PHILIPSBURG -- After a Friday afternoon filled with pleadings, arguments and rebuttals in a high-profile and legally highly complicated case involving crimes against humanity and human rights violations, the legal team of St. Dominic High School emerged as winners in the first SXM Moot Court Competition for high school students.

 

They received a trophy from Prime Minister Marcel Gumbs.

 

Against the opposition of students of Learning Unlimited (LU) Preparatory School, Caribbean International Academy (CIA), St. Maarten Academy (SMA) and two teams of Milton Peters College (MPC), St. Dominic argued its way to an appearance before judges of the International Criminal Court during the week of January 16, 2016, during a preliminary hearing before judges at the Courthouse on Friday.

 

The St. Maarten Moot Court Foundation, founded by attorney Willem Nelissen, in close cooperation with Lexwell Attorneys at Law, organised this first competition for high school students to show their skills in the courtroom.

 

Head to head

During the court session, the start of which was witnessed by Governor Eugene Holiday, the three-member school teams went head to head as the defence and prosecution in mock proceedings in a case involving blood diamonds and enslavement.

 

Students argued their sides of the case based on international criminal law as applied by the International Court of Justice seated in The Hague. The pleadings were in English, as it will be in the international competition.

St. Maarten's sitting judges Maria Paulides and Mauritsz de Kort and deputy judges Wally Havertong and Hendrich Seferina of the Joint Court of Justice determined the winning team of the competition. The hearings were presided over by Judge Katja Mans.

 

The winning team, which consists of St. Dominic students Manaar Mohammed, Tatia Brunings and Iris Hakkens, advised by legal expert Roy Moes, will head to Peace Palace in The Hague to appear and argue a case in front of judges of the International Court of Justice and other international tribunals stationed in that city in next year's High School International Moot Court.

 

The St. Maarten team will compete against teams from some 18 countries, among which are teams from the Netherlands, United States, Russia, China, Germany, Argentina, Poland, Venezuela, Bulgaria, Georgia, Romania, South Africa and Sweden.

 

Funding is available to send three students to The Hague, but considering that delegations may consists of as many as eight students, Judge Paulides called on sponsors to make it possible to send five more "eloquent winners" to the Netherlands.

 

Blood Diamonds

Friday's case, called "Blood Diamonds," was made available by the Justice Resource Centre and the City of The Hague. The case concerned a businessman accused of committing crimes against humanity by enslaving workers at his diamond mines in the Republic of Euphoria, which was torn by civil war.

 

The country was embroiled in a bitter civil war between the Dinka, a majority ethnic group, and the Zema, a minority group living in the interior mountain region provinces which are rich with natural resources.

 

Chief Executive Officer of Zokia Limited Joseph Bombi arranged with the government of Euphoria to operate diamond mines in return for sharing proceeds.

 

Members of the prosecution argued that the evidence demonstrated that Bombi's conduct met the elements of the crime against humanity of enslavement under Article 7 of the Rome Statute and that the Court was able to proceed to a full trial.

 

The defence lawyers claimed that the evidence showed that Bombi had attempted to save Zema individuals from the horrors of so-called security camps and had tried to rescue as many Zema as he could under the circumstances of the devastating civil war.

 

Blown away

During the prize-giving ceremony at Holland House beach hotel, members of the judge's panel praised the high level of all competitors and said they were "blown away" by the presentations of the young legal minds, which had exceeded their expectations by far. "All of you are eligible to go to The Hague," Paulides said.

 

Students had two months' time, during the final-exam period, to prepare their cases. They were assisted and advised by lawyers, judges and other legal experts.

 

In describing the different teams, Mans said the presentation of MPC 1 had been "down to earth. It set the standard for the rest. They clearly came well prepared and were a pleasure to listen to."

 

CIA had been "passionate and compelling" in their arguing, whereas SMA was praised for their good knowledge of the case file and the law. St. Dominic excelled in good teamwork, while LU stood out by their "fierceness" and knowledge. MPC 2 was described as "eloquent" and had responded well to their opponents and to questions by judges, said Mans.

 

The prize for best speaker, two airline tickets to a Winair destination of choice, went to Hailey Greaux (SMA).

 

The Daily Herald

 

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