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40ec Ad7B 45Bf9De73D56/0/Elementsofcrimeseng PDF

The document provides feedback on a draft pleading submitted by Team 16. It commends the team for submitting a decent draft but notes some minor formatting issues and more significant issues with the content and structure. It provides recommendations in 5 areas: 1) Include common elements and jurisdiction in the preliminaries. 2) Discuss the elements of the alleged crimes and use them as the framework for arguments. 3) Identify the applicable mode of liability for each charge. 4) Conduct more research, particularly of case law and international legal principles. 5) Strengthen the structure by incorporating additional researched information and relating it to the elements and facts of the case.

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49 views1 page

40ec Ad7B 45Bf9De73D56/0/Elementsofcrimeseng PDF

The document provides feedback on a draft pleading submitted by Team 16. It commends the team for submitting a decent draft but notes some minor formatting issues and more significant issues with the content and structure. It provides recommendations in 5 areas: 1) Include common elements and jurisdiction in the preliminaries. 2) Discuss the elements of the alleged crimes and use them as the framework for arguments. 3) Identify the applicable mode of liability for each charge. 4) Conduct more research, particularly of case law and international legal principles. 5) Strengthen the structure by incorporating additional researched information and relating it to the elements and facts of the case.

Uploaded by

suzette
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Good Day Team 16!

First of all we would like to commend you in coming up with a decent draft. There are some minor
violations as to the required format but the same can certainly be revised. More importantly, we would
like to point out some major points with regards to the pleadings per se. To wit:

1. Prelims
- Identify the common element(s) of the charges/crimes (e.g. Type of armed conflict),
jurisdiction and other matters that will eventually help you build up your arguments. You can
also discuss the circumstances involved in the case.
2. War of the elements
- Crimes, more particularly war crimes; can be broken down into elements, that one must
prove, as the prosecution that all elements therein are satisfied. On the other hand, if you
stand for the defendant, disproving one element will already suffice. It is encouraged that
you discuss the elements of the crime, such discussion is the battlefield. Please visit this site
for the complete list of elements https://www.icc-cpi.int/NR/rdonlyres/336923D8-A6AD-
40EC-AD7B-45BF9DE73D56/0/ElementsOfCrimesEng.pdf
3. Modality
- Each charge is coupled with mode of liability (e.g. Individual criminal responsibility;
command responsibility) and it is very important that you need to identify the liability that is
involved on such particular charge.
- In your pleadings, it was very evident that you have included and identified the mode of
liability. We would like to commend you for doing that because there are a lot of teams who
failed to include such. However, you need to relate it more with the elements as well as the
facts involved.
4. Research. Research. Research
- Do more research. Research is the foundation of a good written memorial. It is important
that you have a good research team that can provide a lot of sources that can help you build
up and anchor your arguments.
- Provide more journals & jurisprudence, cases under ICC, ICTY, ICTR, and etc.
- Invoke some international doctrines and other IHL principles. (Principle of proportionality,
principle of distinction, principle of necessity and etc.)

5. Build. Build. Build


- All the research and arguments will be futile if you have a poor structure.
- I observed that you have well-structured arguments, the type of structure that attacks every
detail /aspect of the crime.
- Improve the structure by adding up some things that you have obtained through research,
of course relate it with the facts and elements.

God Bless Team 16. May the force be with you…

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