WORLD CONSTITUTION AND PARLIAMENT
ASSOCIATION
COOPERATING WITH THE INSTITUTE ON WORLD
PROBLEMS
AND THE EARTH FEDERATION MOVEMENT
WCPA/IOWP to Participate in the General Review Conference of the
International Criminal Court
During the first 11 days of
June, Dr. Eugenia Almand and Dr. Glen T. Martin
will be representing our movement at the first
General Review Conference of the International
Criminal Court in Kampala, Uganda.
Both WCPA and IOWP
are members of the Coalition to Support the ICC,
which includes many NGOs from around the world
that understand the significance of the
historical development of the ICC.
The official home
page of the ICC describes some of this
background and significance:
“The International Criminal Court (ICC),
governed by the Rome Statute, is the first
permanent, treaty based, international criminal
court established to help end impunity for the
perpetrators of the most serious crimes of
concern to the international community.
The ICC is an independent international
organization, and is not part of the United
Nations system. Its seat is at The Hague in the
Netherlands. Although the Court’s expenses are
funded primarily by States Parties, it also
receives voluntary contributions from
governments, international organizations,
individuals, corporations and other entities.
The international community has long aspired to the creation of a permanent international court, and, in the 20th century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War.
In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed.
On 17 July 1998, the international community
reached an historic milestone when 120 States
adopted the Rome Statute, the legal basis for
establishing the permanent International
Criminal Court.
The
Rome Statute entered
into force on 1 July 2002 after ratification by
60 countries.”
This means that the ICC is
a central aspect of the development of world law
applying to individuals, not simply to sovereign
nations (which is largely the case with the
U.N.).
The Nuremberg and
Tokyo trials after the Second World War
established the principle that individuals must
be held responsible for their actions even when
under the command of their national governments
during war.
For the first time,
the ICC is developing a mechanism (other than ad
hoc trials by victors within wars) for holding
individuals responsible.
As you may know, the
Provisional World Parliament has adopted
statutes regarding elements of crimes and rules
of procedure from the ICC and strengthened them
to the status of provisional world legislative
acts under the
Earth
Constitution (e.g. WLA 19 and 20:
www.worldproblems.net).
Drs. Almand and Martin will
be in Kampala to show the NGOs and States
Parties representatives there the tremendous
increase in the scope and effectiveness of the
ICC that would take place if the court were to
link itself with the
Constitution for the Federation of Earth.
A special flyer
designed for the occasion will be handed out at
the Review Conference, and many copies of our
new book will be available:
A
Constitution for the Federation of Earth: with
Historical Introduction, Commentary, and
Conclusion by Glen T. Martin (IED Press,
2010).
Drs. Almand and Martin
expect to submit a special report on the Review
Conference for WCPA members. This will also be
submitted as an official report to the 12th
session of the Provisional World Parliament
scheduled for Kolkata, India, December 27-31,
2010.
The IOWP/WCPA Council
Official m
the World Court Order
“They
shall hammer their swords to plowshares”
Stocktaking for the
General Review Conference:
How World Parliament Strengthens the
International Criminal Court
General Review Conference,
31 May - 11June, 2010
Brief Background
In December of 2003, the
Provisional World Parliament held a general
stocktaking review of the Rome Statute. The bill
was designed to retain all possible features of
the Rome Statute for
the International Criminal Court,
yet was at the same time given a firm
constitutional and legislative basis to the
World Court System, with great strength and
independence to the Court.
After deliberations, the bill was adopted as
World Legislative Act #20. The Provisional World
Parliament proclaims this as world law, yet
subject to review in late 2010, and also,
particularly, by the fully operative World
Parliament when that finally forms.
One might reasonably ask,
“On what grounds can the Provisional World
Parliament claim the strengthened criminal court
statute to be the law?” The Parliament points
not only to the
Constitution for the Federation of Earth,
and the legally established principle that the
people who are to live according to the laws of
a government have the right and duty to
participate in the creation of that government,
but also to the guarantees of the Universal
Declaration of Human Rights (UDHR), and in
particular, the following articles: Article 7,
guaranteeing equal protection under the law;
Article 21.3, guaranteeing popular electoral
process as the basis of government, and Article
28, guaranteeing a social order capable of
democratically actualizing these rights.
The Provisional World Parliament version of the
Statute authorizes the International Criminal
Court to proceed. The Parliament also asks the
Assembly of States Parties to consider these
universal criminal justice principles in
stocktaking, with a view toward the
strengthening of the Court:
Equal Protection Requirement Guaranteed
Unless the Criminal Court
Statute mandates
cooperative law enforcement procedures
instead of encouraging
States Parties to include diverse procedures and
penal provisions in the lower jurisdictions for
world crimes, then the system is in violation of
Article 7 of UDHR, which guarantees equal
protection under the law. The International
Criminal Court must have standard criminal
justice procedures and standard penal code for
equal protection at the level of world
jurisdiction, instead of procedures and penal
provisions that vary from one locale to the
next.
Unless the Criminal Court emerges from within a
framework for popular electoral process at the
Court’s level of jurisdiction, then the Criminal
Court itself would be in violation of Article
21.3 of UDHR. This is why the Provisional World
Parliament is both legitimate as well as an
emerging legal requirement for the legal
functioning of the Criminal Court Bench. The
Provisional World Parliament version includes
authorization for the provisional operation of
the World Criminal Court under the Assembly of
States Parties version, thereby assigning
immediate responsibility for the conditional
current operation of the Court at The Hague,
rather than waiting for the operative World
Parliament to begin the authorization.
Recognition of this principle of UDHR 21.3
creates the compliance mechanism.
the World Court Order: Guaranteed by UDHR 28 and
the Earth Constitution
Unless the Criminal Court
has the court order, that is,
mandamus,
also called compulsory jurisdiction, then the
system fails to comply with UDHR Article 28, to
guarantee a social order in which human rights
are universally protected. Recognition of the
principle of multi-cameral legislative process
creates
mandamus, because under the Parliament
version of the Statute, the Criminal Court has
the power of the court order in every provision
where it formerly had merely the power to place
requests.
The
Provisional World Parliament expects that the
Assembly of States Parties take on the role of
the upper house of the World Parliament, since the
Assembly of States Parties has already taken on
the role of major production of substantial
statutory code for the States Parties comprising
more than half the nations of Earth. In the
Memorial to the Assembly of States Parties, the
Provisional World Parliament urges the Assembly
of States Parties to carefully consider the
merits of the
Earth
Constitution and of the World Legislation,
which mirrors the legislative work of the
Assembly of States Parties. Adherence to the
Universal Declaration of Human Rights and
recognition of the
Earth Constitution
can guide the Assembly of States Parties and the
General Review Conference to make the necessary
decisions.
On the following pages, the
Executive Summary of the
Constitution for the Federation of Earth
shows constitutional grounds for the
strengthening the Court and for building
compliance with the Universal Declaration of
Human Rights through world legislative process
which can include the leadership by the Assembly
of States Parties as House of Nations.
Executive Summary of main provisions of the
CONSTITUTION FOR THE
FEDERATION OF EARTH
The
Constitution for the Federation of Earth
was developed and adopted by 4 sessions of World
Constituent Assembly meeting around the world in
1968, 1977, 1979 & 1991, all organized by WCPA.
The process of
ratification by the peoples and nations of Earth
under Article 17 is currently under way.
1.
Broad functions of Earth Federation
are the following:
1.1. to prevent war; 1.2. to protect universal
human rights; 1.3. to end poverty; 1.4. to
regulate international processes; 1.5. to
protect the environment and ecological fabric of
life, that is, the biosphere; and 1.6. to devise
solutions to world problems beyond the capacity
of national governments.
2.
Basic structure of Earth Federation
is the following:
2.1. People and nations organize as a universal
federation, to include all people, all nations,
and all oceans, seas and lands of Earth,
including atmosphere and space. 2.2. Earth
Federation is non-military and democratic, with
ultimate sovereignty of the people of Earth.
3.
Organs of the Earth Federation
are the following:
3.1. The World Parliament; 3.2. The World
Executive;
3.3. The World Administration; 3.4. The
Integrative Complex;
3.5. The World Judiciary; 3.6. The Enforcement
System; and
3.7. The World Ombudsmus.
4.
This Earth Constitution grants Earth Federation
the jurisdiction and powers necessary to ensure
the effective broad functions of the Earth
Federation. Earth Federation must have no
military power, but may use world legislation,
administration, education, finance, civil police
enforcement system, world court system,
ombudsmus public defense and other regulatory
powers to ensure effective enforcement of world
law.
5.
World Parliament composes of three legislative
houses,
to consider, adopt, amend and repeal World
Legislation.
* People of Earth directly
elect
House
of Peoples.
* Nations appoint or elect
House of Nations.
* University students and
faculty of World Regions nominate regional
candidates from anywhere for House of
Counselors.
People of
Earth may launch initiatives for world
legislation, and may vote on referendums
submitted from World Parliament.
6.
World
Parliament elects and supervises a
World Executive
and an Executive Cabinet of 30
ministers, all MPs. The World Executive may
neither veto nor suspend the World Parliament
nor the Earth Constitution. The World
Executive has no military power.
7.
The 30 Cabinet Ministers and Vice Presidents
head the World Administration of about 30
ministries.
8.
Broad functions that naturally duplicate within
each ministry
integrate in agencies of the
Integrative Complex.
9.
Benches form a
World Judiciary,
including World Supreme Court, Regional World
Courts and District World Courts, having
mandatory jurisdiction over different kinds of
issues.
10.
The Enforcement System.
World Parliament elects an
Office of World Attorneys General with 5
World Attorneys General and commission
of 20 Regional World Attorneys,
to head non-military Enforcement System. World
Police apprehend individual suspected
lawbreakers. World Parliament regulates World
Police, which shall follow due process, and
obtain warrants for search & arrests.
11.
World Ombudsmus.
House of Counselors
nominates and World Parliament elects a
World Ombudsmus Council of 5 World
Ombudsen and Commission of 20 Regional World
Advocates to protect human rights and ensure
proper government functioning.
12.
Bill of Rights
guarantees inalienable human rights, including
all those customarily guaranteed by civil
nations: equal rights, equal protection, freedom
of expression, association & religion, habeas
corpus rights, universal suffrage, property,
privacy, & other prohibitions against government
intrusions.
13.
Directive Principles
of 19 sections list additional civil rights and
benefits to be guaranteed and implemented over
time for all people.
14.
To the Nations, the
Earth
Federation guarantees the following: full
faith and credit to public acts, records,
legislation and judicial proceedings of member
nations; nations retain jurisdiction over
internal affairs; asylum for refuge seekers from
nations not in Earth Federation
15.
World
Parliament establishes
five world capitals
in 5 Continental Divisions:
16.
The people of Earth have ownership
and Earth Federation has jurisdiction of all
oceans from 20 kilometers offshore, the sea
beds, vital straits, channels, canals, the Moon
and the atmosphere from 1 km. above the general
surface of the land.
17.
Earth
Constitution implements by stages:
Provisional Earth Federation,
before 25 countries or before World Districts
including 10% of world population have ratified.
First Operative Stage,
when 25 countries or World Districts including
10% of world population have ratified, or
equivalent mix. Second Operative Stage,
when 50% of countries and World Districts
including 50% of world population have ratified,
or equivalent mix.
Full Operative Stage,
when 80% of countries, comprising 90% of world
population, have ratified.
18.
People may initiate
amendment
procedures of the
Earth Constitution.
19.
Provisional
World Parliament may adopt world
legislation prior to first operative stage,
subject to re-confirmation by World Parliament.
Provisional World
Government may begin.
*
*
*
*
*
*
*
The
Constitution for the Federation of Earth
has been translated into 23 languages and is
available in several languages on the Institute
on World Problems website (www.worldproblems.net).
It is published as a
separate volume by the Institute for Economic
Democracy Press:
See also:
www.wcpa.biz,
www.radford.edu/gmartin,
www.earthfederation.info,
www.protectplanet.webs.com.
Twelfth Session of the
Provisional World Parliament
December 27-31, 2010
Kolkata, India
Agenda to include Review of the World Bench for
Criminal Cases Statute, to reflect submissions
to the General Review Conference in Kampala,
Uganda
Please Note
You may register for the Parliament as either an
observer or a delegate.
Observers are not required to recognize the
Constitution for the Federation of Earth as
the supreme law for the Earth.
They may speak as
part of the Parliament according to
parliamentary rules but may not vote on
legislation or resolutions.
Delegates have pledged allegiance to the
Earth
Constitution and may therefore vote on
proposed legislation or resolutions under the
authority of Article 19 of the
Constitution.
The Parliament recommends that nations
communicate and organize quietly to participate
by joint decisions including 25 or more nations
at once, to avoid reprisals from the
international power blocks.
Registration or Information:
Dr. Glen
T. Martin
gmartin@radford.edu
Fax:
001-540-831-5919
(www.worldproblems.net
,
www.radford.edu/gmartin)