Queries & Clarifications 2011
Q1. ’Temporal Jurisdiction’ as given of the tribunal is from 1985 to 2000, and the tribunal has adopted the ICC statute but the ICC statute itself came in 2002 whereas the tribunal came into being as per the facts in 2001. here the facts seem to be in conflict with the actuality of situations.
A1. For the purpose of the problem, the ICC Statute will stand as being deemed to have been applied to the fact situation.
Q2. Are Commander A and Commander Ignatius in the Problem the same person?
A2. Commander A and Commander Ignatius are the same person.
Q3. Do we need to have knowledge of Indian Law as in the problem is stated ” the laws of Industan, Akpaf and India are in pari materia”
A3. Knowledge of Indian law is not essential, though participants would normally be encouraged to see if any national laws could be used in their favour as ancillary arguments. However, knowledge of Indian law is not a prerequisite.
Q4. Does the ICC statute apply or is there an ICTA statute?
A4. No clarification necessary for this question.
Q5. It says in the rules that teams may prepare grounds outside those stated in the problem. Does this mean that we can use grounds which do not concern judicial impeachment?
A5. Yes, you are expected to determine if there are alternate grounds that can be raised before the Tribunal and you are not limited to grounds of judicial impeachment alone. However, you are advised to keep in mind that the time for addressing oral arguments is fixed.
Q6: May we use ‘single spacing’ for typing the memorial?
A6: Memorials are to be printed in TIMES NEW ROMAN font, font size 12, double spaced, 1” margins on all sides.
Q7. Is the annexure to the memorials exclusive of the 25 pages?
A7: The 25 page limit is exclusive of any judgments or materials you may wish to rely upon.
Q8: Should we confine our oral arguments to the written submission?
A8: The contentions\issues raised by the participants in their oral arguments shall be confined to the written submissions submitted by them. However, you may be asked questions during the oral rounds which do not relate directly to your memorial but test your general knowledge of the area of law.
Q9. Paragraph 21: The word ‘Afpakian’, has it been spelled wrong?
A9. There is a typographical error, and the word may be read as Akpafian.
A1. For the purpose of the problem, the ICC Statute will stand as being deemed to have been applied to the fact situation.
Q2. Are Commander A and Commander Ignatius in the Problem the same person?
A2. Commander A and Commander Ignatius are the same person.
Q3. Do we need to have knowledge of Indian Law as in the problem is stated ” the laws of Industan, Akpaf and India are in pari materia”
A3. Knowledge of Indian law is not essential, though participants would normally be encouraged to see if any national laws could be used in their favour as ancillary arguments. However, knowledge of Indian law is not a prerequisite.
Q4. Does the ICC statute apply or is there an ICTA statute?
A4. No clarification necessary for this question.
Q5. It says in the rules that teams may prepare grounds outside those stated in the problem. Does this mean that we can use grounds which do not concern judicial impeachment?
A5. Yes, you are expected to determine if there are alternate grounds that can be raised before the Tribunal and you are not limited to grounds of judicial impeachment alone. However, you are advised to keep in mind that the time for addressing oral arguments is fixed.
Q6: May we use ‘single spacing’ for typing the memorial?
A6: Memorials are to be printed in TIMES NEW ROMAN font, font size 12, double spaced, 1” margins on all sides.
Q7. Is the annexure to the memorials exclusive of the 25 pages?
A7: The 25 page limit is exclusive of any judgments or materials you may wish to rely upon.
Q8: Should we confine our oral arguments to the written submission?
A8: The contentions\issues raised by the participants in their oral arguments shall be confined to the written submissions submitted by them. However, you may be asked questions during the oral rounds which do not relate directly to your memorial but test your general knowledge of the area of law.
Q9. Paragraph 21: The word ‘Afpakian’, has it been spelled wrong?
A9. There is a typographical error, and the word may be read as Akpafian.