BRISBANE MODEL UNITED NATIONS CONFERENCE

HUMAN RIGHTS COUNCIL

RULES OF PROCEDURE

APRIL | 4 - 7 | 2013 | NATHAN CAMPUS | GRIFFITH UNIVERSITY

1. Preliminary

2. Directors

3. Court Information

4. Order of session

5. Formal Debate

6. Moderated Caucus

7. Unmoderated Caucus

8. Points from the floor

9. Motions from the floor

10. Draft Opinions

11. Draft Judgments and amendments

12. Voting

13. Guide to court session

1. Preliminary1.1 SCOPE OF THESE RULES OF PROCEDUREThese Rules of Procedure shall apply throughout all meetings of the International Court of Justice.

1.2 PUBLIC OBSERVATIONNo member of the public may enter the Court Chamber without permission from the Secretariat

1.3 STATEMENTS BY THE SECRETARIATMembers of the Secretariat may interrupt any Court at any time to make a statement on any subject.

2. Directors2.1 COURT DIRECTORSThe Court shall have a minimum of two directors

2.2 ROLE OF COURT DIRECTORSDirectors shall be responsible for facilitating debate amongst Judges, implementing and enforcing these Rules of Procedure, and communicating information to and from the organisers.

2.3 POWER OF COURT DIRECTORSThe Directors may open and close each session at his or her discretion; propose any motion listed under these Rules of procedure; draw up, open and close Speakers’ Lists; rule upon matters of procedure; distribute material; censure Judges and exercise all other powers necessary to enforce these Rules of Procedure.

2.4 PRECEDENCE OF JUDGESThe Directors shall endeavour to ensure that all Judges are accorded fair and reasonable opportunities to speak. Where appropriate, the Directors may accord precedence to Judges who have not yet spoken. The Directors may also accord precedence to Judges representing Judges with special or particular relationships to the issue under debate.

2.5 GROUNDS OF CENSUREThe Director may censure any Judge he or she reasonably believes is knowingly acting in disregard of these rules of procedure or otherwise acting against the best interests of the Conference and Court. Obscene, undiplomatic or frivolous behaviour may result in a warning. Judges may be punished after being censured for the second time. The punishment cannot involve their removal from the Court or removal of their voting or speaking privileges.

2.6 APPEALSExercise of Directors discretion may be appealed. A Judge should call a Point of Order

and then request an appeal. Frivolous appeals may be disallowed. The Director whose decision is under appeal shall step down for the duration of the appeal and the Court shall be overseen by a co-Director or representative of the Secretariat. The Judge shall then speak to his or her appeal for no more than one minute. The Director may then reply in defence of his or her ruling. The appeal should then be put to a vote. If a two-thirds majority is attained, the decision of the Director shall be overruled.

3.1 AGENDAEach Court shall discuss one topic. The agenda for each Court shall be directed and facilitated by the directors, in consultation with the Court. A Judge may move to add, remove or alter the order of items to be discussed on the agenda.

3.2 QUORUMQuorum shall be one more than half of the registered Judges of a Court. A roll call shall be taken at the commencement of the first session to verify quorum. A Judge may request verification of quorum at any time during Court session.

3.3 LEAVING THE COURTJudges may leave a Court Session at any time, so long as this does not interrupt a speaker. Judges wishing to leave a Court session for any time longer than 5 minutes should notify the director in advance, and should inform him or her as to their expected time of return or as to whether they will re-join the Court at the commencement of the next session.

3.4 NOTE PASSINGNote passing is an invaluable means of communicating with fellow Judges on important pointed of debate, and are encouraged. Notes may be passed during periods of Formal Debate or Moderated Caucus. Notes may not be frivolous or irrelevant. All notes must state clearly both to whom it is addressed and who it is from. Directors or the Secretariat members may intercept and/or read any note. No Judge except that to whom it is addressed may read a note.

3.5 PRESS INTERACTION

Press may only be present in the Court at the consent of Directors. They may ask questions only when Points of Information are offered. Only the Secretariat or International Press Gallery Director’s are permitted to remove press from Press Delegates from the Court. If Directors wish press to be removed they must notify the Secretariat or IPG Directors.

The Court may, with a motion from the floor, vote for debate to take place in a closed session. If the motion passes by a two-thirds majority all witnesses, including press, must leave the courtroom immediately.

3.6 AMBASSADORS

Ambassadors may act as observers only. They have no right to vote. They may request to address the Court once for no longer than 5 minutes by sending a note to the Director. They may leave the Court at any time.

3.7 NON-GOVERNMENTAL ORGANISATIONS

NGO’s may act as observers only. They have no right to vote. They may request to address the Court once for no longer than 5 minutes by sending a note to the Director. They may leave the Court at any time.

3.8 DELEGATE REFERRAL TO THE INTERNATIONAL COURT OF JUSTICE

Delegates may refer alleged breaches of the MUN Convention to the Court for determination. The Secretariat shall have absolute discretion in referring matters to the Court.

3. ORDER OF SESSIONCourt sessions are ordered as follows:• Court is opened• Position statements• Commencement of debate• Court is closed3.2 OPENING COURTEach Court session must be opened by a motion from the floor.

3.3 POSITION STATEMENTSOnly the second Court session commences with position statements. They are read by Judges wishing to address the Court on their opinion as to the legal questions before the Court. Each position statement should last no longer than 1 minute. The director shall address Judges in alphabetical order and offer each the opportunity to deliver a position statement.

3.4 COMMENCEMENT OF DEBATEAfter opening the Court session or, in the case of the second session, at the completion of position statements, directors shall announce the opening of debate.

For all other sessions than the first: if the General Speakers List had not been exhausted during the previous session, the Speakers List shall be resumed.

3.5 CLASSES OF DEBATEThere are two “classes” of debate - substantive and procedural.

3.5.1 SUBSTANTIVE DEBATESubstantive debate is divided into three categories:• Formal Debate• Moderated Caucus• Unmoderated CaucusTo move Court session from one to the other there must be a motion from the floor. Where there are no motions, formal debate is resumed.

3.5.2 PROCEDURAL DEBATECertain procedural motions may generate or allow for procedural debate. All such debate shall be strictly in accordance with the rules governing Formal Debate. No speech in procedural debate shall exceed one minute, and the director may set further time limits at his or her discretion.

3.6 CLOSURE OF SESSIONSDirectors may close debate at his or her discretion, with consideration of the scheduled closing times and the facilitation of debate. Upon the closure of a session, the Directors shall state the intended opening time of the next Regular Session and whether debate on the current agenda item will continue or debate on the next agenda item will commence.

5. Formal DebateFormal debate shall be the primary for discussion of agenda items at the Conference. During formal debate, all speeches shall be made through the Director in strict accordance with the Speakers’ List. All motions and points from the floor shall be open.

Unless otherwise stated the rules of formal debate are presumed to apply throughout all Court sessions.

5.1 ROLE OF SPEAKERS’ LISTSpeakers’ Lists shall determine the speaking order throughout formal debate and shall be drawn up by the director. During formal debate, only Judges on a speakers list may give speeches, although others may raise motions and points from the floor, and be yielded to.

5.2 OPENING AND CLOSING OF SPEAKERS’ LISTDirectors will open and close the Speakers’ List by declaration. Judges may only be added to an open Speakers’ List.

5.3 ADDITION TO AND REMOVAL FROM THE SPEAKERS’ LISTWhen a Speakers’ List is opened, Judges may be added to the list by:• raising their placard if and when requested to do so by the Director; or• sending a note to the chair.No Judge may be added again to a Speakers’ List that he or she is already on. A

Judge who has spoken or been otherwise removed from a Speakers’ List may be added to the List. A Judge who wishes to be removed from the list must do so by sending a note to the chair.

5.4 CLASSES OF SPEAKERS LISTSpeakers Lists may be divided into four classes of debate• General debate• debate on the Draft Judgment• debate on the amendment• debate on procedural mattersPlease note, a moderated caucus is to be the preferred method of discussing procedural matters.5.4.1 GENERAL SPEAKERS LISTThe general speakers list shall be active during all formal debate on the Court topic, between the completion of position statements and the commencement of debate on Draft Judgments.

5.4.2 DEBATE ON DRAFT JUDGMENTSWhen formal debate commences on a Draft Judgment, the Director shall draw up and open a Speakers List to discuss the Draft Judgment. This Speakers List shall be arranged into speakers wishing to speak for the Draft Judgment, and Judges wishing to speak against it. All speeches must substantively address the Draft Judgment. While such lists are in operation, amendments may be submitted.

At the exhaustion of a Draft Judgment Speakers’ List, or otherwise immediately prior to voting on a Draft Judgment, the proposing Judge may deliver a short address summarising the advantages of the Draft Judgment. This address will be no longer than two minutes.

5.4.3 DEBATE ON THE AMENDMENTIf a Court moves to debate an amendment to a Draft Judgment, the director shall draw up an amended Speakers’ List. This list shall function in the manner of a Draft Judgment Speakers’ List, but the discussion is to be focused on the amendment alone. The proposer has no right of reply.

5.4.4 DEBATE ON PROCEDURAL MATTERSA procedural Speakers List shall be opened when debate is required on a procedural motion. All procedural motions except the Motion to Close Debate will move directly to a vote without debate unless there is an objection from the floor. Motions to close debate will always be debated.

During a procedural debate:• Speaking times shall be set for no more than one minute, or one half of the general speaking time, whichever is the shortest; and

• No debate of substantive matter is to be entered into;• No more than three speakers for and against the motion shall be entertained• No proposer’s right of reply shall apply

5.5 YIELDINGAt any time during substantive formal debate, a Judge shall have the opportunity to yield to:• the director, in which case the director shall invite the next Judge forward• another Judge on the Speakers’ List, in which case the director shall invite that Judge to speak• the next Judge on the list, provided the original Judge did not take any points of information and has time remaining. The incoming Judge may speak for the sm of the time allocated to him (in accordance with the Speakers’ List rules) and the remaining time on the clock for the yielding Judge. If the yielding Judge took points of information or exhausted his time, the incoming Judge shall only have his previously allocated time.• any Judge not on the Speakers List, in which case, the director shall only allow the incoming Judge the time remaining for the original Judge. A Judge may only yield to a Judge not on the Speakers’ List if he or she has time remaining and did not take any points of information.

No more than two consecutive yields to other Judges will be accepted; the third yield will be deemed to be to the Director.

6. Moderated Caucus6.1 INITIATION OF MODERATED CAUCUSESModerated Caucuses may be initiated by motion, or at the suggestion of the Directors. At the initiation of a Moderated Caucus, the Directors shall specify to all Judges:• The topic of the Moderated Caucus;• The duration of the Moderated Caucus; and• The time limit for individual speeches within the Moderated Caucus

6.2 PROCEDURE IN MODERATED CAUCUSJudges shall remain at their seats within the Court Chamber throughout the Moderated Caucus. Judges shall stand only when recognised by the Director. No Speakers List shall be drawn up. The Director shall, at the completion of each speech, call for those wishing to speak to raise their placards and then recognise one such Judge, who shall stand and speak. All speeches shall be made through the Director. If the Moderated Caucus was initiated by a motion form the floor, its Proposer shall have first speaking rights.

6.3 TOPIC OF MODERATED CAUCUSModerated Caucus must be directly related to the present agenda item. If a speaker deviates from this topic, the Director may discipline him or her, or another Judge may call a Point of Order.

6.4 DURATION OF MODERATED CAUCUSThe duration of Moderated Caucus shall be set by the Director. Judges proposing a Moderated Caucus in a motion from the floor may propose a time limit for the Moderated Caucus. The Director may extend a Moderated Caucus by up to five minutes without a motion, but extensions of over five minutes require a successful motion from the floor. A Judge may also propose a Motion to Return to Formal Debate, and if such a motion passes, the Moderated Caucus shall end.

6.5 TIME LIMITS ON SPEECHESTime limits shall be strictly enforced. No speech may exceed two minutes. The Director may, at his or her discretion, apply for further limits.

7. Unmoderated Caucus7.1 DEFINITION OF UNMODERATED CAUCUSESAn Unmoderated Caucus is a period of discussion of a fixed length during which time Judges may circulate and discuss issues arising from the agenda item under discussion. No points or motions from the floor shall be entertained.

7.2 INITIATION OF UNMODERATED CAUCUSUnmoderated Caucuses may be initiated by a motion from the floor of the Director. At the initiation of an Unmoderated Caucus, the Director shall specify the duration of the Unmoderated Caucus to all Judges. The director may also, at his or her discretion, specify any limits to the duration of Unmoderated Caucus or, whether the Speakers’ List for Formal Debate remains open.

7.3 DURATION OF UNMODERATED CAUCUSThe duration of an Unmoderated Caucus shall be set by the Director. Judges proposing an Unmoderated Caucus in a motion from the floor may propose a time limit. These time limits shall be strictly applied, but the Director may extend or call to a close Unmoderated Caucuses at his or her discretion. All Judges must return to their seats at the completion of Unmoderated Caucus.

7.4 LOCATION OF UNMODERATED CAUCUSJudges may leave the Court Chamber during an Unmoderated Caucus. it is their responsibility to ensure that they return to the Court Chamber at or before the completion of the Caucus.

7.5 CONDUCT OF DIRECTORS DURING UNMODERATED CAUCUSThe Directors shall remain within the Court Chamber throughout the Unmoderated Caucus.

8. Points from the Floor

8.1 CLASSES OF POINTS FROM THE FLOORThere are five classes of points form the floor• Point of Order• Point of Personal Privilege• Points of Procedural Enquiries• Point of Information• National Right of ReplyFrivolous or inappropriate points may be refused. No cross floor debate shall be tolerated.8.2 POINT OF ORDERA Judge may call a point of order, by raising their placard, if another Judge or director is in breach of the rules of procedure. Such a point may interrupt debate at any time. When the point is recognised the Judge raising it must explain to the Court how procedure has not been followed. The Director shall then rule as to whether the Point is in or out of order.

8.3 POINT OF PERSONAL PRIVILEGEThey may be raised if a speaker is inaudible or any matter of the Court environment is unsatisfactory e.g. poor internet access or air-conditioning problems. Unless urgent, these should be made in writing. When recognised, the Judge raising the Point is to explain his or her concern in less than thirty seconds.

8.4 POINT OF PROCEDURAL ENQUIRYThis allows a Judge to clarify matters of procedure but may not interrupt speakers. When recognised, the Judge has thirty seconds to explain what element he or she wants clarification on. Unless urgent, they should be made in writing. The director shall respond with an oral declaration, regardless of the form of the point of enquiry.

8.5 POINT OF INFORMATIONThese may be offered at the end of any speech arising from a non-procedural Speakers’ List. They may NOT be addressed to the proposer or seconder of a Draft Judgment, or the proposer of an amendment. Speakers may choose to accept or refuse points of information. If a Judge elects to take points of information, the director will then invite Judges wishing to make such points to raise their placards, without speaking, and await recognition.

The number of points of information may be limited at the Director’s discretion. All Points of Information must be brief, relevant and in the form of a question.

8.6. RIGHT OF REPLYIf a Judge feels that he or she has been abused by a speaker, or that false statements have been made about him or her, he or she may stand, raise his or her placard, and await the completion of the speech. The Director may, if the Judge is extremely discourteous, interrupt the speech and request an immediate apology and/or issue

a warning. At the completion of the speech, the Director will at his or her discretion recognise the standing Judge. The Judge may then give a speech of no more than one minute responding to the abuse or falsehood. The Director may then request that the abusive Judge apologise.

9. Motions from the Floor9.1 DEFINITION OF PROCEDURAL MOTIONSProcedural Motions allow Judges or the Director to exercise control over matters of procedure within the limits of these Rules of Procedure. Procedural motions may be made by any Judge or the Director. Procedural motions may not interrupt Judges when they are speaking. A Judge wishing to raise a procedural motion should stand, raise his or her placard and state the motion he or she wishes to raise. He or she may not speak to his or her motion. The Director may reject frivolous or inappropriate motions. A motion that has been recognised shall be put to the vote.

9.2 AVAILABLE PROCEDURAL MOTIONSThere are fourteen procedural motions available

9.2.1 MOTION FOR A MODERATED CAUCUS

A Motion for a Moderated Caucus may be proposed throughout Formal Debate. Judges proposing such a motion should specify the proposed topic and suggested duration of the Caucus. If a Motion for a Moderated Caucus passes, the Court shall move directly to a Moderated Caucus.

9.2.2 MOTION TO EXTEND THE MODERATED CAUCUS

A Motion to Extend the Moderated Caucus may be proposed during a Moderated Caucus. Judges proposing such a motion may specify the duration to which he or she wishes the Moderated Caucus be extended. If a Motion to Extend the Moderated Caucus passes, the Caucus shall be extended.

9.2.3 MOTION TO RETURN TO FORMAL DEBATE

A Motion to Return to Formal Debate may be proposed during a Moderated Caucus. If such a motion is passed, the Court shall return to Formal Debate

9.2.4 MOTION FOR AN UNMODERATED CAUCUS

A Motion for un-moderated Caucus may be proposed throughout Formal Debate. Judges proposing such a motion may wish to specify the proposed duration of the Caucus. If a Motion for an un-moderated Caucus passes, the Court shall move directly

to an un-moderated Caucus.

9.2.5 MOTION TO CALL A WITNESS OR EXPERT

A motion to call a witness or expert may be proposed during moderated caucus. The Proposing Judge must state the reason the expert or witness is required. Directors may only refuse a Judge’s reasonable request for an expert or witness if the request is made on the last day of Court session and time constraints prevent it. Otherwise, all reasonable requests must be granted.

The Secretariat must be notified immediately of a reasonable request made for an expert or witness. The expert or witness must be made available to the Court within 1 hour of the Secretariat receiving notification or, where notification is received with less than an hour of Court session remaining, within 1 hour of the next Court session starting.

9.2.6 MOTION TO INTRODUCE A DRAFT JUDGMENT

A Motion to Introduce a Draft Judgment may be proposed during Formal Debate under the General Speakers’ List. Only the Proposer of a Draft Judgment may raise this motion. If it motion passes, the proposed Draft Judgment shall be introduced.

9.2.7 MOTION TO INTRODUCE AN AMENDMENT

A Motion to Introduce an Amendment may be proposed during Formal Debate under a Draft Judgment Speakers’ List. Only the Proposer of an Amendment may raise this motion. If such a motion passes, the proposed Amendment shall be introduced.

9.2.8 MOTION TO SUSPEND DEBATE

A Motion to Suspend Debate may be proposed during Formal Debate under a Draft Judgment Speakers’ List. If such a motion passes, the Draft Judgment shall be put aside, the Draft Judgment Speakers’ List closed and suspended and the General Speakers’ List resumed.

9.2.9 MOTION TO RESUME DEBATEA Motion to Resume Debate may be proposed during Formal Debate under the General Speakers’ List when a Draft Judgment has previously been suspended. If such a motion passes, debate on the Draft Judgment shall be resumed.

9.2.10 MOTION TO CLOSE DEBATEA Motion to Close Debate may be proposed during Formal Debate under a Draft Judgment or Amendment Speakers’ List. If proposed for a Draft Judgment, this Motion shall generate a Procedural Speakers’ List. If this Motion passes, the Court will move

directly to a vote on the Draft Judgment or Amendment.9.2.11 MOTION TO DIVIDE THE QUESTIONA Motion to Divide the Question may be proposed immediately prior to any vote on a Draft Judgment or Amendment. If this motion passes, the clauses shall be voted on individually by placard vote.9.2.12 MOTION FOR ROLL-CALL VOTEA Motion for Roll-Call Vote may be proposed immediately prior to a vote. The Director has a broad discretion to reject such motions in the interests of time. If this motion is passed, the vote shall be by roll-call.

9.2.13 MOTION FOR RECOUNT

A Motion for Recount may be proposed immediately after the announcement of the results of a vote. Such a motion shall not go to a vote, and shall be ruled upon at the Director’s discretion. If the motion is passed by the Director, the vote shall be repeated.

9.2.14 MOTION FOR PROCEDURAL DEBATE

A Motion for Procedural Debate may be proposed after any procedural Motion has been proposed. The Director has discretion to entertain Motions for Procedural Debate. The passing of such a motion shall result in the creation of a Procedural Speakers’ List.

9.2.15 MOTION TO ADJOURN SESSIONA Motion to Adjourn Session may be proposed throughout Formal Debate. The Director has a broad discretion to reject such motions. If such a Motion passes, the Court shall be adjourned and the Director shall specify a time for the Court to reconvene.

9.3 PRECEDENCE OF MOTIONSPoints and motions will be considered in the following order of precedence

1. Point of Personal Privilege2. Point of Order3. Point of Procedural Inquiry4. Motion to Adjourn Session5. Motion to Suspend Session6. Motion for Unmoderated Caucus7. Motion for Moderated Caucus8. Motion to Introduce Draft Resolution9. Motion to Introduce an Amendment10. Motion to Postpone Debate11. Motion to Resume Debate12. Motion to Close Debate

At the start of voting procedure, the following points and motions are in order, in the

following order of precedence:

1. Point of Personal Privilege2. Point of Order3. Point of Procedural Inquiry4. Reordering Draft Resolutions5. Motion to Divide the Question6. Motion for a Roll Call Vote

10. Draft opinionsDraft opinions are the step before Draft Judgments - the work in progress of the Court or groups within the Court. They may be worked on throughout Court session, but it is most appropriate to do so during unmoderated caucus.

10.1 SUBMISSION OF DRAFT OPINIONSDraft opinions may be submitted to the director by any Judge. To be introduced to the Court, a Working Paper must:• be signed by its Proposer• clearly state which Court and agenda item it pertains to; and• be typed and free from errors or spelling and grammar.The directors may, at their discretion, reject frivolous or inappropriate proposed Draft opinions. The Directors also have the discretion to alter minor errors in spelling and grammar. The Directors must then distribute them to the Court.

10.2 INTRODUCTION OF DRAFT OPINIONSDraft opinions are introduced when they are distributed by the Director to all Judges and may not be discussed until they are introduced. They do not require a formal motion from the floor. Multiple Draft opinions may be discussed simultaneously and they do not generate Speakers’ Lists. The director will notify all Judges of the introduction of a Working Paper when it has been distributed to all Judges.

11. Draft Judgments and AmendmentsDraft Judgments are more formal than Draft opinions and have stricter requirements in order to help meet consensus and improve the chance of the Court producing a final resolution. They are generally a substantially amended working paper.

11.1 DISTRIBUTION OF DRAFT JUDGMENTSDraft Judgments may be proposed by any Judge. A Draft Judgment must be distributed to all Judges by the Director before it may be introduced. To be distributed, a Draft Judgment must:• be signed by its proposer and seconder• clearly state which Court and agenda item it pertains to• be signed by at least one quarter of the Judges in the Court• follow correct UN Resolution format

be typed and free from errors of spelling and grammarThe directors may, at his or her discretion, reject frivolous or inappropriate Draft Judgments. Having ensured the Draft Judgment is written in accordance with the above requirements, the Directors must display and/or provide copies to the Court.

11.2 INTRODUCTION OF DRAFT JUDGMENTSDraft Judgments are introduced by motion form the floor e.g. motion to introduce Draft Judgment 1.0. If the motion passes and a Draft Judgment is successfully introduced:• the director shall close and suspend the general speakers list• the proposer shall come forward to read the operative clauses• syntactic and semantic amendments shall be made • the proposer shall speak to the Draft Judgment speakers’ list• the seconder shall speak to the Draft Judgment then• the Draft Judgment speakers’ list shall commence with the first speaker again.

11.2.1 DISTRIBUTION OF AMENDMENTSAmendments may be proposed by any Judge. An amendment must be submitted to the director before it may be introduced. Amendments need not be distributed to all Judges, but all Judges must have the opportunity to read an amendment before voting on its introduction. All amendments must:• be signed clearly by the proposer and seconder• clearly identify the clause which they amend

11.2.2 INTRODUCTION OF AMENDMENTSAmendments are introduced by motion from the floor. if an amendment is successfully introduced:• the director shall close and suspend the Draft Judgment speakers list• the proposer shall come forward and read the amendment• questions of clarification shall be entertained• syntactic and semantic amendments shall be made• the Court shall carry out a vote to determine whether or not to debate the amendment; then• if the vote to debate passes, an amendment speakers’ list shall be opened, the proposer shall speak to the amendment, and the amendment speakers’ list shall then commence with the first speaker against; or• if the vote to debate fails, the amendment shall move directly to a vote.11.2.3 AMENDMENTS CONCERNING SPELLING AND GRAMMARThe Director has the discretion to correct minor errors in spelling and grammar. This can be appealed if the Judge believes that alteration has led to substantive changes within the Working Paper, Draft Judgment, Resolution or Amendment.

Formal amendments regarding spelling, grammar, syntax or semantics should only be offered if the effect of the change is substantial. Minor or frivolous amendments will not be entertained. The Director has complete discretion whether or not to accept

such an amendment.

11.3 QUESTIONS OF CLARIFICATIONQuestions of clarification may be asked by the proposer from the floor. They may not be asked so as to induce debate on the Draft Judgment, or to question the proposer’s position on the agenda item.

12. Voting12.1 CLASSES OF VOTE

There shall be two classes of vote: procedural and substantive. All votes on Draft Judgments and amendments shall be substantive. All votes on motions and any other matter shall be procedural. Judges may elect to vote for, against or abstain on substantive votes, but may only vote for or against on procedural votes. Substantive votes on Draft Judgments shall be by roll-call. Substantive votes on amendments shall be by placard vote. All procedural votes shall prima facie be by placard-vote.

12.2 VOTING RIGHTS

Each Judge in the Court shall have one vote.

12.2 PASSING OF PROCEDURAL VOTES

All procedural votes require a simple majority of present and voting Judges to pass.

12.3 PASSING OF SUBSTANTIVE VOTES

Substantive votes shall be passed by simple majority of Judges present and voting. Judges present and voting are those who vote either for or against but not those who abstain.

12.4 PROCEDURE OF PLACARD VOTES

In a placard vote, Judges vote by raising their placard only.

12.5 PROCEDURE OF ROLL-CALL VOTES

The Director shall read out the voting countries in alphabetical order. When a Judge’s Judge is read out, he or she shall reply with “yes”, “no”, or “abstain”.

12.6 CONDUCT DURING VOTING

Note passing will be closed. No points of procedure or motions from the floor will be entertained during voting. A point of order may only be called if the Director has failed

to oversee the vote in accordance with these rules.

12.7 PROXY VOTING

When a Judge is for whatever reason unable to remain in the Court Chamber for a substantive vote, he or she may submit a proxy vote in writing to the Director.

12.8 RIGHT OR RESPONSIBILITY TO DELIVER EXPLANATION OF VOTING

During any substantive vote, a Judge may request or be requested to explain his or her vote. Such requests may be made by the Director or a Judge at the completion of the vote but before the count of votes is announced.

No Judge shall explain an abstention. Explanation may only be requested by another Judge if the vote goes against the known policy of the Judge’s country or is at odds with his or her statements during debate.

A Judge may, on voting, request the opportunity to explain by making a vote “yes, with rights” or “no, with rights”.

The Director has discretion to refuse any request for explanation. Such explanation shall take place before the announcement of results, and shall be made in no more than thirty seconds.

12.9 EQUALLY DIVIDED VOTES

If a vote is equally divided and a simple majority is required, a recount shall be called. If the recount is equally divided

1. Procedural votes shall be taken as failed;

2. Substantive votes shall be suspended and debate resumed until the Director or a Judge moves to return to the vote. If this subsequent vote is also equally divided, the proposal shall be taken as failed.

13. Guide to Court session

1. Open Court session

2. Position statements

3. General speakers list (people can talk about anything they like, where there are no motions for mod/un-mod the session reverts to the general speakers list and continues in order)

4. Moderated caucus to e.g. discuss agenda

5. Unmoderated caucus

6. Mod/un-mod for the rest of the day (Judges working out who their allies are, who needs to be lobbied, start drafting Draft opinions)

7. Draft opinions introduced and debated (has requirements e.g. sponsor, “resolution” language etc)

8. Mod/Unmod to discuss various aspects of working paper, merging of different ideas etc.

9. Draft Judgments introduced (requirements similar to working paper, see point __)

10. Draft res get’s debated in accordance with rules (above)

11. Amendments can be introduced in particular way (above)

12. Voted on - passes or doesn’t

13. End of conference