Preparing Effective Legal Submissions

Steps to Prepare Effective Legal Submissions

1. Understand the Submission Requirements

Before drafting your submission, it is crucial to familiarize yourself with the specific requirements of the international body to which you are submitting. This ensures that your submission meets all necessary criteria.

• Know the Rules: Each international body has its own procedural rules that you must follow. For instance, the European Court of Human Rights (ECHR) requires that applicants submit their cases in one of its official languages (English or French) and that all domestic legal remedies have been exhausted before a case can be considered.

  • Practical Step: Visit the ECHR website and access the “Guide on Article 34,” which details the requirements for individual applications. Take note of important points, such as the need for a clear statement of the facts and the legal basis for your claim.

• Formatting Guidelines: Check for specific formatting requirements, such as page size, font type, and other presentation criteria. The UN Human Rights Committee has particular requirements regarding the length and format of individual communications.

  • Example: The UN Human Rights Committee specifies that submissions should not exceed 50 pages, including any annexes. Use a standard font like Times New Roman, size 12, with 1.5 line spacing. Make sure to number the pages sequentially.

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2. Research Relevant Legal Frameworks

Understanding the legal frameworks applicable to your submission is essential for constructing a robust argument.

• Identify Relevant Laws and Treaties: Research international treaties, conventions, and customary international law that pertain to your case. For instance, if your submission is to the UN Committee on the Elimination of Discrimination Against Women (CEDAW), familiarize yourself with the Convention on the Elimination of All Forms of Discrimination Against Women.

  • Practical Step: Access the full text of CEDAW here. Take notes on specific articles that directly relate to your submission's issues, such as Article 1, which defines discrimination against women.

• Case Law: Review relevant case law from the international body or related jurisdictions that may support your arguments. Understanding how previous cases similar to yours were adjudicated can provide valuable precedents.

  • Example: For a case involving freedom of expression, refer to relevant decisions from the ECHR, such as Handyside v. the United Kingdom (1976), which upheld the principle of free speech. Analyze the court's reasoning and how it may apply to your situation.

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3. Drafting the Submission

A well-structured submission is crucial for clarity and persuasiveness. Follow these steps to create a coherent document:

• Title Page: Include a title that clearly indicates the subject of your submission, along with your name, position, and contact information.

  • Example: "Submission to the UN Human Rights Committee Regarding Violations of the ICCPR by [State Name]. Prepared by [Your Name], [Your Title], [Your Organization]."

• Introduction: Clearly state the purpose of your submission, including a brief overview of the issues being addressed. This section sets the stage for your arguments.

  • Example: "This submission addresses the allegations of human rights violations against [Client's Name] under Article 19 of the ICCPR, concerning the right to freedom of expression. The submission highlights the state’s actions that have resulted in the suppression of peaceful protests."

• Factual Background: Provide a concise summary of the relevant facts, ensuring that they are presented in a logical and chronological order. Make this section as clear and straightforward as possible.

  • Example: "On [Date], [Client's Name] was detained by state authorities for participating in a peaceful protest advocating for political reforms. Despite being released after 48 hours, [he/she] faced ongoing harassment from law enforcement, including threats and intimidation."

• Legal Arguments: Present your legal arguments clearly, using headings and subheadings to organize your points. Support your claims with evidence, including references to applicable law, case law, and factual documentation.

  • Example Structure:

    • Violation of Article 19: Discuss how the actions of the state constitute a violation of the right to freedom of expression.

      • Supporting Evidence: Include testimonies from witnesses, police reports, and media articles documenting the protest and subsequent actions taken against your client.

    • Legal Precedents: Cite relevant case law that supports your interpretation of Article 19, showing how similar situations have been adjudicated.

• Conclusion: Summarize your key points and clearly state what you are requesting from the international body. Be specific about the actions you want the body to take.

  • Example: "In light of the above, we respectfully request that the Committee urge [State Name] to cease violations of [Client's Name]'s rights, investigate the actions of law enforcement officials, and provide appropriate remedies for the harm suffered."

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4. Use Clear and Precise Language

Effective communication is pivotal in legal submissions. Here are some tips to enhance clarity:

• Avoid Jargon: Use simple, straightforward language to make your submission accessible. Legal jargon can alienate readers who may not be familiar with specific terminology.

• Be Concise: Aim for clarity and brevity. Long, complex sentences can obscure your main points. Ensure that each paragraph has a clear purpose and contributes to your overall argument.

  • Example: Instead of writing, "The applicant contends that the actions taken by the state have resulted in a significant and detrimental impact on their personal liberties," you could simplify it to, "The applicant argues that the state's actions have significantly harmed their personal freedoms."

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5. Cite Sources Properly

Accurate citation is crucial in legal submissions. Follow these steps to ensure proper referencing:

• Choose a Citation Style: Depending on the requirements of the international body, select a consistent citation style (e.g., APA, Bluebook). Many legal documents use the Bluebook style, which is widely accepted in legal writing.

• Provide Complete References: Ensure that all legal references, including treaties, case law, and articles, are cited correctly. Include all necessary information, such as the title, year, court, and citation.

  • Example: For a case citation, you might write: Smith v. State, 123 U.S. 456 (2000).

• Include a Bibliography: At the end of your submission, include a bibliography that lists all sources cited in your document. This allows the reviewing body to verify your references and understand the foundation of your arguments.

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6. Review and Edit

Thorough editing is essential to produce a polished submission. Follow these steps to ensure quality:

• Proofreading: Read through your submission multiple times to catch grammatical errors, typos, and awkward phrasing. Consider using tools like Grammarly or Hemingway for additional assistance in identifying issues.

• Peer Review: Share your submission with colleagues, mentors, or professors for feedback. Fresh eyes can identify unclear arguments or areas needing improvement.

  • Example: Organize a small group workshop where peers can review each other's submissions and provide constructive feedback. This collaborative process can lead to stronger submissions.​

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7. Submit and Follow Up

When you are ready to submit, ensure that you follow the specified procedures carefully.

• Submission Method: Confirm whether submissions should be made online, via email, or by postal mail. Pay attention to any deadlines and ensure that you submit your document well in advance.

  • Example: The UN Human Rights Committee allows submissions through its online portal. Ensure that you have registered and formatted your document according to their guidelines.

• Confirmation of Receipt: If possible, request confirmation of receipt after submitting your document. This can often be done via email or through the submission portal.

• Follow-Up: Monitor communications from the international body regarding your submission. Be prepared to provide additional information or participate in hearings if required.

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Practical Resources and Examples

• Harvard Law School Guide to Publishing: This guide provides resources for students on how to prepare and submit legal articles to journals and international bodies. Access it here.

• UN Treaty Bodies Submission Guidelines: Detailed guidelines on how to submit communications to UN treaty bodies can be found here.

• European Court of Human Rights Application Guide: A comprehensive guide for applicants to the ECHR is available here.

• International Criminal Court Victims’ Participation: Information on how victims can participate in ICC proceedings can be found here.

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Conclusion

Preparing effective legal submissions to international bodies requires a systematic approach that includes understanding submission requirements, conducting thorough research, drafting clear arguments, and adhering to proper citation practices. By following these detailed steps and utilizing the provided resources, students can enhance their skills in engaging with international legal processes and advocating for justice on a global scale.