The ICJ rules on cases between two consenting UN members on whether an international law (conventions, treaties, etc.) has been breached. Delegates represent the applicant and respondent in teams and participate in an intense legal proceeding.

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UMMUN's International Court of Justice runs much different than other UMMUN committees. The UMMUN conference handbook does not apply to ICJ: we do not follow the same rules of procedure, caucus, have speakers lists, write resolutions, or have the same country assignments as the rest of UMMUN. The following is provided so that as an ICJ delegate, you know how ICJ will function as a committee and what you need to do to prepare for the conference.

Function of the International Court of Justice

According to the official ICJ homepage, "the Court has a dual role: to settle in accordance with international law the legal disputes submitted to it by States, and to give advisory opinions on legal questions referred to it by duly authorized international organs and agencies." The decisions made by the Court are "in accordance with international treaties and conventions in force, international custom, the general principles of law and, as subsidiary means, judicial decisions and the teachings of the most highly qualified publicists" - in other words, international law.

UMMUN's International Court of Justice

Your goal as a delegate in UMMUN's ICJ is to defend whether or not the respondent is guilty of breaking international law. This will be done by considering what form of international law dominates and the reputability of sources. We are assuming that the Court has established jurisdiction in these cases and that both parties have agreed to this jurisdiction. Therefore, although in reality the parties may not have accepted the jurisdiction of the Court in these cases, this is not an acceptable argument at UMMUN.

UMMUN's International Court of Justice Roles:

Applicant
Comprised of half the delegates, the Applicant roughly fills the same role as the plaintiff in American tort law. This is the country bringing the case before the Court. It is the mission of the Applicant to form a convincing case by presenting persuasive arguments for their side and to provide evidence to support their claim. UMMUN ICJ staff will advise the Applicants in their role and provide other insight into the case as necessary.
Respondent
The respondent also comprises half of the delegates and UMMUN ICJ staff as advisees. This is the country being charged with breaking international law. The Respondent must construct a case defending the actions of their country by any means that might persuade the Justices to vote in their favor.
Justices
UMMUN ICJ staff will serve as justices, with the head justice presiding over the Court. The Justices listen to the arguments and examine the evidence to form an individual opinion. After the case has been rested by both the Applicant and the Respondent, the outcome will be determined based on a majority vote. A majority and dissenting opinion will be stated after the verdict is made known.

The roles of Applicant and Respondent will not be assigned before the conference; therefore, delegates should be prepared for both sides in both cases. By preparing for both sides, you will have a better understanding of the case as a whole and will be better able to represent the side you are assigned to. At the beginning of the conference, all delegates will be split into two teams. Each team will represent the Applicant in one case and the Respondent in the other.

UMMUN's International Court of Justice Courtroom Procedures

The courtroom procedures are the rules of UMMUN's ICJ. These define the minimum standards for the operation of the ICJ. However, precedents set by the head justice will follow through to the remaining cases. UMMUN ICJ staff reserves the ability to modify the procedures as the simulation runs to smooth over any unforeseen problems that may occur. If any changes are made, they will be noted at the beginning of the second case by the head justice as the other justices are seated.

Article 1:
1. UMMUN staff will serve as justices, with one head justice presiding over the court
2. The head justice will rule on and oversee all matters of procedure
Article 2:
1. The official language of the court is English
Article 3:
1. Both parties, the Applicant and Respondent, will be represented by delegates acting as agents
2. The Applicant and Respondent will each consist of half the agents
3. The Applicant and Respondent will each be assigned UMMUN staff as advisees
Article 4:
1. The procedure consists of two parts; written and oral
2. The written proceedings consist of a list of evidence
3. The oral proceedings consist of the hearings by the Court of the agents
Article 5:
1. Evidence will only be admitted if a hard copy is available
2. Once evidence is admitted, it is available to both parties
Article 6:
1. The Court may at any time, inquire to any agent about facts in the case
Article 7:
1. Order of the trial
a. There will be 1 hour of preparation time for both sides
b. Evidence will be submitted and an additional 1 hour will be provided for preparation
c. Applicant opening statement summarizing their case, must not be argumentative towards the Respondent, time limit 15 minutes
d. Respondent opening statement summarizing their case, must not be argumentative towards the Applicant, time limit 15 minutes
e. Applicant presents its case against the Respondent, time limit 1 ½ hours
f. Respondent defends itself against the Applicant, time limit 1 ½ hours
g. Applicant rebuttal, time limit 45 minutes
h. Respondent rebuttal, time limit 45 minutes
i. Applicant closing statement, summing up the case, time limit 15 minutes
j. Respondent closing statement, summing up the case, time limit 15 minutes
k. The justices will then deliberate
Article 8:
1. If one party does not appear before the Court, the other party may ask the Court to rule in its favor
Article 9:
1. When the agents finish their presentation of the case, the head justice is the one to close the Court
2. After the closing of the Court, the decision will made based on the majority opinion of the justices
3. In the case of a tie, the head justice will have the deciding vote
4. If there is not a unanimous decision, the opposing voice(s) may be heard by all members before the Court
Article 10:
1. The head justice has a right to ask anyone who is not following the courtroom procedure to please leave the Court

Preparation for UMMUN 2001

As an ICJ delegate, you are required to write position papers before the conference. Two position papers should be submitted, one for each case. Each paper should examine both sides and address the questions from the end of the background papers that you find most pertinent. The purpose of position papers is to encourage you to come to the conference with a solid understanding of the cases. Once at the conference, you will then be able to collaborate within your team to develop a strong case to present to the Court. You should also bring documents that you believe will be useful as evidence. Remember, your preparation and participation is needed to make the committee a success.

UMMUN 2001 International Court of Justice Cases:

Qatar v. Bahrain
Maritime delimitation and territorial questions
http://www.icj-cij.org/icjwww/idocket/iqb/iqbframe.htm

The Democratic Republic of the Congo v. Burundi
Armed activities on the territory of the Congo
http://www.icj-cij.org/icjwww/idocket/icb/icbframe.htm
� 2000 University of Michigan Model United Nations 2001 Online.
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