Bandung Side, Ciumbuleuit – Parahyangan Catholic University (Unpar) came out as the national champion of the International Humanitarian Law Moot Court competition after beating the University of Indonesia in the final round which took place on Sunday (4/11) in Bandung, West Java. Thus, Parahyangan Catholic University will represent Indonesia to compete in similar events at the international level, which will take place in March 2019 in Hong Kong.
The competition was jointly organized by the Faculty of Law Unpar with the International Committee of the Red Cross (ICRC). The competition entitled The 13th Indonesian Round of the International Humanitarian Law Moot Court Competition 2018 (the 13th International Humanitarian Law Moot Court Competition in 2018) took place on 2-4 November 2018 and was attended by 24 best universities from all over Indonesia as participants and 2 other universities as observers.
The participants who participated in the Moot Court Competition 2018 in the Round of Indonesian Humanitarian Law are Airlangga University, Andalas University, Brawijaya University, Gadjah Mada University, University of Indonesia, Islamic University of Indonesia, Riau Islamic University, Atma Jaya Catholic University, Parahyangan Catholic University, Soegijapranata Catholic University, Maranatha Christian University, Lampung University, Surabaya State University, Padjadjaran University, Pancasila University, Pelita Harapan University, University of Education Ganesha, University of Riau, Sebelas Maret University, Syiah Kuala University, Tanjungpura University, Tarumanagara University, Trisakti University, and Udayana University. While the other two universities acted as observers, namely President University and Diponegoro University.
Acting as a Prosecutor and Attorney at the International Level Court
Students who take part in this competition, in addition to being fluent in using English, should also have adequate knowledge of International Law in general, but specifically one of its branches, namely International Humanitarian Law (HHI). HHI is a law that applies at the time of armed conflict, so HHI is often referred to as the Law of War or the Law of Armed Conflict.
This competition uses an imaginary case compiled by the ICRC legal advisory team. The case is the ongoing conflict in Bonham Province. Bonham became part of the Republic of Donka after the end of the foreign colonial era, although in culture, language, religion, and ethnicity, Bonham was precisely the same as one of the neighboring countries, namely the Country Page. Bonham has been experiencing turbulence for a long time and openly expressed its desire to secede from Donka. This effort received support from Page.
To quell the upheaval in Bonham, the Donka Government assigned Colonel Nazir. In one of the military operations, Colonel Nazir allegedly committed a violation of International Humanitarian Law. On this suspicion, efforts were made so that Colonel Nazir could be tried at the International Criminal Court (ICC) in The Hague, the Netherlands. A Pre-trial was held to determine whether the ICC had the authority to try the Colonel Nazir case or not.
In this competition, after reviewing and compiling memorial related to this case since four months ago, participants take turns playing the role of Prosecutor or Advocate/Legal Counsel (Defender). The prosecutor must disclose arguments and legal arguments in support of Colonel Nazir’s violation of HHI and that he is worthy of the trial at the ICC. Whereas Defenders must prove the opposite. Thus, in essence, the participants are acting as Public Prosecutors/Prosecutors at the International Criminal Court (ICC) and Defenders/Suspects Legal Advisers at international level courts.
Not merely a Victory
Dr. Tristam Pascal Moeliono, the Dean of the Faculty of Law Unpar welcomed the appointment of Unpar as the host of this prestigious annual competition. Dr. Tristam also looked at this kind of competition but stressed that victory is not everything.
“This activity should not be viewed solely as a competition arena or merely to show which university is the best. There is something more important than that, namely spreading knowledge about International Humanitarian Law. In addition, building awareness of the importance of HHI for Indonesia must be an essential goal of this competition, “said Dr. Tristam.
Meanwhile, Alexandre Faite, Head of the ICRC Regional Delegation for Indonesia and Timor-Leste revealed that this competition was very important to support Indonesia’s increasingly significant role in the field of International Humanitarian Law at the international level. Here, students can hone their skills in conducting research, writing, and conducting legal advocacy on the various humanitarian impacts of armed conflict or other violent situations, he added.
“Many participants of this competition might choose careers related to HHI, but I believe that knowledge and training related to HHI are useful tools to hone the legal logic of the participants, who might someday be called to be decision makers in various capacities. When that happens, they can bring Indonesia or even the world in a direction that is more prosperous, dignified and humane, “explained Alexandre.
From the case given in this competition, continued Alexandre, participants must be able to resolve the problem of armed conflict because they can cause casualties, damage to cultural buildings, places of worship or protected buildings and even the presence of prisoners.
To become a champion, Parahyangan University must pass two preliminary rounds, quarter-finals, semi-finals, and final rounds. In the semifinals, Parahyangan University defeated Universitas Pelita Harapan, while other finalists, Universitas Indonesia defeated the Indonesian Islamic University.
The following is a complete list of the winners of the 13th International Humanitarian Law Moot Court Competition 2018.
Indonesian National Champion: Parahyangan University
National Runner-Up: University of Indonesia
Semifinalists: Indonesian Islamic University and Pelita Harapan University
Best Oralist: Bagoes Carlvito from Gadjah Mada University
Second Best Oralist: Shannon Tamara from Pelita Harapan University
Third Best ORAL: Audrey Kurnianti from Gadjah Mada University
Best Memorial: Indonesian Islamic University
Second Best Memorial: Atmajaya Catholic University Jakarta
Third Best Memorial: Sebelas Maret University
Spirit of the Moot (the highest ranking newcomer university and showing extraordinary enthusiasm in competing): Maranatha Christian University. ***