Write a Memorial in respect of the current application before the ICJ: Detention and Trial of Major John Smith (Australia v Solomon Islands) (Application Filed 1 June 2007).
You will address the following prayers for relief sought by Australia in their application:
Declarations:
- That in detaining, prosecuting and imprisoning Major Smith Solomon Islands has violated and continues to violate its obligations under the Agreement between Solomon Islands, Australia, New Zealand, Fiji, Papua New Guinea, Samoa and Tonga, concerning the operations and status of the police and armed forces and other personnel deployed to Solomon Islands to assist in the restoration of law and order and security
- That the prosecution, detention and trial of Major Smith violated the obligations of Solomon Islands under the International Covenant on Civil and Political Rights
Orders that:
- Major Smith be pardoned for the offence of manslaughter.
- Major Smith be released from custody and allowed to depart Solomon Islands
- Major Smith be properly compensated
You must familiarize yourself with the application provided and the relevant provisions of Solomon Islands and international law.
Guidance on drafting a Memorial:
According to Article 49 of the International Court of Justice’s Rules of Court (1978) a “Memorial shall contain a statement of the relevant facts, a statement of law, and the submissions.”
It is important to remember the purpose of a Memorial: it is not intended as a balanced or neutral research paper, it is instead designed to persuade the reader of the strength of your arguments and therefore that you should win the case through your written advocacy.
The Memorial should include the following headings:
- Short Introduction (dealing with background, the dispute and jurisdiction): the introduction of the Memorial should be short and functional. The introduction orients the reader to the relevant background and the nature of the dispute.
- Statement of Facts: this should be succinct and should not attempt to set out in extensive detail every single fact. You must save the majority of words for your pleadings.
- The Law: this should be succinct and summarize the relevant law (and be sure to understand the sources of international law).
- Breaches/Allegations: You may title this section however you like but you are essentially making your formal submissions here on why the party is/or is not, liable for a breach of international law. This is the main part of your Memorial.
- Remedy/ies or Relief Sought: set out what you want the Court to decide.
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