Ateneo de Zamboanga University

INTERNATIONAL LAW SOCIETY OF ATENEO

The Official Debate and Moot Court Organization of ADZU College of Law

2nd Floor, JMR Building, Fr. Eusebio Salvador SJ Campus,

La Purisima Street, Zamboanga City. (062) 991-0871, loc. 3000/3001

2018 ST. THOMAS MORE MOOT COURT COMPETITION

ON INTERNATIONAL HUMANITARIAN LAW
15 December 2018

Organized by:
INTERNATIONAL LAW SOCIETY OF THE ATENEO and
ATENEO LAW, CLASS OF 2020

INTRODUCTION

The 2018 St. Thomas More Moot Court Competition on International Humanitarian Law
(hereinafter “Competition”) provides an avenue for law and undergraduate students to sharpen
their knowledge on IHL, some related conventions, principles, and jurisprudence. This
competition also aims to hone students’ skills in oral argumentation.

The elimination rounds, the grand finals, and the awarding ceremony will be held at the Fr.
Eusebio Salvador SJ Campus of the Ateneo de Zamboanga University.

MOOT COURT RULES

I. THE COMPETITION COMMITTEE

The Competition Committee (hereinafter “Committee”) is composed of junior and freshmen

students of the Ateneo de Zamboanga University College of Law. The Committee shall have the
following powers and functions, to wit:

1. Organize the competition;

2. Set the rules to govern the competition;
3. Amend, interpret, and apply such rules;
4. Appoint the judges;
5. Provide the moot problem (hereinafter “Compromis”);
6. Receive all the Memorials submitted by the participating teams;
7. Have the sole discretion in responding to any requests for clarification; and
8. Disqualify or penalize teams for violation of any of the rules.

II. CONTACT INFORMATION

For any inquiry, you may refer to the following:

The Secretariat : MS. SAMBRINA VEL D. NAZARIO

Email address : samanthavalerie08@gmail.com
Contact number : 0917-150-4249

The Tournament Director : MR. KELVIN A. JALUAG-CULAJARA

Email address : culajarakelvin@gmail.com
Contact number : 0915-242-2045

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 III. PARTICIPATION AND ELIGIBILITY

A. Eligibility

A person may be a member of the team if he or she is enrolled in the Ateneo de Zamboanga
University (college unit, or the College of Law) as of the Second Semester, Academic Year
2018-2019.

B. Team Composition

Each team shall compose of two (2) members. They may designate one (1) coach and one
student-alternate to assist them during the Competition. The team members must satisfy the
eligibility requirements in III. A.

C. Team Identification

Teams will be assigned with “numbers” to maintain the impartiality of the committee members
and the judges.

IV. THE COMPROMIS

A. Compromis

The Committee will release the Compromis on November 12, 2018. All correspondence and any
other materials will be sent through e-mail.

B. Clarifications

Teams may submit written requests for clarifications not later than November 26, 2018. A
request for clarification must be accompanied by a brief explanation of the material significance
of the same. Clarifications must not be requested to obtain facts other than those already
contained in the Compromis.

The Committee shall determine the necessity of responding to the request for clarification and
shall respond to it as it deems fit. Clarifications issued shall be considered part of the Compromis
and will be sent to all team representatives.

V. THE MEMORIALS

A. Submission of Memorials

Each team participating in the Competition is required to prepare and submit Prosecution and
Defense Memorials on the Compromis which MUST BE RECEIVED BY THE
SECRETARIAT ON OR BEFORE 12:00 NN OF DECEMBER 3, 2018. Memorials
submitted to and received by the Secretariat beyond the specified period will incur the
corresponding point deduction(s).

The Teams are required to submit twelve (12) hard copies each of their Prosecution and Defense
Memorials through personal delivery.

Teams must use Windows Microsoft Office Word system and likewise send via electronic mail a
copy of each Memorial to samanthavalerie08@gmail.com in Microsoft Word format (.docx) on
or before December 3, 2018. The file name must bear the team number and side (Format:
6Prosection.doc, 6Defense.doc).

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Delay in the submission of Memorials (hard copies and/or soft copy) shall incur a penalty
equivalent to ten (10) points for every day of delay, up to a maximum of thirty (30) points. For
deductions for late submissions, a fraction of a day shall be considered as one day.

B. Format of Memorials

All parts of the Memorial must be in Times New Roman, Size 12, with 1½ line spacing and
printed on standard A4 bond paper (8.27” x 11.69”). Quotations and footnotes shall have the
same format as the other parts of the Memorial but with single line spacing instead of 1½;
however, separate footnotes will have 1½ spacing in between each other. The Memorials must
have corresponding page numbers in the following format: Page 1 of X (X referring to the total
number of pages of the memorials including the cover page).

The Memorials must be stapled on the upper left side.

The Cover Page, Table of Contents, and Index of Authorities must be double-spaced.

The Pleadings, section of each Memorial, including the Statement of Facts, Summary of
Arguments, Conclusion/Prayer for Relief and citations, shall not exceed 4,000 words. Words in
excess of the maximum shall have a corresponding deduction in the team’s Memorial score, to
wit:

 1-50 words, deduction of 5 points

 51-100 words, deduction of 10 points
 101-200 words, deduction of 20 points
 Over 200 words, deduction of 30 points

C. Part of the Memorial

1. Cover Page

The cover page should only bear the following information:

 Italicized team number followed by italicized “Prosecution” for the Prosecution

Memorial (Format: 6Prosection) or “Defense” for the Defense Memorial (Format:
6Defense). This must be indicated on the upper right corner of the cover page.
 Title of the case
 Month of the Competition written in regular font. (Format: December 2018)

2. Table of Contents

The Table of Contents must list all the contents of the Memorial, including the headings and sub-
headings.

3. Index of Authorities

The Index of Authorities provides a list of the authorities cited in the Memorial, i.e., laws,
commentaries, cases, and other articles used as references.

The list must be segregated according to type of source (i.e. treaties, judicial decisions, etc.), and
alphabetically arranged within each category. It must specify the pages in the Memorial where
each authority is cited.

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 4. Statement of Facts

The Statement of Facts in narrative form contains the stipulations and inferences in the
Compromis. It must present the facts found in the Compromis in a form according to the team’s
position without aiding or distorting the facts or making unreasonable inferences therein.

5. Summary of the Pleadings

The Summary of the Pleadings provides a substantive summation of the arguments presented in
the Memorial. It should not be a reproduction of the headings and sub-headings found therein.
To be effective, it must present the arguments concisely and direct to the point, preferably in no
more than two sentences.

6. Pleadings (Body of the Memorial)

This is the core of the Memorial. The Pleadings contain the arguments, position or standpoint of
the team. It provides the law and jurisprudence on which the arguments are founded.

7. Conclusion/Prayer for Relief

The Conclusion/Prayer for Relief states the remedy the team is asking the Court to order. This is
not to be used for presenting new information or as the summation of the team’s case.

D. Research and Assistance

The team members shall solely be responsible for the research, writing, and editing of the
Memorials. However, one (1) student-researcher/alternate may assist a team in the preparation of
the Memorials.

The coach may provide advice to the team but it must be limited to:

 A general discussion of the issues;

 Consultation on oral argumentation techniques;
 Suggestion on research materials and sources; and
 Comments on argumentation structure.

VI. THE PAIRING PROCEDURES

The pairing of teams for the general rounds as Prosecution or Defense shall be determined
through a random draw by the Committee. The Committee has the power to adjust the pairing in
order to account for absentee teams or other contingencies.

No team shall compete against the same team twice in the general rounds.

The Memorials of the opposing teams will be distributed on December 14, 2018.

VII. THE ORAL HEARING PROCEDURES

A. The Rules applicable in all the rounds

1. Each team shall consist of a first counsel and a second counsel, as designated by the team
on the registration form submitted.

2. The order for the oral arguments is as follows:

o Prosecution 1
o Prosecution 2

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 o Defense 1
o Defense 2
o Rebuttal, if any (Prosecution 1 or 2)
o Surrebuttal, if any (Defense 1 or 2)

3. Each team is given a total of 40 minutes to speak, allocated as follows:

o 30 minutes to be distributed between the first and second counsel
o Maximum of 10 minutes for rebuttal (Prosecution) or surrebuttal (Defense)

4. Entry of appearance. After introductions, the first counsel shall indicate at the start how
long each counsel will speak and the time allotted for the rebuttal or surrebuttal. The time
of the first counsel shall begin from the entry of appearance.

5. Time limitations. The remaining time in the oral arguments, if any, may not be used to
extend the time allocated for rebuttal or surrebuttal. Neither can the time allocated for
rebuttal or surrebuttal be used to extend the time for oral arguments.

6. Rebuttal may be waived. If the Prosecution waives the rebuttal, the Defendant shall not
appear for surrebuttal.

7. A counsel may ask the Court for an extension before the end of his/her designated time.
The Court has the discretion whether to allow such request for extension.

8. There will be a timekeeper who will notify the counsels when they have:
o 5 minutes left
o 1 minute left
o 30 seconds left
o No time left

9. Any communication between the team members (counsels and researcher/alternate) at the
counsel table shall be in writing to prevent disruption. The team members must avoid any
noise or inappropriate behavior which may disturb the proceedings.

10. Team members are not allowed to communicate with the audience, their respective
coaches and any other person in the room during the oral rounds (Elimination Rounds up
to Final Round).

11. Participants and members of the audience are not allowed to use electronic devices such
as laptops, tablets, handheld computers, mobile phones, mp3 players, cameras, recorders
and other similar gadgets during the rounds.

B. Rebuttal and Surrebuttal

The Prosecution’s Rebuttal shall be limited to the points raised in the Defendant’s Oral
Presentations. The Defendant’s Surrebuttal shall be limited to the points raised in the
Prosecution’s Rebuttal. Any infraction of the foregoing shall incur deductions of up to ten (10)
points from the total team score in the particular round in question.

C. The General Rounds

All participating teams that have submitted their Memorials shall participate in the General
Rounds. Each team shall argue twice in the General rounds, once as Prosecution and once as
Defense.

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 D. The Final Round

The top two (2) teams in the general round, based on their aggregate scores in the oral rounds
and their Memorials, shall advance to the final round, which will be held in the afternoon of the
Competition.

The sides will be determined by a coin toss. The winner of the toss shall be given the opportunity
to choose their side.

VIII. COMPETITION SCORING

The scoring shall consist of two parts:

 The scoring of the Memorials;

 The scoring of the Oral Rounds.

A. Scoring of Memorials

Each Memorial shall be assessed by at least two judges.

Each judge shall score a Memorial on a scale of fifty (50) to one hundred (100) points. The
average of the scores given by the judges will be the final score of a Memorial.

B. Scoring of the Oral Rounds

The oral presentation in the general and final rounds shall be evaluated by at least one (1) judge.
In each of the rounds, the maximum score for each counsel shall be 100, and the maximum score
for each team shall be 200.

C. Tie-Breaking Procedure

In case of a tie for a particular slot in the final round, the team that has the highest average score
for its oral presentations in the general rounds shall proceed to the next round.

In the event that the tie is still not decided, the team whose first counsel has the highest average
score for his or her oral presentations in the general round shall qualify for the final round.

D. Finality of Judging

The scores given by the judges, as computed and verified by the official tabulators, shall be final.

E. Tabulators

The Committee shall designate the official tabulators for the Competition.

IX. PENALTIES

A. Memorial Penalties

The Memorial penalty shall be deducted from the teams’ Memorials’ final score.

The Committee shall notify the teams of the imposed penalties prior to the general rounds. The
deadline for filing an appeal is on or before 5:00 PM of December 14, 2018.

No further appeal is allowed after a final decision is made by the Committee.

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SUMMARY PENALTY
Late submission of memorial 10 points for every day of delay
(maximum of 30 points)
Use of incorrect size/format 1 point per violation, up to a maximum of 10
points
Excessive length of pleadings  1-50 words in excess, deduction of 5
points
 51-100 words in excess, deduction of
10 points
 101-200 words in excess, deduction of
20 points
 Over 200 words in excess, deduction of
30 points
Failure to include the necessary information in 2 points (one-time penalty)
the Cover Sheet
Other violations of memorial format 2 points (one-time penalty)
requirement

B. Oral Round Penalties

SUMMARY PENALTY
Disruptive noise, inappropriate behavior, Maximum of 10 points
prohibited communication and any other
similar conduct and behavior
Use of prohibited electronic devices during the Maximum of 10 points
rounds
Exceeding the allowed scope of the Rebuttal or Maximum of 10 points
Surrebuttal

C. Other Penalties

SUMMARY PENALTY
Absences and tardiness 5 points for every infraction

D. Complaint Procedure

A complaining team must submit a written notification to the Committee within fifteen (15)
minutes from the conclusion of the oral round, if they will allege that any violations have been
committed. The notice must specify clearly the violation and the parties involved. Failure to
follow this procedure shall result in the nullification of the team’s complaint.

Reports of alleged violations may also be received by the Committee from assigned bailiffs and
members of the organizing committee.

The Committee’s decision on the complaint shall be final.

E. Judges prohibited from deducting penalties

Only the Committee shall deduct penalties from the scores of the oralists. The judges shall score
the final round as if no violation was committed by the oralists.

F. Notice of Penalties

The Committee shall notify the teams of the Memorial penalty they incurred prior to the General
Rounds. The Committee shall likewise notify the teams of any Oral Round Penalties they have
incurred

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 G. Other Penalties

Attendance in all activities is mandatory. Absence or tardiness by any of the teams’ two (2)
counsels in any of the activities lined up for the duration of the Competition will result in a five
(5) point deduction for every infraction per counsel, to be deducted from the team’s overall
score.

Teams which abandon the competition without valid cause shall be disqualified from joining
subsequent competitions, and shall be required to reimburse accommodation and travel expenses.
For this purpose, abandonment is defined as leaving the competition premises with no intention
to return or finish the competition.

X. AWARDS

The winning team in the Final Round shall be awarded the St. Thomas More Moot Court Trophy
and will represent Ateneo de Zamboanga University in the 2018 Inter-School Zamboanga Moot
Court Competition on International Humanitarian Law.

The top three (3) highest scoring counsels in the oral hearings of the general rounds will be
awarded certificates as 1st, 2nd, and 3rd Best Mooters, respectively.

The Prosecution Memorial and Defense Memorial with the highest scores shall be adjudged as
the Best Memorials for the Competition.

XI. INTERPRETATION OF RULES

The Committee shall have absolute discretion to resolve any issues concerning the interpretation
of rules.

XII. TIMELINE

Date Events
November 12, 2018 (Monday) Release of moot court problem
Seminar with students regarding moot
court mechanics and IHL
November 22, 2018 (Thursday) Deadline of first draft of memorials
November 26, 2018 (Monday) Release of comments of the first draft
November 30, 2018 (Friday) Deadline of second draft of memorials
December 2, 2018 (Sunday) Release of comments of the second draft
December 3, 2018 (Monday) Submission of final draft of memorials
Submission of copies of drafts to judges
December 13, 2018 (Thursday) Orientation of bailiffs
December 15, 2018 (Saturday) Competition day