IMUN’s

International Court of
Justice Guide
Special Committee Version

IMUN III
Executive Board Team
2024
 Documents - Advocates
A. Stipulations
Stipulations are facts regarding the case that have been agreed upon by both
parties. These can be facts regarding historical events of the case or definitions of
key terms. The purpose of stipulations is to help advance the case quickly by
avoiding disagreements on basic aspects of the case. Prior to the conference, both
parties should, in collaboration, produce a list of stipulations that they will present
to the court.

Stipulations should contain, in bullet form:

- Definition of key terms
- Important historical events
- Activities by both countries
- Relevant treaties and special agreements

The stipulation list should be agreed upon by both parties. Once the list has been
finalized, it should be sent to the Chairs electronically.

B. Witness List
Prior to the conference, advocates present a witness list with a set of
statements that are relevant to their case. A witness list is a list of members that the
parties would like to summon as witnesses. Only three to five witnesses are
allowed to be summoned per party.

C. Memorandum
A memorandum is a document that advocates in the International Court of
Justice write for the Chairmen and opposing counsel. It provides an overview of
the case, the facts of the case, the party’s view on the issue, along with legal
principles that may apply to the case. The memorandum should be written in bullet
points. It should contain five parts: a Statement of Jurisdiction, a Statement of
Law, a Statement of Facts, Arguments and Summary, and a Prayer of Relief.
Statement of Jurisdiction
In this section, advocates should introduce the case by addressing how this
case became a dispute and how it got to be heard by the ICJ.

Statement of Law
In this section, advocates need to present the relevant laws, treaties, or any
form of legislation that they will rely upon in the trial. It is crucial that they should
also elaborate on how these treaties and laws build their case, which helps the
Chairmen more easily understand the documents presented.

Statement of Facts
In this section, advocates should provide details about the purpose of the
case as well as previous attempts that were made to resolve the dispute. Keep in
mind, however, that all of the information that advocates add should only support
your cause. Bias is acceptable.

Arguments
This is where advocates list their points of argument on why they believe
that the law is on their side. Along with each argument, they should narrate how
such laws or legal principles help their case. These should make up your major
arguments because Chairmen refer back to this to achieve the point the advocates
are trying to communicate. Therefore, it is very important that advocates insert the
relevant articles or annexes that the claim is based on. Advocates can refrain from
writing some of their arguments so that they can use them as “secret weapons”
later.

Summary and Prayer of Relief

The advocates should address the verdicts they wish the court to rule on.
After deliberation, the Chairmen will choose between the two Prayers of Relief.
Chairmen cannot stray from these Prayers of Relief to give a bit of everything
to both parties. They have to choose between the two and therefore, it could be
strategically advantageous to write one’s Prayer of Relief in a neutral manner
instead of a harsh, one-sided one, as Chairmen tend to disagree, and therefore
would more likely be able to come to a consensus on a more neutral Prayer of
Relief.

Order Of Proceedings
Prior to the Conference
Prior to the conference, the advocates must submit the list of stipulations and
witnesses as well as memorandums to the Chairs of the ICJ. The deadline for
submissions will be decided by the Chairs.

During the Conference

A. Opening Statements
Opening statements are brief speeches presented by both applicants and
advocates at the commencement of a court case. Designed to reaffirm the position
of the applicant/advocate parties and to reiterate the convictions stated in their
respective memoranda, opening statements also provide the Chairmen and jury
with a brief and strong introduction of the case from the point of view of the party.
Opening statements are usually 10 minutes long and typically include:
a. a general introduction of the issue from the point of view of the party
b. the judgment requested (what the party wishes for the chairmen to rule on
this case)
c. some vague snapshots of the pieces of evidence that will be presented
further on in the case (optional).

B. Questioning
Chairmen are given the chance to question the advocates from both parties
about anything mentioned in the advocates’ opening statements.
 C. Stipulations
Presentation of stipulation by the advocates. A general run-through, mainly
to allow Chairmen to understand what is already established.

D. Evidence Presentation
After the opening statements, before the case commences, the advocates
present their evidence to the rest of the committee. Chairmen will evaluate the
evidence based on the following criteria: Reliability, Accuracy, Bias, Date of
Publication, and Relevance. If Chairmen determine that the evidence does not
meet the criteria or determine that it’s not substantial enough to support the party’s
arguments, they will eliminate the evidence, and you will not be able to use the
evidence to support your arguments.
When presenting the evidence to the court, the advocates will have to
provide the following information: Name/Title of Document, Source, Date of
Publication, and Author. For all documents, advocates are expected to highlight
the important information relevant to the topic, particularly in large documents that
are several pages long. The evidence must also be printed from the original page
and not copied onto a document, as evidence whose original format has been
edited or tampered with will not be accepted by the ICJ.

E. Questioning
Chairmen are given the chance to question the advocates from both parties
about anything mentioned in the advocates’ evidence.

F. First Deliberation
Advocates are escorted outside the room while the chairmen discuss the
information presented and so on.

G. Witness examination and cross examination

Witness Examination is the time where the witnesses of the case are
questioned by both parties as well as Chairmen, this examination is important as it
provides human “evidence” in the case. There are two types of witnesses: regular
witness and Expert witness. Witness examination consists of four parts: witness
testimony, direct examination, cross examination and Chairmen examination.
Witness Testimony
 After the witness has administered an oath, they will have around 1-3
minutes to talk about their role in the case and mention key evidence/facts to which
they would like the house to pay attention. During testimony, they should try to be
as accurate as possible as the opposing counsel may draw the attention to the faults
in witnesses’ testimony during cross examination.

Direct Examination
The examination of a witness by the party who has introduced the witness.
During direct examination, leading questions cannot be asked unless the witness is
an expert witness. The party should use this time to establish the credibility of the
witness as well as help add evidence and facts to their side.

Cross Examination:
The witness is examined by the other party in the case. During this time, the
advocates examining the witness aim to make the witness non-credible and create
dispute over the witness’ statements. It is advised that the advocates use the tool of
leading questions to the fullest in this part of examination. The advocates however
can only question the witness on his statements during testimony and direct
examination. The advocates cannot ask the witness about events outside of that
context, breaking this rule can result in an objection from an advocate of the
witness’ party and/or the Chairman overruling the question.

Chairmen Examination:
The chairmen are free to ask any questions to the witnesses in order to
gather information relevant to the case. Chairmen are not limited to the testimony
of the witness or their statements during examinations and can ask the witnesses
any questions that are relevant to determine the credibility of the witness.
Chairmen are allowed to ask leading questions.

H. Rebuttal
Rebuttals allow advocates the opportunity to reiterate and clarify the key
points of their written memorials directly to the Court. Advocates will be required
to respond to Chairmen’ questions at any time after their constructive argument.
Advocates are thus advised to be resilient in structuring their oral arguments.
Answer all questions from the chairmen; after all, they are the ones to be
persuaded.
The purpose of the rebuttal is to summarize prior arguments and respond to
those of the opposing party. It is important to be articulate, brief, and identify the
most important arguments that the Chairmen should consider in making a decision.
The Chairmen will have a lot of evidence and legal rhetoric presented to them, and
they are looking for advocates to discern the important information from the more
trivial aspects of the case. It is up to an advocate to make the distinction for them.
Questions are not permitted during rebuttal which gives advocates more time to
speak for their side without any interruptions.

I. Closing Statements
Closing statements are brief speeches presented by both applicants and advocates
before the adjourning of a court case. A closing statement should be a powerful,
persuasive summary of the case from the point of view of the party. Each party
should take this allotted time as a crucial opportunity to sum up its arguments,
reiterate its convictions, and solidify its evidence with firm points. Closing
statements are usually 10 minutes long and typically include:

a. The issue, how it should be answered, what the overall decision should be,
b. the argument/conviction of the party on the matter,
c. a “prayer”, i.e. what the party hopes the judgment is,
d. the amount to be paid as damages or to help close the case (OPTIONAL).
It is crucial to remember that the Court has the ultimate authority when it comes to
the actual judgment on the above matters.

J. Final Deliberation
Once closing statements are complete, the advocates are required to exit the
room, and the court enters a closed session, with only the chairmen and chairs
present. During this process the Chairmen discuss each aspect of the case which
are: the legal arguments presented by both parties, the evidence available, and
solution to the case at hand. Once the discussion is over, each chairman announces
their decision on the case.
 K. Reading of Verdict
While delegates in other committees know about the passing of a resolution
while the committee is in session, the final verdict is not known until the closing
ceremony of the conference. During the closing ceremony, the verdict will be
delivered by one of the Chairs.