India v. Pakistan
What's espionage?
The practice of spying or of using spies, typically by governments to obtain political and military information
What's annexation?
The act or an instance of annexing, or adding to something larger, especially the incorporation of new territory into the domain of a city, country, or state
Explain the Vienna Convention on Consular Relations
It is an international treaty that defines a framework for consular relations between independent states
What are the characteristics of a high-quality judge?
1. Strong & expressive communication style
2. Responds fast, thinks faster
3. Unbiased
4. Diplomatic Behavior
...
Briefly explain the case
In March 2016, Jadhav was arrested in Pakistan on charges of espionage and terrorism for the Indian government. He was sentenced to death but India claimed the presence of alleged violations of international law in his treatment. The case was given to the ICJ for investigation.
What's the Russian position on the alleged trespass of international law?
Such military intervention was essential to the Russian homeland security as well as the safety of the ethnically Russian majority inside Eastern Ukraine. Furthermore, Russian authorities denied any affiliation with such armed pro-Russian groups nor any affiliation to the ongoing terrorist attacks inside Ukraine.
How did the HRW classify the Crimean situation in 2014?
"A humanitarian crisis"
When are judges supposed to take notes?
Judges are supposed to take instant notes to document their thoughts and justifications during
Opening statements given by the applicants and defendant parties.
Stipulations presentation.
Evidence pieces' presentation.
Witness examination and cross-examination.
Closing statements.
Briefly explain both states' positions
Pakistan’s accusation: Abuse of judicial process. In fact, Pakistan views the alleged actions of Kulbhushan as acts of trespass of interaction law consequently arresting him.
What's the Donetsk People's Republic & Luhansk People’s Republic and how are they relevant to the case?
The Donetsk People's Republic is a proto-state in the Donetsk Oblast of Ukraine recognized only by the partially recognized South Ossetia and Luhansk People's Republic. Ukraine is at war with the DPR and LPR which are both designated by Ukraine as terrorist organizations.
Explain THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (CERD)
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races
While debating, you should always keep in mind:
Make an effort to exchange ideas and respect the ideas of others
Work on reaching common ground
When socializing informally after a formal session, remain respectful of others, and most importantly, their personal space.
Speak to others in a measured, moderate, and appropriate tone.
It’s not what you’re saying, it’s how you’re saying it.
Outline the timeline of the case
March 2016: Jadhav is arrested
April 2017: Jadhav sentenced to death
May 2017: India approaches the ICJ
May 2017: The ICJ orders Pakistan to delay his execution until court hearings
How did Russia allegedly trespass the International Convention on the Elimination of All Forms of Racial Discrimination?
Suppressing the communication and education with non-Russian references
Enforced disappearances and assassinations of Ukrainian advocates
Imposing limitations on the Muslim Crimean Tatars
Holding an illegal referendum within the atmosphere of violence against non-Russian ethnic groups
Suppressing Ukrainian Media
Explain INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE FINANCING OF TERRORISM (ICSFT)
The International Convention for the Suppression of the Financing of Terrorism was adopted without a vote by the United Nations General Assembly in New York on 9 December 1999. This instrument aims to facilitate the prosecution of persons accused of involvement in the financing of terrorist activities, by obliging States parties to prosecute them or extradite them to another State that has established its jurisdiction to try them.
In order for the judges to take a precise final decision with the other judges for the verdict, they must perceive each argument in the following way when comparing different arguments together:
Which argument is more logical
Which argument makes more sense
Which argument is supported better
Which argument has been supported by credible and valid evidence
List all India's accusations (3)
Under article 36 (a): “Failing to inform India, without delay, of Mr. Jadhav detention.”
Under article 36 paragraph 1 (b): “Failing to inform Mr. Jadhav of his own rights.”
Under article 36 paragraph 1 (c): Failing to allow consular access; “to converse and correspond with him and to arrange for his legal representation.”
How did Russia allegedly trespass the International Convention for the Suppression of the Financing of Terrorism? (4-5)
The financing of missiles used in the downing of passenger flights
The financing of military equipment used in the shelling of civilians
The sponsorship of the separatists which caused the bombing of civilians
The funding of illegal armed groups inside Ukraine including the Donetsk People's Republic (DPR) and the Luhansk People's Republic (LPR)
Failure to seize all military equipment coming into Ukraine
Explain THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) and how is it relevant to both topics?
The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages.
It's relevant because both topics are dealing - in the core level - with human rights situations, whether it's with the alleged mistreatment of Jadhav or the alleged killings and kidnapping in Ukraine
Fully outline the judges' flow of debate (about 12 points)
1. Judges first formal deliberation on stipulations (one stipulation at a time and voting procedures)
2. Judges ask points of information to both applicant and defendant party during the presentation of evidence
3. Judges are asked by SOs if they have any questions on the evidence before advocates withdraw
4. Evidence pieces will be distributed on judges and they will have 20 minutes to read and evaluate evidence pieces number one and two
5. Judges will have 10 mins to read and evaluate all evidence pieces (The registrar will demonstrate it via the projector )
6. Each judge will talk about a point in evidence piece number one and then receive points of information from other judges and then voting on this point. (same for ev. 2)
7. Final evidence pack is prepared
8. Judges examination on applicant witness while advocates are outside
9. Witness withdraw and then judges deliberation on applicant witness/ Speaking for and against applicant witness
10. Same steps for the defendant witness
11. Judges will be called to a conference table for lobbying and merging on the final verdict
12. Final voting procedures on the verdict