Functions of the MICJ
The primary purpose of the MICJ is to resolve territorial and other disputes between members of the United Nations in accordance with international law and legal precedence. Member-states of the UN that submit disputes to the MICJ agree that the decisions of the court are legally-binding upon both parties to the disputes. The MICJ may also issue advisory opinions on legal issues when asked to do so by committees of the UN General Assembly, the UN Security Council, or agencies affiliated with the UN (member-states of the UN may not request advisory opinions of the MICJ).
Composition of the MICJ
The MICJ is composed of 15 judges represented by high school students participating in the AMUN Conference. Each participating high school is limited to a maximum of two judges (more than two judges may be assigned to a high school if there are available slots after all participating schools have had an opportunity to choose judges). In their positions on the MICJ, the judges do not officially represent their respective governments. However, in the event that a case involves the government of one of the judges, that judge is prohibited from participating in case deliberations and opinion writing (although they are allowed to participate in oral arguments, rebuttals, and questions). Students representing judges on the MICJ should prepare for their roles by researching the International Court of Justice (ICJ), international law and legal precedence, and territorial disputes. Students should not come to any conclusions regarding a particular case until after reading the written pleadings and hearing the oral arguments regarding the case during the sessions of the MICJ.
Staff of the MICJ
(1) Coordinator – individual who is responsible for administering the court and assisting the Presiding Officer of the MICJ.
(2) Assistant Coordinator – individual who is responsible for assisting the MICJ Coordinator.
(3) Special Representative of the AMUN Secretary-General – individual who is responsible for representing the AMUN Secretary-General in the proceedings of the MICJ.
(4) Applicants – individuals who represent the parties that initiated the submission of the disputes to the MICJ.
(5) Respondents – individuals who represent the parties that agreed to the submission of the disputes to the MICJ (but did not initiate the submission of the disputes to the MICJ).
Jurisdiction of the MICJ
The MICJ has jurisdiction over disputes between member-states under one or more of the following conditions:
(1) when both of the parties to a dispute have agreed to submit the dispute to the MICJ.
(2) when one of the parties to a dispute has submitted the dispute to the MICJ in cases whereby the dispute involves the interpretation or application of a treaty ratified by two or more parties (and the treaty specifically contains a provision allowing one of the parties to submit a dispute to the MICJ in the event of disagreement over its interpretation or application).
(3) when the dispute involves two or more member-states that have agreed in advance to accept the compulsory jurisdiction of the MICJ.
Procedures of the MICJ
(1) Election of the President and Vice-Presidents of the MICJ – the 15 judges elect by secret ballot a Presiding Officer (or President) of the MICJ and three different Vice-Presidents of the MICJ. The individual elected President of the MICJ will also serve as Rapporteur for the MICJ during the Closing Session of the conference on Saturday afternoon. The following nomination/election procedures shall be followed:
- The MICJ Coordinator shall recognize the judges for between four and eight nominations (a minimum of four nominations) for MICJ Presiding Officer. Only one nominee per high school may be allowed (so the MICJ Coordinator must record both the nominee’s country and high school). After the nominations have been completed, the Coordinator shall announce the nominees (countries) for MICJ Presiding Officer.
- The MICJ Coordinator shall distribute ballots to the 15 MICJ judges and ask them to vote for four of the nominees for MICJ Presiding Officer in order of preference (#1 – 1st preference, #2 – 2nd preference, #3 – 3rd preference, and #4 – 4th preference). Votes cast for any country that was not among the nominees shall be discarded (although any votes for eligible nominees on the ballot shall be counted).
- The MICJ Coordinator and Assistant Coordinator shall collect the ballots and count the votes. Nominees will receive four votes for every 1st preference vote, three votes for every 2nd preference vote, two votes for every 3rd preference vote, and one vote for every 4th preference vote. The top vote-getter shall be elected Presiding Officer of the MICJ and the next three top vote-getters shall be elected as Vice-Presidents of the MICJ (one for each of the three cases).
- In the event of a tie for the top vote-getter, there shall be a runoff election among the top two or more vote-getters (depending on how many candidates tied for the top vote-getter). In the runoff election, each of the 15 judges may cast a single vote for MICJ Presiding Officer among the two or more top vote-getters. Ballots containing votes for candidates other than the two or more top vote-getters shall be discarded. The same runoff process shall be following in the event of a tie for the third vice-president position.
- The candidates elected as MICJ Presiding Officer and Vice-Presidents shall be announced by the MICJ Coordinator.
(2) Submission of Written Pleadings – all of the parties to each of the disputes are required to submit a typed-written document summarizing their respective governments’ positions (including the facts and the legal arguments concerning the case) prior to the convening of the first session of the MICJ.
(3) Oral Arguments – each of the parties to the dispute (applicant and respondent) are given 15 minutes each to orally present a summary of their governments’ position regarding the case.
(4) Rebuttals – following the oral arguments, the parties to the dispute are given a total of 15 minutes (approximately 7 1/2 minutes each) to present their rebuttals to the opposing party’s oral arguments.
(5) Questions – following the oral arguments and rebuttals, the 15 judges of the MICJ have a total of 30 minutes to ask questions of one or both of the parties to the dispute. The MICJ Presiding Officer (or a Vice-President) shall recognize judges to ask questions.
(6) Case Deliberation – following the oral arguments, rebuttals, and questions, the 15 MICJ judges meet in the chambers in private for a total of 60 minutes to discuss the case. All observers, applicants, and respondents are required to leave the chambers. Only the Coordinator and Assistant Coordinator are permitted to remain in the chambers in order to assist the judges in their deliberations. During this period, the judges may choose to take a vote regarding the pending case. A “majority opinion” requires the approval of a majority of the judges participating in the deliberations (e.g. 8 out of 15 judges).
(7) Writing of the Opinion – following the deliberations, the 15 MICJ judges meet in the chambers in private for an additional 60 minutes to write the “majority opinion” regarding the pending case. All of the judges that agree with the “majority opinion” must sign the document on the last page. All of the judges that do not agree with the “majority opinion” may choose to write one or more “dissenting opinions” explaining their reasons for opposing the “majority opinion.” Only the MICJ Coordinator and Assistant Coordinator (if he or she is not also serving as an applicant or respondent in the case) are permitted to remain in the chambers in order to assist the judges in their writing of the “majority opinion” and “dissenting opinions.”
(8) Reading of the Opinion – following the writing of the opinion, one of the Vice-President of the MICJ publicly reads the “majority opinion” (regardless of whether or not s/he signed the opinion) regarding the pending case. Observers, applicants, and respondents are allowed in the chambers for the reading of the opinions.
Schedule
Friday, November 22, 2024
2:00 pm – 2:45 pm – Convening of the MICJ. Election of the Presiding Officer and Vice-Presidents of the MICJ (see procedure #1 above).
Case #1 – TBA
2:45 pm – 3:15 pm – Oral Arguments
3:15 pm – 3:30 pm – Rebuttals
3:30 pm – 3:45 pm – Break
3:45 pm – 4:15 pm – Questions
4:15 pm – 5:00 pm – Case Deliberation and Opinion Writing
5:00 pm – 6:30 pm – Dinner Break
6:30 pm – 7:45 pm – Case Deliberation and Opinion Writing (continued)
7:45 pm – 8:00 pm – Reading of the Opinion (Case #1)
Case #2 – TBA
8:00 pm – 8:30 pm – Oral Arguments
8:30 pm – 8:45 pm – Rebuttals
8:45 pm – 9:00 pm – Break
9:00 pm – 9:30 pm – Questions
9:30 pm – Recess
Saturday, November 23, 2024
8:30 am – 10:30 am – Case Deliberations and Opinion Writing
10:30 am – 10:45 am – Reading of the Opinion (Case #2)
Case #3 – TBA
10:45 am – 11:15 am – Oral Arguments
11:15 am – 11:30 am – Rebuttals
11:30 am – 1:00 pm – Lunch Break
1:00 pm – 1:30 pm – Questions
1:30 pm – 3:30 pm – Case Deliberation and Opinion Writing
3:30 pm – 3:45 pm – Reading of the Opinion (Case #3)
3:45 pm – Adjournment. All MICJ judges and staff should proceed to the Closing Session in Ida Waldran Auditorium starting at 4:15 pm.