Specialized Agencies International Criminal Court ICC Case File: The trial of Ratko Mladić Case Number: 0021 443 271 Dear Delegates, Welcome to the 29th North American Model United Nations in Toronto, Canada! Over the course of four days, you will get to take part in an unparalleled Model UN conference during which you will leave behind who you once were for an entirely new, sometimes challenging, but always exciting, persona. This weekend is sure to be one of new experiences, of new understanding, but most importantly, of fun! My name is Eitan Morris and I will be your chair for the International Criminal Court (ICC). Born and raised in South Orange, New Jersey, I lived in Israel for a year before making the trek north to Toronto where I am currently in my second year at the University of Toronto, majoring in history and international relations and minoring in Arabic. When the weather isn’t cold and snowy, I like to boulder and rock climb, and when it is, I like to escape by travelling. I started my MUN career in high school at JCYMUN in Montreal, and I am so excited to continue it at NAMUN this year. I am lucky to be joined by my Vice Director, Angela Zhu, and moderator, Nidaa Rasheed. On top of being a MUN veteran who has participated in a number of different conferences, this is Angela’s third year with NAMUN. She is currently finishing her degree in International Relations, Peace, Conflict, and Justice, and German. She loves musical theatre and, if you’re lucky, you might just get to see her in some crazy costumes. Nidaa is in her first year at U of T studying life sciences with an interest in neuroscience and psychology. Another MUN veteran, she has participated in conferences all across the world, including Dubai and Paris. In this committee, we will be creating a mock trial scenario following the procedures of the International Criminal Court. It will be left to you to grapple with the testimonies and evidence and ultimately decide the innocence or guilt of Ratko Mladić who stands accused of war crimes, crimes against humanity, and genocide during the Balkan Wars. I encourage you to engage with the material both critically and creatively. The best delegate will be one who not only creates a cohesive and persuasive legal argument but one who also understands the greater implications of the court’s role and decisions. It is important to note that while this background guide will provide you with basic information and a starting point for your research, it is by no means comprehensive – individual research on this vastly complex topic is expected. I am excited to welcome you to the ICC at NAMUN 2014! If you have any questions or concerns, don’t hesitate to contact me at [email protected]. I look forward to seeing you all very soon! Cheers, Eitan Morris Nidaa Rasheed Chair, International Criminal Court Moderator, International Criminal Court Angela Zhu Vice Director, Specialized Agencies 1 STRUCTURE OF THE COMMITTEE This committee will operate in a Mock Trial Format. The following, divided by committee session, will explain how the committee will run. The precise timing is tentative and is subject to change at the discretion of the dais. COMMITTEE SESSION I: Preparation Session The prosecuting and defence teams and judges will have the opportunity to meet with their fellow lawyers and to prepare their witnesses for the trial. This session will essentially run in an unmoderated caucus format. COMMITTEE SESSION II: Opening of the Case 1) Administrative Duties 2) Opening Speeches by the Prosecution 3) Opening Speeches by the Defence The judges will read out the case brought forth before them, oaths will be administered and other basic administrative jobs will be sorted out before speeches are delivered. The Prosecution and Defence teams will have the opportunity to present their opening speeches. Each side will have up to a maximum of 30 minutes to speak; recommended time for each lawyer on each side is approximately 7 minutes. However, it is ultimately up to each team to decide which team member will speak for whichever amount of time. COMMITTEE SESSION III/IV: Presentation of the Case: Prosecution Direct Examination - Witness 1: Each member of the prosecution team will have the opportunity to directly examine their witness whom they would like to bring forth. (30 minutes maximum) Cross Examination - Witness 1: Each member of the defense counsel will have the opportunity to cross-examine the witness brought forth by the prosecuting team. (30 minutes maximum) Direct Examination - Witness 2: Process repeats. (30 minutes maximum each examination) Cross Examination - Witness 2 2 Direct Examination - Witness 3 Cross Examination - Witness 3 Direct Examination - Witness 4 Cross Examination - Witness 4 Judges’ Questioning Period: The judges will have an opportunity to ask questions to members of the prosecution or defence team about what was said. These are essentially points of clarification. Absolutely no leading questions must be used by the judges in any circumstance. (15 minutes maximum) Depending on time, this may go into the next committee session. The prosecution does not necessarily need to call on all their witnesses, but it is highly, highly recommended. COMMITTEE SESSION IV/V/VI: Presentation of the Case: Defence Counsel Direct Examination - Witness 1: Each member of the Defence Counsel will have the opportunity to directly examine their witness which they would like to bring forth. (30 minutes maximum*) Cross Examination - Witness 1: Each member of the prosecution team will have the opportunity to cross examine the defense’s witness. (30 minutes maximum*) Direct Examination - Witness 2: Process repeats (30 minutes maximum each examination*) Cross Examination - Witness 2 Direct Examination - Witness 3 Cross Examination - Witness 3 Judges’ Questioning Period: The judges will have an opportunity to ask questions to members of the prosecution or defense team about what was said. These are essentially points of clarification. Absolutely no leading questions must be used by the judges in any circumstances. (15 minutes maximum) * Please note that the direct/cross examination of Ratko Mladić will be allowed 1 hour per side to direct or cross examine him. There may be a spillover of time to Committee Session VI, up to a maximum of 45 minutes. 3 COMMITTEE SESSION VI: Closing Statements 1) Closing Statements by Defence 2) Closing Statements by Prosecution 3) Break for Deliberation The Prosecution and Defence teams will have the opportunity to present their closing speeches. Each side will have up to a maximum of 45 minutes to speak; recommended time for each lawyer on each side is approximately 10 minutes. However, it is ultimately up to each team to decide which team member will speak for whichever amount of time. There will then be a break for deliberation during which the judges will convene and have time to formulate and write their decision. COMMITTEE SESSION VII: Announcement of Decision by Judges The judges will have the opportunity to announce their decision. This will take a maximum of 1 hour, with the following hour being spent in an informal setting with all members of the court able to ask questions to the judges. COMMITTEE SESSION VIII: Special Committee to the United Nations Security Council All members of the court, having accepted the judges’ findings, will visit the United Nations Security Council and present their decision. The judges will explain why the UNSC should accept their findings. The UNSC will debate on the findings put forth by the ICC in a question and answer period and in a moderated caucus within the ICC. 4 LIST OF OBJECTIONS These objections will be directed towards the Judges, not the dais. It is up to the Judges to rule in favour of the delegates’ objection, or against it. Any member of the prosecution or defense counsel may object at any point during the debate, and will be referred to as “delegates” below. Objections can be against a question to a witness, a testimony, or the acceptance of evidence material. Delegates should indicate which objection they have at the point of contention. Standard Model United Nations motions, such as for recess, time extension, etc. will be directed to the dais and will be granted at the dais’ discretion. Ambiguous (or vague, confusing, misleading) All questions must be precise enough to allow the witness to properly answer. Argumentative Delegates may not give statements during examination or cross-examination. Instead, they must ask questions. Asked and answered Delegates may not ask a question again to which they already received an answer by the same witness. Assumes facts not in evidence Delegates may not assume circumstances as true if no evidence was provided for that purpose. Badgering Delegates may not try to intimidate witnesses by improper behavior, including asking multiple questions without giving the witness time to answer. Calls for a conclusion Delegates may ask only for the witness’s observations, not for any conclusion. They may however ask, for example, how they felt, whether they were afraid etc. Calls for speculation Delegates may not ask witnesses to speculate on certain points. Compound question Delegates should ask one question at a time and refrain from combining multiple questions. 5 Hearsay Delegates may ask only for the witness’s observations, not for any information they received from another source. Incompetent Delegates may not ask witnesses a question, which they in their capacity are not able to answer. Narrative Delegates should ask questions on specific facts and not ask witnesses to tell a story. Privilege Delegates may not ask witnesses a question if the witness is protected by law from answering the question.