B5546 - Sem. International Criminal Court Moot Trial (the Nuremberg Moot Court)

Learning outcomes

1. The seminar will prepare the five students selected as members of the Unibo Team to compete before the Nuremberg Moot Court. The Nuremberg Moot Court is an international competition, held in English in Nuremberg, Germany. University teams from all over the world are invited to argue a fictitious case before the "International Criminal Court" during the competition. A moot court is a simulated court proceeding which invites students of law to compete based on their oral and written legal argumentation and presentation, from both the prosecution and defence positions. Dissecting both complex procedural and substantive issues of international criminal law, students are given the unique opportunity to develop their skills and plead at the historic Courtroom 600 of the Nuremberg Palace of Justice, where the Nuremberg trials against the major Nazi war criminals took place. The International Military Tribunal held the Nuremberg trials from 1945 to 1949. They resulted in the recognition of the Nuremberg Principles, which ultimately led to the creation of the International Criminal Court. This location allows students to practice international criminal law at its very birthplace, offering both a historical and educational experience. The organisers of the Nuremberg Moot Court are the International Nuremberg Principles Academy and the International Criminal Law Research Unit at the Friedrich-Alexander University Erlangen-Nuremberg. Further information about the Moot Court can be found at: https://www.nuremberg-moot.de/index.php?id=283.

Course contents

The seminar focuses on the preparation for a mock case, elaborated by the Nuremberg Academy.

The Moot court competition is structured in two phases, a written phase and an oral phase.

In the written phase, students will prepare one memorandum for the prosecution and one for defence, starting from the outline case scenario published by the Nuremberg Academy.

This phase usually takes place between January and April (specific dates to be defined on the basis of the calendar published by the Nuremberg Academy).

If the memoranda reach a sufficiently high score, the second phase is unlocked.

In the oral phase, students will have to defend their position orally, in a moot trial held in Nuremberg (Germany). In the oral phase, students will have to take both the prosecution and the defence position, in accordance with what prepared in the written phase. The oral phase usually takes place in July (specific dates to be defined on the basis of the calendar published by the Nuremberg Academy).

 

HOW TO PARTICIPATE:

Following the Nuremberg Academy's rules, the team for the competition comprises a maximum of 5 students.

Students interested in participating may submit their application yearly, in a call organised by the Department of Legal Studies, which is generally published in late November/beginning of December.

Specific requirements for participating in the competition will be indicated in the call.

However, in general terms, students intending to participate shall:

• Be enrolled in a course or PhD program of the Legal Studies Department of the University of Bologna until the end of the competition (so covering the period November-July).
• Have an excellent knowledge of written and oral English
• Have attended/are attending a course in international criminal law (including elements of procedure).

Applications will be examined by a Commission composed of professors of the Department of Legal Studies of the University of Bologna. Selected applicants will become the members of the UNIBO team for the Nuremberg Moot Court competition.

Readings/Bibliography

There are no pre-arranged reading materials. Any texts will be indicated in the light of the track published by the Nuremberg Academy.

Having attended/attending a course in international criminal law (including elements of procedure), and thus having a basic knowledge of the matter, is necessary.

Teaching methods

No pre-defined lecture schedule is foreseen; rather, the seminar is structured in a series of meetings, defined in accordance with the schedule of the competition, as published yearly by the Nuremberg Academy.

Meetings between students and teachers are identified shortly before and after the publication of the track by the Nuremberg Academy.

Students might be invited to participate in some seminars/conferences on the subjects relevant to the competition.

Some meetings might be organised online, if necessary in light of the deadline for submitting written papers for participation in the Moot Court. Nonetheless, in general meetings will be held in person, and especially so for the oral phase preparation.

During such meetings, the teachers intend to encourage the students who make up the team to develop cases for prosecution and defence. The aim is to empower and assist students in making the final strategic decisions, and in identifying the legal arguments to be cultivated for participation in the competition. As per the Nuremberg Moot Court regulation, however, the final decision is up to the student members of the team.

Assessment methods

The assessment takes into account the students' commitment. In particular, account will be taken of

- the competence shown by the students in reasoning about the legal issues raised by the track published by the Nuremberg Academy;

- the ability to work as part of a team, valuing and supporting fellow students;

- the seriousness and accuracy in meeting the deadlines, both internal and imposed by the Nuremberg Academy, for participation in the mock trial.

Teaching tools

In addition to the case track, academic papers and case law decisions will be suggested to the students.

A tutor will follow the work of the team alongside the supervising teachers.

Office hours

See the website of Giulia Lasagni

See the website of Michele Caianiello