PUBLIC INTERNATIONAL LAW

MUN SKILLS WORKSHOP 9

APPLICATION PART 2
Rebecca Kumi November 20
DICL Skills Workshop 10 - Bail Submission

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DICL Skills Workshop 10 - Bail Submission

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 I I I

4 DICL Skills Workshop 10 - Bail Submission

Outlining

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 Basic
Outline

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 Basic
Outline

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 Why Outline?
• Check the logical flow of your argument, and rearrange if
necessary
− Prove what is clear in your head is clear for others
• See at a GLANCE if your argument is strong
− Find gaps in your argument or incomplete warrants,
backing, rebuttals, conclusions…
• Helps to stay focused on their main points and avoid
unnecessary tangents.
− Keep under the word limit, while not missing any facts.
• It literally destroys the possibility of writer’s block and saves
you time
• Increases readability and ‘manipulates’ the reader into
accepting your argument more readily. #FACTS 8
 Legal Outline

1. Introduction
a. Background information necessary for understanding the context of
the Legal Issues
b. Reason for writing/ the rationale for the legal issues raised
c. Legal issue
d. Outline for the paper

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 2. First Argument solving the Legal Issue
a. Claim about solving the legal issue
b. Rule concerning the legal issue
i. Analysis of the legal rule: consequences and its conditions
ii. Operative parts of the rule quoted or correctly and carefully
paraphrased
iii.Correct explanations of the meaning of the rule, with citations
iv.Correct guidance on the interpretation of the rule, with citations
c. Application
i. Application of the case facts to the rule and the legal consequence
ii. Warrant showing the why this connection between the claim and the
support (rule) is valid
i. Correct explanations of the meaning of the rule, with citations
ii. Correct guidance on the interpretation of the rule, with citations
iii.Backing in the form of example from real case facts
10 d. Rule #2?
 3. Second Argument towards the legal issue
a. Rule concerning the legal issue
i. Analysis of the legal rule: consequences and its conditions
ii. Operative parts of the rule quoted or correctly and carefully
paraphrased
iii.Correct explanations of the meaning of the rule, with citations
iv.Correct guidance on the interpretation of the rule, with citations
b. Application
i. Application of the case facts to the rule and the legal consequence
ii. Warrant showing the why this connection between the claim and the
support (rule) is valid
i. Correct explanations of the meaning of the rule, with citations
ii. Correct guidance on the interpretation of the rule, with citations
iii.Rebuttal concerning the validity of this argument and some further
proof in the form of a backing
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 4. Possible Counter Argument on legal issue
a. Claim about why this argument might be considered as a strong counter
argument concerning your legal issue
i. Rationale explaining the counter-claim
ii. Rule supporting the counter claim
1.Analysis of the legal rule: consequences and its conditions
2.Operative parts of the rule quoted or correctly and carefully
paraphrased
3.Correct explanations of the meaning of the rule, with citations
4.Correct guidance on the interpretation of the rule, with citations
iii.Application
1.Likely Application of the case facts to the rule and a likely
consequence
2.Likely Warrant
3.Backing in the form of another example from real case facts
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 b. Countering your counter argument
i. Rebuttal of counter-claim
ii.Support for rebuttal
iii.Warrant for the support for the rebuttal
iv.Backing and examples

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 5. Conclusion
a. Restate the legal issue(s)
b. Summarize each of the legal arguments made and
their relevance
c. Conclude as to why your legal arguments solve
your legal issue (one last warrant!)
d. Finishing thought…

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 Just a Template…

Maybe you have multiple legal Issues…

Maybe something needs more explanation…

Maybe somethings don’t require warrants…

Maybe one argument includes several rules….

Maybe the same rule gets used multiple times….

Maybe you don’t like the typical order

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 Legal Issue: Does the ICC have legal basis for
exercising jurisdiction in Myanmar?

• Subject Matter,
• Temporal Jurisdiction,
• Territorial Jurisdiction,
• Personal Jurisdiction,
• Exercise of Jurisdiction,
• (Limits on Jurisdiction)
− Articles 5 – 17

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 Legal Issue: Does the ICC have legal basis for
exercising jurisdiction in Myanmar?

• Argument 1: Subject Matter Jurisdiction

− Claim: Subject matter Jurisdiction is fulfilled
− Rule/Support: Article 5, Article 6, Article 7
− Analyze Rules
− What conditions apply for Genocide?
− What Conditions apply for Crime against Humanity?
− Apply Facts of the Case to the Rule
− Offer warrants, backing, examples

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 Legal Issue: Does the ICC have legal basis for
exercising jurisdiction in Myanmar?

• Argument 2: Temporal Jurisdiction

− Claim: Temporal Jurisdiction is fulfilled
− Rule/Support: Article 11
− The ICC's temporal jurisdiction is limited to crimes committed
after the entry into force of the Rome Statute on July 1, 2002.
The court does not have retroactive jurisdiction; it can only
prosecute crimes that occurred after this date.
− Apply Facts of the Case to the Rule

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 Legal Issue: Does the ICC have legal basis for
exercising jurisdiction in Myanmar?

• Argument 3: Territorial Jurisdiction

− Claim: Territorial Jurisdiction is fulfilled
− Rule/Support: Article 12
− The ICC's territorial jurisdiction extends to crimes committed on the
territory of a state that is a party to the Rome Statute or by its nationals.
Additionally, the ICC can have jurisdiction over crimes committed on the
territory of a non-party state if that state accepts the jurisdiction of the
ICC or if the United Nations Security Council refers a situation to the
ICC.
− Apply Facts of the Case to the Rule
− Offer warrants, backing, examples

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 Legal Issue: Does the ICC have legal basis for
exercising jurisdiction in Myanmar?

• Argument 4: Personal Jurisdiction

− Claim: Personal Jurisdiction is fulfilled
− Rule/Support: Article 12(2)(b)
− The ICC can exercise personal jurisdiction over individuals
accused of committing crimes within its subject matter
jurisdiction. This includes individuals who are nationals of states
that are parties to the Rome Statute or individuals whose alleged
crimes occurred on the territory of a state party
− Apply Facts of the Case to the Rule

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 Legal Issue: Does the ICC have legal basis for
exercising jurisdiction in Myanmar?

• Argument 5: Exercise of Jurisdiction

− Claim: There is a referral under Exercise of Jurisdiction
− Rule/Support: Article 13
− The Court may exercise its jurisdiction if it is referred by a State
Party, by the Security Council, by initiation of the ICC prosecutor
− Apply Facts of the Case to the Rule
− Offer warrants, backing, examples

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 Legal Issue: Does the ICC have legal basis for
exercising jurisdiction in Myanmar?

• Counter Argument 6: Inadmissibility

− Claim: The Complementarity Principle may be offered as a Counter
Argument:
− Rule/Support: Article 17
− the ICC will only intervene when national legal systems are
unwilling or unable to prosecute individuals accused of the
specified crimes
− Apply Facts of the Case to the Rule
− Offer warrants, backing, examples

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 Outlining for Tasks

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 Task Questions

I. Jurisdiction of the ICJ

• [include here: (1) type of proceedings (contentious or
advisory), (2) legal basis for the ICJ to exercise
jurisdiction, (3) any preliminary objections to the
Court’s jurisdiction]

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 (1) type of proceedings (contentious or advisory)

• Claim: Proceedings are contentious

− Advisory Proceedings definition
− Apply rule
− Contentious Proceedings definition
− Apply rule
− Conclude

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 (2) legal basis for the ICJ to exercise
jurisdiction

• List all relevant articles

− Legal Consequences
− Legal Conditions

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 3) any preliminary objections to the Court’s
jurisdiction]

• Preliminary objection 1
− Rule, explanation, analysis, application

• Preliminary objection 2
− Rule, explanation, analysis, application

• Preliminary objection 3
− Rule, explanation, analysis, application

• Preliminary objection 4
− Rule, explanation, analysis, application

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 Outlining with my boy, John Oliver

• Pick an episode
• Find thesis,
• Find main points,
− ABCD
− Sub points,
− Details
− conclusion

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 29

Paragraphing
with Toulmin
 Paragraphs: Basic Features

UNIFIED: one main issue

Related ideas supporting one topic

ORGANIZED: ideas develop in a clear order

COHERENT: logical flow so the reader can follow

Visual impact
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Paragraph Structure
Topic sentence What will this paragraph achieve

Main Idea, Major Details, Minor TOULMIN MODEL of Logical

Details organisation

Synthesize longer paragraphs or

Close or transition provide a transition

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Paragraph development
Transition End of last Beginning of Strong
Smooth flow
between ALL
phrasing paragraph new paragraph connections
ideas

Topic Topic and Clear direction Essential

Sentence Controlling Idea and scope element

Elaborates and
Define and Further
Claim clarify the topic
explains the
topic
narrows scope

Written Connections Causes and Results and

Support arguments are made effect Consequences

Statistical Supports the Data, figures,

Warrant evidence Major Details facts

Transition End of last Beginning of Strong

Smooth flow
between ALL
phrasing paragraph new paragraph connections
idea

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 Article 53 of the Polish Constitution 1997, provides the
constitutional right of freedom of conscience and religion and
Article 25 enshrines the concept of the relationship between the
Polish State and religious institutions. The provisions, taken
together, clarify the importance of faith as central to the Polish
national culture and establish that the principle in Article 53 is a
fundamental human right. By combining the right of freedom of
religion to the political principle, the right is afforded greater
weight in Poland. The freedom to religion has even been
considered to be of greater importance than the right to life
(Szymanek, 2006). In accordance with Article 30 of the
Constitution, the onus lies on the Polish public authorities to

Example protect the right to religion. Article 53, paragraphs 1 and 2

"imply the prohibition to take actions, including legal ones,

Paragraph
which would unlawfully interfere (hinder) the profession of a
particular religion” (Constitutional Tribunal Judgment, no. K
52/13, 10/12/204)
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 Article 53 of the Polish Constitution 1997, provides the
constitutional right of freedom of conscience and religion
and Article 25 enshrines the concept of the relationship
between the Polish State and religious institutions. The
provisions, taken together, clarify the importance of faith as
central to the Polish national culture and establish that the
principle in Article 53 is a fundamental human right. By
combining the right of freedom of religion to the political principle,
the right is afforded greater weight in Poland. The freedom to

Example
religion has even been considered to be of greater importance
than the right to life (Szymanek, 2006). In accordance with Article
30 of the Constitution, the onus lies on the Polish public

Paragraph authorities to protect the right to religion. Article 53, paragraphs 1

and 2 "imply the prohibition to take actions, including legal ones,

Answers
which would unlawfully interfere (hinder) the profession of a
particular religion” (Constitutional Tribunal Judgment, no. K
52/13, 10/12/204)
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Your Case Note

• Find a Topic Sentence, Claim, Support, Warrant,

and a Backing/Example

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 In light of the ongoing human rights violations in Myanmar, it is important to
underscore the gravity of the situation. Furthermore, one cannot ignore the fact
that these violations have persisted for an extended period. Consequently, the
international community has been closely monitoring the developments in
Myanmar. Additionally, it is crucial to examine the various dimensions of these

What do violations. Moreover, the impact on the affected population is severe and cannot
be overstated. Consequently, efforts to address these issues must be intensified.

you think? Furthermore, there is a need for a comprehensive and coordinated response from
the international community. However, the challenge lies in the complexity of
the political landscape in Myanmar. Furthermore, it is essential to acknowledge
the limitations of existing mechanisms in addressing these violations. Despite
these challenges, there is a consensus among human rights organizations that
immediate action is imperative. Nonetheless, the question remains: what
concrete steps can be taken to alleviate the suffering of the affected population?"

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 Linguistic Features:
Transitions

Use transitional words

and phrases
strategically

Use transitional words

and phrases
consciously

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 Full Paragraph structure

Transition from previous

paragraph
Transition?!
Topic sentence
Trans
ition?
!
Claim
ion? !
sit Support
Tran
Tran
s ition
Warrant ? !
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 n? !
nsitio
Tra

Basicn?!
Outline
Transitio

on? !
nsiti
Tra

47
 n? !
nsitio
Tra

Basic
Outline
on? !
nsiti
Tra

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 Transitions

• Furthermore
• Moreover
• In addition

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 The ongoing human rights violations in Myanmar demand urgent
attention and concerted international action. The gravity of the
situation is underscored by the persistent nature of these violations over
an extended period; the severe impact on the affected population cannot
be overstated. As the international community closely monitors the
developments in Myanmar, it becomes evident that a comprehensive
examination of the various dimensions of these violations is crucial.
Efforts to address these issues must be intensified, requiring a
coordinated response from the international community. However,
navigating the complexities of Myanmar's political landscape poses a
Improvement: significant challenge. Despite these challenges, it is essential to
acknowledge the limitations of existing mechanisms in addressing these

Cohesive violations. Human rights organizations are in consensus that immediate

action is imperative. The question that arises is: what concrete steps can
Paragraph be taken to alleviate the suffering of the affected population?

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51
52
Reporting
Language
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 Citing Precedents

• IN + Case name + Facts of case

• In the case of the State v L. MemeJohn., the defendant wrote on the window
of a supermarket with a removable marker. The court found that the ease
with which the marks could be removed was irrelevant to the question of
whether they defaced the surface..

Or…

Parenthetical referencing = Statement of Law/legal principle + (Case Name)

The ease with which marks can be removed is irrelevant to the question of
whether they deface a surface (State v L.MemeJohn)

54 short title presentation - customize via footnote

 • Section 594(a) of the Penal Code states that..” Every person who
maliciously commits any of the following acts…

• Section 594(a) of the Penal code provides that every person who
maliciously defaces any real or personal property with graffiti, is
guilty of vandalism.

• Under Section 594(a) of the Penal Code “Every person who

maliciously commits any of the following acts…

• According to section 594(a) of the penal code “Every person who

Rule – Citing maliciously commits any of the following acts with respect to…”
Legislation

55 short title presentation -

customize via footnote
 Reporting Verbs

• Williams (2004) examines the lack of public

Aims awareness among low-income groups

concerning health protection and disease
prevention

• Miller (2016) shows that the instances of

Results compliance are statistically higher among
Company group A.

• Clark (2011) argues that “European institutions

Opinion have gained an unprecedented level of de jure
and de facto powers

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 Categories of Reporting Verbs

AIMS RESULTS OPINIONS

Investigate suggest (that)* believe (that)

Analyse find (that) State (that)

Look at indicate (that) Note (that)*

focus on identify (x) as point out (that)*

Consider reveal (that) observe (that)*

Identify establish (that) consider (that)

report (on) confirm (that) hold (that)

be concerned with conclude (that)* claim (that)

demonstrate (that) emphasize/stress

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Reporting Verbs

However,
Clarkson Radisson has
claims… demonstrated
that in fact….
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 Reporting Verbs

Agreement Disagreement

Jones accepts Jones insists

Peters illustrates Peters maintains
Williams discovered Williams assumes

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Professional
Writing

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 Focused and Well Structured

Clear and Precise

Formal and Unbiased

Correct and Consistent

Professional Well Sourced

Register
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Formal Language Requirements
Formal language makes use of complex sentence structures

• In 2001, the bridge was built. This was good politically. Two countries united. = Informal
• The bridge was completed in 2001, which resulted in a positive political move that united two countries. =
Formal

Formal language does not use contractions

• When considering staffing in hospitals in the future, it's difficult not be concerned. = Informal
• When considering staffing in hospitals in the future, it is difficult not be concerned. = Formal

Formal language is objective

• I think/believe that the issue of global warming will be the primary concern at the meeting. = Informal
• There is little doubt/It is clear that the issue of global warming will be the primary concern at the
meeting. =Formal

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Emotional
Subjectivity
Countless policymakers lament that
the implementation of standards-
based accountability measures has
led to a horrifying crisis of epic
proportions that has caused many
children to suffer.

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Objective Voice
Policymakers have voiced their opposition to the
implementation of standards-based
accountability measures as it has led to
unnecessary pressures on children.

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 Formal Language Requirements
Formal language focuses
more on vocabulary choice
• The research assistant
checked out the incident and
got back to him the next
day. = Informal
• The research assistant
investigated the incident and
reported to him the following
day. = Formal
Formal language makes use
of the discipline specific
vocabulary
• Germs grow well in dirty and
warm temperatures. =
Informal
• Bacteria thrive in unhygienic
and warm conditions.=
Formal
Formal language does not
use colloquialisms (language
which is common to spoken
English)
• Sweden's Prime Minister,
Fredrik Reinfeldt, totally lost
it when he read the latest
report from the press. =
Informal
• The Prime Minister of
Sweden, Fredrik Reinfeldt,
expressed his concern when
he viewed the most recent
report from the press. =
Formal
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Phrasal
Verbs

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 “Cut out” has many meanings depending on the
context of the sentence:

− Delete or remove
− (e.g., The irrelevant paragraph was cut out)
− Shape by cutting
− (e.g., The DNA model was cut out using
scissors)
− Suited or well-equipped
Phrasal Verbs: − (e.g., She was not cut out for the task)
consider ‘cut − Cease operating
out’ − (e.g., The engine cut out)
− Exclude
− (e.g., Group 2 had sugar
67 cut out of their diet)
 This
We carried out an
experiment consists
experiment…
of three…

These
As discussed
recommendations
by Jones et al., …
are based on …

Phrasal
Verbs:
Each test
was subjected to … Acceptable
Exceptions
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Passive Voice
The OVERUSE of the Passive…

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Active v
Passive Voice
•Traditionally, academic
writing contained a lot of
passive structures. It was
complicated to read and
understand.

•Education was for the elite!

• 75% Passive
• 24% Active
• 1% Cr@p

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What is the Passive Voice?
There was a considerable
range of expertise • The hackers demonstrated a
demonstrated by the considerable range of expertise.
hackers.

It was determined by the • The committee determined the

committee that the report
was inconclusive. report was inconclusive.

The proposed initiative will • Abortion rights groups will bitterly

be bitterly opposed by
abortion rights groups oppose the proposed initiative
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Active v Passive

Why avoid Passive voice? Why use Passive voice?

Unclear/
Actor is
Confusing Wordy, not Highlight
unknown or
who/what is concise the action
irrelevant
the subject?

To avoid
Unneeded When
Insinuates using a
distance greater
the evasion personal
between distance is
of pronoun
author and appropriate
responsibility (e.g. ‘I’ or
reader objective
‘we’)

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Plagiarism
..and how to Avoid it

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Plagiarism

• What is Plagiarism?
• Using words and/or ideas derived
from others, without attribution to
source

• What are the types of Plagiarism?

• Accidental or Unintentional
Plagiarism
• Mosaic Plagiarism
• Direct or Intentional Plagiarism
(Words and/or Ideas)
• Self Plagiarism
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 Unintentional plagiarism
Careless paraphrasing or sloppy/incorrect citing of source material

Mosaic plagiarism stemming from interwoven texts and poorly

distinguished sources

Misrepresenting a source's intentions

Difficulty distinguishing common knowledge

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 How to Identify
Common
Knowledge
Who is my reader
and what can I
assume they know?

Could my reader
dispute this
statement?

Can my reader easily

verify this statement
across multiple
sources?
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 I N T E N T I O NA L
P L AG I A R I S M

• Intentional plagiarism is the purposeful

presenting another’s ideas or words as
your own.

• Includes: words, structures, styles, ideas,

metaphors, etc.

• Be careful where you share your work,

including checking your own work with
online plagiarism tools

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Self-
Plagiarism
• Reusing work that you have already
published or submitted for a class.
• It can involve re-submitting an
entire paper,
paraphrasing passages from your
previous work, or recycling old
data
• Self-plagiarism misleads your readers
by presenting old work as completely
new and original.
• If you want to include any text,
ideas, or data that already
appeared in a previous paper, you
should always inform the reader of
this by citing your own work.

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How to Avoid
Plagiarism

• Keep track of your work

• Paraphrase effectively
• Cite correctly, cite often.
• Use Software

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86
 Expressing the meaning of
the main points of a text
while using different words,
structure, and nuances.

The true meaning should not

change – as this would
become accidental
What is plagiarism… even if the
Paraphrasing? source is cited.
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 1. Copying a paragraph as it is from the source without any
acknowledgement.
2. Copying a paragraph making only small changes, such as
replacing a few verbs or adjectives with synonyms.
3. Cutting and pasting a paragraph by using the sentences of
the original but leaving one or two out, or by putting one or two
Identify of the sentences in a different order.

Paraphrasing 4. Composing a paragraph by taking short standard phrases

from a number of sources and putting them together with some
words of your own.
5. Paraphrasing a paragraph by rewriting with substantial
changes in language and organization, amount of details, and
examples.

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 1. Copying a paragraph as it is from the source without any
acknowledgement.
2. Copying a paragraph making only small changes, such as
replacing a few verbs or adjectives with synonyms.
3. Cutting and pasting a paragraph by using the sentences of
the original but leaving one or two out, or by putting one or two
Identify of the sentences in a different order.

Paraphrasing 4. Composing a paragraph by taking short standard phrases

from a number of sources and putting them together with some
words of your own.
5. Paraphrasing a paragraph by rewriting with substantial
changes in language and organization, amount of details, and
examples.

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 Paraphrasing Strategies

• Identify important points

• Focus on relationships
• Find a new angle
• Take the original text away
• Change the order of the Paragraph
• Change the sentence structure
• Use as many synonyms as possible,
• But do not rely on synonyms too heavily
• Do not change specialized vocabulary
• Do not make the paraphrase longer than the original 90