-statement of
the written pleadings. The parties explain what they will try to prove during the trial.
b. The Advocates shall present their opening statements whilst standing upon the stand
and seek for the permission directed by the presidents to take their leave from the
stage.
c. The time allocated for each party is set by the president and it can be amended by the
advocates or judges before the trial phase begins. Once it begins it cannot be amended.
If need be, some extra time determined by the President may be given to the advocates
provided that same additional time will also be granted to the opposing side. If the
Applicant was not given any additional time, the respondent must complete their
opening statements by the time originally designated.
d. The Applicant shall start the phase with the opening statement and when the Applicant
completes the opening statement, the Respondent shall proceed.
e. Questioning of the advocates by the judges will not be possible until the sides start
presenting their evidence.
2. Stipulations
a. A stipulation is a document agreed upon by the Applicant and Respondent parties
which state certain number of pre-determined facts that cannot be challenged during
the trial.
b. Preparation of the stipulations will start after both sides are finished with the opening
statements while the judges are deliberating on the case. The advocates will be
dismissed and be required to prepare the document before the presentation of the
evidence.
c. Should the advocates fail to produce stipulations they will not be able to rely on pre-
determined facts that cannot be disproven by the opposing party.
d. Stipulations will be in the form of a simple list clearly defining the events and facts
that both parties agree upon.
e. Stipulations must be signed by all advocates as Applicant and Respondent before it
can be delivered to the Court.
3. Presentation of Evidence
a. Evidence is any object decided to be reliable by the Court. It can be newspaper
articles, international agreements, multilateral or bilateral treaties, reports, resolutions
or anything that in essence helps the advocates to prove their arguments.
b. Prior to the presentation of evidence, the Rapporteur shall have the advocates take
their oath as stated by Section III, Article 2/d and pursuant to the rules stipulated in
Section VI. An advocate refusing to take the oath will not be able to continue
representing the State party.
c. The procedure related to the time allocated for the opening statements shall be applied
to the presentation of evidence mutatis mutandis.
d. The Rapporteur may claim that the evidence is unacceptable or the Advocates may
raise an “Objection of Immaterial” pursuant to the rules set forth Section VII, Article
1/F or the Presidents may ex officio decide likewise. This decision must be announced
and it can be appealed by one of the judges or the advocates by virtue of the rules set
forth in Section IX, Article 6.
e. If the decision of the Presidents is successfully appealed the evidence will stand as
valid. If no appeal takes place or if the decision of the Presidents stands after the
appeal process, that piece of evidence cannot be referred to during the presentation.
f. The Applicant party shall present their evidence and establish its relation to the case
first. They will be followed by the respondent. The questioning of the advocates by the
judges shall follow this phase.
4. Questioning of the Advocates by the Judges Following the Presentation of Evidence
a. After the completion of the presentation of evidence, the judges and naturally the
presidents shall have the floor to question the advocates. The judges to ask questions
shall be recognized by the presidents.
b. The Judges may question any side they prefer; however, they may only ask one
question at a time.
c. There shall be no certain time limitation for the questioning of the advocates;
nevertheless, the presidents may at any time decree to end the questioning. This
decision of the President is subject to an appeal motion raised by the judges.
d. The questions of the judges shall not be limited by the scope of the presentation but
must be relevant to the case.
e. One Advocate from each side shall answer the question of a judge. Intervention from
the other advocate will not be allowed. However, the parties are free to decide which
counsel answers the question pointed.
f. The Advocates shall answer the questions stand upon the stand seek for the
permissions directed by the presidents to take their leave from the stage.
g. The President may at any time rule a question or answer out of order and this decision
cannot be appealed.
5. Testimony of the Witnesses
a. Witnesses shall be called upon one by one to the court room and their identification
and relevance to the case shall be authenticated by the Presidents. After they take their
oaths pursuant to the rules stipulated in Section VI, the Court may proceed with the
testimony of the witnesses.
b. There shall be no certain time limitation for the testimony of witnesses. However, the
presidents may give a warning to the advocates or judges while questioning should the
testimony needlessly exceed a reasonable amount of time.
c. The testimony of witnesses shall consist of two main parts as direct examination and
cross examination.
d. During the direct examination, the sides shall question their own witnesses. The side
that is examining directly shall not be able to ask leading questions. Such questions are
subject to the objection of other party. The Presidents shall also be able to rule the
question out of order ex officio.
e. Questioning the witness of the opposing party is called a cross examination. Leading
questions shall be appropriate for the advocates that are cross-examining.
f. During the cross examination the party questioning the witness may only ask
questions related to what the witness has said during the direct examination. Any other
questions shall be ruled out of order by the Presidents or objected by the opposing
party.
g. Hearsay questions shall not be in order. Such questions are subject to the objection of
either party. The Presidents shall also be able to rule the question out of order ex
officio.
h. Questions to the witnesses shall be related to the witness’ own experience only. It
must be possible for the source of the information to be examined directly during the
cross- examination.
i. Applicant shall be the first to present witnesses. After the direct examination by the
Applicant, the Respondent shall have an opportunity to cross-examine the witness.
Lastly, the witness shall be questioned by the judges. However, the judges’ questions
are not limited by the witness’ statements during the direct examination. The same
procedure will apply to the witnesses of the Respondent.
j. Immediately after the testimony of the witness has been taken, the President dismisses
the witness and the Court proceeds with other witnesses, if they are any, or with a
judges’ deliberation session.
6. Rebuttal
a. During the rebuttal the introduction of new evidence shall be strictly forbidden.
However, the advocates shall ask the Chamber to admit previously presented
documents and witnesses into evidence.
b. During rebuttal the parties shall try to determine where their argument was lacking and
try to compensate.
c. There shall be no specific time limitation for rebuttal. Presidents must make sure that
both parties are treated equally.
d. After each party finishes their rebuttal, the judges shall have the opportunity to
question the sides. Questioning of a certain side shall immediately start after they have
delivered their rebuttal.
7. Judges’ Deliberation
a. A deliberation refers to the period of trial when the advocates are asked to leave the
court room after each phase of a trial that they are present in the courtroom for judges
to discuss the case in private.
b. During the deliberation, the debate shall be governed by the President in full
compliance with Section IX and Section X.
c. Length of the judges’ deliberation shall be determined by the presidents and
announced. They may allow additional time; however, their final decision shall not be
subject to appeal.
d. During the judges’ deliberation the press members shall also be asked to leave the
court room. Press may later on seek the Rapporteur to be enlightened on the process of
the trial. Any disclosure of information that might affect the decision process, the final
verdict of the trial and mislead or manipulate the judges, is prohibited.
8. Closing Statements
a. Closing statements of the case shall be given by the advocate parties, Applicant and
Respondent respectively.
b. During the closing statements the parties shall try to present what they have proven
through their evidence, or rebut the evidence and claims presented by the opposing
party legal elements and witnesses and deliver their prayer.
c. The time for speakers shall be determined by the presidents. The procedure in Section
IV Article 1/c applies mutatis mutandis.
V. BURDEN OF PROOF
1. The burden of proof is preponderance of the evidence and, as the duty of proving a
claim, shall primarily rest on the Applicant.
2. Fulfilling the burden of proof by proving an incident, the Applicant shall carry the
benefit of presumption and the burden of proof shall shift to the Respondent.
3. Burden of proof may also be shifted if the Respondent has extraordinary claims such as
trying to disprove an acknowledged fact.
4. Where the burden of proof is shifted, the Respondent bears a burden to present
evidence to refute the presumption or to prove their extraordinary claims.
VI. OATH
1. The oath shall follow as: “I solemnly declare upon my honor and conscience that I will
speak the truth, the whole truth and nothing but the truth”.
2. The oath shall be taken before the Court by the guidance of and as to be recorded by
the Rapporteur.
3. Advocates of each side shall take the oath before the presentation of evidence.
4. The Advocate refusing to take the oath will not be able to continue representing the
State party.
5. Each witness is required to take the oath before testifying.
6. The witness refusing to take the oath will not be eligible to testify before the Court, if
does so, the testimony shall be removed from any court records; parties shall refrain
from referring to it and Judges shall disregard the statement.
VII. OBJECTIONS
1. Where one of the parties’ action or statement is considered as falling under the scope
of any objection set forth in this very Section, the opposing party has a right to raise an
objection.
2. Exceptionally Judges and the Rapporteur have a right to raise an objection of prejudice
in accordance with the rules set forth in this section.
3. The final decision on the objection shall be made by the President and this decision
shall not be subject to appeal with the exception of an immaterial objection.
4. The President shall announce the decision on the objection as “granted” or
“overruled”.
5. Objections may interrupt the speaker.
6. If the objection is granted by the Presidents, the assertion subject to objection shall be
removed from any court records and parties shall refrain from referring to that specific
assertion.
An objection may be raised on grounds of the following as to:
A. Hearsay
a. Hearsay is traditionally a testimony that is given by a witness who relates not what
he or she knows personally, but what others have said, and that is therefore
dependent on the creditability of someone other than the witness. Such testimony
is generally inadmissible under the rules of evidence.
b. Questions to the witnesses shall be related to the witness’ own experience only. It
must be possible for the source of the information to be examined directly during
cross-examination.
c. If one of the parties to the case asks hearsay questions to a witness, the opposing
party has the right to raise an objection.
d. The final decision on the objection shall be made by the presidents and this
decision shall not be subject to appeal.
e. The President shall announce the decision on the objection as “granted” or
“overruled”.
f. Hearsay objection may interrupt the speaker.
g. If the objection is granted by the presidents, the assertion subject to objection shall
be removed from any court records and parties shall refrain from referring to that
specific assertion.
B. Leading Question
a. Leading question is a question that suggests the answer to the person being
interrogated; especially a question that may be answered by a mere “yes” or “no.
b. Leading questions may only be asked by the side that is cross-examining. There
shall be no leading questions asked during the direct examination of a witness.
c. In case of a leading question during the direct examination the opposing side has
the right to object.
C. Speculation
a. Speculation is the act or practice of theorizing about matters over which there is no
certain knowledge.
b. This objection shall be raised if a witness tries to predict the result of an answer or
possible outcome of an event.
c. In case of speculation the opposing party has the right to object.
D. Irrelevant
a. All assertions by the parties shall be relevant to the case at hand.
b. If the assertion made is irrelevant to the case the opposing party shall have right to
object.
E. Badgering
a. During the examination of the witnesses parties have the responsibility to refrain
from intimidation and distressing methods.
b. If one of the parties fails to meet this criterion, the opposing party shall have the
right to raise an objection.
F. Immaterial
a. Immaterial of evidence tends to prove some fact that is not properly at issue;
lacking any logical connection with the consequential facts.
b. Assertion of law by the parties must be in accordance with the Article 38 of the
Statute of International Court of Justice. Furthermore, the assertion of facts must
be certified under oath.
c. If one of the parties fails to abide by this rule, the opposition shall have right to
object.
G. Prejudicial
a. Prejudice is a preconceived judgment formed without a factual basis, a strong bias.
b. All assertions of law and facts shall respect the personal integrity of the counsels,
justices or officers.
c. If an assertion by one of the parties harms the personal integrity of a Member of
the Court, an objection may be raised by any of the above-mentioned persons.
H. Competence
a. Competence is a basic or minimal ability to do something qualification especially
to testify.
b. This objection shall be raised when a speaker asserts to a technical detail which
cannot be assessed by the mentioned speaker.
VIII. VERDICT
1. The simple majority of the justices shall be required for the writing of a verdict.
2. The verdict shall include the following aspects:
a. The date of judgment
b. The names and signatures of the judges authorizing the verdict
c. Names of the parties and their representatives
d. Summary of the trial
e. Statement of the facts
f. Legal ground
g. Submission of the parties
h. Dissenting and concurring opinions
3. Dissenting opinion shall be written and added to the final verdict by justices opposing the
judgment of the Court and shall include a legal ground for their conclusion.
4. Concurring opinion shall be written and added to the final verdict by judges agreeing with
the final verdict with having a different legal basis and shall include the legal ground for their
conclusion.
5. Each judge shall have one vote. Unlike the procedural voting, the dissenting or concurring
judges may abstain from the voting procedure on the final verdict provided that their opinion
had already been added to it.
IX. RULES GOVERNING JUDGES’ DELIBERATION
1. Debate and Speakers’ List
a. The Presidents shall establish a Speakers’ List in which judges may speak generally
regarding the case. The judges shall never be required to stand up or go up to the stand
while making speeches.
b. In order to be registered for the Speakers’ list, a note to the Presidents shall be
sufficient. The President shall add the Judge to the Speakers’ List, provided that the
Judge is not already on it. The President may also ask the Judges wishing to be added
to the Speakers’ List.
c. A motion for the closure of a debate shall be raised by judges. Presidents have the
discretion of closure and this decision cannot be appealed
d. Provided that there are no motions of any kind, the Speakers’ List continues until it is
exhausted, without prejudice the Presidents’ discretion to renew the Speakers’ List at
the beginning of each Judges’ Deliberation session.
2. Speeches
a. The time limit for speeches conducted within the Speakers’ List shall be set by the
Presidents and it can be amended by raising a motion in order for either extending or
reducing the allocated time.
b. No judges may address the Court without the permission of the Presidents.
c. The Presidents may call the speaker in order and interrupt or even terminate the
speech if the speaker exceeds the allocated time or if the speaker’s remarks are not
relevant to the topic under discussion or they are offensive to the members of the
Court.
d. The judges shall be allowed to answer the questions raised by the other judges in
accordance with the rules set forth in Section VIII, Article 2, if willing and has
remaining time to do, at the conclusion of a speech. All questions and replies shall be
directed through the Presidents.
3. Yields
a. A judge granted the right to speak on a substantive issue may yield his/her remaining
time of speech to another judge, to Points of Information or to the Presidency. Yields
are to be declared by the conclusion of the speeches.
b. No yields are allowed during procedural speeches or if the speaker’s time has
expired.
c. Once there has been a yield by the speaker to another judge, the President ask to the
Court if there are any Judge wishing to make a speech and upon recognition another
judge makes a speech in remaining time, unless the first judge speaking specifies
another judge while yielding his/her time. The second judge speaking may only yield
back to the President.
d. Concerning the time yielded for Points of Information, the Presidents shall select
questioners, which are granted one question each, and it is at the President’s
discretion to recognize a Right to Follow-Up.
e. Only the speaker’s answer to the question shall be deducted from the speaker’s
remaining time.
f. The President shall have the right to call to order any judge whose Point of
Information is, in the opinion of the Director, rhetorical and leading and not designed
to elicit information.
g. Should the remaining time be yielded to the Presidency, the President will then move
to the next speaker.
4. Moderated Caucus
a. A Judge may move for a Moderated Caucus by raising a motion, in order to facilitate
the debate on a specific issue.
b. Such a motion may be raised at any time when floor is open. (i.e. the Court is in
default setting in Speakers’ List and no motions are being considered.)
c. The Judge raising the motion must state the purpose of the moderated caucus and
specify a time length of the caucus, not to exceed twenty minutes, and per speaker’s
time.
d. The Presidents may rule the motion out of order without any possibility of appeal or
may alter per speaker’s time, the length of the caucus or the purpose of the caucus
and put it to a vote.
e. This motion shall be put a vote and its adoption requires a simple majority of the
Judges.
f. Adoption of such a motion temporarily shall suspend the Speakers’ List for the
specified time and the judges who signify their desire to speak by raising their hands
may speak in turn upon recognition of the President.
g. The Presidents may call the speaker in order, if the speaker exceeds the allocated
time or if the speaker’s remarks are not relevant to the topic under discussion or they
are offensive to the members of the Court.
h. Where there are no Judges desire to speak, the moderated caucus shall ends
automatically and the Court resumes in default setting in Speakers’ List.
i. Where the specified time has expired, the Speakers’ List is resumed provided that
there are not any motions for another unmoderated or moderated caucus or other
motions of other qualities.
5. Unmoderated Caucus
a. A Judge may move for an unmoderated caucus by raising a motion. Such a motion
may be raised at any time when the floor is open.
b. The Judge raising the motion must briefly explain the purpose and specify a time
length of the caucus, not to exceed twenty minutes.
c. The Presidents may rule the motion out of order without any possibility of appeal or
may alter the length of the caucus and put it to a vote.
d. This motion shall be put a vote immediately after its proposal and its adoption
requires a simple majority of the Judges.
e. Adoption of such a motion temporarily shall suspend the Speakers’ List for the
specified time and the Judges shall carry an informal discussion without leaving the
room.
f. Where the specified time has expired, the Speakers’ List is resumed provided that
there are not any motions for another unmoderated or moderated caucus or other
motions of other qualities.
6. Appeal to the Presidents’ Decision
a. Any decision of the Presidents, with the exception of matters that are explicitly stated
within this very document to be non-appealable, may be appealed immediately after it
has been made by the Judges and the Advocates.
b. The President may speak briefly in defense of the ruling. The appeal shall then be put
to a vote.
c. An “in favor” vote indicates support of the President’s ruling whilst an “against” vote
indicates opposition to that ruling.
d. The decision of the President shall stand unless overruled by a two thirds majority of
the Judges in judges’ deliberation and of the Judges and the Advocates during the
proceedings.
e. Presidents shall not have any part in the voting process of the appeal.
7. Extensions
a. A moderated or unmoderated caucus may be extended with a motion given by a Judge
right after the allocated time for those moderated or unmoderated caucuses have
lapsed.
b. The Presidents may rule the motion out of order without any possibility of appeal.
c. This motion shall be put a vote immediately after its proposal and its adoption requires
a simple majority of the Judges.
d. The extension may not be longer than the previously allocated time of the caucus that
is being extended, unless otherwise decided by the Presidents for the sake of the
deliberation.
e. A moderated or unmoderated caucus may only be extended once.
8. Suspension and Adjournment of the Proceedings
a. A Judge may propose a motion for a suspension of the meeting for a specified time
and purpose to suspend all functions of the Court until the next session.
b. A Judge may propose a motion for adjournment of the meeting to suspend all
functions of the Court for the duration of the Conference.
c. The President may overrule such motions and these decisions are not subject to
appeal.
d. Such motions do not require a debate; thus, if entertained, they are immediately put to
vote and will require a simple majority to pass.
e. A motion to adjourn the meeting will be out of order until the three-quarters of the
time allotted for the last session has lapsed.
X. RULES GOVERNING POINTS
1. Point of Personal Privilege
a. Members of the Court may request the Presidents by raising a Point of Personal
Privilege to correct discomforts provided that such a discomfort prevents their ability
to participate in the proceedings.
b. Point of Personal Privilege may only interrupt a speaker when a member of the Court
has difficulties regarding audibility.
2. Point of Information
a. Judges may direct questions to the Advocates and the witnesses upon the Presidents’
recognition, when floor has been opened to Points of Information by the Presidency.
b. Judges may direct questions to the speaker upon the Presidents’ recognition during the
judges’ deliberation, provided that the speaker opened himself to Points of
Information.
c. Judges’ questions shall not be subtracted from the time which is allocated for the
Advocates or the witnesses or the speaker.
d. A Point of Information cannot interrupt a speaker.
3. Point of Order
a. Members of the Court may raise a point of order to indicate an improper
implementation of the parliamentary rules by Presidents or another other member of
the Court.
b. The Presidents shall immediately take into consideration the point pursuant to the
Rules of Procedure. A Point of Order which is dilatory or improper may be ruled out
of order without any possibility of appeal by the Presidents.
c. Member of the Court raising a Point of Order may not speak on the substance of the
matter under discussion.
d. A Point of Order may not interrupt a speaker unless it is an absolute necessity in order
to follow the proper parliamentary procedure.
4. Point of Parliamentary Inquiry
a. Members of the Court may raise a Point of Parliamentary Inquiry requesting an
explanation on the Rules of Procedure from the Presidents.
b. A Point of Parliamentary Inquiry may neither interrupt a speaker nor be in regard to
substantive matter.
XI. PRECEDENCE OF POINTS AND MOTIONS
1. In case where multiple points and motions are proposed at the same time, the proposed
points and motions shall be ranked pursuant to the provisions stipulated in this section and
then will be entertained accordingly by the Presidents.
2. The precedence among the Parliamentary Points is as follows:
a. Point of Personal Privilege
b. Point of Order
c. Point of Parliamentary Inquiry
d. Point of Information
3. The precedence among the Motions is as follows:
a. Motion for Adjournment of the Proceedings
b. Motion for Suspension of the Proceedings
c. Motion for an Unmoderated Caucus
d. Motion for a Moderated Caucus
4. Parliamentary Points have always precedence over the Motions.
5. When proposed more than one unmoderated caucus, the longer shall put to the vote first.
Same rule applies for moderated caucus.
6. Where a Motion for the Extension is raised whilst other motions for moderated or
unmoderated caucuses are also in question, the Motion for the Extension shall put to the
vote first.
7. Where a Motion to Appeal the President’s Decision is raised whilst other motions in other
qualities are also in question, the Motion to Appeal the President’s Decision takes
precedence, considering the fact that it must be raised and considered right after the
objected decision has been made.