14 August 2023 PREPARED BY

English Language Based Im Vireakboth

Bachelor of Law Program

RESEARCH
PRESENTATION
Table of
Contents
Page

I Before you research 1-6

II What to research? 7-9

III How to start your research? 10-14

IV How to follow your research? 15

V What to do with your research? 16

I BEFORE YOU REASEARCH

Look at the competition rules

Read your moot problem carefully
Determine which "side" you are arguing
Highlight key issues, facts, etc.
Create a timeline for the events sets out in the
moot problem and summarize the events
Equipment yourself with basic legal knowledge
of the subject
Get to know previous armed conflict and
relevant court establishment

1
I BEFORE YOU REASEARCH

The 1949 Geneva Conventions: the body of International Humanitarian Law

regulates the conduct of armed conflict and seeks to limit its effects. They
specifically protect people who are not taking part in the hostilities and
those who are no longer participating in the hostilities, such as wounded,
sick and shipwrecked soldiers and prisoners of war.
GCI: protects wounded and sick soldiers on land during war.
GCII: protects wounded, sick and shipwrecked military personnel at sea.
GCIII: applies to prisoners of war.
GCIV: affords protection to civilians, including in occupied territory.

2
I BEFORE YOU REASEARCH

Additional Protocols to the Geneva Convention: Despite, the creation of

the Geneva Conventions, it still leave a huge gaps in important areas,
such as the conduct of combatants and the protection of civilians from
the effects of hostilities. To remedy these shortcomings, two Additional
Protocols were adopted in 1977 and a third Additional Protocol was
adopted in 2005 as a response to the above issues.

API: it deals with international armed conflicts. They strengthen the

protection of victims of international and it lays down rules on the
how wars may be fought.
APII: it deals with non-international armed conflicts and a term that
includes civil wars.
APIII: introducing a new emblem, the Red Crystal, which has the same
international status as the Red Cross and Red Crescent emblems.

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I BEFORE YOU REASEARCH

Customary International Humanitarian Law: was the studies

that began in 1996. The International Committee of the Red
Cross worked with a broad range of renowned experts to look at
current state practice in IHL. The aim was to identify customary
law in this area and thereby clarify the legal protection it offered
victims of war. The study identified 161 rules of customary IHL
that constitute the common core of humanitarian law binding
on all parties to all armed conflicts. These rules enhance the
legal protection of victims of war throughout the world. [link]

Principle of Distinction
Protected Person and Object
Method of Warfare
Type of Weapon
Treatment of Civilian and Person hors de combat
Implementation

4
I BEFORE YOU REASEARCH

Post-WW2 Conflcit

1950-1953 Korean Civil War 1998-2003 Second Congo War

1961-1973 Vietnam War 1998-1999 Kosovo War

1988-1990 Somalia Civil War 2003-2021 Second Gulf War

1990-1991 First Gulf War 2003-2021 Second Gulf War

1991-2002 Sierra Leone Civil War 2003-Present Darfur War

1992-1995 Bosnian War 2011-2014 First Libyan Civil War

1994 Rwanda Genocide 2011-Present Syrian Civil War

1996-1997 First Congo War 2014-2020 Second Libyan Civil War

5
I BEFORE YOU REASEARCH

6
II WHAT TO RESEARCH?

Keywords and Key Concept

what is the broad topic?
legal terms and synonyms?

How are you going to find the answer?

What type of sources - books, cases, articles?
What sources - relevant textbooks, database, article indexes?

Identifying Keywords in Moot Problem

Legal terms not facts of the case
what do you need to know more about or don'ts understand?
Do you recognize if your case based on a real case?

7
II WHAT TO RESEARCH?

8
II WHAT TO RESEARCH?

What is that act?

Why that act is prohibited?
Whether that act used to happen before?
What does International Law say about that act?
How does that act affect our society?

9
III HOW TO START YOUR RESEARCH?

Start with first sources and then secondary sources

Databases are too large if you don't have a background in the subject
Textbooks - look on the catalogue or on a reading list
Articles - search using journal indexes

Remember !!!

First Hit Research: research based solely on what appears on the first
page of search engine. However, Google is bias: even with the right
keywords, it could still affect your search because less popular site
might get less visibility.
Inaccurate Keywords: inaccurate keywords could affect the variables
of what is considered in your first hit research.
Reference Tracking: look into part of articles/law/research paper in
experts’ work or online article and investigate the most frequently cited
authority.

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III HOW TO START YOUR RESEARCH?

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III HOW TO START YOUR RESEARCH?

Textbooks and Encyclopedias

Use the index to find key terms, look for synonyms
if your keywords do not appear in the index, look at the broader
subject matter in the table of contents

Searching for Articles

Use advanced search with the keywords identified
look for the following lead or indicator and then find out more
information about them
remember to look in footnotes for cases, legislation, and others

12
III HOW TO START YOUR RESEARCH?

Basic IHL Documents:

IHL Treaties: [Link]
Customary IHL: [Link]
The 1949 Geneva Conventions, Additional Protocols and
Their Commentaries: [Link]

Court Cases and List of Accused:

ICTY: Cases: [Link], and Lists: [Link]
ICTR: Cases: [Link], and Lists: [Link]
ICC: Cases: [Link], and Lists: [Link]
SCSL: Cases: [Link]. and Lists: [Link]
ECCC: Cases: [Link]. and Lists: [Link]

13
III HOW TO START YOUR RESEARCH?

Keep going until you think you have enough

to base your argument on

But remember to take a break and rethink about

your strategy if you come to a dead end.

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IV HOW TO FOLLOW YOUR RESEARCH?

Primary Sources
Is it up to date?
Is it still in force?

Secondary Sources
Is it from a good source?
What is the credibility of the source?

Case Law
Is it a good law? which side does it favor?
Is it relevant to your case?
How much do you know about that case?

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V WHAT TO DO WITH YOUR RESEARCH?

Apply the law to the facts in your argument?

What are you going to argue? (based on what ground)
Which authorities are you going to use to back up your
argument?
Is it on point/does it back up your argument?
What court is the judgement from - which court are you
going to be in?
Jurisdiction of the Case
Prepare a skeleton argument and list of authorities

16
 WHAT IF YOU CAN'T FIND ANYTHING?

Go back to your plan and see if there is anything

you have missed?
Are there any keywords you have not investigated?
Are there any sources you have not used?

17
14 August 2023 PREPARED BY

English Language Based Im Vireakboth

Bachelor of Law Program

Thank you
for listening!