국제 모의재판: 러시아의 침략 사건

This class requires, as a prerequisite, that students have either previously taken Mock Trial: International Law Project where they are introduced to the basics of trial proceedings and international law, or  Model UN: finding peace and security at the UN Security Council, both classes found here on a Outschool, or one of my courses on the Ukraine/Russia situation: Can a War Be Waged Legally - Ukraine edition, or International Criminal Court - Ukraine edition, or have been specifically invited to attend.

This more advanced level course will focus on a fact pattern which is designed to address several issues which have not been settled yet, by the International Criminal Court.  This case constitutes several “firsts” for this Court.  It is the first case to address the Crime of Aggression under the Court’s Statute.  It is the first case to address whether a lawyer can be tried for legal advice that facilitates a crime within the Court’s Statute.  And it is one of the first cases to address the admissibility of evidence in ICC proceedings where it was obtained in an unlawful search. 

Students will be put into teams of Prosecution, Defense, Legal Representatives for the State and Judges. 

The first week of class learners will be introduced to the fact pattern that they will be dealing with and will be tasked with pulling out the issues which they must research and prepare arguments for.  Teams will be set and beginning outlines of briefs will be developed. 

In the second week the learners will continue to be introduced to the particular laws and legal procedures which govern the ICC and the particular moot court case that is the focus of the class.  They will work in teams to develop their legal briefs and arguments and by the end of class the moot court will be called to order and opening statements will be given. 

By the third week, teams will have finalized and handed in their legal briefs and this class will be completely focused on the moot court experience, with teams providing their legal cases and rebuttals and the judges asking the necessary questions and presiding over the proceedings.

The fourth and final week of the course will begin with any final questions from the judges, closing arguments of the teams and a final judgement from the judges will be produced.  The second part of this last class will be set aside for review, feedback and final thoughts on the court, the proceedings, the issues and the procedure.  

Learners in this class will be required to submit, in teams, one written piece of work.  Each legal representative team will be required to produce a legal brief to be submitted and the judges panel will produce a judgement.