THE 2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION JAKARTA, 20TH – 22ND NOVEMBER 2015

RULES & PROCEDURE Administration 1. The 10th Indonesian National Round of the International Humanitarian Law Moot Court Competition (the “Competition”) shall be run under the auspices of a National Administrator (the “Administrator”), which has the power to: a. co – opt members of the committees; b. appoint judges; c. amend and apply these rules as appropriate. 2. The Competition is held as the national selection to determine the team that will represent Indonesia at the 14th Red Cross International Humanitarian Law (“IHL”) Moot Court Competition in Hong Kong in 2016.

Delegations and Teams 3. The Competition is open to not more than one delegation from each participating university. 4. Each delegation shall consist of one team of two active undergraduate law students. Each participating university may opt to include another one student as a researcher (the “Researcher”) and a coach in its delegation. 5. A person is ineligible to participate in the Competition if he or she has ever participated in the IHL Moot Court Competition in Hong Kong before, regardless of acting as oralist or researcher. One should make declaration in registration to the Competition, with verification by the respective delegations’ team coaches or contact person, whoever with the authority delegated by the participating universities. False declaration would be subject to disqualification of the entire delegation in concerned.

Registration 6. Each participating university must notify the Administrator by sending the letter of intent via email to [email protected] by 25 September 2015. 7. The contact person of the delegation will receive: a. The team number; and b. Any other relevant organizational material. 8. The contact person of the delegation is responsible for: 1

THE 2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION JAKARTA, 20TH – 22ND NOVEMBER 2015 a. Distributing the information and material as mentioned in Rule 7 to each member of its delegation; b. Conveying enquiries or other correspondence with the Administrator; c. Confirming the declaration of participating students in absence of team coach of the delegation pursuant to Rule 5. 9. Only communication through registered contact person shall be deemed valid. 10. A delegation will normally not be permitted to make any substitution of its members after they have been registered under Rule 6.

The Problem 11. The mooting problem has been published on 23 August 2015 at Blog of ICRC Jakarta: http://blogs.icrc.org/indonesia/. The invitation letter, the official rules, and letter of intent will be sent by e-mail to potential universities and last known contact person. In specific circumstances, softcopy of the mooting problem, invitation letter, the official rules, and letter of intent, may be requested to [email protected]. 12. Only clarification with material significance in the context of the mooting problem may be requested. Accordingly, request for clarification must include a brief explanation of the expected material significance. Teams should bear in mind that the mooting problem provides a limited set of facts and thus may not use request for clarification merely to obtain additional facts to those contained in the mooting problem. 13. The request for clarification of the mooting problem can be delivered via e-mail to [email protected] before 27 September 2015. 14. The Administrator shall have absolute discretion to determine whether it is necessary to respond to or resolve any request for clarification. Any necessary clarification will be distributed to all teams by 10 October 2015 through e-mail to the contact person of each team pursuant to Rule 6. The official clarification shall be deemed as part of the mooting problem.

The Memorials Form and Length 15. Each team shall submit two memorial for the Prosecutor and the Defendant respectively. 16. Each Memorial should be contained in a single file named: [Team Number] – [Prosecutor/Defendant]. The electronic copies must be submitted in Microsoft Word for Windows/Mac format. 2

THE 2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION JAKARTA, 20TH – 22ND NOVEMBER 2015 17. Each memorial shall be typed with 1.5 line spacing, using ‘Times New Roman’ font in size 12 on plain A4-size paper. This rule applies to all aspects in the memorial; including body of the text, citations, and footnotes. 18. Citations must be in the body of the text or in footnotes (not end notes) and using a proper legal citation standard. 19. Each memorial consists of: a. A cover sheet; and b. Pleadings (including conclusion and/or prayer for relief). The template cover of memorial is provided in the end of this Rule. 20. Any violation to Rules 15-19 will lead to deduction of 5 out of 100 marks from the teams’ memorial score. 21. Each memorial (excluding cover sheets) shall not exceed 4000 words in length, including titles and subtitles, citations, footnotes, endnotes, and sources. Omitting space between individual words to circumvent the world limit would be subject to mark deduction at the discretion of the Administrator. In the event that any team submits a memorial of a length exceeding 4000 words, the Administrator shall deduct marks from that teams’ memorial score according to the following scale: i. 1-100 words in excess – deduction of 5 marks; ii. 101-200 words in excess – deduction of 10 marks; iii. 201-400 words in excess – deduction of 20 marks; and iv. Over 400 words in excess – deduction of 30 marks.

Submission of Memorials 22. Each team shall submit a copy of its memorials via e-mail to [email protected] by 30 October 2015. The team also has to dispatch fifteen (15) hard copies (each hard copy of memorials shall be bound with binder clips) of each memorial via post or any express mail service, on or before that same day (according to post mark), to the Administrator by 30 October 2015 at the following address: Attn. Adeline Winardi Jl. Kemurnian Selatan No. 13, Jakarta Barat 11120 Any form of differences found between hard copy and soft copy of the memorial(s) will lead to deduction of 10 out of 100 marks from the teams’ memorials score. In such case, score of the 3

THE 2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION JAKARTA, 20TH – 22ND NOVEMBER 2015 memorial will be based on the hardcopy version. ICRC and ISIL reserve all rights to publish any submitted memorials. 23. In the event that any team fails to submit its memorial on time (pursuant to Rule 22), the teams’ memorial score will be deducted 5 out of 100 marks per day. 24. A memorial may not be revised for any purpose whatsoever once it has been submitted.

Oral Hearings Preliminary Rounds 25. Twenty teams with the highest memorial score shall proceed to the Preliminary Rounds in Jakarta. 26. Unless otherwise notified by the Administrator, the preliminary rounds will be held on 21 November 2015. The Administrator will give due notice to the contact persons of participating universities for the venue of the competition. 27. In preliminary rounds, each team shall argue twice, both as Prosecutor and Defendant. 28. The pairing of opposing teams will be based on random draw. No team shall compete against the same team twice in the preliminary rounds. 29. After the draw has been conducted, the teams’ memorial will be distributed to the judges who will adjudicate that teams’ oral hearings in the preliminary rounds of the Competition. 30. Each team will receive the hardcopies of memorial of opposing team on the Technical Meeting and Briefing Session on 20 November 2015.

Semi-Final Round 31. The four (4) teams with the highest average score out of 500 after the completion of the preliminary rounds shall proceed to the semi-final round. Each teams’ average score out of 500 shall be determined by combining its memorial score out of 100 with the aggregate of its oral hearings’ score out of 400 awarded in the preliminary rounds. 32. In the event that, after the completion of the preliminary rounds, more than four (4) teams have scores so that two or more of them have tied for eligibility for the semi-final round, then the Prosecutor or Defendant team to proceed to the semi-final round shall be the team from those which have the highest average score out of 400 for its oral hearings in the preliminary rounds. In the further event that such teams are also tied in their average score out of 400 for oral hearings in the preliminary rounds, the team which will proceed to the semi-final round shall be the team whose counsel with the highest score out of 200 for his or her oral hearings in the preliminary 4

THE 2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION JAKARTA, 20TH – 22ND NOVEMBER 2015 rounds. Where more than two teams have tied, the Administrator shall adopt her discretion pursuant to Rule 76 to discuss with the respective judges and the decision after discussion shall be final. 33. Unless otherwise notified by the Administrator, the semi-final round will be held on 21 November 2015. 34. The semi-finalist will plead one time, either as Prosecutor or Defendant. The side will be determined by coin-toss. 35. The pairings shall be determined by use of “power-seeding”, i.e. the highest-ranked team shall compete against the lowest-ranked team; the second-highest-ranked team shall compete against the second-lowest-ranked team. 36. The Administrator will then announce the pairing result for semi-final round to the eligible teams, and will make available hardcopy of each teams’ memorial to its opposing team.

Final Round 37. The winning teams in semi-final, which are decided by judges’ verdict, from each courtroom shall proceed to the final round. 38. Unless otherwise notified by the Administrator, the semi-final and final rounds will be held on 22 November 2015. 39. The finalist will plead one time, either as Prosecutor or Defendant. The side will be determined by coin-toss.

Rules Applicable to All Rounds 40. Each team shall consist of a first counsel and a second counsel, as designated by the team or by its relevant participating universities. 41. Each team shall not, in any circumstance, be permitted to mention anything about their background (university, etc.), which would otherwise be subject to a deduction of a fixed mark of 20 from the total score out of 100 of the counsel in concern, and in turn affect the teams’ score in each of the oral hearings. 42. Each team shall indicate at the beginning of its oral argument the amount of time reserved by each counsel to submit the main pleadings and, if any, (sur)rebuttal. 43. Each team shall speak for no more than 40 minutes. Each counsel shall speak for a minimum of 15 minutes, excluding (sur)rebuttal. 44. Each team may reserve up to 10 minutes for (sur)rebuttal. 5

THE 2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION JAKARTA, 20TH – 22ND NOVEMBER 2015 45. The scope of the (sur)rebuttal is limited to responding to the opponents’ oral hearings. 46. Either the first counsel or the second counsel may address the court in (sur)rebuttal. 47. The court may, in its discretion, give time extension for each counsel for reasonable ground at maximum 5 minutes. 48. In case of a Team fails to appear for a scheduled Oral Round, the Administrator, after waiting thirty (30) minutes, may allow the Oral Round to proceed ex parte. In an ex parte proceeding, the attending team presents its oral pleadings, which are scored by the judges to the extent possible as if the Team had been present and arguing. 49. Time shall be kept by a bailiff, who will warn counsels by appropriate means when they have: a. 5 minutes left; b. 3 minutes left; c. 1 minute left; d. To conclude their submission. 50. The only official time of the match is the time indicated by the bailiff. No one other than the bailiff may display timecards or other signal to the oralist concerning the remaining time. 51. The order of the oral presentations shall be: i. Prosecutors’ first counsel; ii. Prosecutors’ second counsel; iii. Defendants’ first counsel; iv. Defendants’ second counsel; v. Rebuttal, if any (Prosecutors’ first or second counsel); vi. Sur-rebuttal, if any (Defendants’ first or second counsel). 52. Only two members of the team, which will deliver oral submission, may sit at the counsel chairs. 53. The two counsels are not allowed to communicate with anyone, except the judges and his/her cocounsel, excluding the Researcher and the Coach. 54. Communication at the counsel table shall be in writing form to prevent disruption. Teams and spectators have to avoid all unnecessary noise or other inappropriate behavior. 55. Written communication during the Oral Round shall be limited to written communication among team Members sitting at the counsels’ seat. No other written communication may take place between any combinations of the following parties: judges, the oralist, Team Member sitting at the counsels’ chair, or spectators (including Researcher seated in the audiences’ seats). 56. During an Oral Round, none of the participants nor spectators may operate any electronic devices, particularly those which are connected to internet or have communication function. All such 6

THE 2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION JAKARTA, 20TH – 22ND NOVEMBER 2015 devices must be turned off and removed from sight as soon as the bailiff first enters the courtroom, and must thereafter remain off and out of sight until the conclusion of the Oral Round. 57. Team Members (including Coach and Researcher) or persons directly affiliated with any Team may only attend preliminary rounds in which their Team is competing. Each violation of this rule will be subjected to deduction of 50 marks from the team total score of its oral hearings. 58. ICRC and ISIL reserve all rights to the audio or video taping, or any other form of audio or visual documentation, of any Oral Round or part thereof. No audio taping or video taping of oral pleadings by other parties is permitted without the advance permission of the entire panel of judges, the two (2) participating Teams, and the Administrator.

Assistance 59. All research, writing and editing relating to the memorial must be work of the team of two students submitting that memorial, except that if participating universities has registered a Researcher as a member of its delegation pursuant to Rule 4, the Researcher may assist in the research, writing and editing of the memorials of both teams in the delegation. 60. All people outside the team shall restrict their advice to general matters, such as to a discussion of the issues, suggestions as to research sources, and a general commentary on structure, organization and flow of arguments, format, presentation and style.

Judging and Scoring 61. Scoring shall consist of two parts: the scoring of memorials and the scoring of the oral presentations. 62. Each memorial scores shall be assessed by two judges. The maximum score for each memorial shall be 100. The score for each memorial shall be the average of the scores out of 100 awarded by the two judges assessing their memorial score. 63. The score of oral presentations shall be assessed by three (3) judges in each oral hearing of the preliminary, semi-final, and final rounds. In the event that one of the three (3) judges cannot be present, the oral presentations score may be assessed by two (2) judges. In preliminary round, the maximum score for each counsel shall be 200 and the maximum score for each teams’ oral presentations shall be 400. 64. The decisions of the judges are final.

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THE 2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION JAKARTA, 20TH – 22ND NOVEMBER 2015 65. Every teams in this competition is not allowed to conduct simulations, practice, or discussion, with any individuals who has confirmed their participation to serve as Judge in the Competition. Violation to this rule would lead into deduction of the overall score by the Administrator.

Reporting of Result 66. After the conclusion of the Competition, each team participating in the Competition shall receive the following: a. A copy of individual memorial judges’ score sheets and penalties, if any, with attendant comments, if any; b. A copy of individual oral judges’ score sheets and penalties, if any, with comments, if any, from preliminary rounds of the competition; c. A copy of the overall ranking of the preliminary rounds of the competition; d. A copy of the oralist rankings from the preliminary rounds of the competition; e. A copy of the memorial rankings from the preliminary rounds of the competition; f.

A summary of the advance rounds of the competition.

Winner and Award 67. The winning team shall be determined from the final round by judge verdict based on the oral hearing. Another participating team in the final round shall be the runner-up team. 68. The winning team and the runner-up team shall be awarded a trophy. 69. The winning team shall advance to the International Humanitarian Law Moot Court Competition in Hong Kong in 2016. 70. The other teams that participate in Semi-Final Round shall be the semifinalist. The semifinalist shall be awarded a plaque. 71. Three counsels with the highest average score out of 200 in the oral hearings of preliminary rounds shall be adjudged as the Best Oralist (1st, 2nd and 3rd) and shall be awarded a plaque respectively. 72. Three memorials with the highest average score out of 100 shall be adjudged the Best Memorial (1st, 2nd and 3rd) and the team that submitted such memorial shall be awarded a plaque. 73. The Team that shows the most effort and spirit to learn, that shows healthy competitiveness and also willingness and openness shall be awarded a “Spirit of the Moot”. 74. All participating team shall be awarded a certificate.

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THE 2015 INDONESIAN NATIONAL ROUND OF INTERNATIONAL HUMANITARIAN LAW MOOT COURT COMPETITION JAKARTA, 20TH – 22ND NOVEMBER 2015 Special Allowance 75. ICRC provides a special allowance of accommodation and transportation for the first two registered teams from outside of Jakarta which for the first time competing in this competition and advances to the preliminary rounds. 76. The allowance will be arranged by the Administrator and the teams will be notified by e-mail.

Briefing Session 77. The Administrator will convene a meeting in Jakarta, restricted to registered participants, on 20 November 2015 in Jakarta. In the meeting, the Administrator will provide a briefing for all teams.

Interpretation of Rules 78. The Administrator shall have absolute discretion to resolve any question concerning the interpretation of these rules.

*The Memorial’s Template Cover Sheet is in the next page;

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Team No._

Indonesian National Round

International Humanitarian Law Moot Court Competition

Memorial of the [Prosecutor / Defendant]

2015