Reference no: EM133035648

Mock trial

Prepare a defence of the chosen individuals (defence).

Case materials:

For this investigation, the defendant student need to begin by finding facts and background information about the situation subject to investigation. This is the initial preparation in order to be able to investigate whether crimes have been committed or not, and subsequently if there are ground to believe that the persons in question are liable for the acts.

You therefore need to analyse the material you find, then take into account applicable law, and assess the value of the material in terms of any evidence of facts. Hence factual findings (discovery based on fact) will be the main way to substantiate your case, i.e., established what happened and how it happened. How well this is done together with your legal arguments will establish the soundness of your case.

You have to identify the legal sources (ICJ statute art. 38) relevant and applicable to the situation. However, in this mock trial you are also supposed to apply the legal doctrine applicable (for instance, the legal practice of international criminal law since the end of Second World War) that has significance for your argumentation. Furthermore, you can and should make use of previous legal decisions (cases) from various ad hoc tribunals and other courts when building your case.

Apart from legislation, case law and doctrine that serves as the profound elements for your investigation, you may also apply different kinds of soft law, such as resolutions from UN General Assembly or Security Council, that may have been adopted in connection to the conflict in question. You are also encouraged to use and refer to decisions, recommendations and reports from different UN bodies and committees that might be relevant to your case, i.e., be part of your factual findings (evidence). The aim is that you shall be able to apply the contents we have dealt with and discussed in the previous modules and seminars of this course, in order to support your argumentation as either prosecution or defence in a criminal trial. Finally, you are supposed to use the course literature from the all the modules.

In criminal law, the reliability and value of evidence may differ depending on what court system is trying the case.

With regards to specific crimes, bear in mind when analysing the facts of the situation, to carefully consider the definition of the crimes and what criteria/elements/acts the crime really consists of. An act that becomes criminal relies on both an objective element (actus rea) - the act, as well as a subjective element - criminal liability (mens rea).

The defence shall present its legal argumentation for dismissal of prosecution bearing in mind these elements of the crimes. Hence in this mock trial, the assignment for the defenceis to analyse the indictments and argue for the lack of evidence or legal excuse for individual criminal responsibility for the acts.

Attachment:- Mock trial.rar