Draft Convention and Rules

UNGA RESOLUTION
&
PROVISIONAL DRAFT CONVENTION

ANNUAL SESSION OF THE INTERNATIONAL
LAW COMMISSION© 2011

United Nations
A/RES/65/786

General Assembly Distr.: General
22ndSeptember,2010
U
N
G
A Sixtyfifth session
Agenda items 46 and 120
R
E Resolution adopted by the General Assembly
S
The General Assembly,
O

L Guided by the purposes and principles of the Charter of the United Nations, and
U reaffirming its role under the Charter, including on questions related to
T international peace and security,
I
O Reiterating its strong condemnation of terrorism in all its forms and manifestations,
N committed by whomever, wherever and for whatever purposes, as it constitutes one
of the most serious threats to international peace and security,

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UNGA Resolution ASILC©2011

Recognizing the earlier resolutions on Protection of human rights and fundamental
freedoms while countering terrorism (A/RES/63/185, A/RES/62/159,

A/RES/61/171, A/RES/60/158, A/RES/59/191, A/RES/58/187, A/RES/57/219)
and Human Rights and Terrorism (A/RES/58/174, A/RES/56/160, A/RES/54/164,
A/RES/52/133, A/RES/50/186, A/RES/49/185, A/RES/48/122),

Recalling that, in the 2005 World Summit Outcome, world leaders rededicated
themselves to support all efforts to uphold the sovereign equality of all States,
respect their territorial integrity and political independence, to refrain in their
international relations from the threat or use of force in any manner inconsistent
with the purposes and principles of the United Nations, to uphold the resolution of
disputes by peaceful means and in conformity with the principles of justice and
international law, the right to self‐determination of peoples which remain under
colonial domination or foreign occupation, non‐interference in the internal affairs of
States, respect for human rights and fundamental freedoms, respect for the equal
rights of all without distinction as to race, sex, language or religion, international
cooperation in solving international problems of an economic, social, cultural or
humanitarian character, and the fulfillment in good faith of the obligations assumed
in accordance with the Charter.

Recalling further the mandate contained in the 2005 World Summit Outcome that
the General Assembly should develop without delay the elements identified by the
Secretary‐General for a counter‐terrorism strategy, with a view to adopting and
implementing a strategy to promote comprehensive, coordinated and consistent
responses, at the national, regional and international levels to counter terrorism,
which also takes into account the conditions conducive to the spread of terrorism,

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Reaffirming that acts, methods and practices of terrorism in all its forms and
manifestations are activities aimed at the destruction of human rights, fundamental
freedoms and democracy, threatening territorial integrity, security of States and

destabilizing legitimately constituted Governments, and that the international
community should take the necessary steps to enhance cooperation to prevent and
combat terrorism,

Recognizing that development, peace and security, and human rights are interlinked
and mutually reinforcing,

Bearing in mind the need to address the conditions conducive to the spread of
terrorism,

Affirming Member States’ determination to continue to do all they can to resolve
conflict, confront oppression, global prosperity, good governance, human rights for
all and rule of law, improve intercultural understanding and eradicate ethnic
differences that assume divergent forms,

Keeping in mind the Counter Terrorism Implementation Task Force (CTITF) and
their work on the Basic Human Rights Reference Guide, on The Stopping and
Searching of Persons, dated September 2010,

Noting that International Law Commission is the right forum for codification of laws
based on the Principles of International Law,

1. Requests the International Law Commission, as soon as it considers it
advisable, to undertake the codification of the Principles of International Law
that need to be addressed in furtherance of the resolution adopted by the
General Assembly in its Sixtieth Session;

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2. Urges the International Law Commission to undertake the codification of the
principles enshrined in the resolution adopted by the General Assembly in its
Sixtieth Session in a manner that it constitutes a Draft Convention for
Compliance with Human Rights and Rule of Law in Counter Terrorism
Measures;

3. Requests the ILC to incorporate into the resultant Draft Convention measures
to ensure the respect for the human rights for all and the rule of law as the
fundamental basis of the fight against terrorism;

4. Recommends that the ILC codify the laws keeping in mind the Principles of
Human Rights in particular and International Law in general;

5. Decides to remain actively seized of this matter.

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P PROVISIONAL Draft Convention
for
R
Compliance with Human Rights and Rule of Law in
O Counter Terrorism Measures
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N

A

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Draft Convention for Compliance with Human Rights and Rule of Law in Counter Terrorism
T Measures
International Law Commission

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Provisional Draft Resolution ASILC©2011

Draft Convention
for
Compliance with Human Rights and Rule of Law in Counter Terrorism
Measures

The States Parties to the present Convention,

Affirming that acts, methods and practices of terrorism in all its forms and
manifestations are activities aimed at the destruction of human rights, fundamental
freedoms and democracy, threatening territorial integrity, security of States and
destabilizing legitimately constituted Governments, and that the international
community should take the necessary steps to enhance cooperation to prevent and
combat terrorism,

Recognizing the right to liberty and security of all persons,

Desiring that the States shall respect and ensure the full enjoyment of these rights by
all persons within their jurisdiction,

Ensuring that any limitation must be provided by law, be non‐discriminatory,
necessary and proportional,

Convinced that the right to personal integrity and dignity mandates an absolute
prohibition of torture and other cruel, inhuman or degrading treatment,

Bearing in mind that the principles of equality and non‐discrimination are both
integral to international human rights law, and crucial for effectively countering
terrorism,

Keeping in mind the principle of legality, the principle of legitimate purpose,
necessity, proportionality, equality, and non discrimination as the central tenets of
human rights law,

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Reaffirming that in a very limited set of circumstances, States may also take
measures to derogate from certain human rights provisions, in the event of which,
they must remain within the framework of international human rights law,

Realizing that the protection of public order and safety, national security are
legitimate objectives for the restriction of human rights under the International
Law,

Taking into consideration that convention against torture is lex specialis with regards
to torture and cruel inhuman degrading treatment,

Recognizing the earlier resolutions on Protection of human rights and fundamental
freedoms while countering terrorism (A/RES/63/185, A/RES/62/159,
A/RES/61/171, A/RES/60/158, A/RES/59/191, A/RES/58/187, A/RES/57/219)
and Human Rights and Terrorism (A/RES/58/174, A/RES/56/160, A/RES/54/164,
A/RES/52/133, A/RES/50/186, A/RES/49/185, A/RES/48/122),

Taking note of the work of Counter‐Terrorism Implementation Task Force (CTITF),

Taking into account the request made by the General Assembly to the International
Law
Commission to commence codification of Laws on the subjects mentioned in its
Resolution 786 adopted in its Sixty Fifth Session,

The Member States hereby adopt the following Convention,

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PART I
GENERAL PROVISIONS
Article 1 Use of Terms
1. “Terrorism” means a person’s or a group of persons’ unlawfully and
intentionally causing or threatening to cause violence by means of firearms,
weapons, explosives, any lethal devices or dangerous substances, which results,
or is likely to result in death or serious bodily injury to a person or a group of
persons or serious damage to property ― whether for public use, a State or
Government facility, a public transportation system or an infrastructure facility.
Acts of terrorism shall also include such person’s attempt to commit such an
offense, participate as an accomplice in the commission of such an offense, or in
organizing or directing others to commit such an offense, or in contributing to
the commission of such an offense.

2. “Terrorist” means a person who commits an offence or is an accomplice to an
offence, directly or indirectly, mentioned in Paragraph 1. A terrorist is also any
person also commits an offence, if that person makes a credible and serious
threat to commit an offence as set forth in paragraph 1 of the present article, or a
person who attempts to commit an offence set forth in paragraph 1.

3. “Law Enforcement Officials” means all officers of the law, whether appointed or
elected, who exercise police powers, especially the powers of arrest and
detention.
(a) In countries where police powers are exercised by military authorities,
whether uniformed or not, or by State security forces, the definition of law
enforcement officials shall be regarded as including officers of such powers.
(b) Similarly, when States delegate police powers to civilian contractors, these
contractors shall also be regarded as law enforcement officials.

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(c) Further, all Intelligence Services, including all State institutions that
undertake intelligence activities pertaining to national security, shall also be
regarded as law enforcement officials.

4. The “stopping and searching” of persons are two interrelated, but distinct acts.
As such, their legality, necessity and proportionality must be individually
justified to ensure their compatibility with human rights law.
(a) A “stop” is the act by which a law enforcement official requires a person, in a
public space, to account for himself.
(b) A “search” is the act that may follow a stop, by which a law enforcement
official or any person authorized by the law, inspects a person and the area
immediately within that person’s control, including clothes, any objects being
carried or a vehicle.

5. “Public order” means the sum of rules which ensure the functioning of society or
the set of fundamental principles on which society is founded including the
respect for human rights (ordre public).

6. “Profiling” means the systematic association of sets of physical, behavioural or
psychological characteristics with particular offences and their use as a basis for
making law enforcement decisions.

7. "States Parties" means States which have consented to be bound by this
Convention and for which this Convention is in force.

8. “Accomplice” is a person who becomes guilty in the crime of another
person/people, by knowing and voluntary aiding the other to commit the
offence. Accomplice includes an accessory or an abettor. The “accessory” aids the
criminal prior to his crime, whereas the “abettor” aids him during the crime.

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9. "Torture" means any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as obtaining from
him or a third person information or a confession, punishing him for an act he or
a third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other
person acting in an official capacity.

Article 2 Objective
The objective of this convention is to establish measures to ensure respect for
human rights for all and the rule of law as the fundamental basis of the fight against
terrorism.

Article 3 Application
1. The Present Convention applies to all situations dealing with treatment of
suspected terrorist and any measures employed to combat terrorism.

2. Notwithstanding anything stated in paragraph 1, the present Convention shall
not apply where the act of terrorism is committed or is about to be committed
within a single State, the alleged terrorist and the victims are nationals of that
State and the alleged terrorist is found in the territory of that State.

Part II
Article 4 General Principles
1. The decision to employ any measures of counter‐terrorism must at all times be
consistent with international human rights law. The decision must be necessary
to prevent acts of terrorism or apprehend those who participate in acts of
terrorism, it must be authorised by law, and it must not have a disproportionate
or discriminatory impact upon the lives of ordinary citizens.

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2. The implementation of counter‐terrorism should be carried out in a manner
consistent with the inherent dignity of the person and international human
rights law. No one shall be subject to unlawful or arbitrary deprivation of liberty
in the implementation of counter‐terrorism measures.
3. All counter‐terrorism measures, including the stopping and searching of
persons, must respect the principles of equality and non‑discrimination. Any
difference in treatment, including through profiling practices, must be supported
by objective and reasonable grounds.
4. The prohibition of racial discrimination is a peremptory norm of international
law from which no derogation is permitted. The principle of non‐discrimination
shall be observed in all matters, in particular in those concerning liberty,
security and dignity of the person, equality before the courts and due process of
law, as well as international cooperation in judicial and police matters in these
fields.
5. States shall ensure the proper and effective implementation of laws through
precise and strict guidelines regulating inter alia searching of persons. All
requests made by law enforcement officials to employ methods to counter
terrorism must in all circumstances meet the standards of necessity and
proportionality.
6. Any person who is taken into custody or regarding whom any other measures
are taken or proceedings are carried out pursuant to the present Convention
shall be guaranteed fair treatment, including enjoyment of all rights and
guarantees in conformity with the law of the State in the territory of which that
person is present and applicable provisions of international law, including
international human rights law and, in particular, the Standard Minimum Rules
for the Treatment of Prisoners.

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PART III
Emergency Provision
Article 5 Permitted Derogations
1. Notwithstanding anything contained in any provisions in Part II of this
Convention or any international treaty or convention for time being in force,
States may legitimately limit the exercise of certain rights, including the right to
freedom of movement and the right to privacy.
2. Limitations must be prescribed by law and in pursuance of one or more specific
legitimate purposes. Such limitations must also be both necessary and
proportionate. These requirements mandate that States shall use the least
restrictive means for the achievement of the objective sought.
3. Limitations imposed for the protection of national security must be necessary to
avert a real and imminent not just hypothetical danger to the existence of the
nation, its territorial integrity or political independence. The measures and their
implementation must be in strict compliance with the principles of equality and
non‑discrimination

Article 6 Use of force and Enhanced Interrogation Techniques
1. State agents conducting counter‐terrorism measure shall not make use of force
and/or enhanced interrogation techniques unless it is strictly necessary and
only to the extent required by the circumstances. Force and/or enhanced
interrogation techniques shall be used exclusively for lawful law enforcement
purposes and no exceptions or excuses shall be permitted for the unlawful use of
force and/or enhanced interrogation techniques. Non‐violent means shall be
attempted first; force and/or enhanced interrogation techniques may be used
only when strictly necessary, including, in cases to prevent a particular serious
threat. The measures and their implementation shall not amount to torture
under any circumstance.

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PART IV
Compliance and Enforcement
Article 7 Compliance and Enforcement by State Parties
1. The mandates of law enforcement officials relating to counter terrorism measure
shall be narrowly and precisely defined in a publicly available law by all member
states. Mandates shall be strictly limited to protecting legitimate national
security interests as outlined in publicly available legislation or national security
policies, and identify the threats to national security that law enforcement
officials are tasked to address.
2. The powers and competences of law enforcement officials shall be clearly and
exhaustively defined in national laws. Members should ensure that law
enforcement officials shall use these powers given for the purposes of counter‐
terrorism exclusively for these purposes.
PART V

NON PARTIES
Article 8 Nonparties to this Convention
States Parties shall encourage non‐parties to this Convention to become parties
thereto and to adopt laws and regulations consistent with its provisions.
PART VI
GOOD FAITH
Article 9 Good faith and abuse of rights
States Parties shall fulfil in good faith the obligations assumed under this
Convention and shall exercise the rights recognized in this Convention in a
manner which would not constitute an abuse of right.

PART VII
RESPONSIBILITY AND LIABILITY
Article 10 Responsibility and Liability under the Convention
States Parties are liable in accordance with international law for damage or loss
attributable to them in regard to this Convention.

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PART VIII
REVIEW CONFERENCE

Article 11 Review Conference
1. Four years after the date of entry into force of this Convention, the Secretary‐
General of the United Nations shall convene a conference with a view to
assessing the effectiveness of this Convention in securing measures to ensure
respect for human rights for all and the rule of law as the fundamental basis of
the fight against terrorism. The Secretary‐General shall invite to the conference
all States Parties and those States which are entitled to become parties to this
Convention as well as those intergovernmental and non‐governmental
organizations entitled to participate as observers.
2. The conference shall review and assess the adequacy of this Convention and, if
necessary, propose means of strengthening the substance and methods of
implementation of those provisions in order better to address any continuing
problems in the measures to ensure respect for human rights for all and the
rule of law as the fundamental basis of the fight against terrorism.

PART IX
PEACEFUL SETTLEMENT OF DISPUTE

Article 12 Procedures for judicial settlement, arbitration and conciliation
1. The parties shall seek a solution through the means indicated in Article 33 of the
Charter of the United Nations.
2. If no solution has been reached within a period of 12 months following the date
on which the objection was raised, any one of the parties to a dispute concerning
the application or the interpretation of any article may, by a written application,
submit it to the International Court of Justice for a decision unless the parties by
common consent agree to submit the dispute to arbitration.

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PART X
FINAL PROVISIONS
Article 13 Signature
This Convention shall be open for signature by all States and shall remain open for
signature at United Nations Headquarters for 12 months from the xxxxx date on
which the convention was adopted.
Article 14 Ratification
This Convention is subject to ratification by States. The instruments of ratification
shall be deposited with the Secretary‐General of the United Nations.
Article 15 Accession
This Convention shall remain open for accession by States. The instruments of
accession shall be deposited with the Secretary‐General of the United Nations.
Article 16 Entry into force
1. This Convention shall enter into force 30 days after the date of deposit of the
thirtieth instrument of ratification or accession.
2. For each State which ratifies the Convention or accedes thereto after the deposit
of the thirtieth instrument of ratification or accession, this Convention shall enter
into force on the thirtieth day following the deposit of its instrument of ratification
or accession.
Article 17 Provisional application
1. This Convention shall be applied provisionally to a State which consents to its
provisional application by so notifying the depositary in writing. Such provisional
application shall become effective from the date of receipt of the notification.
2. Provisional application by a State or entity shall terminate upon the entry into
force of this Convention for that State or entity or upon notification by that State or
entity to the depositary in writing of its intention to terminate provisional
application.
Article 18 Reservations and exceptions
No reservations or exceptions may be made to this Convention.
Article 19 Declarations and statements

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Article 18 does not preclude a State, when signing, ratifying or acceding to this
Convention, from making declarations or statements, however phrased or named,
with a view, inter alia, to the harmonization of its laws and regulations with the
provisions of this Convention, provided that such declarations or statements do not
purport to exclude or to modify the legal effect of the provisions of this Convention
in their application to that State or entity.
Article 20 Relation to other Conventions
1. This Convention shall not alter the rights and obligations of States Parties which
arise from other Conventions compatible with this Convention and which do not
affect the enjoyment by other States Parties of their rights or the performance of
their obligations under this Convention.
2. Two or more States Parties may conclude Conventions modifying or suspending
the operation of provisions of this Convention, applicable solely to the relations
between them, provided that such Conventions do not relate to a provision
derogation from which is incompatible with the effective execution of the object and
purpose of this Convention, and provided further that such Conventions shall not
affect the application of the basic principles embodied herein, and that the
provisions of such Conventions do not affect the enjoyment by other States Parties
of their rights or the performance of their obligations under this Convention.
3. States Parties intending to conclude a Convention referred to in paragraph 2 shall
notify the other States Parties through the depositary of this Convention of their
intention to conclude the Convention and of the modification or suspension for
which it provides.
Article 21 Amendment
1. A State Party may, by written communication addressed to the Secretary‐General
of the United Nations, propose an amendment to this Convention and request the
convening of a conference to consider such proposed amendment. The Secretary‐
General shall circulate such communication to all States Parties. If, within six
months from the date of the circulation of the communication, not less than one half
of the States Parties reply favourably to the request, the Secretary‐General shall
convene the conference.

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Article 22 Denunciation
1. A State Party may, by written notification addressed to the Secretary‐General of
the United Nations, denounce this Convention and may indicate its reasons. Failure
to indicate reasons shall not affect the validity of the denunciation. The denunciation
shall take effect one year after the date of receipt of the notification, unless the
notification specifies a later date.
2. The denunciation shall not in any way affect the duty of any State Party to fulfil
any obligation embodied in this Convention to which it would be subject under
international law independently of this Convention.
Article 23 Depositary
The Secretary‐General of the United Nations shall be the depositary of this
Convention and any amendments or revisions thereto.
Article 24 Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention
are equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized
thereto, have signed this Convention.

OPENED FOR SIGNATURE at ___________, in a single original, in the Arabic, Chinese,
English, French, Russian and Spanish languages.

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PART I
1. INTRODUCTION
These Rules will be henceforth known as the Annual Session of the International Law
Commission © 2011 Official Rules.
R 2. PARTICIPATION AND ELIGIBILITY
U 2.1. Team Member Eligibility
All students of any university on a full‐time or part‐time basis in a 3‐year LLB course or a 5‐
L year integrated BA/ BSC/ BCOM/ BLS LLB at the time of the competition are eligible to
compete in the Competition.
E
2.2. Team Composition and Selection
S Each team will consist of two members. Each team shall be assigned a country for the
purpose of adherence to procedure. However, neither the critique (written comment)
presented nor the oral rounds of deliberation must reflect a geo‐political stand. Change in
F team composition shall not be permitted once the names are registered with SPIL‐Mumbai,
O except at the sole discretion of the organizers
R 2.3. Outside Assistance to Teams
All research, writing and editing must be solely the product of Team members.

3. CLARIFICATIONS OF THE COMPETITION CASE FILE OR RULES
A Teams may submit written requests for clarifications of the Draft Convention and Draft
S Resolution or these Rules. Requests for such Clarifications must be received by the SPIL‐
I Mumbai by 15th December, 2010. Teams may submit requests for clarifications by email
to spilmumbai@gmail.com. All clarifications to legitimate requests will be summarized
L and emailed to the participants within 3 days of their request.
C
4. TEAM REGISTRATION
4.1 Registering Names of Team Members
Each Team shall submit all Team members' names to spilmumbai@gmail.com. by 30th
November 2010. SPIL‐ Mumbai shall intimate the concerned team of the receipt of the
application.
Team members' names shall be clearly typed in the mail, with attention given to the
spelling of each Team member's name. Names shall appear in the manner that Team
members wish them to appear on their participation certificates.
The mail should be followed by the registration form sent to the Universities/ College (also
available online) with the required details and stamp of the college/ university.
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Rules ASILC© 2011
Registration fees‐ The registration fees for Annual Session of the International Law
Commission is Rs.750. The demand draft drawn in favor of “SPIL Government Law College
Mumbai” along with registration form should be submitted before 30th November, 2010 to
the following address

Manali Sangoi
767, Samarth Prasad,
Dr. Ghanti Road, Parsi Colony, Dadar (tt)
Mumbai14
Mobile No +91 9869777979
You may alternately communicate with: Ms. Akanksha Tiwary (+91 9920335751). Kindly
intimate the details of the demand draft by an e‐mail
4.2. Team Number as Identification
Team Code shall be given to each of the participating teams. Names of Participants, or
Colleges or Universities ought not to be mentioned anywhere in the Critique. Team Codes
shall be communicated to all the participants in due course of time
PART II

5. RULE FOR THE CRITIQUE (Written Comment)
5.1. Submission of the Critique
All Critique submissions must conform to the following general requirements. Teams will
be penalized for failure to abide by these requirements.
Each team shall prepare a critique. Judgment must be e‐ mailed to spilmumbai@gmail.com
on 15th January 2011 by 11.59 pm. Once submitted to SPIL‐Mumbai, the critique may not
be altered.

Eight (3) hard copies of the Judgment post marked 15th of January, 2011 should be sent to:
Manali Sangoi
767, Samarth Prasad,
Dr. Ghanti Road, Parsi Colony, Dadar (tt)
Mumbai14
Mobile No +91 9869777979
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Rules ASILC© 2011

5.2. Format of the Critique
1. Critique must be typed and reproduced on white standard A4 paper (21 x 29 3/4
centimetres) except for the covers, where coloured paper must be used. The font and
size of the text of all parts of the Critique, including the footnotes, must be the same and
must be in Times New Roman 12‐point. ( except cover page)
2. The text of all parts of each Critique must have one and a half spacing, except that (a)
the text of footnotes and headings may be single‐spaced.
3. There must be double‐spacing between separate footnotes, between each heading and
the body‐text of the critique
5.3. Description of the Critique
Length
The length of the critique should not exceed 3000 words
Synopsis
The Critique must contain an enumeration of the specific articles of the Provisional Draft
Convention that the team has criticized, or approved (if the team has taken any other stand
in the Written Comment, please mention) in their Written Comment. This synopsis is for
organizational purposes. Thus, the word limit is not inclusive of the synopsis
Margins
Each page of the critique shall have margins of at least one inch, or two point six (2.6)
centimetres, on all sides, excluding page numbers.
Cover Page
The cover page chosen for critique is to be similar to that of the this document. The heading
should be ‘Critique on the Draft Convention for Compliance with Human Rights an Rule of
Law for Counter Terrorism. The end of the page should have the Team Code provided.
Binding
Critique must be fastened by viro binding along the left side. No other form of binding
including stapling or book‐binding is permitted.
5.4. The Critique will be judged on the following grounds:

1. Appreciation and critique the Provisional Draft Convention 20 marks
2. Application of Legal Principles 20 marks
3. Use of authorities and citation 10 marks
4. Analysis and Organisation 40 marks
5. General Impression 10 marks
Total : 100 marks
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Rules ASILC© 2011
5.5. Delay in the Critique
Critique postmarked after the deadline as designated shall be penalized five (5) points.
5.6. Extreme Delay in Mailing Critique
Critique shall be penalized three (3) points per day, in addition to the initial five (5) points
described in Rule 1.6. for delay up to an additional five (5) days. Critique not submitted
within six (6) days of the deadline shall not be judged, and automatically be disqualified.
5.7. Other Mandatory Judgment Penalties
Penalties shall be assessed for violations of other Rules concerning the Critique by
reference to the following table:
1. Font of inconsistent size, improper line spacing, or improper format of block quotations :
2 points per violating page, up to a total of 10 points
2. Excessive length of Critique : 1 point per 10 words exceeded

PART III

6. Structure for the Oral Rounds
1. During the ASILC the participants will play a role of the members of the ILC. The
proceedings shall be in a form of group discussion, to be presided over by the Special
Rapporteur(s), according to an agenda defined and notified to the participants through
Email, prior to the competition. This agend shall be identified based upon the perusal of
the Critique submitted by participants. The agenda will be accompanied by a
compilation of the critiques of the fellow participants.

2. The session shall commence after an introductory address by the Special Rapporteur(s)
of the issue at hand, wherein all members (a team represents one member) will be
allowed a predetermined period of time to deliver their opening address, to make clear
their stand on the issue. Thereafter, there shall be an item‐wise progress of all the
matters on the agenda. The speakers of each team can change role itemwise but two
speakers cannot participate orally in the same item on the agenda.

3. The time period for each item shall be proposed by the members of the ILC during
their opening address. Subject to the discretion and judgment of the Special
Rapporteur(s) the time frame per item on the agenda will then be announced. The
decisions of the Rapporteur(s) in all matters shall be final and binding on all
participants.

4. Participants are allowed at any point in the course of the session to change their stand.
Please note that this is a session to be moderated by the Special Rapporteur(s), and
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Rules ASILC© 2011
therefore, all comments, observations and contrarian views may be expressed at any
point, with the consent and permission of the Special Rapporteur(s).

5. The Special Rapporteur(s) and three observing judges will be marking the proceedings
of the session. Each team will be assessed on their combine performance. The Special
Rapporteur(s) will also elect one participant as the best member on his observation of
the session based solely of his/their discretion.

6.1. The team marking criteria for Oral Deliberations (per Judge)
1. Marshalling of resources and Articulation of issues 15 marks
2. Presentation Skills and General Etiquette 20 marks

3. Use of authorities and precedents 20 marks

4. Legal analysis and persuasiveness. 20 marks
5. Ability to take lead and control the group 15 marks
6. Innovative thinking 10 marks
Total : 100 marks

Part IV

7. Dress Code
The teams are expected to follow a strict dress code of western formals.

Awards
Following are the prizes for this edition of the competition:

Best Team: INR 15,000

Runner up Team : INR 10,000

Best Member: INR 10,000

Best Critique: INR 7,500

Best Team
The which secures the highest cumulative points (Critique and oral marks) shall be
awarded Best team

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Rules ASILC© 2011
Runnerup Team
The which secures the second highest cumulative points (Critique and oral marks) shall
be awarded runner‐up team

Best Member
The Best Member prize is an individual award which will be presented to the participant
who is nominated by the Special Rapporteur(s) as the Best participant at the session.

Best Critique
The Best Critique will be presented to the team that secures the highest marks after
assessment of their legal critique of the Provisional Draft Convention.
Prize winners will also be given certificates for the same along with the certificates for
participation. Participation certificates will only be distributed at the Valedictory Function
and teams not present to collect them will not be entitled to receive the certificates
subsequently other than in special circumstances. Winners also will receive trophies
and other prizes.

9. ACCOMODATION

Accomodation will be provided for the participating teams for the competition period.
Teams are supposed to arrive on 4th February 2011

Note: A Team consists of two (2) Members. Observers and extra members will not be
considered part of the team. The participating teams will be received by the volunteers of
the Organizers at their respective venues of arrival. To enable the organizers to do the
same, please provide prior intimation of your travel details.

Participants are requested to kindly mail their travel details to SPIL‐Mumbai on
spilmumbai@gmail.com on or before January 20, 2011. Any subsequent changes made to
the travel plans should also be intimated to SPIL‐Mumbai

Participants must provide SPIL‐Mumbai with one E‐mail address to facilitate vital
communication. That Email id shall be used for the purpose of intimating important
information from time to time by SPIL‐Mumbai in connection with the Competition.
Information communicated to that e‐mail address will be deemed to have been
communicated to both the participants.

All communication with SPIL‐Mumbai must be addressed to the following E‐mail address:
spilmumbai@gmail.com

MISCELLANEOUS

1. If any one of the members of a team be notified / informed of any detail or information, it
shall be deemed as if the said team as a whole has duly been notified / informed.
23

Rules ASILC© 2011

2. In case of any doubt in either understanding any of the details or interpreting them, the
decision taken by SPIL‐Mumbai shall be final and binding.

3. Rules should be strictly adhered to. Any deviation thereof can attract penalties and
maybe even disqualification.

4. SPIL‐Mumbai shall resolve unanticipated or unexpected contingencies, if any, and the
decision in this regard shall be final and the acceptance of any such decisions is a
precondition to participation in the Competition.

5. Any reference to time will be construed as a reference to Indian Standard Time.

CONTACT US:
Sneha Nagvekar
President
Students for the Promotion of International Law, Mumbai
Government Law College, Mumbai
A Road, Churchgate.
Mumbai‐ 400 020
Maharashtra‐ India
Mobile No‐ +91 9819067433
Email: spilmumbai@gmail.com
Website: www.spilmumbai.com

Akansha Tiwary Malhar Zatakia
Coordinator Coordinator
+91 9920335751 +91 9987073959

24

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