Sana YAMAMOTO (B3)
On December 1st, 2024, I participated in the preliminary round of the International Humanitarian Law Moot Court Competition, organized by the International Committee of the Red Cross (ICRC). It was my first time attending this event, and it was an incredible experience working alongside my talented teammates—Haruka Yokoi, Ouka Yoshida, and Saya Miyoshi.
As part of the prosecution team, Ouka Yoshida and I focused on building a case against the accused, who was charged under Articles 25(3)(c) and 25(3)(d) of the Rome Statute. These charges stemmed from his involvement in acts that led to direct attacks on civilians and civilian objects, in violation of Articles 8(2)(e)(i) and 8(2)(e)(ii). On the other hand, Haruka Yokoi and Saya Miyoshi represented the defense, working hard to counter the prosecutor's arguments.
We received the case scenario from the ICRC in July and immediately dived into research, reviewing legal commentaries and engaging in detailed discussions to understand the complex legal issues at play. One of the most challenging aspects was interpreting Articles 25(3)(c) and 25(3)(d), which address the criminal liability of individuals who aid or abet crimes rather than directly commit them. The case also presented new and challenging topics like using AI in indiscriminate attacks and protecting hospitals under international laws that have yet to be fully explored in case law. While this added complexity to our task, it was also a great learning opportunity. I spent considerable time piecing together the facts, legal precedents, and nuanced arguments to construct a compelling case.
By early November, we had completed our written memorial and shifted focus to preparing for the oral arguments. At first, we practiced our arguments in Japanese, which helped us clarify the key points of our arguments. This phase was challenging since I struggled to articulate my points effectively during oral presentations. However, I gradually improved my delivery through repeated practice and became more comfortable responding to potential questions. Memorizing my arguments was another challenge. I did not fully commit them to memory until the night before the competition. Fortunately, thanks to the constructive feedback from Professor Fuji, my teammates, and members of our seminar, I was able to refine my arguments right up to the final presentation, which left me feeling much more confident.
On the day of the online preliminary round, December 1st, the defense team presented first and did a fantastic job, which helped calm our nerves. When it was my turn to present, I felt the weight of responsibility and a sense of determination. Although I relied on my notes occasionally to respond to the judges' questions, it was the first time we had managed to address every question from the judges. The time waiting for the results felt endless, but unfortunately, we did not advance to the semi-finals at Waseda University. Even so, I am very proud of our performance during the preliminary round. We gave it our all, and that was what mattered most.
A week later, I observed the final round at Waseda University and was blown away by the skill level of the participants. Their ability to answer tough questions with confidence and fluency was incredibly inspiring. Watching them made me realize the importance of understanding the intention behind the judge's questions—something I will strive to incorporate into my approach in future competitions. After the final round, I attended a reception where participants and judges exchanged feedback and experiences. It was a valuable opportunity to learn from others' perspectives and share our own. Reflecting on the competition, I realized there were several areas where I could improve: analyzing every detail of the scenario more thoroughly, crafting more apparent core arguments, backing claims with more substantial legal evidence, and delivering my points at a well-paced, confident rhythm.
I am deeply grateful to Professor Fujii for his guidance and my seminar members' unwavering support throughout this journey. Although we did not attend the semi-finals, this experience was enriching. The lessons I learned and the bonds we formed as a team will stay with me, and I am more motivated than ever to pursue a career in international legal advocacy.
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