|
WORLD LEGISLATIVE ACTS OF THE PROVISIONAL WORLD PARLIAMENT ACTS NUMBER ONE TO THIRTY (Enacted in Parliament Sessions 1-8)
Edited by Eugenia Almand and Glen T. Martin, Copyright 2005, Institute On World Problems
Contents: Acts of the Provisional World Parliament (1982-2004) WLA 01 in Spanish, WLA 02 in Spanish
(For World Legislative Acts 31-38 see the chart below)
World Legislation of the Provisional World Parliament (with primary authors) Sessions 1-9 with added links to World Legislative Acts 31-38
World Legislative Act Number 1
To Prohibit Weapons of Mass a World Disarmament Agency
RECOGNIZING that the abolition of war requires complete nuclear disarmament and the elimination of all weapons of mass death and destruction as the first priority for survival of humanity on Earth; Recognizing that any arms limitation or disarmament schemes or proposals that do not immediately provide for complete and universal disarmament are inadequate, and that life on Earth is not safe so long as any nuclear weapon or facilities for producing nuclear weapons remain; Recognizing that disarmament negotiations among nations, together with protests against armaments by people, have continued over decades, while wars have followed one after the other and armaments have greatly increased and continued to increase; Recognizing, further, the immediate and extreme dangers of nuclear war, and that as a consequence immediate action by an agency representing the welfare of humanity as a whole is required to take actions to secure complete and universal nuclear disarmament and the elimination of all weapons of mass destruction; THEREFORE, be it enacted by this Provisional World Parliament in first session, September, 1982: 1. From the date of adoption of this Act by the Provisional World Parliament, all nuclear weapons, and all weapons of mass destruction (WMDs) as defined in the appendix to this act, are unlawful under the Earth Constitution. It is universally unlawful anywhere on Earth to design, engage in research thereon, test, produce, manufacture, fabricate, transport, deploy, install, maintain, store, stockpile, sell, buy or detonate any nuclear weapons or other weapons of mass destruction as defined herein. 1.1. design, engage in research thereon, or test (class 6 felony) 1.2. produce, manufacture, fabricate (class 1 felony) 1.3. transport, deploy, install (class 1 felony) 1.4. maintain, store, stockpile (class 1 felony) 1.5. sell (class 5 felony) 1.6. buy (class 6 felony) 1.7. detonate (class 7 felony) or 1.8. direct violation of world legislation by request or command (One classification level higher than violation, except if class 7 felony, then class 7 felony) 2. This Act establishes a World Disarmament Agency (WDA) that has the authority and responsibility to implement this Act and to supervise military disarmament throughout the world, to immobilize, dismantle, convert to peaceful uses or otherwise eliminate from Earth all weapons of mass destruction, including nuclear weapons and the elimination of the design, research thereon, testing, manufacture, transport, deployment, storage, maintenance or use of WMDs. 3. Until a more fully operative democratic world federation is established, the World Disarmament Agency is responsible to the Provisional World Parliament, and to a Provisional World Cabinet that is created by the Parliament. 4. The World Disarmament Agency (WDA) has a Board of Trustees of from 15 to 275 members, of which not more than 30 may come from any one continent and not more than 10 may come from any one country, with not more than one-third at any time from any single continent. The Board of Trustees shall determine the organization and functioning of the World Disarmament Agency in accordance with the terms of this Act, and in accordance with the provisions of World Legislative Act #14 .03 (World Attorneys General). The Board of Trustees shall act in conformance with the Earth Constitution, while at all times responsible to the Cabinet and Parliament. No nation may have veto powers in the decisions of the World Disarmament Agency. The composition of the Board of Trustees of the WDA is as follows: 4.1. Up to 50 members shall be appointed by the Provisional World Cabinet or by a Standing Parliamentary Committee on Disarmament if the Provisional World Cabinet is not functional within three months from the date of the adoption of this Act; 4.2. Up to 50 members may be named by ratifying countries; 4.3. Up to 50 members may be named by ratifying local or regional authorities; 4.4. Up to 25 members may be named by ratifying universities or colleges; 4.5. Up to 100 members may be named by other ratifying non-governmental organizations. 5. As part of the process of implementation, the Cabinet of the Provisional World Parliament shall submit this Act for compliance by all national governments and by all national parliaments, together with a direction for compliance by communities, cities, states, provinces, or other political districts, and by universities, colleges, schools, institutes, labor unions, professional associations, corporations, cooperatives, other businesses, and by individual citizens throughout the world and of every country. The Provisional World Cabinet shall advise the U.N. Center for Disarmament of this legislation and the actions arising from it. The World Disarmament Agency must observe and direct disarmament arrangements consistent with the provisions of Article 17, Section A-9, of the Earth Constitution relating to paired ratification and disarmament. 5.1. Individuals must not perform work related to nuclear weapons or other defined weapons of mass destruction, neither in factory, laboratory, university, government agency, or otherwise, nor in any capacity in the design, testing, fabrication, transport, production, deployment, storage, or maintenance of any nuclear weapon or defined weapon of mass destruction. Work of dismantlement or conversion under the supervision of the World Disarmament Agency is excluded from this provision. 5.2. Communities, cities, counties, provinces, states or other governing units within nations shall immediately proceed, within their constitutional powers and insofar as possible, to immobilize or render inoperable any WMDs within their boundaries. Governing units shall also require the cessation of all design, testing, production, deployment, transport, storage or maintenance of all WMDs with their boundaries. . Governing units shall recognize supervision of dismantlement or conversion of all WMDs within their boundaries by the World Disarmament Agency for complete dismantling, conversion to peaceful uses or elimination, together with the means for producing such weapons. To avoid conflicts of jurisdictional level within prohibitions enacted by Governing units, the governing unit must recognize the world federal jurisdiction regarding any violations described in World Legislation. 5.3. Universities, colleges, institutes and schools shall immediately cease and prohibit within their administration or control any design, research, testing, training or any other work in connection with nuclear weapons and other weapons of mass death and destruction. Design, research, testing and training for dismantlement or conversion under the supervision of the World Disarmament Agency is excluded from this provision. 5.4. Unions, corporations, professional associations, and other businesses and groups shall immediately cease any work in connection with nuclear weapons and other weapons of mass destruction. Groups shall require their members, officers, and employees to comply so that none may engage in any design, testing, research, production, transport, deployment, maintenance, or other work with WMDs. Work of dismantlement or conversion under the supervision of the World Disarmament Agency is excluded from this provision. 5.5. Each national government , national parliament, and national court shall require the immediate immobilization and defusing of any nuclear weapons and other weapons of mass destruction within its borders or under its jurisdiction or direction anywhere in the world, together with the immediate cessation of all design, testing, research, production, transport, deployment, maintenance, sale or purchase of any such weapons. Each national government, national parliament, and national court, after immobilization, shall recognize the supervision by the World Disarmament Agency of WMDs, as well as any facilities for production or delivery of WMDs, for complete dismantling, conversion to peaceful uses, or elimination otherwise from Earth. This provision encourages all governments to include in their penal codes the provision that the manufacture, possession and use of nuclear weapons and other weapons of mass destruction are a crime against humanity, and that the world enforcement system shall indict and bring to trial accordingly, at the world jurisdictional level, by due process of law, any individual engaging in prohibited activities. Governments may participate in enforcement according to the guidelines of World Legislative Act #20, for the World Bench for Criminal Cases, of the World Court. 6. After six months from the adoption of this Act by the Provisional World Parliament, the World Attorneys General may bring criminal charges or indictment before any suitable international court or world court established in conformance with the Earth Constitution, together with warrants for apprehension, if necessary, for appropriate trial and disposition, against or officials or other individuals of any nation, national government, corporation, university, laboratory, or other entity, found in violation of Section I of this Act. 7. To finance the work of the World Disarmament Agency until further financing is available, the World Government Funding Corporation (WGFC), shall request a subscription equal to at least one percent (1%) of its annual budget if possible, from each country, state, city, local authority, corporation, university or other agency or entity ratifying the Earth Constitution. In the case of countries, each ratifying country shall be asked for a subscription equal as near as possible to five percent (5%) of its last military budget, or 1% of its annual budget, whichever is greater. 8. To work out all necessary details for the inauguration of the World Disarmament Agency, this first session of the Provisional World Parliament shall elect a standing Parliamentary Commission on Disarmament (PCD). The PCD is composed of 9 members elected by the Provisional World Parliament, and 8 members to be co-opted by the elected members. The PCD is responsible to the Provisional World Parliament. Appendix - A Definition of Weapons of Mass Destruction: Nuclear weapons, including fission and fusion explosive weapons, as well as explosive or non-explosive radiological weapons containing radioactive materials, such as depleted uranium; radiological wastes may be considered a WMD when not safely sequestered; Bio-chemical weapons, including nerve gas, bacterial weapons, mass defoliants, any other kind of poison gas or bio-chemical weaponry; Fire bombs, block-buster bombs, anti-personnel bombs, cluster bombs, neutron bombs, and other kinds of bombs; Cruise missiles, Intercontinental Ballistic Missiles, short range missiles, and other missiles used to deliver nuclear or other weapons of mass death and destruction; Bombers, military aircraft, and military aircraft carriers; Battleships, military submarines and any other ocean launched weaponry; Satellite weaponry or weapons stationed in or maneuverable from upper or outer space or the Moon; Laser ray weapons, and any other weapons which might in future be developed for mass death and destruction; Delivery systems for nuclear weapons, bio-chemical weapons and all other weapons defined herein; Delivery systems of means when used to convey military weapons across national boundaries. Adopted as World Legislative Act Number One at the first session of the Provisional World Parliament, meeting at Brighton, England, 11 September 1982. Entry into force 11 March 1983. Amended at sixth session Provisional World Parliament, meeting at Bangkok, Thailand, December 2003. Formatting amendments adopted at eighth session of Parliament, Lucknow, India, August 2004.
Acto Legislativo Mundial Número Uno Para prohibir las armas de la destrucción masiva, incluyendo las armas nucleares, y crear una Agencia Mundial para Desarme RECONOCIENDO que la abolición de la guerra requiere el desarme nuclear completo y la eliminación de todas las armas de la muerte y de la destrucción totales como la primera prioridad para la supervivencia de la humanidad en la tierra; Reconociendo que cualquier limitación de armamentos o esquemas u ofertas del desarme que no prevean inmediatamente completo y el desarme universal es inadecuado, y que la vida en la tierra no es segura siempre y cuando permanece cualquier arma nuclear o facilidad para producir las armas nucleares; El reconocimiento de que las negociaciones del desarme entre naciones, junto con protestas contra armamentos de la gente, han continuado sobre décadas, mientras que las guerras han seguido uno después de otro y los armamentos ha aumentado y ha continuado grandemente aumentar; Reconociendo los peligros inmediatos y extremos de la guerra nuclear, y esa por consiguiente acción inmediata por una agencia que representa el bienestar de la humanidad en su totalidad se requiere para llevar acciones el desarme nuclear completo y universal asegurado y la eliminación de todas las armas de la destrucción total; POR LO TANTO sea decretado por el este Parlamento Mundial Provisional en la primera sesión, septiembre de 1982: 1. A partir de la fecha de la adopción de este acto del Parlamento Mundial Provisional, todas las armas nucleares, y todas las armas de la destrucción total (ADMs) según lo definido en el apéndice a este acto, son ilegales bajo la Constitución terrestre. Es universalmente ilegal dondequiera en la Tierra diseñar, engancharse a la investigación sobre eso, probar, producir, fabricar, montar, transportar, desplegar, instalar, mantener, almacenar, almacenar, vender, comprar o detonar cualquier arma nuclear u otras armas de la destrucción total según lo definido adjunto. 1,1. el diseño, se engancha a la investigación sobre eso, o prueba (crimen de la clase 6) 1,2. el producto, fabricación, fabrica (crimen de la clase 1) 1,3. el transporte, despliega, instala (crimen de la clase 1) 1,4. mantenga, almacene (crimen de la clase 1) 1,5. venta (crimen de la clase 5) 1,6. compra (crimen de la clase 6) 1,7. detone (crimen de la clase 7) o 1,8. dirija la violación de la legislación mundial por la petición u ordene (un más alto nivelado de la clasificación que la violación, excepto si el crimen es de la clase 7, entonces crimen de la clase 7) 2. Este acto establece una Agencia Mundial para el Desarme (AMD) que tenga la autoridad y la responsabilidad de poner este acto en ejecución y de supervisar el desarme militar a través del mundo, para inmovilizar, desmontar, para convertir a las aplicaciones pacíficas o para eliminar de otra manera de la tierra todas las armas de la destrucción total, incluyendo las armas nucleares y la eliminación del diseño, de la investigación sobre eso, de la prueba, de la fabricación, del transporte, del despliegue, del almacenamiento, del mantenimiento o del uso de ADMs. 3. Hasta que se establece una federación democrática mundial más completamente operativa, la Agencia Mundial del Desarme es responsable al Parlamento Mundial Provisional, y a un gabinete mundial provisional que sea creado por el parlamento. 4. La Agencia Mundial para el Desarme (AMD) tiene un tablero de administradores a partir de 15 a 275 miembros, de quienes no más que 30 pueden venir de cualquier un continente y no más que 10 pueden venir de cualquier un país, con no más que una mitad en cualquier momento de cualquier solo continente. El tablero de administradores determinará la organización y el funcionamiento de la Agencia Mundial para el Desarme de acuerdo con los términos de este acto, y de acuerdo con las provisiones del Artículo 03 del acto mundial legislativo #14 (Fiscales Mundiales). El tablero de administradores actuará en conformidad con la Constitución terrestre, mientras que siempre es responsable al gabinete y al parlamento. Ninguna nación puede tener poder del veto en las decisiones de la Agencia Mundial para el Desarme. La composición del consejo de los administradores del WDA es como sigue: 4,1. A una comisión parlamentaria derecha sobre el desarme designarán a hasta 50 miembros por el gabinete provisional mundial o si el gabinete provisional mundial no es funcional en el plazo de tres meses a partir de la fecha de la adopción de este acto; 4,2. Hasta 50 miembros pueden ser nombrados por los países que ratifican; 4,3. Hasta 50 miembros pueden ser nombrados ratificando autoridades locales o regionales; 4,4. Hasta 25 miembros pueden ser nombrados por las universidades o las universidades que ratifican; 4,5. Hasta 100 miembros pueden ser nombrados por otras organizaciones no gubernamentales que ratifican. 5. Como parte del proceso de la puesta en práctica, el gabinete del Parlamento Mundial Provisional someterá este acto para la conformidad por todos los gobiernos nacionales y por todos los parlamentos nacionales, junto con una dirección para la conformidad por las comunidades, las ciudades, los estados, las provincias, u otros districtos políticos, y por las universidades, universidades, escuelas, institutos, sindicatos, asociaciones profesionales, corporaciones, cooperativas, otros negocios, y por los ciudadanos individuales a través del mundo y de cada país. El gabinete provisional mundial aconsejará al Centro para el Desarme de las Naciones Unidas de esta legislación y de las acciones que se presentan de él. La agencia mundial para el desarme debe observar y dirigir los arreglos del desarme constantes con las provisiones del artículo a 17, la sección A-9, de la Constitución terrestre referentes la ratificación apareada y desarme. 5,1. Los individuos no deben realizar ningún trabajo relacionado con nuclear armas u otras armas definidas de la destrucción total, ni en la fábrica, laboratorio, universidad, agencia de estatal, o de otra manera, ni en ninguna capacidad en el diseño, la prueba, la fabricación, el transporte, la producción, el despliegue, el almacenamiento, o el mantenimiento las ningún arma nuclear o arma definida de la destrucción total. El trabajo del desmontar, desmantelar o de la conversión bajo supervisión de la agencia del desarme del mundo se excluye de esta disposición. 5,2. Las comunidades, las ciudades, los condados, las provincias, los estados u otras unidades que gobiernan dentro de naciones procederán inmediatamente, dentro de sus energías constitucionales y en cuanto es posible, de inmovilizar o de rendir inoperable cualquier WMDs dentro de sus límites. Las unidades que gobiernan también requerirán la cesación de todo el diseño, prueba, producción, despliegue, transporte, almacenamiento o mantenimiento de todo el WMDs con sus límites. Las unidades que gobiernan reconocerán la supervisión del desmontar, desmantelar o conversión de todo el WMDs dentro de sus límites por la agencia mundial para el desarme para desmontar completo, la conversión a las aplicaciones pacíficas o la eliminación, junto con los medios para producir tales armas. Para evitar conflictos del nivel jurisdiccional dentro de las prohibiciones decretadas gobernando unidades, la unidad que gobierna debe reconocer la jurisdicción federal mundial con respecto a cualquier violación descrita en la legislación mundial. 5,3. Las universidades, las universidades, los institutos y las escuelas cesarán y prohibirán dentro de su administración o controlarán inmediatamente el trabajo cualquier diseño, investigación, prueba, entrenamiento o cualquier otro en la conexión con las armas nucleares y otras armas la muerte total y destrucción. El diseño, investigación, probando y entrenando para el desmontar, desmantelar o la conversión bajo supervisión de la Agencia Mundial para el Desarme se excluye de esta disposición. 5,4. Las uniones, las corporaciones, las asociaciones profesionales, y otros negocios y grupos cesarán inmediatamente cualquier trabajo en la conexión con las armas nucleares y otras armas de la destrucción total. Los grupos requerirán a sus miembros, oficiales, y excluyen a los empleados a conformarse de modo que ningunos puedan engancharse a cualquier diseño, la prueba, la investigación, la producción, el transporte, el despliegue, el mantenimiento, o el otro trabajo con el trabajo de ADMs del desmontar, desmantelar o la conversión bajo supervisión de la Agencia Mundial para el Desarme de esta disposición. 5,5. Cada gobierno nacional, parlamento nacional, y corte nacional requerirán la inmovilización inmediata y desactivación de cualquier arma nuclear y de otras armas de la destrucción total dentro de sus bandas o bajo su jurisdicción o dirección dondequiera en el mundo, junto con la cesación inmediata toda la diseño, prueba, investigación, producción, transporte, despliegue, mantenimiento, venta o compra de cualesquiera armas. Cada gobierno nacional, parlamento nacional, y corte nacional, después de la inmovilización, reconocerán la supervisión por la agencia del desarme del mundo de ADMs, así como cualquier facilidad para la producción o entrega de ADMs, para desmontar, conversión a las aplicaciones pacíficas, o la eliminación completa de otra manera de la Tierra. Esta disposición anima a todos los gobiernos que incluyan en sus códigos penales la disposición que la fabricación, la posesión y el uso de armas nucleares y de otras armas de la destrucción total son un crimen contra humanidad, y que el sistema de la Aplicación Mundial procesará y traerá al ensayo por consiguiente, en el nivel jurisdiccional mundial, por el proceso debido de la ley, enganche individual a actividades prohibidas. Los gobiernos pueden participar en la aplicación según las pautas del acto legislativo mundial # 20, para el Tribunal Mundial para los casos criminales, de la Corte Mundial. 6. Después de seis meses de la adopción de este acto del Parlamento Mundial Provisional, los abogados del mundo generales pueden traer las cargas o acusación antes de cualquier corte internacional conveniente o Corte Criminal Mundial establecida en conformidad con la Constitución terrestre, junto con las autorizaciones para la aprehensión, en caso de necesidad, para el ensayo apropiado y disposición, contra o los funcionarios u otros individuos de la cualquier nación, gobierno nacional, corporación, universidad, laboratorio, o de la otra entidad, encontrada en la violación de este acto. 7. Para financiar el trabajo de la Agencia Mundial para el Desarme hasta que el financiamiento adicional está disponible, la Corporación de Fondos para la Federación Terrestre (CFFT), solicitará una suscripción igual por lo menos a un por ciento (1%) de su presupuesto anual si es posible, del cada país, estado, ciudad, autoridad local, corporación, universidad o la otra agencia o entidad ratificando la Constitución terrestre. En el caso de países, cada país que ratifica será pedido una suscripción igual tan cerca como sea posible a cinco por ciento (5%) de su último presupuesto militar, ó 1% de su presupuesto anual, cualquiera es mayor. 8. Para resolver todos los detalles necesarios para la inauguración de la Agencia Mundial para el desarme, esta primera sesión del Parlamento Mundial Provisional elegirá a una Comisión parlamentaria Permanente para el Desarme (CPD). El CPD se compone de 9 miembros elegidos por el Parlamento Mundial Provisional, y de 8 miembros que se cooptarán por los miembros elegidos. El CPD es responsable al Parlamento Mundial Provisional. Apéndice - A Definición de armas de la destrucción total: Armas nucleares, incluyendo las armas explosivas de la fisión y de la fusión, así como las armas radiológicas explosivas o no explosivas que contienen los materiales radiactivos, tales como uranio agotado; las basuras radiológicas se pueden considerar un ADM cuando no están secuestradas con seguridad; Armas bioquímicas, incluyendo el gas de nervio, armas bacterianas, agentes exfoliantes totales, cualquier otra clase de gas del veneno o armamento bioquímico; Las bombas incendiarias, las bombas de súper-demolición, las bombas anti-personales, las bombas del racimo, las bombas del neutrón, y otras clases de bombas; Los misiles de la travesía, los misiles de balísticos intercontinentales, los misiles cortos de la gama, y otros misiles entregaban las armas nucleares u otras la muerte total y destrucción; Bombarderos, avión militar, y portadores del avión militar; Los acorazados, los submarinos militares y cualquier otro transporte de armamento de destrucción masiva lanzable del océano; Armamento o arma basada en los satélites colocados hacia adentro o maniobrables del espacio superior o exterior o de la luna; Armas del rayo del láser, y cualquier otra arma que se pudiera en futuro desarrollar para la muerte total y destrucción; Sistemas de la entrega para las armas nucleares, armas bioquímicas y todas otras armas definidas adjunto; Sistemas de la entrega de medios cuando está utilizado de transportar las armas militares a través de límites nacionales.
* * * * * * * * * *
Adoptado como acto legislativo mundial número uno en la primera sesión del Parlamento Mundial Provisional, reunido el 11 de septiembre de 1982, en Brighton, Inglaterra. Entrada en vigor la 11 de marcha de 1983. Enmendado en la sexta sesión del Parlamento Mundial Provisional, reunido en diciembre 2003, en Bangkok, Tailandia,. Enmiendas del formato adoptadas en la octava sesión del Parlamento, Lucknow, la India, agosto 2004.
World Legislative Act Number 2 ACT TO INAUGURATE A WORLD ECONOMIC DEVELOPMENT ORGANIZATION
WHEREAS,
5. Fines for enterprises. Enterprises for which the officers or shareholders knew that an employee or representative committed an offence, but for which the enterprise did not hold the employee or representative legally accountable by legal charges, may be assessed a fine by the World Court. Restitution assessments may be declared in addition to, or in place of, fines. Since the relative value of the Earth unit of credit is unknown, and in fairness against disparity, fines are stated in terms of portions of income for the enterprise, based on the enterprise's income for the year before, ending on the date on which the offence was committed. Sentenced enterprises must pay in Earth Credits. Upon court order, the Earth Financial Credit Corporation shall determine ability to pay. The Court may assign an instalment schedule for fines, considering recommendation from the Earth Financial Credit Corporation. One ground for revocation of business license is an enterprise's inability or professed inability to pay an assessed fine.
6. Petty offences All lesser offences are termed "petty offences", with no imprisonment authorized and a maximum fine of one weeks' income in Earth credits. Any offence defined outside the criminal code that lacks either designation as a felony or misdemeanour or specification of the classification is a petty offence. 7. Mitigating or aggravating circumstances Circumstances determined by the Court to be mitigating may reduce the prescribed term and fine by up to 50%. Circumstances determined to be aggravating may increase the prescribed term and fine by up to 50%. Mitigating or aggravating circumstances are partially listed in WLA#13, Article 4.3.2., and in the Addendum to this Act, adopted from Elements of Crime 8 (2) (b) (xx) 8. Extenuating circumstances - This Act recognizes that under some conditions there may be extenuating circumstances. Upon trial and disposition, the World Court may reduce penalties or drop the criminal charges, or otherwise dismiss a case, if there are justifiable extenuating circumstances. The World Court and World Juries are to consider cases of extenuating circumstances in good faith. (For examples, refer to WLA#13, Article 4.3.4.)9. This Act recommends the World Court to investigate the causes of an offense, if the Court convicts a person for a third or further offense. (N.B.: Credits, not part of Act: Many provisions of this bill are derived from Arizona Legislative Drafting Guidelines, and Arizona Code. Arizona Legislative Council. Michael E. Braun, Director. 2001 & 2003.) Addendum of penalty classifications to be applied to world legislation From World Legislative Act #1 , Article 1, prohibiting nuclear weapons and other weapons of mass destruction:Design, research, or test - Class 6 felony Production, manufacture, or fabrication – Class 1 felony Transport, deployment or installation – Class 1 felony Maintenance – Class 1 felony Storage or stockpiling - Class 1 felony Selling, buying – Class 6 felony Use – Class 7 felony From World Legislative Act # 13, the World Peace Act Article 2. Prohibitions 2.1. Possession, trade or harboring of unlawful financial instruments, except brokerage – Class 5 felony. 2.1.2. Brokerage of unlawful financial instruments – Class 6 felony. 2.1.3. Diversification of the company financed may be a mitigating factor in either case. 2.2. Representation of WMDs – Class 7 felony 2.3.1. .Funding of WMDs – Class 7 felony 2.3.2. Attempting to fund WMDs – Class 6 felony 2.4. Directing persons to violate world legislation, publicly or privately – One classification level above the classification of the violation directed, except in the case of directing a Class 7 felony violation, in which case – Class 7 felony. 2.5. Threatening to use WMDs 2.5.1.– if possessed - Class 6 felony 2.5.2. if not possessed – Class 5 felony 2.5. Threatening to develop WMDs 2.5.3. with means – Class 5 felony 2.5.4. without means – Class 4 felony 2.6. Giving military assistance or military defense to violators of world legislation – Same classification level as the classification of the offense of the other violator. 2.7. Advertisement – Class 5 felony 2.8. Planning, constructing, maintaining or using unlawful bunkers – Class 5 felony 2.9. Impeding the activities of agents of the Provisional World Government or World Government – Class 3 felony 2.10. Use of weapon suitable for law enforcement purposes to violate world legislation – Use without discharge of weapon – Class 2 felony Use including discharge of weapon – Class 3 felony 2.11. Accidents of WMDs causing mortalities or permanent injury or property damage – Class 7 felony Accidents of WMDs conveyances causing mortalities, Permanent injury or property damage – Class 7 felony 2.12. Transfer of armaments suitable for law enforcement purposes to non-ratifying entities – Class 1 felony 2.13.1. Effecting military blockades – Class 4 felony 2.14. Classification of intellectual property promoting actual or planned WMDs, or the maintenance of that classification – Class 1 felony. 2.15. Borrowing or lending for the violation of World Legislation – Class 5 felony Accepting unlawful financial instruments as collateral in the determination of credit for loans – Class 5 felony. Diversification of the company financed may be a mitigating factor. 2.16. Design and production of exclusively identifiable portions of WMDs – Class 1 felony 2.17. Use of intelligent animals to violate world legislation – Class 1 felony 2.18. Disrupting or interfering with telecommunications, intentional – Class 1 felony unintentional – Class 1 misdemeanor 2.19. Software programming for WMDs – Class 2 felony 2.20. Designing or planning to use machine viruses – Class 1 felony 2.21. Conscription - 2.21.1. Resulting in death or permanent injury of the conscripted, not minor – Class 3 felony. 2.21.2 If no known death or permanent injury of the conscripted, not minor – Class 2 felony 2.21.3 Resulting in death or permanent injury of a conscripted minor – Class 4 felony. 2.21.4. If no known death or permanent injury of a conscripted minor – Class 3 felony 2.22.1. Tampering with records of Provisional World Government – Class 1 felony 2.22.2. Tampering with records of World Government – Class 3 felony 2.23.1 Request, placement of bids for reconstruction for war damage not yet done – Class 6 felony 2.23.2. Honoring of bids for reconstruction for war damage not yet done – Class 5 felony 2.24. Targeting of civilians 2.24.1.– resulting in deaths or permanent injury -- Class 6 felony 2.24.2. not resulting in deaths or permanent injury -- Class 5 felony 2.25. Additional Classifications Article 8. Development or use while on duty, of more lethal weapons by government or corporate officials or representatives after the commencement of the full operative stage of world government, not resulting in permanent injury or death. - Class 1 felony. Possession while on duty of more lethal weapons by government or corporate officials or representatives after the commencement of the full operative stage of world government, not resulting in permanent injury or death,. - Class 1 misdemeanor. Use while on duty, of more lethal weapons by government or corporate officials or representatives after the commencement of the full operative stage of world government, resulting in permanent injury or death, – Class 2 felony. In cases of apprehension where confiscation of a weapon is necessary, police officials are to report confiscated weapons immediately, or as soon as possible, to register the weapon under confiscation. Police possession of an unregistered weapon while on duty is unlawful – Class 1 misdemeanor. Police encounter is defined as police officer's or public official's fraudulent placement of weapons or contraband items into apparent citizen suspect possession, to create falsification of evidence, or otherwise creating false evidence, including false testimony, by police officers or public officials. Police encounter is unlawful. – Class 3 felony. Additional Crimes not yet stipulated elsewhere in the Statutes: Attempting to suborn a judge, jury member, prosecutor, defense attorney, witness or bailiff in a world federal trial – Class 3 felony Tampering with or destruction of evidence of a world federal trial – Class 3 felony Unauthorized misappropriation, theft or transfer of world federal property – Class 3 felony Unauthorized intentional destruction of a world government record is unlawful (class 4 felony) (WLA#07.7.5. and WLA#25.11.1.) Counterfeiting of world federal financial instruments, bonds or currency – Class 3 felony From Elements of Crime, adopted by the Provisional World Parliament: (N.B. Elements of Crime currently needs significant adjustment by the World Parliament to be compatible with the Earth Constitution and Earth Federation. The Provisional World Parliament directs the Enforcement System and the World Courts to consider constitutionality in any cases resulting from violations defined in Elements of Crime. Also, Article II.D. Classification, requiring one level of classification more severe in cases where the violator directs another to commit the crime, is applicable in cases resulting from violations listed in Elements of Crime as well as within all world legislative acts.) : From Elements of Crime, Article 6 - Genocide 6 (a) Genocide by killing – Class 7 felony 6 (b) Genocide by causing serious bodily or mental harm – Class 5 felony 6 (c) Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction – Class 4 felony 6 (d) Genocide by imposing measures intended to prevent births – Class 4 felony 6 (e) Genocide by forcibly transferring children – Class 4 felony From Elements of Crime, Article 7 – Crimes against humanity 7 (1) (a) Crime against humanity of murder -- Class 7 felony 7 (1) (b) Crime against humanity of extermination -- Class 7 felony 7 (1) (c) Crime against humanity of enslavement -- Class 5 felony 7 (1) (d) Crime against humanity of deportation or forcible transfer of population -- Class 5 felony 7 (1) (e) Crime against humanity of imprisonment or other severe deprivation of physical liberty -- Class 5 felony 7 (1) (f) Crime against humanity of torture -- Class 7 felony 7 (1) (g) Crime against humanity of rape -- Class 7 felony 7 (1) (g) Crime against humanity of sexual slavery -- Class 7 felony 7 (1) (g) Crime against humanity of enforced prostitution -- Class 7 felony 7 (1) (g) Crime against humanity of forced pregnancy -- Class 7 felony 7 (1) (g) Crime against humanity of enforced sterilization -- Class 5 felony 7 (1) (g) Crime against humanity of sexual violence -- Class 5 felony 7 (1) (h) Crime against humanity of persecution -- Class 5 felony 7 (1) (i) Crime against humanity of enforced disappearance of persons -- Class 7 felony 7 (1) (j) Crime against humanity of apartheid -- Class 6 felony 7 (1) (k) Crime against humanity of other inhumane acts -- Class 5 felony From Elements of Crime, Article 8 - War crimes 8 (2) (a) (i) War crime of willful killing -- Class 7 felony 8 (2) (a) (ii) - 1 War crime of torture -- Class 7 felony 8 (2) (a) (ii) - 2 War crime of inhuman treatment -- Class 1 felony 8 (2) (a) (ii) - 3 War crime of biological experiments -- Class 5 felony 8 (2) (a) (iii) War crime of willfully causing great suffering -- Class 2 felony 8 (2) (a) (iv) War crime of destruction and appropriation of property -- Class 1 felony 8 (2) (a) (v) War crime of compelling service in hostile forces -- Resulting in death or permanent injury of the conscripted, not minor – Class 3 felony. If no known death or permanent injury of the conscripted, not minor – Class 2 felony Resulting in death or permanent injury of a conscripted minor – Class 4 felony. If no known death or permanent injury of a conscripted minor – Class 3 felony 8 (2) (a) (vi) War crime of denying a fair trial -- Class 3 felony 8 (2) (a) (vii) - 1 War crime of unlawful deportation and transfer -- Class 1 felony 8 (2) (a) (vii) -2 War crime of unlawful confinement -- Class 2 felony 8 (2) (a) (viii) War crime of taking hostages -- Class 6 felony 8 (2) (b) (i) War crime of attacking civilians -- Class 3 felony 8 (2) (b) (ii) War crime of attacking civilian objects -- Class 2 felony 8 (2) (b) (iii) War crime of attacking personnel or objects involved in a humanitarian assistance or law enforcement mission -- Class 4 felony 8 (2) (b) (iv) War crime of excessive incidental death, injury or damage excessive death -- Class 7 felony excessive injury – Class 6 felony excessive damage – Class 5 felony 8 (2) (b) (v) War crime of attacking undefended places -- Class 1 felony 8 (2) (b) (vi) War crime of killing or wounding a person hors de combat killing -- Class 6 felony wounding – Class 5 felony 8 (2) (b) (vii) - 1 War crime of improper use of a flag of truc -- Class 2 felony 8 (2) (b) (vii) – 2 War crime of improper use of a flag, insignia or uniform of the hostile party -- Class 2 misdemeanor 8 (2) (b) (vii) - 3 War crime of use of a flag, insignia or uniform of the United Nations -- Class 1 misdemeanor 8 (2) (b) (vii) - 4 War crime of use of the distinctive emblems of the Geneva Convention -- Class 1 misdemeanor 8 (2) (b) (viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer or all or parts of the population of the occupied territory within or outside this territory -- Class 5 felony 8 (2) (b) (ix) War crime of attacking protected objects -- Class 1 felony 8 (2) (b) (x) - 1 War crime of mutilation -- Class 1 felony 8 (2) (b) (i) - 2 War crime of medical or scientific experiments -- Class 5 felony 8 (2) (b) (xi) War crime of treacherously killing or wounding treacherously killing -- Class 6 felony treacherously wounding – Class 5 felony 8 (2) (b) (xii) War crime of denying quarter -- Class 6 felony 8 (2) (b) (xiii) War crime of destroying or seizing the enemy's property -- Class 1 felony 8 (2) (b) (xiv) War crime of denying the nationals of the hostile power of rights or actions -- Class 1 felony 8 (2) (b) (xv) War crime of compelling participation in military operations -- Class 5 felony 8 (2) (b) (xvi) War crime of pillaging -- Class 1 felony 8 (2) (b) (xvii) War crime of employing poisons or poisoned weapons -- Class 6 felony 8 (2) (b) (xviii) War crime of employing prohibited gases, liquids, materials or devices -- Class 6 felony 8 (2) (b) (xix) War crime of employing prohibited bullets -- Class 2 felony 8 (2) (b) (xx) War crime of employing weapons, projectiles or materials or methods of warfare listed in the Annex to the Statute, and Appendix of World Legislative Act Number One -- Type of use determines class of felony as defined by penalty classification addendums for World Legislative Acts Numbers 1 and 13. Violations using weapons generally defined as defensive may be grounds for mitigating circumstances. Violations using weapons generally defined as aggressive may be grounds for aggravating circumstances. 8 (2) (b) (xxi) War crime of outrages upon personal dignity -- Class 1 misdemeanor 8 (2) (b) (xxii) War crime of rape -- Class 7 felony 8 (2) (b) (xxii) War crime of sexual slavery -- Class 7 felony 8 (2) (b) (xxii) War crime of enforced prostitution -- Class 7 felony 8 (2) (b) (xxii) War crime of forced pregnancy -- Class 7 felony 8 (2) (b) (xxii) War crime of enforced sterilization -- Class 6 felony 8 (2) (b) (xxii) War crime of sexual violence -- Class 6 felony 8 (2) (b) (xxiii) War crime of using protected persons as shields -- Class 1 felony 8 (2) (b) (xxiv) War crime of using the distinctive emblems of the Geneva Convention -- Class 1 misdemeanor 8 (2) (b) (xxv) War crime of starvation as a method of warfare -- Class 4 felony 8 (2) (b) (xxvi) War crime of using, conscripting or enlisting children Resulting in death or permanent injury of the conscripted, not minor – Class 3 felony. If no known death or permanent injury of the conscripted, not minor – Class 2 felony Resulting in death or permanent injury of a conscripted minor – Class 4 felony. If no known death or permanent injury of a conscripted minor – Class 3 felony 8 (2) (c) (i) - 1 War crime of murder -- Class 7 felony 8 (2) (c) (i) - 2 War crime of mutilation -- Class 1 felony 8 (2) (c) (i) - 3 War crime of cruel treatment -- Class 1 felony 8 (2) (c) (i) - 4 War crime of torture -- Class 7 felony 8 (2) (c) (ii) War crime of outrages upon personal dignity -- Class 1 misdemeanor 8 (2) (c) (iii) War crime of taking hostages -- Class 6 felony 8 (2) (c) (iv) War crime of sentencing or execution without due process Sentencing without due process -- Class 6 felony Execution without due process - -- Class 7 felony 8 (2) (e) (i) War crime of attacking civilians -- Class 3 felony 8 (2) (e) (ii) War crime of attacking objects or persons using the distinctive emblems of the Geneva Convention -- Class 1 misdemeanor 8 (2) (e) (iii) War crime of attacking personnel or objects involved in a humanitarian assistance or law enforcement mission -- Class 4 felony 8 (2) (e) (iv) War crime of attacking protected object -- Class 1 felony 8 (2) (e) (v) War crime of pillaging -- Class 1 felony 8 (2) (e) (vi) - 1 War crime of rape -- Class 7 felony 8 (2) (e) (vi) - 2 War crime of sexual slavery -- Class 7 felony 8 (2) (e) (vi) - 3 War crime of enforced prostitution -- Class 7 felony 8 (2) (e) (vi) - 4 War crime of forced pregnancy -- Class 7 felony 8 (2) (e) (vi) - 5 War crime of enforced sterilization -- Class 6 felony 8 (2) (e) (vi) - 6 War crime of sexual violence -- Class 6 felony 8 (2) (e) (vii) War crime of using, conscripting and enlisting children Resulting in death or permanent injury of the conscripted, not minor – Class 3 felony. If no known death or permanent injury of the conscripted, not minor – Class 2 felony Resulting in death or permanent injury of a conscripted minor – Class 4 felony. If no known death or permanent injury of a conscripted minor – Class 3 felony 8 (2) (e) (viii) War crime of displacing civilians -- Class 1 felony 8 (2) (e) (ix) War crime of treacherously killing or wounding Treacherously killing -- Class 7 felony Treacherously wounding -- Class 6 felony 8 (2) (e) (x) War crime of denying quarter -- Class 6 felony 8 (2) (e) (xi) – 1 War crime of mutilation -- Class 1 felony 8 (2) (e) (xi) – 2 War crime of medical or scientific experiments -- Class 5 felony 8 (2) (e) (xii) War crime of destroying or seizing the enemy's property -- Class 1 misdemeanor Adopted as World Legislative Act #19, on 28 December 2003, Chennai, India, at the Seventh Session of the Provisional World Parliament, convened in conformance with the Constitution for the Federation of Earth. Attested: Eugenia Almand Parliamentary Secretary For further reference, go to www.worldproblems.net, www.wcpa.biz, www.worldparliamentgov.net Elements of Crimes .pdf at www.icc-cpi.int/php/show.php?id=elements contact: govt_rules@yahoo.com
World Legislative Act Number 20 World Bench for Criminal Cases
Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time, Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity, Recognizing that such grave crimes threaten the peace, security and well-being of the world, Affirming that the most serious crimes of concern to the world community as a whole must not go without legal response and that their effective prosecution must be ensured by taking measures at the world federal level in conformance with the Earth Constitution, Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes, Recalling that it is the duty of the Earth Federation to exercise its criminal jurisdiction over those in violation of world federal law, Reaffirming the Purposes and Principles of the Earth Federation, and in particular that all citizens shall refrain from the threat or use of military force against one another or against the territorial integrity or political independence of any State member of the Earth Federation, or in any other manner inconsistent with the Purposes of the Earth Federation, Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any nation to intervene in an armed conflict or in the internal affairs of any other nation, Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the Earth Federation system, with jurisdiction over the most serious crimes of concern to the world community as a whole, Emphasizing that the World Criminal Court established under this Statute shall be complementary to national criminal jurisdictions, Resolved to guarantee lasting respect for and the enforcement of international and global justice, The seventh session of the provisional World Parliament hereby adopts this Act to establish the World Bench for Criminal Cases. PART 1. ESTABLISHMENT OF THE COURT The Court A World Bench for Criminal Cases ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of world concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute. Relationship of the Court with the United Nations As the Court is an organ of federal world government in conformance with the Earth Constitution, and as the United Nations is an international body without the benefit and strength of any world federal structure, the United Nations is a subordinate body to the Court. Irrespective of any United Nations Charter provision to the contrary, all human beings in the United Nations System are accountable to the Court. All natural persons representing the General Assembly, the Security Council, the Secretariat, the Economic and Social Council and the International Court of Justice have no legal privilege or immunity at the world federal level of jurisdiction. United Nations Charter provisions to the contrary are illegal and void. Judges of the Court shall find attempts to use immunity clauses of the United Nations Charter as Contempt of Court (Class 3 Misdemeanor) or as Obstruction of Justice (Class 3 felony), in which case the Court shall hold a separate trial on this charge for the accused. Seat of the Court 3.1.
The seat of the Court shall be established at The Hague in the
Netherlands ("the host State"). 3.3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute. Legal status and powers of the Court 4.1.
The Court shall have global legal personality. It shall also have such
legal capacity as may be necessary for the exercise of its functions and
the fulfillment of its purposes. PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW Crimes within the jurisdiction of the Court 5.1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the world community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes: 5.1.1. The crime of genocide; 5.1.2. Crimes against humanity; 5.1.3. War crimes; 5.1.4. The crime of aggression; 5.1.5. Environmental crimes; 5.1.6. World federal corruption; 5.1.7. Interference in world government. Genocide For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: 6.1. Killing members of the group; 6.2. Causing serious bodily or mental harm to members of the group; 6.3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; 6.4. Imposing measures intended to prevent births within the group; 6.5. Forcibly transferring children of the group to another group. Crimes against humanity 7.1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: 7.1.01. Murder; 7.1.02. Extermination; 7.1.03. Enslavement; 7.1.04. Deportation or forcible transfer of population; 7.1.05. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of world law; 7.1.06. Torture; 7.1.07. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; 7.1.08. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under world law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; 7.1.09. Enforced disappearance of persons; 7.1.10. The crime of apartheid; 7.1.11. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. 7.2. For the purpose of paragraph 1: 7.2.1. "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack; 7.2.2. "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population; 7.2.3. "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children; 7.2.4. "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law; 7.2.5. "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions; 7.2.6. "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy; 7.2.7. "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity; 7.2.8. "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime; 7.2.9. "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time. 7.3.
For the purpose of this Statute, it is understood that the term "gender"
refers to the sexes, male and female, within the context of society, to
also include with protection sexes that do not clearly fit solely one of
these categories. The term "gender" does not indicate any meaning
different from the above. War crimes 8.2.1. Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: 8.2.1.1. Willful killing; 8.2.1.2. Torture or inhuman treatment, including biological experiments; 8.2.1.3. Willfully causing great suffering, or serious injury to body or health; 8.2.1.4.) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; 8.2.1.5.. Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; 8.2.1.6. Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; 8.2.1.7. Unlawful deportation or transfer or unlawful confinement; 8.2.1.8.
Taking of hostages. 8.2.2. Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts: 8.2.2.01. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; 8.2.2.02. Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; 8.2.2.03. Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or law enforcement mission in accordance with the Earth Constitution, as long as they are entitled to the protection given to civilians or civilian objects under adopted world law of the Earth Federation; 8.2.2.04. Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; 8.2.2.05. Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended; 8.2.2.06. Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion; 8.2.2.07. Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of police insignia of the Earth Federation, resulting in death or serious personal injury; 8.2.2.08. The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory, contrary to the Bill of Rights of the Earth Constitution; 8.2.2.09. Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected; 8.2.2.10. Subjecting persons who are in the power of an adverse party to torture, to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; 8.2.2.11. Killing or wounding treacherously individuals belonging to the hostile nation or army; 8.2.2.12. Declaring that no quarter will be given; 8.2.2.13. Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war; 8.2.2.14. Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party, or of any world citizen; 8.2.2.15. Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war; 8.2.2.16. Pillaging a town or place, even when taken by assault; 8.2.2.17. Employing poison or poisoned weapons; 8.2.2.18. Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; 8.2.2.19. Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; 8.2.2.20. Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the world law. provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute,; 8.2.2.21. Committing outrages upon personal dignity, in particular humiliating and degrading treatment; 8.2.2.22. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions; 8.2.2.23. repealed. 8.2.2.24. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; 8.2.2.25. Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions; 8.2.2.26.
Conscripting or enlisting children under the age of
fifteen years into national armed forces , conscripting
into paramilitary forces, or using children to
participate actively in hostilities. This paragrapgh
does not criminalize children, nor criminalize
children's right to self-protection, which is legal. 8.2.3. In the case of
an armed conflict not of an international character, any of the
following acts committed against persons taking no active part
in the hostilities, including members of armed forces who have
laid down their arms and those placed hors de combat
by sickness, wounds, detention or any other cause: 8.2.3.1. Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; 8.2.3.2. Committing outrages upon personal dignity, in particular humiliating and degrading treatment; 8.2.3.3. Taking of hostages; 8.2.3.4. The
passing of sentences and the carrying out of executions
without previous judgement pronounced by a regularly
constituted court, affording all judicial guarantees
which are generally recognized as indispensable. 8.2.4. Paragraph (8.2.3.) applies to all armed conflicts not of an international character and thus may not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. Internal cases are subject to legal review by the World Ombudsmus, the World Attorney General, and the World Courts, and may result in legal prosecutions in the World Court. 8.2.5. Other serious
violations of the laws and customs applicable in armed conflicts
not of an international character, within the established
framework of international law, namely, any of the following
acts: 8.2.5.01. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; 8.2.5.02. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Earth Federation in conformity with world law; 8.2.5.03. Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or law enforcement mission in accordance with the Earth Constitution, as long as they are entitled to the protection given to civilians or civilian objects under world law; 8.2.5.04. Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected; 8.2.5.05. Pillaging a town or place, even when taken by assault; 8.2.5.06. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2.6 (7.2.6.), enforced sterilization, and any other form of sexual violence; 8.2.5.07. Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities. However, this provision does not criminalize children nor criminalize the child's right to self-protection, which is legal; 8.2.5.08. Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand; 8.2.5.09. Killing or wounding treacherously a combatant adversary; 8.2.5.10. Declaring that no quarter will be given; 8.2.5.11. Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; 8.2.5.12. Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict; 8.2.6. Paragraph (8.2.5.) applies to armed conflicts not of an international character and thus may not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups. 8.3.
Nothing in paragraph (8.2.3.) and (8.2.5.) shall affect the
responsibility of a Government to maintain or re-establish law and order
in the State or to defend the unity and territorial integrity of the
State, by all legitimate means. Elements of Crimes 9.2. Amendments to the Elements of Crimes may be proposed by: 9.2.1. Members of the provisional World Parliament and World Parliament; 9.2.2. The Criminal Bench World Court judges acting by an absolute majority; 9.2.3. The Prosecutor. The provisional World Parliament and World Parliament
may each adopt to amend the Elements of Crimes by simple majority
vote. Jurisdiction ratione temporis
Preconditions to the exercise of jurisdiction 12.2.1. The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft; 12.2.2. The State of which the person accused of the crime is a national. 12.3.
If the acceptance of a State which is not a Party to the Earth
Constitution is required under paragraph 2 (12.2), that State may,
by declaration lodged with the Registrar, accept the exercise of
jurisdiction by the Court with respect to the crime in question. The
accepting State shall cooperate with the Court without any delay or
exception in accordance with Part 9. Exercise of jurisdiction 13.1. The World Ombudsmus or a State Party in accordance with article (14) refers a situation in which one or more of such crimes appears to have been committed; 13.2. The World Presidium refers to the Prosecutor a situation in which one or more of such crimes appears to have been committed ; or 13.3. The Prosecutor has initiated an investigation in respect of such a crime in accordance with article (15). Referral of a situation by World Ombudsmus or a State Party to the Earth Constitution Prosecutor 15.1.
The Prosecutor may initiate investigations proprio motu on
the basis of information on crimes within the jurisdiction of the Court.
Deferral of investigation or prosecution 16.2. The World Court may find any attempt to defer investigation or prosecution legislation, by any Security Council representative, or any attempt by a member of the World Presidium or World Cabinet, except for motions for legislation to discourage spurious or frivolous cases, to be Contempt of Court (Class 3 Misdemeanor). If the attempt to defer investigation or prosecution continues, the World Court may charge Obstruction of Justice (Class 3 felony). In the case charge of Obstruction or Justice, a separate trial must be held for the individual accused of Obstruction. Issues of admissibility 17.1.1. The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution; 17.1.2. The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute; 17.1.3. The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3 (20.3); 17.1.4. The case is not of sufficient gravity to justify further action by the Court. 17.2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by world law, whether one or more of the following exist, as applicable: 17.2.1. The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article (5); 17.2.2. There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice; 17.2.3. The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice. 17.3.
In order to determine inability in a particular case, the Court shall
consider whether, due to a total or substantial collapse or
unavailability of its national judicial system, the State is unable to
obtain the accused or the necessary evidence and testimony or otherwise
unable to carry out its proceedings. If the State is unable, the
jurisdiction belongs to the World Court. Preliminary rulings regarding admissibility 18.2.
Within one month of receipt of that notification, a State may inform the
Court that it is investigating or has investigated its nationals or
others within its jurisdiction with respect to criminal acts which may
constitute crimes referred to in article (5) and which relate to the
information provided in the notification to States. At the request of
that State, the Prosecutor shall defer to the State's investigation of
those persons unless the Pre-Trial Chamber, on the application of the
Prosecutor, decides to authorize the investigation. Challenges to the jurisdiction of the Court or the admissibility of a case 19.02.1. An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article (58); 19.02.2. A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or 19.02.3. A State from which acceptance of jurisdiction is required under article (12). 19.03.
The Prosecutor may seek a ruling from the Court regarding a question of
jurisdiction or admissibility. In proceedings with respect to
jurisdiction or admissibility, those who have referred the situation
under article (13), as well as victims, may also submit observations to
the Court. 19.05.
A State referred to in paragraph (19.2.2) and (19.2.3) shall make a
challenge at the earliest opportunity. 19.08.1. To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6 (18.6.); 19.08.2. To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and 19.08.3. In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article (58). 19.09.
The making of a challenge shall not affect the validity of any act
performed by the Prosecutor or any order or warrant issued by the Court
prior to the making of the challenge. Ne bis in idem 20.2.
No person shall be tried by another court for a crime referred to in
article (5) for which that person has already been convicted or
acquitted by the Court. 20.3.1. Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or 20.3.2. Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by world law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice. 20.4. Secret trials and binding mock trials are not admissible in the Earth Federation. [(Elements 8 (2) (a) (vi)) - Class 3 felony, or in cases of sentencing, [Elements 8 (2) (c) (iv)] - Class 6 felony) If the Court determines that a State has held a secret trial or binding mock trial that unjustly exonerates an individual, or to affect an unreasonably light sentence, that defeats the purpose of this Article, the Court and Prosecutor may prosecute those individuals who effected the secret or binding mock trial. Applicable law 21.1.1. In the first place, the Constitution for the Federation of Earth (Earth Constitution) 21.1.2. In the second place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence; and where appropriate, applicable principles and rules of world law, including the established principles of the world law of armed conflict, described in World Legislative Acts (WLA#1), (WLA#13) or other world legislative statutes; 21.1.3. Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with the Earth Constitution, this Statute, world law and world recognized norms and standards. 21.2.
The Court may apply principles and rules of law as interpreted in its
previous decisions, insofar as not inconsistent with the Earth
Constitution and world legislation. PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW Nullum crimen sine lege 22.1.
A person shall not be criminally responsible under this Statute unless
the conduct in question constitutes, at the time it takes place, a crime
within the jurisdiction of the Court. 22.3. This article shall not affect the characterization of any conduct as criminal under world law independently of this Statute. Nulla poena sine lege
A person convicted by the Court may be punished only in accordance with
this Statute, or other world legislation of the World Parliament. Non-retroactivity ratione personae 24.1.
No person shall be criminally responsible under this Statute for conduct
prior to the entry into force of the Statute. Individual criminal responsibility 25.1.
The Court shall have jurisdiction over natural persons pursuant to this
Statute. 25.3.1. Commits a world crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible; 25.3.2. Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted; 25.3.3. For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission; 25.3.4. In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either: 25.3.4.1. Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or 25.3.4.2. Be
made in the knowledge of the intention of the group to
commit the crime; 25.3.5. In respect of the crime of genocide, directly and publicly incites others to commit genocide; 25.3.6. Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose. 25.4.
No provision in this Statute relating to individual criminal
responsibility shall affect the responsibility of States under world
law. Exclusion of jurisdiction over persons under eighteen The World Bench for Criminal Cases shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime. However, the World Parliament may adopt world legislation for a World Bench for Juvenile Cases, based upon principles of the Earth Constitution, this Statute, and other world legislation. World legislation for a Juvenile Court may establish a separate distinct penalty classification for world crimes that is less severe than that of the penalties established for adults. Irrelevance of official capacity 27.1.
This Statute shall apply equally to all persons without any distinction
based on official capacity. In particular, official capacity as a Head
of State or Government, a member of a Government or parliament, an
elected representative or a government official shall in no case exempt
a person from criminal responsibility under this Statute, nor shall it,
in and of itself, constitute a ground for reduction of sentence. Responsibility of commanders and other superiors In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court: 28.1. A military
commander or person effectively acting as a military commander
shall be criminally responsible for crimes within the
jurisdiction of the Court committed by forces under his or her
effective command and control, or effective authority and
control as the case may be, as a result of his or her failure to
exercise control properly over such forces, where: 28.1.1. That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and 28.1.2. That
military commander or person failed to take all
necessary and reasonable measures within his or her
power to prevent or repress their commission or to
submit the matter to the competent authorities for
investigation and prosecution. 28.2. With respect to
superior and subordinate relationships not described in
paragraph (28.1.), a superior shall be criminally responsible
for crimes within the jurisdiction of the Court committed by
subordinates under his or her effective authority and control,
as a result of his or her failure to exercise control properly
over such subordinates, where: 28.2.1. The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes; 28.2.2. The crimes concerned activities that were within the effective responsibility and control of the superior; and 28.2.3. The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution. Non-applicability of statute of limitations
The crimes within the jurisdiction of the Court shall not be subject to
any statute of limitations. Mental element 30.1.
Unless otherwise provided, a person shall be criminally responsible and
liable for punishment for a crime within the jurisdiction of the Court
only if the material elements are committed with intent and knowledge.
30.2.1. In relation to conduct, that person means to engage in the conduct; 30.2.2. In relation to a consequence, that person means to cause that consequence or is aware that the consequence will occur in the ordinary course of events. 30.3.
For the purposes of this article, "knowledge" means awareness that a
circumstance exists or a consequence will occur in the ordinary course
of events. "Know" and "knowingly" shall be construed accordingly. Grounds for excluding criminal responsibility 31.1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct: 31.1.1. The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law; However, in case of mental disease or defect, the Court may determine medical care that includes indefinite detention in a medical facility, as advised by licensed physicians of the Earth Federation. 31.1.2. The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court; 31.1.3. The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph; 31.1.4. The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be: 31.1.4.1. Made by other persons; or 31.1.4.2. Constituted by other circumstances beyond that person's control. 31.2.
The Court shall determine the applicability of the grounds for excluding
criminal responsibility provided for in this Statute to the case before
it. Mistake of fact or mistake of law 32.1.
A mistake of fact shall be a ground for excluding criminal
responsibility only if it negates the mental element required by the
crime. Superior orders and prescription of law 33.1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless: 33.1.1. The person was under a legal obligation to obey orders of the Government or the superior in question; 33.1.2. The person did not know that the order was unlawful; and 33.1.3. The order was not manifestly unlawful. 33.2.
For the purposes of this article, orders to commit genocide , crimes
against humanity, war crimes or to otherwise violate world legislation
are manifestly unlawful. PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT Organs of the Court 34.1. The Court shall be composed of the following organs: 34.1.1. The Presidency (Presiding Council, that will include world judges for other world benches, as well); 34.1.2. An Appeals Division, a Trial Division and a Pre-Trial Division; 34.1.3. The Registry. 34.2. The Office of the Prosecutor comprises the World Attorney General Office of the Enforcement System, and functions in accordance with the Earth Constitution and World Legislation. Service of judges 35.1.
All judges shall be elected as full-time members of the Court and shall
be available to serve on that basis from the commencement of their terms
of office. Qualifications, nomination and election of judges 36.01.
Subject to the provisions of paragraph (36.2), there shall be 18 judges
of the Court. 36.02.3.1. Once a proposal for an increase in the number of judges has been adopted under subparagraph (36.2.2.), the election of the additional judges shall take place no later than at the next session of the World Parliament; 36.02.3.2. Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (36.2.2.) and (36.2.3.1.), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph (36.1.). The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (36.2.1.) and (36.2.2.). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached. 36.03.1. The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices, and who affirm support for the Earth Constitution. 36.03.2. Every candidate for election to the Court shall: 36.03.2.1. Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or 36.03.2.2. Have established competence in relevant areas of world law such as adopted former international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;
36.03.3. Every candidate for election to the
Court shall have an excellent knowledge of and be fluent in at least one
of the working languages of the Court. 36.04.1.1. By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or 36.04.1.2. By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court, if that procedure is not in conflict with the Earth Constitution. .
Nominations shall be accompanied by a statement in the necessary detail
specifying how the candidate fulfils the requirements of paragraph
(36.03.) List 1 containing the names of candidates with the qualifications specified in paragraph (36.03.2.1.) ; and List 2 containing the names of candidates with the qualifications specified in paragraph (36.03.2.2.)
A candidate with sufficient qualifications for both lists may choose on
which list to appear. At the first election to the Court, at least nine
judges shall be elected from list 1 and at least five judges from list
2. Until the House of Counsellors is formed, the World Parliament shall
organize subsequent elections to maintain the equivalent proportion on
the Court of judges qualified on the two lists. 36.07.
The World Parliament shall elect an equal number of World Judges from
each of ten World Electoral and Administrative Magna-Regions, if not
immediately then by rotation. No two judges may be nationals of the same
State. A person who, for the purposes of membership of the Court, could
be regarded as a national of more than one State shall be deemed to be a
national of the State in which that person ordinarily exercises civil
and political rights. 36.08.1.1. The representation of the principal legal systems of the world; 36.08.1.2. Equitable geographical representation; and 36.08.1.3. A fair representation of female and male judges.
36.08.2. States Parties shall also take into
account the need to include judges with legal expertise on specific
issues, including, but not limited to, violence against women or
children. Judicial vacancies 37.1.
In the event of a vacancy, an election shall be held in accordance with
article (36) to fill the vacancy. The Presidency 38.1.
An absolute majority of the judges of the Collegium of World Judges
shall elect the President (Chief Justice) and the four Vice-Presidents
(Associate Chief Justices) shall each serve for a term of five years or
until the end of their respective terms of office as judges, whichever
expires earlier. They shall be eligible for re-election once, except for
the Chief Justice. Chambers 39.1.
As soon as possible after the election of the judges, the Court shall
organize itself into the divisions specified in article 34, paragraph 2
(34.2). The Appeals Division shall be composed of the President (Chief
Justice) and four other judges, the Trial Division of not less than six
judges and the Pre-Trial Division of not less than six judges. The
assignment of judges to divisions shall be based on the nature of the
functions to be performed by each division and the qualifications and
experience of the judges elected to the Court, in such a way that each
division shall contain an appropriate combination of expertise in
criminal law and procedure and in world law, including international law
adopted as world law by the World Parliament. The Trial and Pre-Trial
Divisions shall be composed predominantly of judges with criminal trial
experience. 39.2.2.2. The functions of the Trial Chamber shall be carried out by three judges of the Trial Division; 39.2.2.3. The
functions of the Pre-Trial Chamber shall be carried out either
by three judges of the Pre-Trial Division or by a single judge
of that division in accordance with this Statute and the Rules
of Procedure and Evidence; 39.2.3. Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.
Independence of the judges 40.1.
The judges shall be independent in the performance of their functions.
Excusing and disqualification of judges 41.1.
The Presidency may, at the request of a judge, excuse that judge from
the exercise of a function under this Statute, in accordance with the
Rules of Procedure and Evidence. The Office of the Prosecutor (World Attorney General) 42.1. The Office of the Prosecutor shall act independently as a separate organ of the Earth Federation. It shall be responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. A member of the Office shall not seek or act on instructions from any external source, and shall act in conformance to the Earth Constitution and world law at all times. The World Parliament shall not issue any bill of attainder. However, legislative directive of the World Parliament is not an external source, and the Office of the Prosecutor is responsible to the World Parliament. Simple majority vote of the three Houses of the World Parliament in joint session may remove from office for cause any member of the Office of the Prosecutor and any Regional Prosecutor . 42.2.
The Office shall be headed by the Prosecutor. The Prosecutor shall have
full authority over the management and administration of the Office,
including the staff, facilities and other resources thereof. Four Deputy
Prosecutors (Associate World Attorneys General) shall assist the
Prosecutor. Deputy Prosecutors are entitled to carry out any of the acts
required of the Prosecutor under this Statute. The Prosecutor and the
Deputy Prosecutors shall be of different nationalities, from each of the
five continental regions of Earth. They shall serve on a full-time
basis. The position of Prosecutor shall rotate every two years among the
five members of the Office. The order of rotation shall be decided among
the five members of the Office. 42.8.1. The person being investigated or prosecuted may at any time request the disqualification of the Prosecutor or a Deputy Prosecutor on the grounds set out in this article; 42.8.2. The Prosecutor or the Deputy Prosecutor, as appropriate, shall be entitled to present his or her comments on the matter; 42.9.
The Prosecutor shall appoint advisers with legal expertise on specific
issues, including, but not limited to, sexual and gender violence and
violence against children. The Registry 43.1.
The Registry shall be responsible for the non-judicial aspects of the
administration and servicing of the Court, without prejudice to the
functions and powers of the Prosecutor in accordance with article (42).
Staff 44.1.
The Prosecutor and the Registrar shall appoint such qualified staff as
may be required to their respective offices. In the case of the
Prosecutor, this shall include the appointment of investigators. After
the World Civil Service Administration lists are created, the Prosecutor
and Registrar shall select appointments from the World Civil Service
lists. Solemn undertaking
Before taking up their respective duties under this Statute, the judges,
the Prosecutor, the Deputy Prosecutors, the Regional World Attorneys,
the Registrar and the Deputy Registrar shall each make a solemn
undertaking in open court to exercise his or her respective functions
impartially and conscientiously. This undertaking shall include
affirmation to uphold the Constitution for the Federation of Earth. Removal from office 46.1. A judge, the Prosecutor, a Deputy Prosecutor, a Regional World Attorney, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph (46.2), in cases where that person: 46.1.1. Is found to have committed serious misconduct or a serious breach of his or her duties under this Statute, as provided for in the Rules of Procedure and Evidence; or 46.1.2. Is unable to exercise the functions required by this Statute. 46.2. A decision as to the removal from office of a judge, the Prosecutor, a Deputy Prosecutor or a Regional World Attorney under paragraph 1 of this Article 46 (46.1) shall be made by the World Parliament in Joint Session by secret ballot: 46.2.1. In the case of a judge, by an absolute two-thirds majority of the three Houses of World Parliament in Joint Session. The World Parliament shall consider any recommendation adopted by a two-thirds majority of the other judges; 46.2.2. In the case of the Prosecutor, a Deputy Prosecutor, or a Regional World Attorney by a simple majority of the World Parliament in Joint Session. The World Parliament shall consider any recommendation by an absolute majority of the States Parties to the Earth Constitution. 46.3.
Decision of an absolute majority of the judges shall remove the
Registrar or Deputy Registrar from office Disciplinary measures
A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar
who commits misconduct of a less serious nature than that set out in
article 46, paragraph 1, is subject to disciplinary measures, in
accordance with the Rules of Procedure and Evidence. Privileges and immunities 48.1.
The Court enjoys in the territory of each State Party such privileges
and immunities as are necessary for the fulfilment of its purposes. (48.5.1.) A judge or the Prosecutor may be waived by an absolute majority of the judges; (48.5.2.) The Registrar may be waived by the Presidency (Presiding Council); (48.5.3.) The Deputy Prosecutors and staff of the Office of the Prosecutor may be waived by the Prosecutor; (48.5.4.) The Deputy Registrar and staff of the Registry may be waived by the Registrar. Salaries, allowances and expenses The World Parliament shall determine the salaries, allowances and expenses to be assigned to judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar, as may be recommended by the Assembly of States Parties to the Earth Constitution. The World Civil Service administration shall recommend salaries, allowances and expenses in terms of Earth credits, to be adjusted as necessary and approved by the World Parliament. These salaries and allowances shall not be reduced during terms of office. The Planetary Comptrollers Office of the World Financial Administration shall supervise the disbursement of funds from the World Treasury to judges, the Prosecutor, the Deputy Prosecutors, Regional World Attorneys, the Registrar, the Deputy Registrar, and to all employees of the judicial and enforcement systems. In the event that the Comptrollers Office is not yet operational and providing the full designated salary in Earth Credits, the Assembly of States Parties to the Earth Constitution may prorate the deficient funds and distribute the difference from their own account(s) in their own currencies or in Earth credits, if available to the State. The World Treasury shall reimburse to States Parties any funds thereby distributed and registered with the Comptrollers office, by installments to start 12 months after the beginning of the first operative stage of world government, and to be completed within a ten year schedule. Upon declaration of the first operative stage of world government, in conformance with the Earth Constitution, the salaries, allowances and expenses shall be redetermined by the World Parliament, however without reduction during a term of office Official and working languages 50.1.
The official languages of the Court shall be Arabic, Chinese, English,
French, Russian, Spanish and Esperanto. The judgments of the Court, as
well as other decisions resolving fundamental issues before the Court,
shall be published in the official languages. The Presidency (Presiding
Council) shall, in accordance with the criteria established by the Rules
of Procedure and Evidence, determine which decisions may be considered
as resolving fundamental issues for the purposes of this paragraph. Rules of Procedure and Evidence 51.1.
The Rules of Procedure and Evidence shall enter into force upon
adoption by a simple majority of the members of the provisional World
Parliament. Amendments to the Rules of Procedure and Evidence may be recommended by: 51.2.1. Any State Party to the Earth Constitution; 51.2.2. The judges acting by an absolute majority; 51.2.3. The Prosecutor. or
51.2.4. Any Member of the Provisional World Parliament or World
Parliament. Regulations of the Court 52.1.
The judges shall, in accordance with this Statute and the Rules of
Procedure and Evidence, adopt, by an absolute majority, the
Regulations of the Court necessary for its routine functioning. PART 5. INVESTIGATION AND PROSECUTION Initiation of an investigation 53.1. The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether: 53.1.1. The information available to the Prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed; 53.1.2. The case is or would be admissible under article 17; and 53.1.3. Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.
If the Prosecutor determines that there is no reasonable basis to
proceed and his or her determination is based solely on subparagraph
(53.1.3.) above, he or she shall inform the Pre-Trial Chamber. 53.2.1. There is not a sufficient legal or factual basis to seek a warrant or summons under article (58); 53.2.2. The case is inadmissible under article (17); or 53.2.3.. A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime; the Prosecutor shall inform the Pre-Trial Chamber, the World Ombudsmus and the State making a referral under article (14), and the World Presidium in a case under article (13), paragraph 2 (13.2.), of his or her conclusion and the reasons for the conclusion. 53.3.1. At the request of the World
Ombudsmus or State making a referral under article (14) or the World
Presidium under article (13), paragraph 2 (13.2.), the Pre-Trial Chamber
may review a decision of the Prosecutor under paragraph (53.1) or (53.2)
not to proceed and may request the Prosecutor to reconsider that
decision. 53.5. The World Ombudsmus may initiate prosecution
independently from the Prosecutor in cases regarding rights violations,
or in cases regarding misfeasance or malfeasance at the world government
level of jurisdiction. Duties and powers of the Prosecutor with respect to investigations 54.1.1. In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally; 54.1.2. Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and 54.1.3. Fully respect the rights of persons arising under this Statute. 54.2. The Prosecutor may conduct investigations on the territory of a State: 54.1.1. In accordance with the provisions of Part 9; or 54.1.2. As authorized by the Pre-Trial Chamber under article 57, paragraph 3.4 (57.3.4.). 54.3. The Prosecutor may: 54.3.1. Collect and examine evidence; 54.3.2. Request the presence of and question persons being investigated, victims and witnesses; 54.3.3. Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate; 54.3.4. Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person; 54.3.5. Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and 54.3.6. Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence. Rights of persons during an investigation 55.1.1. Shall not be compelled to incriminate himself or herself or to confess guilt; 55.1.2. Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment; 55.1.3. Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and 55.1.4. Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute. 55.2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned: 55.2.1. To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court; 55.2.2. To remain silent, without such silence being a consideration in the determination of guilt or innocence; 55.2.3. To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and 55.2.4. To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel. Role of the Pre-Trial Chamber in relation to a unique investigative opportunity 56.2. The measures referred to in paragraph (56.1.2.) may include: 56.2.1. Making recommendations or orders regarding procedures to be followed; 56.2.2. Directing that a record be made of the proceedings; 56.2.3. Appointing an expert to assist; 56.2.4. Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence; 56.2.5. Naming one of its members or, if necessary, another available judge of the Pre-Trial or Trial Division to observe and make recommendations or orders regarding the collection and preservation of evidence and the questioning of persons; 56.2.6. Taking such other action as may be necessary to collect or preserve evidence. 56.3.1. Where the Prosecutor
has not sought measures pursuant to this article but the Pre-Trial
Chamber considers that such measures are required to preserve evidence
that it deems would be essential for the defence at trial, it shall
consult with the Prosecutor as to whether there is good reason for the
Prosecutor's failure to request the measures. If upon consultation, the
Pre-Trial Chamber concludes that the Prosecutor's failure to request
such measures is unjustified, the Pre-Trial Chamber may take such
measures on its own initiative. Functions and powers of the Pre-Trial Chamber 57.3.1. At the request of the Prosecutor, issue such orders and warrants as may be required for the purposes of an investigation; 57.3.2. Upon the request of a person who has been arrested or has appeared pursuant to a summons under article (58), issue such orders, including measures such as those described in article (56), or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defence; 57.3.3. Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information; 57.3.4. Authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 9 if, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9. 57.3.5. Where a warrant of arrest or a summons has been issued under article (58), and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1.11 (93.1.11.), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims. Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear 58.1.1. There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and 58.1.2. The arrest of
the person appears necessary: 58.1.2.1. To ensure the person's appearance at trial, 58.1.2.2. To ensure that the person does not obstruct or endanger the investigation or the court proceedings, or 58.1.2.3. Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances. 58.2. The application of the Prosecutor shall contain: 58.2.1. The name of the person and any other relevant identifying information; 58.2.2. A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; 58.2.3. A concise statement of the facts which are alleged to constitute those crimes; 58.2.4. A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and 58.2.5. The reason why the Prosecutor believes that the arrest of the person is necessary. 58.3. The warrant of arrest shall contain: 58.3.1. The name of the person and any other relevant identifying information; 58.3.2. A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and 58.3.3. A concise statement of the facts which are alleged to constitute those crimes. 58.4.
The warrant of arrest shall remain in effect until otherwise ordered by
the Court. 58.7.1. The name of the person and any other relevant identifying information; 58.7.2. The specified date on which the person is to appear; 58.7.3. A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and 58.7.4. A concise statement of the facts which are alleged to constitute the crime. The summons shall be served on the person. Arrest proceedings in the custodial State during the provisional World Government and first operative stage of World Government in conformance with the Earth Constitution 59.2.1. The warrant applies to that person; 59.2.2. The person has been arrested in accordance with the proper process; and 59.2.3. The person's rights have been respected. 59.3.
The person arrested shall have the right to apply to the competent
authority in the custodial State for interim release pending surrender.
59.6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release. 59.7. The custodial state shall deliver the accused person to the World Court as soon as possible, once the World Court orders the surrender. Initial proceedings before the Court 60.3. The Pre-Trial Chamber shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, the Pre-Trial Chamber may modify the ruling as to detention, release or conditions of release, if the Pre-Trial Chamber is satisfied that changed circumstances so require. 60.4. The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions. 60.5.
If necessary, the Pre-Trial Chamber may issue a warrant of arrest to
secure the presence of a person who has been released. Confirmation of the charges before trial 61.02. The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has: 61.02.1. Waived his or her right to be present; or 61.02.2. Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held. In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice. 61.03. Within a reasonable time before the hearing, the person shall: 61.03.1. Be provided with a copy of the document containing the charges on which the Prosecutor intends to bring the person to trial; and 61.03.2. Be informed of the evidence on which the Prosecutor intends to rely at the hearing.
The Pre-Trial Chamber may issue orders regarding the disclosure of
information for the purposes of the hearing. 61.05. At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial. 61.06. At the hearing, the person may: 61.06.1. Object to the charges; 61.06.2. Challenge the evidence presented by the Prosecutor; and 61.06.3. Present evidence. 61.07. The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall: 61.07.1. Confirm those charges in relation to which it has determined that there is sufficient evidence, and commit the person to a Trial Chamber for trial on the charges as confirmed; 61.07.2. Decline to confirm those charges in relation to which it has determined that there is insufficient evidence; 61.07.3. Adjourn the hearing and request the Prosecutor to consider: 61.07.3.1. Providing further evidence or conducting further investigation with respect to a particular charge; or 61.07.3.2. Amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court. 61.08. Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence. 61.09. After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges. 61.10. Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor. 61.11.
Once the charges have been confirmed in accordance with this article,
the Presidency shall constitute a Trial Chamber that, subject to
paragraph (61.9) and to article 64, paragraph 4 (64.4), shall be
responsible for the conduct of subsequent proceedings and may exercise
any function of the Pre-Trial Chamber that is relevant and capable of
application in those proceedings. Place of trial
Unless otherwise decided, the place of the trial shall be the seat of
the Court. Trial in the presence of the accused 63.1.
The accused shall be present during the trial. Functions and powers of the Trial Chamber 64.01. The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence. 64.02. The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses. 64.03. Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall: 64.03.1. Confer with the parties and adopt such procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings; 64.03.2. Determine the language or languages to be used at trial; and 64.03.3. Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial. 64.04. The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division. 64.05. Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused. 64.06. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary: 64.06.1. Exercise any functions of the Pre-Trial Chamber referred to in article 61, paragraph 11 (61.11); 64.06.2. Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute; 64.06.3. Provide for the protection of confidential information; 64.06.4. Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties; 64.06.5. Provide for the protection of the accused, witnesses and victims; and 64.06.6. Rule on any other relevant matters. 64.07.
The trial shall be held in public. The Trial Chamber may, however,
determine that special circumstances require that certain proceedings be
in closed session for the purposes set forth in article 68, or to
protect confidential or sensitive information to be given in evidence.
64.9.1. Rule on the admissibility or relevance of evidence; and 64.09.2. Take all necessary steps to maintain order in the course of a hearing. 64.10.
The Trial Chamber shall ensure that a complete record of the trial,
which accurately reflects the proceedings, is made and that it is
maintained and preserved by the Registrar. Proceedings on an admission of guilt 65.1. Where the accused makes an admission of guilt pursuant to article 64, paragraph 8.1. (64.8.1.), the Trial Chamber shall determine whether: 65.1.1. The accused understands the nature and consequences of the admission of guilt; 65.1.2. The admission is voluntarily made by the accused after sufficient consultation with defence counsel; and 65.1.3. The admission of guilt is supported by the facts of the case that are contained in: 65.1.3.1. The charges brought by the Prosecutor and admitted by the accused; 65.1.3.2. Any materials presented by the Prosecutor which supplement the charges and which the accused accepts; and 65.1.3.3. Any other evidence, such as the testimony of witnesses, presented by the Prosecutor or the accused. 65.2. Where the Trial Chamber is satisfied that the matters referred to in paragraph (65.1) are established, it shall consider the admission of guilt, together with any additional evidence presented, as establishing all the essential facts that are required to prove the crime to which the admission of guilt relates, and may convict the accused of that crime. 65.3. Where the Trial Chamber is not satisfied that the matters referred to in paragraph (65.1) are established, it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute and may remit the case to another Trial Chamber. 65.4. Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Trial Chamber may: 65.4.1. Request the Prosecutor to present additional evidence, including the testimony of witnesses; or 65.4.2. Order that the trial be continued under the ordinary trial procedures provided by this Statute, in which case it shall consider the admission of guilt as not having been made and may remit the case to another Trial Chamber. 65.5.
From any discussions between the Prosecutor and the defence regarding
modification of the charges, the admission of guilt or the penalty to be
imposed shall not be binding on the Court. Presumption of innocence 66.1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law. 66.2. The onus is on the Prosecutor to prove the guilt of the accused. 66.3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt. Rights of the accused 67.1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality: 67.1.1. To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks; 67.1.2. To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence; 67.1.3. To be tried without undue delay; 67.1.4. Subject to article 63, paragraph 2 (63.2.), to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it; 67.1.5. To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute; 67.1.6. To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks; 67.1.7. Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence; 67.1.8. To make an unsworn oral or written statement in his or her defence; and 67.1.9. Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal. 67.2.
In addition to any other disclosure provided for in this Statute, the
Prosecutor shall, as soon as practicable, disclose to the defence
evidence in the Prosecutor's possession or control which he or she
believes shows or tends to show the innocence of the accused, or to
mitigate the guilt of the accused, or which may affect the credibility
of prosecution evidence. In case of doubt as to the application of this
paragraph, the Court shall decide. Protection of the victims and witnesses and their participation in the proceedings 68.1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3 (7.3.), and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. 68.2. As an exception to the principle of public hearings provided for in article (67), the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness. 68.3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence. 68.4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6 (43.6.). 68.5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. 68.6.
A State may make an application for necessary measures to be taken in
respect of the protection of its servants or agents and the protection
of confidential or sensitive information. Evidence 69.1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness. 69.2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article (68) or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused. 69.3. The parties may submit evidence relevant to the case, in accordance with article (64). The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth. 69.4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence. 69.5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence. 69.6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them. 69.7. Evidence obtained by means of a violation of this Statute or internationally or world recognized human rights shall not be admissible if: 69.7.1. The violation casts substantial doubt on the reliability of the evidence; or 69.7.2. The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings. 69.8.
When deciding on the relevance or admissibility of evidence collected by
a State, the Court shall not rule on the application of the State's
national law. Offences against the administration of justice 70.1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally: 70.1.1. Giving false testimony when under an obligation pursuant to article 69, paragraph 1 (69.1), to tell the truth; 70.1.2. Presenting evidence that the party knows is false or forged; 70.1.3. Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence; 70.1.4. Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties; 70.1.5. Retaliating against an official of the Court on account of duties performed by that or another official; 70.1.6. Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties. 70.2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the ordered State and the Earth Constitution. 70.3.1. Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals; 70.3.2. Upon request or order by the Court, whenever the Court deems proper, the State Party shall submit the case to competent authorities of appropriate jurisdiction for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively. 70.4. Each offence against the administration of justice, as defined in this Article (70), is a class 3 felony offence. Sanctions for misconduct before the Court 71.1. The Court may sanction persons present before it who commit misconduct, including disruption of its proceedings or deliberate refusal to comply with its directions, by administrative measures other than imprisonment, such as temporary or permanent removal from the courtroom, a fine or other similar measures provided for in the Rules of Procedure and Evidence. 71.2.
The procedures governing the imposition of the measures set forth in
paragraph (71.1) shall be those provided for in the Rules of
Procedure and Evidence. Protection of national security information 72.1. This article applies in any case during provisional world government or the first operative stage of world government in accordance with the Earth Constitution, where the disclosure of the information or documents of a State Member of the Earth Federation would, in the opinion of that State, prejudice its national security interests. Such cases include those falling within the scope of article 56, paragraphs 2 and 3 (56.2 & 56.3), article 61, paragraph 3 (61.3), article 64, paragraph 3 (64.3), article 67, paragraph 2 (67.2), article 68, paragraph 6 (68.6), article 87, paragraph 6 (87.6) and article (93), as well as cases arising at any other stage of the proceedings where such disclosure may be at issue. This article does not apply to states that are not at least preliminary ratifiers of the Earth Constitution. During the second operative stage of world government in accordance with the Earth Constitution, this article applies in any case where disclosure of the information or documents of a State Member of the Earth Federation would, in the opinion of the World Court, prejudice its national interests. 72.2. This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests. 72.3. Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3.5 and 3.6 (54.3.5. & 54.3.6.), or the application of article (73). 72.4. If a State learns that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolution of the issue in accordance with this article. 72.5. If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include: 72.5.1. Modification or clarification of the request; 72.5.2. A determination by the Court regarding the relevance of the information or evidence sought, or a determination as to whether the evidence, though relevant, could be or has been obtained from a source other than the requested State; 72.5.3. Obtaining the information or evidence from a different source or in a different form; or 72.5.4. Agreement on conditions under which the assistance could be provided including, among other things, providing summaries or redactions, limitations on disclosure, use of in camera or ex parte proceedings, or other protective measures permissible under the Statute and the Rules of Procedure and Evidence. 72.6. Once all reasonable steps have been taken to resolve the matter through cooperative means, and if the State considers that there are no means or conditions under which the information or documents could be provided or disclosed without prejudice to its national security interests, it shall so notify the Prosecutor or the Court of the specific reasons for its decision, unless a specific description of the reasons would itself necessarily result in such prejudice to the State's national security interests. 72.7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions: 72.7.1. Where disclosure of the information or document is sought pursuant to a request for cooperation under Part 9 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 93, paragraph 4 (93.4): 72.7.1.1. The Court may, before making any conclusion referred to in subparagraph (72.7.1.2). request further consultations for the purpose of considering the State's representations, which may include, as appropriate, hearings in camera and ex parte; 72.7.1.2. If the Court concludes that, by invoking the ground for refusal under article 93, paragraph 4 (93.4.) in the circumstances of the case, the requested State is not acting in accordance with its obligations under this Statute, the Court may refer the matter in accordance with article 87, paragraph 7 (87.7), specifying the reasons for its conclusion; and 72.7.1.3. The
Court may make such inference in the trial of the
accused as to the existence or non-existence of a fact,
as may be appropriate in the circumstances; or 72.7.2. In all other
circumstances: 72.7.2.1. Order disclosure; or 72.7.2.2. To the extent it does not order disclosure, make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances. Third-party information or documents If the Court seeks a State Party to provide a document or information in State custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, the Court shall also order the originator to disclose that document or information. If the originator is a State Party to the Earth Constitution, that State shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article (72). If the originator is not a State Party to the Earth Constitution and refuses to consent to disclosure, the Court may press charges of obstruction of justice to the administrator at the highest level of that State. Inability to provide the document or information because of a pre-existing obligation of confidentiality of the originator is not recognized to non-Members of the Earth Federation. Requirements for the decision 74.1. All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending. 74.2. The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial. 74.3. The judges shall attempt to achieve unanimity in their decision, failing which the decision shall be taken by a majority of the judges. 74.4. The deliberations of the Trial Chamber shall remain secret. 74.5.
The decision shall be in writing and shall contain a full and reasoned
statement of the Trial Chamber's findings on the evidence and
conclusions. The Trial Chamber shall issue one decision. When there is
no unanimity, the Trial Chamber's decision shall contain the views of
the majority and the minority. The decision or a summary thereof shall
be delivered in open court. Reparations to victims 75.1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting. 75.2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation.
Where appropriate, the Court may order that the award for reparations be
made through the Trust Fund provided for in article (79). 75.4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1 (93.1). 75.5. A State Party shall give effect to a decision under this article as if the provisions of article (109) were applicable to this article. 75.6.
Nothing in this article shall be interpreted as prejudicing the rights
of victims under national or international law. Sentencing 76.1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence. 76.2. Except where article (65) applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence. 76.3. Where paragraph 2 applies (76.2.), any representations under article (75) shall be heard during the further hearing referred to in paragraph (76.2) and, if necessary, during any additional hearing. 76.4.
The sentence shall be pronounced in public and, wherever possible, in
the presence of the accused. Applicable penalties 77.1.. Subject to article (110), the Court may impose one of the following penalties on a person convicted of a crime referred to in article (5) of this Statute: 77.1.1. Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or 77.1.2. A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person. 77.2. In addition to imprisonment, the Court may order: 77.2.1. A fine under the criteria provided for in the Rules of Procedure and Evidence; 77.2.2. A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties. 77.3. As a separate act of World Legislation, the World Parliament deliberates and adopts a criminal code penalty classification (Penal Code, World Legislative Act #19) in order to impartially differentiate between the severity of the variously defined world crimes, to serve as the legislative directive by which the Court can make fair and impartial sentencing decisions. Drafters and deliberators of world legislation shall list the penalty classification at the end of respective provisions or as the last section of any provision defining prohibited activities. Determination of the sentence 78.1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person. 78.2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime. 78.3.
When a person has been convicted of more than one crime, the Court shall
pronounce a sentence for each crime and a joint sentence specifying the
total period of imprisonment. This period shall be no less than the
highest individual sentence pronounced and shall not exceed 30 years
imprisonment or a sentence of life imprisonment in conformity with
article 77, paragraph 1.2 (77.1.2.). Trust Fund 79.1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims. 79.2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund. 79.3.
The Trust Fund shall be managed according to criteria to be determined
by the Assembly of States Parties. Non-prejudice to national application of penalties and national laws Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part. Appeal against decision of acquittal or conviction or against sentence 81.1. A decision under article (74) may be appealed in accordance with the Rules of Procedure and Evidence as follows: 81.1.1 The Prosecutor
may make an appeal on any of the following grounds: 81.1.1.1. Procedural error, 81.1.1.2. Error of fact, or 81.1.1.3.
Error of law; 81.1.2. The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds: 81.1.2.1. Procedural error, 81.1.2.2. Error of fact, 81.1.2.3. Error of law, or 81.1.2.4. Any other ground that affects the fairness or reliability of the proceedings or decision. 81.2.1. A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence; 81.2.2. If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1.1 or 1.2 (81.1.1. or 81.1.2.), and may render a decision on conviction in accordance with article 83; 81.2.3. The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2.1 (81.2.1.). 81.3.1. Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal; 81.3.2. When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (81.3.3.) below; 81.3.3. In case of an acquittal, the accused shall be released immediately, subject to the following: 81.3.3.1. Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal; 81.3.3.2. A decision by the Trial Chamber under subparagraph (81.3.3.1.) may be appealed in accordance with the Rules of Procedure and Evidence. 81.4. Subject to the provisions of paragraph (81.3.1.) and (81.3.2.), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings. Appeal against other decisions 82.1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence: 82.1.1. A decision with respect to jurisdiction or admissibility; 82.1.2. A decision granting or denying release of the person being investigated or prosecuted; 82.1.3. A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3 (56.3.); -82.1.4. A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings. 82.2. A decision of the Pre-Trial Chamber under article 57, paragraph 3.4. (57.3.4.), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis. 82.3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence. 82.4. A legal representative
of the victims, the convicted person or a bona fide owner of
property adversely affected by an order under article (75) may appeal
against the order for reparations, as provided in the Rules of
Procedure and Evidence. Proceedings on appeal 83.1. For the purposes of proceedings under article (81) and this article, the Appeals Chamber shall have all the powers of the Trial Chamber. 83.2. If the Appeals Chamber finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may: 83.2.1. Reverse or amend the decision or sentence; or 83.2.2. Order a new trial before a different Trial Chamber. For these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue. When the decision or sentence has been appealed only by the person convicted, or the Prosecutor on that person's behalf, it cannot be amended to his or her detriment. 83.3. If in an appeal against sentence the Appeals Chamber finds that the sentence is disproportionate to the crime, it may vary the sentence in accordance with Part 7. 83.4. The judgement of the Appeals Chamber shall be taken by a majority of the judges and shall be delivered in open court. The judgement shall state the reasons on which it is based. When there is no unanimity, the judgement of the Appeals Chamber shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law. 83.5.
The Appeals Chamber may deliver its judgement in the absence of the
person acquitted or convicted. Revision of conviction or sentence 84.1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that: 84.1.1. New evidence has
been discovered that: 84.1.1.1. Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and 84.1.1.2. Is
sufficiently important that had it been proved at trial
it would have been likely to have resulted in a
different verdict; 84.1.2. It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified; 84.1.3. One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article (46.) 84.2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate: 84.2.1. Reconvene the original Trial Chamber; 84.2.2. Constitute a new Trial Chamber; or 84.2.3. Retain jurisdiction over the matter, with a view to, after hearing the parties in the
manner set forth in the Rules of Procedure and Evidence, arriving
at a determination on whether the judgement should be revised. Compensation to an arrested or convicted person 85.2. When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her. 85.3.
In exceptional circumstances, where the Court finds conclusive facts
showing that there has been a grave and manifest miscarriage of justice,
it may in its discretion award compensation, according to the criteria
provided in the Rules of Procedure and Evidence, to a person who
has been released from detention following a final decision of acquittal
or a termination of the proceedings for that reason. PART 9. INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE General obligation to cooperate
States Parties shall, in accordance with the provisions of this Statute,
cooperate fully with the Court in its investigation and prosecution of
crimes within the jurisdiction of the Court. Court orders for cooperation: general provisions 87.1.1. The Court has the authority to order States Parties to the Earth Constitution for cooperation. The court orders may be transmitted through the diplomatic channel or any other appropriate secure channel as may be designated by the Court. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence. 87.1.2. Upon integration of the International Criminal Police Organization (INTERPOL) into the Investigative Department of the Enforcement System, the Court may transmit orders through INTERPOL. If appropriate, without prejudice to the provisions of subparagraph (87.1.1.), the Court may also transmit orders through any appropriate regional organization. 87.2. Order for cooperation and any documents supporting the order shall either be in or be accompanied by a translation into an official language of the ordered State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence. 87.3. The ordered State shall keep confidential an order for cooperation and any documents supporting the order, except to the extent that the disclosure is necessary for execution of the order. 87.4. In relation to any order for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may order that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families. 87.5.1. The Court may order any State not party to the Earth Constitution to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis. 87.5.2. Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with orders pursuant to any such arrangement or agreement, the Court may so inform the World Parliament, the World Ombudsmus, the Assembly of States Parties or, may otherwise publicize the failure. 87.6. The Court may order any intergovernmental organization to provide information or documents. The Court may also order other forms of cooperation and assistance which that are in accordance with its competence or mandate. 87.7.
Where a State Party to the Earth Constitution fails to comply
with an order to cooperate with the Court contrary to the provisions of
this Statute, thereby preventing the Court from exercising its functions
and powers under this Statute, the Court may make a finding to that
effect and refer the matter to the World Parliament, the World Attorneys
General, the World Ombudsmus, the Assembly of States Parties or, may
otherwise publicize the failure. Availability of procedures under national law
States Parties shall ensure that there are procedures available under
their national law for all of the forms of cooperation which are
specified under this Part. Surrender of persons to the Court 89.1. The Court may transmit an order for the arrest and surrender of a person, together with the material supporting the order outlined in article (91), to any State on the territory of which that person may be found and may order the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with orders for arrest and surrender. 89.2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article (20), the ordered State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the ordered State shall proceed with the execution of the order. If an admissibility ruling is pending, the ordered State may postpone the execution of the order for surrender of the person until the Court makes a determination on admissibility. 89.3.1. A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender. 89.3.2. An order by the Court for transit shall be transmitted in accordance with article 87. The order for transit shall contain: 89.3.2.1. A description of the person being transported; 89.3.2.2. A brief statement of the facts of the case and their legal characterization; and 89.3.2.3. The warrant for arrest and surrender; 89.3.3. A person being transported shall be detained in custody during the period of transit; 89.3.4. No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State; 89.3.5. If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (89.3.2.). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time. 89.4. If the person sought is being proceeded against or is serving a sentence in the ordered State for a crime different from that for which surrender to the Court is sought, the ordered State, after initiating action to comply with the order, shall consult with the Court. Competing requests 90.1. A State Party which receives an order from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact. 90.2. Where the requesting State is a State Party, the requested State shall give priority to the order from the Court if: 90.2.1. The Court has, pursuant to article (18) or (19), made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or 90.2.2. The Court makes the determination described in subparagraph (90.2.1.) pursuant to the ordered State's notification under paragraph (90.1.). 90.3. Where a determination under paragraph (90.2.1). has not been made, the ordered State may, at its discretion, pending the determination of the Court under paragraph (90.2.2.) proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court shall determine on an expedited basis. 90.4. If the requesting State is a State not Party to this Statute the ordered State, shall give priority to the order for surrender from the Court, if the Court has determined that the case is admissible. 90.5. Where a case under paragraph (90.4) has not been determined to be admissible by the World Court, the ordered State may, at its discretion, proceed to deal with the request for extradition from the requesting State. 90.6. In cases where paragraph (90.4) applies except that the ordered State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the ordered State shall surrender the person to the World Court, along with notice of the international obligation. In sending notice, the ordered State shall include all the relevant factors, including but not limited to: 90.6.1. The respective dates of the requests; 90.6.2. The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and 90.6.3. The possibility of subsequent surrender between the Court and the requesting State. 90.7. Where a State Party which receives an order from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender: 90.7.1. The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the order from the Court; 90.7.2. The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph (90.6), but shall give special consideration to the relative nature and gravity of the conduct in question. The World Court may waive the existing international obligation and arrange subsequent surrender of the accused from the World Court to the requesting State. 90.8.
Where pursuant to a notification under this article, the Court has
determined a case to be inadmissible, and subsequently extradition to
the requesting State is refused, the ordered State shall notify the
Court of this decision. Contents of order for arrest and surrender 91.1. The Court shall make in writing. any order for arrest and surrender. In urgent cases, an order may be made by any medium capable of delivering a written record, provided that the order shall be confirmed through the channel provided for in article 87, paragraph 1.1. (87.1.1.). 91.2. In the case of an order for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article (58), the order shall contain or be supported by: 91.2.1. Information describing the person sought, sufficient to identify the person, and information as to that person's probable location; 91.2.2. A copy of the warrant of arrest; and 91.2.3. Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the ordered State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the ordered State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court. 91.3. In the case of an order for the arrest and surrender of a person already convicted, the order shall contain or be supported by: 91.3.1. A copy of any warrant of arrest for that person; 91.3.2. A copy of the judgement of conviction; 91.3.3. Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and 91.3.4. If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served. 91.4.
Upon the order of the Court, a State Party shall consult with the Court,
either generally or with respect to a specific matter, regarding any
requirements under its national law that may apply under paragraph
(91.2.3.) . During the consultations, the State Party shall advise the
Court of the specific requirements of its national law. Provisional arrest 92.1. In urgent cases, the Court may order the provisional arrest of the person sought, pending presentation of the order for surrender and the documents supporting the order as specified in article (91). 92.2. The Court shall send the order for provisional arrest by any medium capable of delivering a written record and shall contain: 92.2.1. Information describing the person sought, sufficient to identify the person, and information as to that person's probable location; 92.2.2. A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime; 92.2.3. A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and 92.2.4. A statement that an order for surrender of the person sought will follow. 92.3. A person who is provisionally arrested may be released from custody if the ordered State has not received the order for surrender and the documents supporting the order as specified in article (91) within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the ordered State. In such a case, the ordered State shall proceed to surrender the person to the Court as soon as possible. 92.4.
The fact that the person sought has been released from custody pursuant
to paragraph (92.3) shall not prejudice the subsequent arrest and
surrender of that person if the request for surrender and the documents
supporting the order are delivered at a later date. Other forms of cooperation 93.01. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with orders by the Court to provide the following assistance in relation to investigations or prosecutions: 93.01.01. The identification and whereabouts of persons or the location of items; 93.01.02. The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court; 93.01.03. The questioning of any person being investigated or prosecuted; 93.01.04. The service of documents, including judicial documents; 93.01.05. Facilitating the voluntary appearance of persons as witnesses or experts before the Court; 93.01.06. The temporary transfer of persons as provided in paragraph (93.07.); 93.01.07. The examination of places or sites, including the exhumation and examination of grave sites; 93.01.08. The execution of searches and seizures; 93.01.09 The provision of records and documents, including official records and documents; 93.01.10 The protection of victims and witnesses and the preservation of evidence; 93.01.11. The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and 93.01.12. Any other type of assistance which is not prohibited by the law of the ordered State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court. 93.02. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the ordered State. 93.03. Where execution of a particular measure of assistance detailed in an order presented under paragraph (93.01.), is prohibited in the ordered State on the basis of an existing fundamental legal principle of general application, the ordered State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court may modify the order, at the Court's pleasure. 93.04. In accordance with article (72), during provisional world government and the first operative stage of world government, a State Party to the Earth Constitution may deny an order for assistance, in whole or in part, only if the order concerns the production of any documents or disclosure of evidence which relates to its national security. 93.05. Before denying an order for assistance under paragraph (93.01.12.), the ordered State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them. 93.06. If an order for assistance is denied, the ordered State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial. 93.07.1. The Court may order the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. 93.07.2. The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the ordered State. 93.08.1. The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the order. 93.08.2. The ordered State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence. 93.08.3. The ordered State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence. 93.09.1.1. In the event that a State Party receives competing order and request, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to the competing State request. 93.09.1.2. Failing that, the Court shall resolve competing order and requests in accordance with the principles established in article (90) 93.09.2. Where, however, the order from the Court concerns information, property or persons that are subject to the control of a third State or an international organization by virtue of an international agreement, the ordered States shall so inform the Court and the Court shall direct its order to the third State or international organization. 93.10.1 During the stage of provisional world government and the first operative stage of world government, the World Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct that constitutes a crime within the jurisdiction of the World Court or that constitutes a serious crime under the national law of the requesting State. 93.10.2.1. The assistance provided under subparagraph (93.10.1.) may include, inter alia: 93.10.2.1.1. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and 93.10.2.1.2. The questioning of any person detained by order of the Court; 93.10.2.2. In the case of assistance under subparagraph (93.10.2.1.1.): 93.10.2.2.1. If the documents or other types of evidence have been obtained with the assistance of a State, transmission may require the consent of that State; 93.10.2.2.2. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission are subject to the provisions of article (68). 93.10.3. The Court may, under the conditions
set out in this paragraph, conditionally grant a request for assistance
under this paragraph from a State which is not a Party to the Earth
Constitution. The World Court may not grant assistance to any State,
the administration of which is attacking, ideologically or otherwise,
the Earth Federation or the Earth Federation member states. Postponement of execution of an order in respect of ongoing investigation or prosecution 94.2.
If a decision to postpone is taken pursuant to paragraph 94.1, the
Prosecutor may, however, seek measures to preserve evidence, pursuant to
article 93, paragraph 10 (93.10.) . Postponement of execution of an order in respect of an admissibility challenge Contents of order for other forms of assistance under article 93 96.2. The order shall, as applicable, contain or be supported by the following: 96.2.1. A concise statement of the purpose of the order and the assistance sought, including the legal basis and the grounds for the order; 96.2.2. As much detailed information as possible about the location or identification of any person or place that must be found or identified to provide the assistance sought; 96.2.3. A concise statement of the essential facts underlying the order; 96.2.4. The reasons for and details of any procedure or requirement to be followed; 96.2.5. Such information as may be required under the law of the ordered State to execute the order; and 96.2.6. Any other information relevant to provide the assistance sought. 96.3. Upon the order of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph (96.2.5.). During the consultations, the State Party shall advise the Court of the specific requirements of its national law. 96.4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the World Court. Consultations 97.1. Insufficient information to execute the order; 97.2. In the case of an order for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the ordered State is clearly not the person named in the warrant; or 97.3. The fact that execution of the order in its current form would require the ordered State to breach a pre-existing treaty obligation undertaken with respect to another State. Cooperation with respect to immunity and surrender
Execution of orders under articles (93) and (96) 99.2. In the case of an urgent order of the Court, the ordered State shall send urgently documents or evidence produced in response . 99.3. The Court shall transmit replies from the ordered State in their original language and form. This may include versions of the reply in any of the working languages of the Court. 99.4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of an order that can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the ordered State Party if it is essential for the order to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such order directly on the territory of a State as follows: 99.4.1. When the State Party ordered is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article (18) or (19), the Prosecutor may directly execute the request following all possible consultations with the ordered State Party; 99.4.2. In other cases, the Prosecutor may execute the order following consultations with the ordered State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the ordered State Party identifies problems with the execution of an order pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter. 99.5. During the stage of provisional world government and the first operative stage of world government, provisions allowing a person heard or examined by the Court under article (72) to invoke restrictions designed to prevent disclosure of confidential information connected with national security shall also apply to the execution of orders for assistance under this article. Costs 100.1.1. Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody; 100.1.2. Costs of translation, interpretation and transcription; 100.1.3. Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court; 100.1.4. Costs of any expert opinion or report requested by the Court; 100.1.5. Costs associated with the transport of a person being surrendered to the Court by a custodial State; and 100.1.6. Following consultations, any extraordinary costs that may result from the execution of a request. 100.2. The provisions of paragraph (100.1) shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution. 100.3. Each State Party to the Earth Constitution shall quarterly report the ordinary costs of court orders, accounted for and paid by the respective ordered State. The World Treasury, upon verification by the World Financial Administration, shall reimburse these costs to the ordered states, beginning with the first operative stage of world government, by installments not to last more than 20 years from the respective incurrence, repaying the equivalent value in Earth credits or Earth currency. Rule of speciality
Use of terms
102.2. "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation. 102.3. "request" means petition from one State to another, or from one state to the World Court; 102.4. "order" means binding directive from the World
Court. Role of States in enforcement of sentences of imprisonment 103.1.1. The Enforcement System shall impose sentence of imprisonment in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons, and which are member nations of the Earth Federation. Otherwise, the convict may serve sentences in established World Administrative Districts, World Federal Zones, in the World Oceans, Antarctica or in space, provided there are secure facilities there for the humane treatment of inmates. 103.1.2. The Court may agree to conditions requested by the State, in accordance with this Part. 103.1.3. A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation unconditionally. 103.2. 1. The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph (103.1), which could materially affect the terms or extent of the imprisonment. The designated State shall give the Court at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article (110.). 103.2.2. Where the Court cannot agree to the circumstances referred to in subparagraph (103.2.1.), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1 (104.1.). 103.3. In exercising its discretion to make a designation under paragraph (103.1), the Court shall take into account the following: 103.3.1. The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence; 103.3.2. The application of widely accepted international treaty standards governing the treatment of prisoners; 103.3.3. The views of the sentenced person; 103.3.4. The nationality of the sentenced person; 103.3.5.) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement. 103.4.
If no State is designated under paragraph (103.1.), the sentence of
imprisonment shall be served in a prison facility made available by the
host State, in accordance with the conditions set out in the
headquarters agreement referred to in article 3, paragraph 2 (3.2.). In
such a case, the costs arising out of the enforcement of a sentence of
imprisonment shall be borne by the Court. Otherwise, if no State is
designated, the Court may designate the convict to serve sentence in an
in established World Administrative District, World Federal Zone, in the
World Oceans, Antarctica or in space, provided there are secure
facilities for the humane treatment of inmates. Change in designation of State of enforcement 104.1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State of the Earth Federation, or to a prison in another world administrative district, or world federal zone. 104.2.
A sentenced person may, at any time, apply to the Court to be
transferred from the State of enforcement. Enforcement of the sentence 105.1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1.2 (103.1.2.), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it. 105.2.
The Court alone shall have the right to decide any application for
appeal and revision. The State of enforcement shall not impede the
making of any such application by a sentenced person. Supervision of enforcement of sentences and conditions of imprisonment 106.1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with prior widely accepted international treaty standards governing treatment of prisoners, insofar as these standards are not in conflict with the Earth Constitution and world legislation. 106.2. The State of enforcement shall govern conditions of imprisonment in conformance with world law, In no case shall conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement. 106.3.
The enforcing authority shall ensure unimpeded and confidential
communications between a sentenced person and the Court. Transfer of the person upon completion of sentence 107.1. Following completion of the sentence the Court or the Enforcement System may provide transportation to a person who is not a national of the State of enforcement for transfer to a State of the Earth Federation, which is obliged to receive him or her, taking into account any wishes of the person to be transferred to that State. During sentence, by agreement with the Enforcement System, a convict may perform useful work to cover the costs of this transportation. 107.2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph (107.1.), such costs shall be borne by the Court. 107.3.
After the sentence of the World Court is served, and subject to the
provisions of article (108.), the State of enforcement may also, in
accordance with its national law, extradite or otherwise surrender the
person to a State which has requested the extradition or surrender of
the person for purposes of trial or enforcement of a sentence, other
than for offences the convictions of which sentence has just been
served. (Ne bis in idem. See article 20.) Limitation on the prosecution or punishment of other offences 108.1. A sentenced person in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person's delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the State of enforcement. 108.2. The Court shall decide the matter after having heard the views of the sentenced person. 108.3.
Paragraph (108.1.) shall cease to apply if the sentenced person remains
voluntarily for more than 30 days in the territory of the State of
enforcement after having served the full sentence imposed by the Court,
or returns to the territory of that State after having left it, or
unless new evidence implicates the person in other world crimes. Enforcement of fines and forfeiture measures 109.1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law. 109.2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties. 109.3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court. 109.4. The World Court shall stipulate all fines in
terms of Earth credits or Earth currency. Sentenced persons shall pay
fines designated by the Court in Earth credits or Earth currency. Review by the Court concerning reduction of sentence 110.1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court. 110.2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person. 110.3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time. 110.4. In its review under paragraph (110.3.), the Court may reduce the sentence if it finds that one or more of the following factors are present: 110.4.1. The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions; 110.4.2. The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or 110.4.3. Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence. 110.5.
If the Court determines in its initial review under paragraph (110.3.)
that it is not appropriate to reduce the sentence, it shall thereafter
review the question of reduction of sentence at such intervals and
applying such criteria as provided for in the Rules of Procedure and
Evidence. Escape
If a convicted person escapes from custody and flees the State of
enforcement, that State may, after consultation with the Court, request
the person's surrender from the State in which the person is located
pursuant to existing bilateral or multilateral arrangements, or may
request that the Court seek the person's surrender, in accordance with
Part 9. The Court may order that the person be delivered to the State in
which he or she was serving the sentence or to another State, world
administrative district or world federal zone designated by the Court.
PART 11. ASSEMBLY OF STATES PARTIES Assembly of States Parties 112.01. An Assembly of States Parties to the Earth Constitution is hereby established. Each State Party shall have either given preliminary ratification of the Constitution for the Federation of Earth, or have accepted final ratification of the Constitution for the Federation of Earth by the World Administrative District(s) that comprise the State's territory. Each State Party shall have one representative in the Assembly who may be accompanied by alternates and advisers. By simple majority vote of the Assembly, the Assembly may permit observers. 112.02. The Assembly shall: 112.02.1. Consider and adopt, as appropriate, recommendations of the Preparatory Commission; 112.02.2. Provide management advisory to the Presidency (Presiding Council), the Prosecutor (World Attorney General) and the Registrar regarding the administration of the Court; 112.02.3. Consider the reports and activities of the Bureau established under paragraph 3 and take appropriate action in regard thereto; 112.02.4. Consider and decide the budget for the Court until the first operational stage of world government is declared, at which time deliberation and decision of the budget shall transfer to the World Parliament; 112.02.5. Decide whether to alter, in accordance with article (36.), the number of judges, subject to approval by the World Parliament in cases seeking reduction in number; 112.02.6. Consider pursuant to article (87.), paragraphs 5 and 7, any question relating to non-cooperation; 112.02.7. Perform any other function consistent with this Statute or the Rules of Procedure and Evidence. 112.03.1. The Assembly shall have a Bureau consisting of a President, two Vice-Presidents and 18 members elected by the Assembly for three-year terms. 112.03.2. The Bureau shall have a representative character, taking into account, in particular, equitable geographical distribution and the adequate representation of the principal legal systems of the world, particularly of nations and administrative districts of the Earth Federation. 112.03.3. The Bureau shall meet as often as necessary, but at least once a year. It shall assist the Assembly in the discharge of its responsibilities. 112.04. The Assembly may establish such subsidiary bodies as may be necessary, including an independent oversight mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy. 112.05. The President of the Court (Chief Justice), the Prosecutor (World Attorneys General) and the Registrar or their representatives may participate, as appropriate, in meetings of the Assembly and of the Bureau. 112.06. The Assembly shall meet at the seat of the Court or at a world capital once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, the Bureau shall convene special sessions on its own initiative or at the request of one third of the States Parties. 112.07. Each State Party shall have one vote. Every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau. If consensus cannot be reached, except as otherwise provided in the Statute: 112.07.1. Decisions for recommendation on matters of substance must be approved by a two-thirds majority of those present and voting provided that an absolute majority of States Parties to the Earth Constitution constitutes the quorum for voting; 112.07.2. Decisions for recommendation on matters of procedure shall be taken by a simple majority of States Parties present and voting. 112.08. A State Party which is in arrears in the payment of its financial contributions towards the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may, nevertheless, permit such a State Party to vote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party. The State Party may pay its financial contribution in terms of the Earth credit or Earth currency. 112.09. The Assembly shall adopt its own rules of procedure. 112.10.
The official and working languages of the Assembly are English, French,
Spanish, Arabic, Russian,, Chinese and Esperanto. Financial Regulations Except as otherwise specifically provided, this Statute and the Financial Regulations and Rules adopted by the World Parliament govern all financial matters related to the Court and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies . Payment of expenses Expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court, in the standard unit of Earth credit and Earth currency. Funds of the Court and of the Assembly of States Parties The following sources provide payment for the expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as provided for in the budget recommended by the Assembly of States Parties and decided by the World Parliament: 115.1. Assessed contributions made by States Parties; 115.2. Funds provided by the United Nations;, 115.3. Direct allocation from the World Parliament; 115.4. Fines, and recovered or confiscated properties not liable to be paid as restitution. Voluntary contributions
Without prejudice to article (115), the Court may receive and utilize,
as additional funds, voluntary contributions from Governments,
international organizations, individuals, corporations and other
entities, in accordance with relevant criteria recommended by the
Assembly of States Parties and adopted by the World Parliament.
Voluntary contributions may be eligible for reimbursement in conformance
with the Earth Constitution, Article 17., Section F. Assessment of contributions
The contributions of States Parties shall be assessed in accordance with
an agreed scale of assessment, based on the scale recommended by the
Assembly of States Parties and adopted by the World Parliament for its
regular budget and adjusted in accordance with the principles on which
that scale is based. The assessments shall be in terms of Earth credits
and Earth currency. Annual audit Annually, an independent auditor, assigned
by the World Financial Administration, shall audit the records, books
and accounts of the Court, including its annual financial statements.
Settlement of disputes 119.1. The Court shall decide any dispute concerning the judicial functions of the Court. 119.2.
A State Party may refer to the Assembly of States Parties, to the World
Ombudsmus or to the World Parliament. any other dispute between two or
more States Parties relating to the interpretation or application of
this Statute, which is not settled through negotiations within three
months of the commencement of dispute, The Assembly may itself seek to
settle the dispute or may make recommendations on further means of
settlement of the dispute, including referral to the World Parliament or
to the International Case Bench in conformity with the Statute of that
Court, when it is formed, or to the International Court of Justice
before the International Bench is formed, if all parties to the dispute
agree to the jurisdiction of the ICJ during the provisional stage of
world government. Reservations
No reservations may be made to this Statute. Amendments 121.1. After the expiry of seven years from the entry into force of this Statute, any State Party may propose amendments thereto. Any State Party may submit the text of any proposed amendment to the Presidium of the world government, who shall promptly circulate it to all States Parties. 121.2. No sooner than three months from the date of notification, the House of Nations, at its next meeting, shall, by a majority of those present and voting, decide whether to take up the proposal. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants. 121.3. The decision to recommend a statutory amendment to the World Parliament from a meeting of the Assembly of States Parties or from a Review Conference on which consensus cannot be reached requires a two-thirds majority of States Parties. 121.4. An amendment shall enter into force for all States Parties one year after adoption by the Provisional World Parliament or World Parliament, unless the amendment is to a provision of an institutional nature, as defined in Article (122) of this Statute. 121.5.
The Presidium of the world government shall circulate to all States
Parties any recommendation for amendment adopted at a meeting of the
Assembly of States Parties or at a Review Conference. Amendments to provisions of an institutional nature 122.1. Amendments to provisions of this Statute which are of an exclusively institutional nature, namely, article (35.), article 36, paragraphs (36.8.) and (36.9.), article (37.), article (38.), article 39, paragraphs (39.1.) (first two sentences), (39.2.) and (39.4.), article 42, paragraphs (42.4.) to (42.9.), article 43, paragraphs (43.2.) and (43.3.), and articles (44.), (46.), (47.) and (49.), may be proposed to the World Parliament at any time, notwithstanding article 121, paragraph (121.1.), by any State Party to the Earth Constitution. The text of any proposed amendment shall be submitted to the Presidium of the world government and such other persons designated by the Assembly of States Parties who shall promptly circulate it to all States Parties and to others participating in the Assembly. 122.2.
The World Parliament, including a two-thirds majority of the House of
Nations, may adopt as world law any recommendations for amendments under
this article on which consensus cannot be reached. Amendments shall
enter into force for all States Parties six months after their adoption
by the World Parliament unless otherwise designated. Review of the Statute 123.1. No later than seven years after the entry into force of this Statute, the Presidium of the Earth Federation shall convene a Review Session of World Parliament to consider any amendments to this Statute. Such review may include, but is not limited to, the list of crimes contained in article (5.). The Assembly of States Parties may hold an Advisory Conference on the same conditions as defined in this Statute. 123.2. At any time thereafter, at the request of a State Party and for the purposes set out in paragraph (123.1.), the Presidium of the Earth Federation shall, upon approval by a majority of States Parties to the Earth Constitution, convene a Review Session of this World Court Statute by the World Parliament. 123.3. The provisions of article (121.), paragraphs (121.3.) and (121.4.), shall apply to the adoption and entry into force of any amendment to the Statute considered at a Review Conference.
Signature, ratification, acceptance, approval or accession 125.1. This revised Statute for a World Bench for Criminal Cases is not open for signature or approval directly by nations. 125.2. Upon formation of the duly-constituted World Parliament, this Statute is subject to deliberation, amendment, rejection or approval by that World Parliament, in which States Parties to the Earth Constitution have representation. The parliamentary secretariat shall deposit the approved or amended Statute with the Presidium of the Earth Federation. 125.3.
The Earth Constitution is open to accession by all States.
Instruments of accession shall be deposited with the Presidium of the
Earth Federation. For the purpose of the strength in application of this
Statute, and for the security of participating States, this provisional
World Parliament recommends simultaneous accession to the Earth
Constitution by a minimum of approximately two dozen national
governments. Entry into force 126.1. This revised Statute shall enter into force, binding upon both individuals and States Parties upon adoption by the provisional World Parliament. 126.2. The World Bench for Criminal Cases itself is bound by this Statute after the deposit of the 25th instrument of national ratification or by ratification mixtures as defined in the Earth Constitution, Article XVII, Section C.1. The Court is bound into force on the first day of the month after the 60th day following the deposits of ratification required for the first operative stage of world government. Article 128 Authentic texts As soon as feasible, the Secretary of the
provisional World Parliament or World Parliament shall deposit the
original of this Statute, of which the Arabic, Chinese, English, French,
Russian, Spanish and Esperanto texts are equally authentic, with the
Presidium of the Earth Federation, who shall send certified copies
thereof to all States.
World Legislative Act Number 21
Department of World Patents and Intellectual Property Rights
RATIONALE 1) Through a system of absolute intellectual property rights (IPRS), the international system has kept the developing countries in a low technology condition, forcing the developing countries to sell natural resources to the wealthy countries to be there manufactured and sold back to the developing countries at a profit. The old system has kept monopoly control over marketable ideas and innovations, thereby belying an ideology of so-called "free trade." Versions of the system have been going on since the advent of colonialism. The old system keeps life saving drugs from reaching the AIDS stricken countries of Africa. The old system keeps seeds and key agricultural necessities profitably expensive while poor farmers starve worldwide. The international system of IPRS also permits unjustifiable corporate piracy of the ideas, techniques, and natural medicines of traditional cultures and indigenous peoples worldwide, making traditional medicines and techniques legally prohibited from the very people who developed and used traditional medicines and techniques for centuries. 2) Large scale technology transfer and infusion of fertile ideas and techniques for sustainable development can be activated through common sense revisions of current intellectual property rights laws. As the writings of economists Michael Chossudovsky, David Korton, Vandana Siva, J.W. Smith and others have shown, one way the wealthy retains neo-colonial monopoly control on the global economy is through intellectual property rights, which have become a fundamental tenant in WTO regulations. The simple device of allowing any patented idea to be used for the payment of a reasonable royalty fee would make all ideas and techniques available to humankind for sustainable development purposes. 3) The simple change of allowing any idea to be used if a reasonable royalty is paid, eradicates these intellectual property rights monopolies and liberates the poor of the world for efficient, rapid development. This modified system of intellectual property rights would also activate the regional economies of the world with a tremendous influx of new techniques and ideas. Scarcity would be ended and prosperity rapidly created. AUTHORITY FOR THIS ACT UNDER THE EARTH CONSTITUTION Powers granted to the Earth Federation by Article 4 of the Constitution include powers to (# 9) Establish universal standards for weights, measures, accounting, and records; (# 12) Define standards and promote the worldwide improvement in working conditions, nutrition, health, housing, human settlements, environmental conditions, education, economic security, and other conditions defined under article 13....; (#14) Regulate and supervise supra-national trade, industry, corporations, businesses, cartels, professional services, labor supply, finances, investments and insurance; (#33) Resolve supra-national problems caused by gross disparities in technological development or capability, capital formation, availability of natural resources, educational opportunity, economic opportunity, and wage and price differentials. Assist the processes of technology transfer under conditions which safeguard human welfare and the environment and contribute to minimizing disparities; (#40) Establish such departments, bureaus, commissions, institutes, corporations, administrations, or agencies as may be needed to carry out any and all the functions and powers of the World Government. ENACTMENT BY THE PROVISIONAL WORLD PARLIAMENT 1) We delegates of the eighth session of the Provisional World Parliament at Lucknow, India hereby create a DEPARTMENT OF WORLD PATENTS AND INTELLECTUAL PROPERTY RIGHTS as a ministry of the World Administration as defined in Article 7, Sec. C of the Earth Constitution. Under Article 7, Sec. C, this new department will be number 29. [Comment: Can the Agency for Technological and Environmental Assessment perform the functions defined in this act? (See Article 8, Section F. Earth Constitution) If the ATEA is already assigned to perform some of these functions, then shouldn't we deliberate the enactment of enabling legislation for the ATEA, and incorporate these legislative provisions into that statute?]2) Functions of the DEPARTMENT OF WORLD PATENTS AND INTELLECTUAL PROPERTY RIGHTS: 2.1.) To categorize IPRS into generas and types as appropriate for systematic registry and regulation worldwide. 2.2.) To standardize IPRS into a fair and equitable system inexpensively and easily available to all the worlds citizens and businesses. 2.3.) To devise a system of royalties on patents and property rights that rewards and protects innovators while simultaneously maximizing technology transfer for rapid sustainable development worldwide. 2.4.) To protect traditional cultures and indigenous peoples from intellectual piracy through unjustifiable use of patent powers. 2.5.) To work closely with the Agency for Technological and Environmental Assessment and other relevant agencies to monitor genetic engineering and other possibly dangerous technologies and regulate permits for development of such technologies for the protection of the people of Earth. 2.6.) To present the Department’s research and conclusions on all of the above items to the World Parliament for possible enactment into law.
Adopted as World Legislative Act #21 in Chennai, India, 28 December 2003. Attested by Eugenia Almand Secretary, Provisional World Parliament
World Legislative Act Number 22 Act for Promotion of Economic Equity within the Earth Federation with global standards for wages and salaries Short title: Economic Equity Act
Whereas, the income distribution within most countries of the world and between the wealthy countries and the poor countries is vastly unequal and unjust; Whereas, meaningful democracy is impossible when a few have millions or billions in wealth while the majority have little or nothing; Whereas, a healthy economy cannot exist when the majority have little or no income to spend on goods, services, and satisfying their needs – for a healthy economy depends on the "multiplier factor" that occurs when cash is circulated and re-circulated by consumers and producers on a local and regional scale; Whereas economists have shown that the wage disparity between workers from wealthy countries and workers from poor countries gives a geometrical advantage in purchasing power and retained wealth to the high paid workers; For example, a worker from country A receives $10 dollars per hour for producing a widget and produces one widget per hour, and a worker from country B receives $1 per hour for producing a very similar widget every hour. The cost of the widget is essentially the labour to produce it so the widget from country A sells for $10 and the widget from country B sells for $1. For the worker from country B to buy the widget from country A would require working 10 hours. In that same ten hours the worker from country A could buy 100 of the widgets of the country B worker. The rate of advantage in this example is 100 to 1. (Source: J.W. Smith, Economic Democracy, p. 16) It is clear that neither meaningful democracy, economic justice, nor a healthy global economy can exist under such conditions of disparity in wealth accumulation. Whereas, in addition, the proper role of good government is to define the standards and guidelines that promote the common good, preserve the environment, and maximize freedom of all citizens insofar as this freedom does not impinge on the freedom of others; Whereas, a major function of the Earth Federation is to obtain for all people on Earth the conditions required for equitable economic and social development and for diminishing social differences in economy; Whereas a responsibility of the World Parliament is to define standards and promote the worldwide improvement in working conditions, and to regulate and supervise supra-national trade, professional services and labour supply; Whereas many communities around the world have strengthened their economies by adopting legal codes for a living wage; Therefore, this eighth session of the Provisional World Parliament, meeting in Lucknow, India, in August 2004, hereby adopts this Act for Promotion of Economic Equity through a Global Living Wage with global standards for wages and salaries. 1. Each year the government of the Earth Federation shall calculate the gross economic product of the Federation. This differs from the gross domestic product now calculated by some nations that is a misleading economic indicator. The present gross domestic product includes the total price of goods and services exchanged within a given year, regardless of whether these goods and services destroyed existing capital goods, produced destructive military hardware, polluted the environment, or depleted essential resources needed by future generations. The gross economic product (GEP) of the Earth Federation is the sum total of productive and service activities that serve the actual production of wealth within the Federation, excluding the above factors that actually detract from increased wealth. 2. Each year the government of the Earth Federation shall also calculate the number of hours worked by all workers within the Federation (these statistics are now routinely done by many nation-states) and divide the GEP by the total work hours spent to produce that GEP to get the average wage per hour worked. This figure becomes the Federal Wage and Price Standard (see Bob Blain, The Most Wealth for the Least Work through Cooperation, Chapters 14-15) The value of the Earth Currency ties to the Federal Wage and Price Standard so that Earth currency value does not fluctuate (as historically with national currencies) through speculation, inflation, or manipulation. The Earth Currency correlates directly with hours worked and the productivity (increased wealth) of the Earth Federation. Through this standard that correlates hours worked to wealth produced, earnings of each worker, whether CEOs or day labourers, are clear relative to one another. Profits from investment enterprises are clear relative to the wages and well-being of every person in the Federation. As the role of good government is to define clear standards, workers, owners, and investors are now free to negotiate with one another according to universally defined standards. Federal inflation will all but disappear, incomes will rise for the poorest, and hidden unfair trade advantages and hidden wealth accumulation advantages will minimize. 3. Under Article 13 of the Earth Constitution, the government shall provide free and adequate education, health-care, water and sanitation, and social security to all citizens. Given these investments for which citizens do not have to pay (currently not provided by most national governments), the Earth Federation calculates a minimum wage sufficient for every full time worker to live a life that satisfies basic needs for housing, clothing, leisure time, and adequate disposable income. The Provisional World Parliament shall recalculate the minimum and maximum wage, or basket of commodities, annually to ensure no unforeseen variables have interfered with the ability of workers living in the Earth Federation to live with decency and dignity. 4. The Earth Federation shall recalculate the definition of "full time work" annually. Full time work is the average hours worked per worker-week to produce the GEP minus the percentage rate of unemployment within the Earth Federation. Hence, if the unemployment rate is 5% and the average work week is 36 hours, the definition of "full time work" is 95% of 36 or 34.2 hours. In this way more people will be hired to do the necessary work of the federation and the workforce will soon closely approximate full employment. The indirect costs to society from high unemployment rates such as alcoholism, drug use, broken families, poverty driven crime, lack of educational opportunities, etc., will be eliminated. As the Earth Federation produces more durable goods, converts to sustainable forms of energy (wind, solar, water, hydrogen, and geothermal) and consumption (using durable and recycled goods), and develops a healthy economy that favours the circulation and recirculation of money on the local and regional level, the GEP will begin to shrink even while the quality of life increases and the length of the average work-week decreases. This is the desirable result of conversion to a sustainable economic system. 5. The highest legal limit of personal income is no more than four times that of the minimum wage. Thus, if a quality life can be lived at minimum wage that amounts to an annual income in Earth currency of ө 500 per year, the highest income for CEOs, top scientists, movie stars, athletes, or investment bankers can be no more than ө 2,000 per year. This figure is to include investment income. (Separate legislation regarding inherited wealth and investment income not related to hours worked will be introduced later.) Correlating the value of money to hours worked as per Article 2 above makes possible a sane and equitable economic system that takes into account differences in education, productivity, creativity, risk, and enterprise.6. Any additional income that is accrued above the maximum annual income set at four times the minimum must be either paid to the Earth Federation in the form of taxes, turned over to a business or corporation as investment capital for the business, or donated to a non-profit organization. Investment capital may be accrued in quantities sufficient for capital investment projects of sustainable development and are to be distinguished from the limit in personal income (from all sources) to which all citizens of the Earth Federation are subject. The Earth Federation itself will be extending vast lines of credit to individuals and enterprises of all sorts for sustainable development projects (for example, for environmental restoration, clean water and sanitation systems, medical delivery systems, production of durable goods, clean energy, etc. – see Glen T. Martin, Century Twenty-One: Manifesto of the Earth Federation, approved at the Seventh Session of the Provisional World Parliament, Chennai, India, December 2003). The goal is universal prosperity within a sustainable economy. 7. The living wage schedule generally provides for equal pay for equal work, with no discrimination on grounds of race, colour, caste, nationality, sex, sexual orientation, gender, religion, political affiliation, property or social status. Wage and salary differentials may accrue, for some positions, based on experience, competency and merit, but these salary differences may not exceed the living wage parameters.8. The aim of the living wage is to not only increase salaries for workers, but also to generally increase the quality of life, and to generally decrease surplus value production, for which the Earth Federation has no need, except in the form of the ever-present granary, reservoirs of clean water and healthy top-soil. Though there is still process of wages and salaries, the direction of the Earth Federation is for improvement in working conditions worldwide and an end to exploitation of labour worldwide. This is not a work ethic, but rather a human ethic. The principle of modest work schedule is not to intensify labour during the shorter hours, but instead to reduce surplus production while improving working conditions and benefits. This is applicable at a global level, to reduce the tendency of peripheral exploitation by capital centres. The shorter hours do not to convert into underemployment (shorter hours at an inadequate wage), provided there is overall dissipation of the capital within the global system, based on adequate government regulation of economy and enforcement on the mundialization and cost accounting of resources. 9. Define Salary Scales. A World Civil Service Administration shall formulate and define salary scales for the personnel of all organs, departments, bureaus, offices, commissions and agencies of the World Government. To begin, the minimum wage is set at ө0.25 per hour and the maximum wage is set at ө1.00 per hour.10. Requirement of compliance in acceptance of bids. Any agency of the Earth Federation that offers to accept bids for work to be privately contracted shall require private contractors to provide salaries or wages in accordance with the terms of this Act. 11. Promotion. Agencies of the provisional world government World Economic Development Organization (WEDO), Earth Financial Credit Corporation (EFCC) and Earth Federation Funding Corporation (EFFC) shall communicate with persons and groups that are seeking global standards and a world currency, for the purpose of building a network for launching the new currency system. 12. Salary schedules for members of the World Parliament Salary schedules for members of the World Parliament and for Members of the Presidium and of the Executive Cabinet are under popular control, with salary reviews, conducted by plebiscite during general elections under the direction of the World Boundaries and Elections Administration. Salaries for all Members of the World Parliament are equal, except that Members of the Executive Cabinet may receive additional pay, as determined by the plebiscite, commensurate with the additional duties of the positions. The maximum wage must not be more than four times the base living wage. In no case shall salaries to Members of the World Parliament be less than the base living wage, nor above the maximum living wage. The plebiscite shall determine the parliamentary and executive salaries as ratios between the base and maximum salary based on a Borda count (universal ballot). Pending the establishment of a measured election process, the Provisional World Parliament may establish provisional salary structures, within the limits of the minimum and maximum wage established by this Act. We conclude that, under these measures, innovation and creativity will flourish and quality of life for the vast majority will increase, while at the same time the present wealth inequalities destructive of democracy, human potential, the environment, and human life itself will sharply decrease. Adopted 11 August 2004 at the eighth session of the Provisional World Parliament, convened at City Montessori School, Lucknow. Attested: Eugenia Almand, Parliament Secretary
World Legislative Act Number 23 Global Accounting and Auditing Standards using the work of the International Accounting Standards Board as the rational basis Whereas the Earth Constitution grants the specific power to establish accounting standards and other economic standards; Whereas the Earth Federation is responsible to well regulate and supervise international trade, finances, investments and other economic processes on a global and equitable basis; Whereas the Earth Federation is responsible to establish and operate world financial, banking, credit and insurance institutions , and to issue and regulate a world currency, credit and exchange, including a World Economic Development Organization to equitably serve human needs; and Whereas the International Accounting Standards Board has developed excellent and professional accounting standards that are independent of national level economic processes, and which are suitable for equitably accounting for all processes of both the Earth Federation and global society; Therefore, this Seventh Session of the Provisional World Parliament, meeting in Chennai, India, in December 2003, hereby enacts this Act to adopt Global Accounting Standards for all its economic activities. Article 1 Basis for the Global Standard The standards currently set by the International Accounting Standards Board are the standards of the Provisional World Government and World Government, to be used in all internal and external operations. Article 2 Implementation 2.1. Each major office of the World Government shall acquire and maintain a copy of the International Accounting Standards. This may be in paper form or on electronic disk. Each office holder of the World Government who is in a position to supervise or regulate economic policy of the World Government shall read to understand the International Accounting Standards. 2.2. Accountants of the Provisional World Government and World Government must provide certification in the International Accounting Standards, or must take a competency exam to demonstrate familiarity with the Standards. The World Economic Development Organization is responsible to develop and provide this exam, if no standards exam is available from the offices of the International Accounting Standards Board. The World Financial Administration or the World Economic Development Organization may approve or require adjustments to the certification process. 2.3. The World Economic Development Organization cooperates with the International Accounting Standards Board, and may seek the advice of the International Accounting Standards Board before taking economic decisions. 2.4. Any corporations, institutions, groups or individuals contracting privately to the Earth Federation must keep records according to the Global Accounting Standards. Economic reports and projections must be in conformance with the Global Accounting Standards. 2.5. As the International Accounting Standards are written such that any currency may use the Standards, the Earth Federation shall use a global unit of credit in its fiscal operations, rather than any particular national unit. Agencies and offices of the Earth Federation may supplementarily convert records, reports and projections to a particular national unit, but may not use solely a national unit as the basic unit of accounting in its records and computations. 2.6. Any corporation, institution, group or individual contracting privately to the Earth Federation must keep records, and submit any records, projections or proposals using the global unit of credit in its fiscal operations, and may supplementarily convert records, reports and projections to and from a particular national unit. Article 3 Name of Unit 3.1. As the term "Earth Dollar" did not popularize over the course of sixteen years, this provision amends all reference to the Earth Dollar in previous world legislation of the Provisional World Parliament. In its place, and until a name does popularize irresistibly, the respective provisions of world legislation shall refer to the world currency with the generic designation of "unit of credit", or "unit of Earth Federation credit", or "unit of Earth currency". 3.2. Citizens of the world government may call this unit of credit or currency by whatever name they prefer in colloquial, and in promotions. However, reports, projections, proposals and other official communications with agencies of the Provisional Earth Federation shall use the term "unit" (lower case "u") or "credit" (lower case "c") to refer to the unit of Earth Federation credit or Earth currency. 3.3. Agencies and offices of the Provisional Earth Federation shall use the term "unit" to refer to the unit of Earth Federation credit or currency in all of its recordkeeping, budgets, projections and proposals. 3.4. The unit of Earth credit or currency is divisible into 100 hundredths. The unit of Earth credit or currency is also divisible into 1000 thousandths. The names for these divisions may be determined later by the Provisional World Parliament or World Parliament. Article 4 Symbol of Unit To abbreviate the designation of units of Earth Federation credit, a standard symbol is adopted. As lower case theta (ө) is traditionally a symbol of Earth, and of ecology, and since it is also depicts the cowry shell (historically an original currency in many lands around the world), this is a suitable symbol for the unit of Earth Federation credit. The symbol shall be used before the quantity, with a single space between the symbol and the quantity (example: ө 25.oo for twenty-five Earth Federation credits). Article 5 Promotion of the Global Accounting Standards This provision directs offices and agencies of the provisional world government to take a proactive stance in the promotion of the Global Accounting Standards, together with the International Accounting Standards of the International Accounting Standards Board. Use of the Standards, and promotion of the value of the Board, helps create fiscal strength for the Earth Federation. The provisional Earth Federation gives credit to the International Accounting Standards Board, and its associated offices. Offices and agencies of the provisional World Government shall consider the advice and directives of the International Accounting Standards in all financial operations. Article 6 Sovereignty over the International Accounting Standards If it becomes apparent that the International Accounting Standards are inadequate in any provisions for the purposes of the Provisional World Government or World Government, the Provisional World Parliament may make such adjustments in the global standards as are necessary to meet the needs of the Earth Federation accounting system. Such changes require only the simple majority vote of the Provisional World Parliament or World Parliament This act was adopted by the Seventh Session of the Provisional World Parliament, Chennai, India, December 2003. Attested: Eugenia Almand, Parliament Secretary
For the purpose of this printing of WLA#24, adopted at the Seventh Session of the Provisional World Parliament, convened in December 2003, in Chennai, adopted insertions are underlined, in red if this is a color version. Adopted deletions and comments are in the right hand column. Page references are in the commentaries: at the beginning of the rule, for those with a .pdf version of the original Assembly of States version, or at the end of the rule, for selected rules with a hypertext original Assembly of States version of the Statute. Full original text of Assembly of States Parties versions of this proposed bill were originally posted at the International Criminal Court website at http://www.icc-cpi.int/php/show.php?id=basicdocuments No changes to this World Legislative Act #24 are being motioned by this formatting. Rather, the formatting here is to show the consistency of the Act, which in fact alters the original 97-page Procedures and Evidence of the Assembly of States Parties by only about one page of text. As this Act is quite long and unnecessarily technical for most people, and would add 100 pages to the length of this book, the full text has been omitted. One may request the full original text from the World Court http://www.icc-cpi.int/contact.html, or go to http://www.wcpa.biz/english/legislation/emerging_world_law/full_texts/original_procedure_&_evidence.doc
World Legislative Act Number 24 Summary Rules of Procedure and Evidence Whereas the Rules of Procedure and Evidence, adopted by the Assembly of States Parties was elaborated and deliberated by professional jurists, who themselves are working for world federation; Whereas, it is expedient and also proper to recognize the high quality of the work done by the Assembly of States Parties in the elaboration of the Rules of Procedure and Evidence; and Whereas, a responsibility of the World Parliament is to expedite an excellent legislative basis for the rules of procedure and evidence of the World Bench of the Criminal Court; This Seventh Session of the Provisional World Parliament hereby adopts the House of Peoples version of this Act for Rules of Procedure and Evidence of the World Bench of the Criminal Court:The Rules of Procedure and Evidence enacted by the Assembly of States Parties is adopted by the World Parliament, with adjustments to these listed Rules: 1, 2, 3, 5, 6, 8, 9, 10, 12, 14, 21, 30, 104, 176, 205, 212, and 223. A Section VII. Rule 226, for Jury Process, is added. The primary purpose of the adjustments to listed rules are to maintain constitutionality in conformance with the Constitution for the Federation of Earth (Earth Constitution). This will allow the World Bench of the Criminal Court to be properly integrated among the eight primary benches of the World Court System, and also to be properly integrated in terms of legal accountability and finance. The specific adjustments are adopted within the context of the Assembly of States Parties version of the rules: Chapter 1 General provisions Rule 1 Use of terms Article・refers to articles of the Rome Statute; Chamber・refers to a Chamber of the Court; Part・refers to the Parts of the Rome Statute; Presiding Judge・refers to the Presiding Judge of a Chamber; The President・refers to the President of the CourtChief Justice; Prosecutor refers to the World Attorneys General; Deputy Prosecutor refers to the Regional World Attorneys
General; The Rules・refers to the Rules of Procedure and Evidence. Rule 2 Authentic texts The Rules have been adopted in the official languages of the Court established by article 50, paragraph 1 of the World Bench for Criminal Cases Statute. All texts are equally authentic. Rule 3 Amendments 1. Amendments to the rules that are proposed in
accordance with article 51, paragraph 2, shall be forwarded to the
President of the Bureau of the Assembly of States Parties and to the
World Parliament. Chapter 2 Composition and administration of the Court Section I General provisions relating to the composition and administration of the Court Rule 5 Solemn undertaking under article 45 1. As provided in article 45, before exercising their
functions under the Statute, the following solemn undertakings shall be
made: (b) In the case of the Prosecutor, a Deputy
Prosecutor, the Registrar and the Deputy Registrar of the Court: 2. The Registrar shall file the undertaking, signed by the person making it and witnessed by a representative of the Executive Cabinet of the Earth Federation or by the President or a Vice-President of the Bureau of the Assembly of States Parties, shall be filed with the Registry andto be kept in the records of the Court. Rule 6 Solemn undertaking by the staff of the Office of the Prosecutor, the Registry, interpreters and translators 1. Upon commencing employment, every staff member of the Office of the Prosecutor and the Registry shall make the following undertaking: "I solemnly undertake that I will perform my duties and exercise my powers as (title) of the International World Criminal Court honourably, faithfully, impartially and conscientiously, and that I will respect the confidentiality of investigations and prosecutions. I am a world citizen of the world government. I affirm and promise to uphold the Earth Constitution. "The Registrar shall file the undertaking, signed by
the person making it and witnessed, as appropriate, by the Prosecutor,
the Deputy Prosecutor, the Registrar or the Deputy Registrar, shall be
filed with the Registry andto be kept in the records of the Court. The Registrar shall file the undertaking, signed by the person making it and witnessed by the President of the Court or his or her representative, shall be filed with the Registry andto be kept in the records of the Court. Rule 8 Code of Professional Conduct 1. The Presidency (Presiding Council), on the basis of a proposal made by the Registrar, shall draw up a draft Code of Professional Conduct for counsel, after having consulted the Prosecutor. In the preparation of the proposal, the Registrar shall conduct the consultations in accordance with rule 20, sub-rule 3. 2. The Presiding Council shall then transmit the
draft Code shall then be transmitted to the Assembly of States Parties,
for the purpose of adoptionreview, according to article 112, paragraph
7. The Assembly of States Parties shall transmit the revised draft code
to the House of Peoples of the World Parliament for deliberation of
amendments and possible adoption by the House of Peoples. Section II The Office of the Prosecutor Rule 9 Operation of the Office of the Prosecutor In discharging his or her responsibility for the management and administration of the Office of the Prosecutor, the Prosecutor (World Attorneys General) shall put in place regulations to govern the operation of the Office. In preparing or amending these regulations, the Prosecutor shall consult with the Registrar on any matters that may affect the operation of the Registry. Rule 10 Retention of information and evidence The Prosecutor (World Attorneys General) shall beis responsible for the retention, storage and security of information and physical evidence obtained in the course of the investigations by his or her Office. Section III The Registry Subsection 1 General provisions relating to the Registry 1. As soon as it is elected, the Presidency (Presiding Council) shall establish a list of candidates who satisfy the criteria laid down in article 43, paragraph 3, and shall transmit the list to the Assembly of States Parties and to the House of Peoples of the World Parliament with a request for any recommendations. 2. Upon receipt of any recommendations from the Assembly of States
Parties, the Chief Justice (President) shall, without delay, transmit
the list together with the recommendations to the plenary session of the
Collegium of World Judges. Rule 14 Operation of the Registry 1. In discharging his or her responsibility for the organization and management of the Registry, the Registrar shall put in place regulations to govern the operation of the Registry. In preparing or amending these regulations, the Registrar shall consult with the Prosecutor on any matters which may affect the operation of the Office of the Prosecutor. The Presiding Council (Presidency) may approve or require modifications to the regulations of the Registrar. regulations shall be approved by the Presidency. Rule 21 Assignment of legal assistance 1. Subject to article 55, paragraph 2 (c), and
article 67, paragraph 1 (d), criteria and procedures for assignment of
legal assistance shall be established in the Regulations, based on a
proposal by the Registrar, following consultations with any independent
representative body of counsel or legal associations, as referred to in
rule 20, sub-rule 3. 3. A person may seek from the Presidency (Presiding Council) a review of a decision to refuse a request for assignment of counsel. The decision of the Presidency shall be final. If a request is refused, a further request may be made by a person to the Registrar, upon showing a change in circumstances. 4. A person choosing to represent himself or herself
shall so notify the Registrar in writing at the first opportunity. Rule 30 Procedure in the event of a request for disciplinary measures 1. The Presidency (Presiding Council) may take any decision to impose a disciplinary measure iIn the case of a judge, the Registrar or a Deputy Registrarthe Presidency. 2. An absolute majority of the Presidium may take any decision to impose a disciplinary measure in the case of a Prosecutor. The Bureau of the Assembly of States Parties In the case of the Prosecutor, may take this decision if there is no objection from the absolute majority of the Presidium. any decision to impose a disciplinary measure shall
be taken by an absolute majority of the Bureau of the Assembly of States
Parties. Chapter 5 Investigation and prosecution Section I Decision of the Prosecutor regarding the initiation of an
investigation under article 53, paragraphs 1 and 2 Rule 104 Evaluation of information by the Prosecutor In acting pursuant to article 53, paragraph 1, the Prosecutor shall, in evaluating the information made available to him or her, analyse the seriousness of the information received. For the purposes of sub-rule 1, the Prosecutor may seek additional information from States, organs of the Earth Federation, agencies of the United Nations, intergovernmental and non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court. The procedure set out in rule 47 shall apply to the receiving of such testimony. Chapter 11 International cooperation and judicial assistance Section I Requests for cooperation under article 87
Upon and subsequent to the establishment of
the Court, the Registrar shall obtain from the Secretary-General
of the United NationsPresidium of the Earth Federation any
communication made by States pursuant to article 87, paragraphs
1 (a) and 2. Rule 205 Rejection Declination of designation in a particular case Where a State in a particular case rejects declines the designation by the Presidency (Presiding Council), the Presidency may designate another State, or a World Federal District. Rule 212 Information on location of the person for enforcement of fines, forfeitures or reparation measures For the purpose of enforcement of fines and
forfeiture measures and of reparation measures ordered by the Court, the
Presidency (Presiding Council) may, at any time or at least 30 days
before the scheduled completion of the sentence served by the sentenced
person, request direct the State of enforcement to transmit to it the
relevant information Rule 223 Criteria for review concerning reduction of sentence In reviewing the question of reduction of sentence pursuant to
article 110, paragraphs 3 and 5, the three judges of the Appeals Chamber
(Appellate Bench) shall take into account the criteria listed in article
110, paragraph 4 (a) and (b), and the following criteria: (b) The prospect of the resocialization and
successful resettlement of the sentenced person; Section VII Rule 227. Jury Process The Provisional World Parliament nominates a Jury Development Commission, to begin with four members, but to extend to 10 members of the World Parliament, to elaborate propositions for the Criminal Bench to be tempered by the benefit of regulated jury process. The Jury Development Commission shall elaborate rules to integrate a well regulated and just world jury system within the context of the Earth Federation and the Rules of Procedure and Evidence. The World Jury Commission shall report back to the World Parliament with a bill proposal for adjustment of the Rules of Procedure and Evidence to accommodate jury process. The adoption of the jury process provisions shall require only the simple majority approval of the World Parliament. The Provisional World Parliament directs that the jury process at world federal level is under the jurisdiction of the World Ombudsmus, and that the funding of the jury process is separate from the budget of the World Attorneys General Office and from the budget of the Benches of the World Judiciary, except in those matters regarding facilities management and the integration of the various primary branches of the world government. The Assembly of States Parties and the World Bench of the Criminal Court are specifically exempted from covering the costs of the jury process, except regarding facilities management (reasonable accommodation costs for juror participation and sequesters, which the World Treasury shall reimburse). The Assembly of States Parties and the World Bench are exempted from costs for juror selection and juror compensation, which costs are part of the budget of the World Ombudsmus. Full original text of Assembly of States Parties versions of this adopted Act are in .pdf and hypertexts formats at the International Criminal Court website at http://www.icc-cpi.int/php/show.php?id=basicdocuments
World Legislative Act Number 25 Standards of Preservation of World Government Records Whereas the records of the history and development of provisional world government and world government are an invaluable testimony to the work done by hundreds and even thousands of concerned world citizens; Whereas the members of the Provisional World Parliament understand that self government with a world constitution is rather than merely a symbolic act, a true act of government , and that the Provisional World Parliament is itself an act of government; Whereas Members of the Provisional World Parliament determine that the historical records of emergent world government are the common heritage of humanity, rather than the property of any person; This Sixth Session of the Provisional World Parliament hereby creates a set of standards of care for the records of the Provisional World Government. 1. World Government Records include rare books on world government, correspondence regarding world government, court filings, financial records, records of the World Constituent Assemblies, Provisional World Parliaments, original data of participants and observers. Records may be on paper, film, or any kind of electronic media. 2. A stewarding agency is an agency that maintains active or archival records of the Provisional World Government and World Government. Stewarding agencies may be public or private, but must meet the standards established by this Act. 3. If standards are met, original copies of World Government records shall remain in the stewardship of the agencies that initially were the stewards for the particular records. Officials or agencies of the World Government may require copies of the original documents, but the requisitioning agency must provide payment at cost for the copies. The Institute on Governmental Procedures and World Problems will determine the cost until the World Financial Administration is functioning. 4. Members and agencies of the world government may view original documents on demand, but may not remove world government records if the stewarding agency is operating in accordance with this world legislation. 5. Members of the public may view original world government records when the stewarding agency or world court has ascertained that the public member affirms support for the Earth Constitution and that the public member has legitimate interest in viewing the public record. 6. Original world government records are for viewing only within the stewarding agency facilities and are not for check out. Removing records from secured stewarding agency facilities contrary to this Act is unauthorized misappropriation, theft or transfer of world federal property – Class 3 felony. 7. The stewarding agency shall house records in a building composed primarily of a non-flammable material, such as brick or other masonry. The location of the building must be such that the records are not likely to be subject to flood. 8. The stewarding agency shall keep records in fireproof filing cabinets if records can be organized to fit therein without additional folding. 9. The stewarding agency shall monitor and maintain humidity and lighting conditions for best preservation. 10. The stewarding agency shall keep the records securely, using locking systems and security personnel, either in-house or contracted privately. 11. The stewarding agency shall preserve each record. If a particular record seems to be of no use, the stewarding agency may notify the Institute on Governmental Procedures and World Problems. The stewarding agency may not destroy any record, nor part of any record, unless the Institute on Governmental Procedures and World Problems determines that the record is not a valuable testimony. 11.1 Unauthorized intentional destruction of a world government record is unlawful (class 4 felony). 11.2 Unintentional destruction of world government records is unlawful (class 2 misdemeanour). 11.3. The stewarding agency may curate the records, but not alter nor obscure the informational content of the records. The World Court may judge the altering or obscuring of world government records to be unintentional or unauthorized intentional destruction. 12. In paper correspondence, the stewarding agency shall retain envelopes in the same file as correspondence, and shall not separate the stamps or postmarks from the envelopes. 13. For new records of the secretariat of the Provisional World Parliament, World Parliament, World Constituent Assembly or Founding Ratification Convention, the secretariats are directed to use acid-free paper, and to record video and audio proceedings. 14. If the record is an electronic media, the stewarding agency shall make electronic back-ups. The stewarding agency shall protect electronic records from magnetic and viral damage. 15. The stewarding agencies may request financial assistance from the Provisional World Parliament or World Government for meeting the standard of care for world government records. However, the responsibility to comply with the standards remains with the stewarding agencies. 16. The Institute on Governmental Procedures and World Problems may enforce this act directly. The Institute on Governmental Procedures and World Problems may make spot inspections of stewarding agency facilities. If a stewarding agency is found in non-compliance, the Institute on Governmental Procedures and World Problems may seek further enforcement through the World Courts and the World Enforcement System. 17. The order of enforcement toward particular stewarding agencies is at the discretion of the Institute on Governmental Procedures and World Problems, and subject to the Provisional World Parliament and World Parliament. 18. The Institute on Governmental Procedures and World Problems must meet the standards for preservation of records, if a stewarding agency assigns or forfeits stewardship. 19. If the Institute on Governmental Procedures and World Problems or other world government agency finds a stewarding agency in non-compliance, the Institute on Governmental Procedures and World Problems may give the stewarding agency 30 days to comply. 20. The Office of World Attorneys General may issue search and seizure warrants if the Office determines that a stewarding agency is in non-compliance. If after inspection, the stewarding agency does not demonstrate compliance within a 30-day period, the Office of World Attorneys General may bring charges. In cases where wilful neglect is suspected, the World Attorneys General may bring charges immediately. 21. Due to the critical importance of this Act, this world legislation is effective immediately. The Records Act was adopted as World Legislative Act Number 25, at the Sixth Session of the Provisional World Parliament, meeting March 2003, in Bangkok, Thailand. Attested: Eugenia Almand, Parliament Secretary
World Legislative Act Number 26 Education within the Earth Federation Whereas, there is need for the emerging Earth Federation to create good laws regarding the vital area of public education. Whereas, the Provisional World Parliament recognizes that Article 13 of the Earth Constitution gives every citizen of the Earth Federation certain rights under the law regarding education. Among these rights are the following: Number 2: "Full access to information and to the accumulated knowledge of the human race," Number 3: "Free and adequate public education available to everyone, extending to the pre-university level; Equal opportunities for elementary and higher education for all persons; equal opportunity for continued education for all persons throughout life; the right of any person or parent to choose a private educational institution at any time," and Number 12: "Assure to each child the right to the full realization of his or her potential." Whereas, even though the Earth Constitution specifies that the rights under Article 13 are "without immediate guarantee of universal achievement or enforcement," we recognize that the rapid implementation of quality global education is vital to the ability of the Earth Federation to (a) save the planetary environment for future generations, (b) widely activate sense of world citizenship that is vital to planetary democracy, and (c) to create rapid prosperity and basic economic equality for the majority of the Earth’s citizens. Whereas, the world today has 120 million children who do not even go to elementary school. Only one in four children in the poorest countries goes to school and 50% of those denied schooling are girls. As structural adjustment programs are forced upon poor indebted countries under the current world system, public education is being dismantled and education is being privatized so that only those with money are able to attend school. The world illiteracy rate is approaching 20% of the Earth’s population and is rising, as is world poverty. This shows that the global crises in poverty, population increase (80 million new persons on the planet every year), and living conditions are directly correlated with the global crisis in education. We recognize that the solution to all these crises must be an integrating one as described in Century Twenty-One: the Manifesto of the Earth Federation ratified at the Seventh Provisional World Parliament in Chennai, India, December 2003. Worldwide activation of education is an essential part of such an integrated solution. The Provisional World Parliament recognizes the need for immediate serious measures to create a quality world educational system integrated with efforts to create universal prosperity, save the planetary environment, eradicate poverty, and activate world democracy. Therefore, this Eighth Session of the Provisional World Parliament assembled in Lucknow, India, August 2004 hereby adopts this Act for Global Education. 1. The Earth Federation shall make the development of schools, the training of teachers, and the integration of all children into the educational process (whether in public or private schools) a basic priority of government. 2. Financing 2.1. Allocations The Provisional World Parliament may determine the educational aid necessary to fulfill the mandate under Article 13 of the Earth Constitution. 60 days before the next session of the Provisional World Parliament,. the operating agencies of the Integrative Complex shall each report to the Steering Committee for the Provisional World Parliament, including a recommended world education budget in terms of Earth credits or Earth currency. The budgets may project for a five year period. 2.1.1. The budget shall include proposed subventions to selected public and private schools and educational institutes that have ratified the Earth Constitution, such as the Association Internationale pour l'École de Promotion Collective, the Institute for Economic Democracy, and to the City Montessori School, Lucknow. 2.1.2. The budget shall include integrating provisions for allocation to agencies of the Provisional World Government that have received enabling legislation regarding educational functions from the Provisional World Parliament, in particular, provisions for the following agencies: 2.1.2.1. Institute On World Problems; 2.1.2.2. The Graduate School of World Problems; 2.1.2.3. The Institute of Mundialist Studies; 2.1.2.4 Any other educational institution cited under Article 6 of World Legislative Act #4 of the World University System (World Legislative Act #4); 2.1.2.5. Global Rescue Teams (World Legislative Act #6); 2.1.2.6. The education program of the World Hydrogen Energy System Authority (World Legislative Act #10); 2.1.2.7. Training programs of the Conflict Resolution Department of the Enforcement System (World Legislative Act #14); 2.1.2.8. Training programs of the Arrest & Apprehension Department of the Enforcement System (World Legislative Act #14); 2.1.2.9. The Education Ministry (this World Legislative Act #26). 2.1.3. To continue the process of United Nations integration required under Article 17 of the Earth Constitution, the budgets shall also include proposed allocations to United Nations educational agencies, with the proviso that a United Nations agency must ratify the Earth Constitution to qualify for the allocation. United Nations agencies that qualify for educational allocation upon ratification of the Earth Constitution include the following: 2.1.3.1. United Nations Educational, Scientific and Cultural Organization (UNESCO) 2.1.3.2. United Nations Development Programme (UNDP) 2.1.3.1. United Nations Children’s Fund (UNICEF) 2.1.3.4. United Nations University (UNU) 2.1.3.5. International Research and Training Institute for the Advancement of Women (INSTRAW) 2.1.3.6. United Nations Institute for Training and Research (UNITAR) 2.1.3.7. United Nations University for Peace (UPAZ) 2.1.4. To assist in formulating the proposed budgets, this Act recommends that agencies of the Integrative Complex request budget proposals from all agencies and educational institutions that are eligible or that may become eligible for appropriations or subventions, within sixty days of the next session of the Provisional World Parliament. 2.2. Loans The Earth Financial Credit Corporation (EFCC) shall give substantial lines of credit to both existing public and private schools worldwide, to meet additional needs perceived by the respective school systems and by the credit determining process of the EFCC. The EFCC shall consider conditions for extension of credit as described in Section 7 of Century Twenty-One: the Manifesto of the Earth Federation. 2.3. The World Treasury shall distribute allocated subventions and the Earth Financial Credit Corporation shall distribute loans if these schools, institutes or school systems fulfill basic educational standards written by the Department of Education (created under the Earth Constitution in Article 7, Section C, Number 6), and approved by the World Parliament. The next session of the Provisional World Parliament shall set provisional educational standards, to expedite the allocations and loans. 2.4. Aid is also contingent on recipient public and private schools to submit and implement a plan to integrate the following requirements into their educational agendas: 2.4.1. Teachers and administrators shall study pedagogies of human development, self-realization, and empowerment, pass examinations in these areas as determined by local and regional school boards. One example of appropriate pedagogy is the Montessori process of education. A common theme of such pedagogies is the elimination of the "top-down" model of education where the teacher presents disconnected facts to students for memorization and repetition on exams to a model where the teacher is the facilitator of the child’s own drive to self-development and inquiry. The Provisional World Parliament deems real educational development taking place for the vast majority of human beings to be vital to the survival of the planet. Another brief example of appropriate pedagogy can be given in terms of the four Is of education: inquiry, interpretation, integration, and imagination advocated by Columbia University educator Betty Reardon and others: 2.4.1.1. Inquiry. Effective learning begins with good questions. The syllabus and curriculum shall address these central questions. Philosophy in particular is concerned with careful, critical thinking, and critical thinking is developed in students by making it interesting and relevant to the students. The syllabus and curriculum shall ask fundamental questions to allow students to see clearly the dynamic of penetrating the surface appearances of things through student questions. The schools shall teach to the questions and let the students freely think about the issues and the possible answers. The schools shall encourage students to find out firsthand, not to accept without intelligence the opinions of second persons, including opinions of the students' own teacher. 2.4.1.2. Interpretation. One basic aspect of being human is that humans are discerners and makers of meaning and value. For example, a person may ask of an idea or text: "What does it mean to you? What is your thoughtful, considered response to this issue?" Through classroom dialogue (or the dialogue of citizens in a democracy), we work in this way toward deepening understanding, towards discerning the dynamic of meaning and truth in human life through committed inquiry and mutual respect. Public and private educational systems funded by this Act shall nurture and reward creativity and independence in both teachers and students, rather than punish and repudiate, as is most often the case in today’s public educational systems. 2.4.1.3. Integration. Learning must become part of persons for whom education has been successful. A person for whom teaching is a vocation has a life-long passion for knowledge and understanding and is a person for whom intellectual, spiritual and moral growth are everyday components of life. Learners, for whom teaching and learning has been successful, also become changed in the process of education. Learners don’t just pass courses, memorize disconnected facts, and receive formal degrees. Learners integrate knowledge and understanding and activate lives for a perpetual quest of greater knowledge and understanding. Real education is about lifelong intellectual, spiritual and moral growth. The emerging Earth Federation needs mature, thoughtful, and integrated human beings to participate in the successful development of a transforming world order at all levels and in all fields of human endeavor. 2.4.1.4. Imagination. Real thinking and real teaching cultivate the imagination (just as the arts and the humanities have traditionally cultivated the imagination). For example, a teacher may ask, "Do we want to leave a better world for our children? Can we be lifelong learners who the capacity for critical thought, values and the vision to become active citizens within a democracy and a world leading toward a better future for humankind?" Good teaching and learning cultivates the imagination (just as good teaching and learning cultivates careful questioning and critical thinking) as showing the possibility of other states of reality. A cultivated imagination activates good citizenship and prepares students to contribute creatively throughout their lifetimes to their society and their world. The emerging Earth Federation needs people who can imagine and act for a transformed world of peace, justice, prosperity, and freedom. So-called "realists," who insist that we must settle down in the broken and fragmented world of the past, represent a failure of good education. 2.4.2 Subjects. Schools and institutions receiving world federal federal funding shall integrate the following subject items into the curriculum of public or private education being introduced at an early age and reintroduced at higher levels in progressively more sophisticated forms: 2.4.2.1.) Study of global issues. The global crises confronting humanity at the outset of the twenty-first century are and should be everyone’s concern, including all school children according to their age and cognitive growth. The Earth Federation must make a tremendous effort, similar to that already begun in seminars held by the Graduate School of World Problems and the Institute On World Problems , to educate humanity concerning the astronomical costs of global militarism, global population explosion, global poverty, worldwide lack of healthcare, worldwide lack of sanitation and clean water, and the host of global environmental crises from global warming to global depletion of agricultural lands, fresh water supplies, grazing lands, and ocean fisheries. Every school receiving credit lines or other support from the Earth Federation shall integrate study of these issues into its programs. Schools shall integrate in subjects such as biology, geography, geology, history, sociology, anthropology, physics, chemistry, management, engineering, business, government, medicine, and economics. 2.4.2.2.) Study of the Constitution for the Federation of Earth, the history of its creation and ratification, transformation of the old world order to the new, and how the Earth Constitution is designed to aid the people of Earth in dealing with global crises. The Earth Constitution alone cannot save humanity from the cataclysms portended by the above named global crises without the active help of hundreds of millions of world citizens. Students in every school funded under this Act must study the Earth Constitution to learn how its spirit and intent (of a peaceful, sustainable, and just world order) can be achieved by people working in their communities, regions, nations, and together worldwide. 2.4.2.3.) Development of a quality of life index. Sustainable ecologists have repeatedly pointed out that the conception of "quality of life" promoted by commercial interests and believed by the "consumer society" is an illusion dispelled upon serious thought. The role of government. is not and should not be to dictate what constitutes a "quality life" for humanity other than fulfilling the basic rights of everyone to education, healthcare, social security, peace, security, a decent wage, safe working conditions, etc. However, if every school and educational institution encourages thoughtful reflection on what constitutes a quality life, it is certain that the unsustainable over-consumption and unnecessary consumption of throw away trash now promoted by the commercial interests of the world will rapidly evaporate. This Act encourages every school and class to discuss what constitutes a quality life and how this can be achieved for the vast majority of persons on our planet. The process will empower people from below and rapidly convert consumption patterns to sustainable, durable, not polluting goods without requiring a burdensome quantity of top-down regulations from the Earth Federation. 2.4.2.4.) Study of the requirements for world peace. Every school curriculum shall integrate the concept of world peace into a variety of subjects and encourage students and citizens to develop a world peace index that specifies the conditions, attitudes, assumptions, activities, and processes that can result in world peace. Students may wish to study the self-justifying and self-perpetuating nature of the old war-system in the world and contrast this with the assumptions and requirements of a world peace system. As with the quality of life index, reflection on the subject of peace and the construction of individual or group indices will empower people to implement the Earth Constitution and the work of the Earth Federation on the local, regional, national, and global levels in ways that foster peace, nonviolence, increase in toleration and mutual understanding, disarmament, communication, and world social solidarity. 2.4.2.5.) Development of a unity in diversity index. The Preamble to the Earth Constitution places the principle of unity in diversity into the spirit and intent of the Earth Federation. Curriculum shall study the many forms of diversity in the world, such as religious, cultural, gender, personal, linguistic, tribal, national, ideological, and racial diversities. Students shall discuss throughout the educational experience, at progressively higher levels, the forms of diversity and the respective relation to various kinds of unity, from cultural, to spiritual, to governmental, etc. Again, unity in diversity study will both empower students and allow them to see the mutual relationships and interdependence of many forms of unity in diversity without excessive governmental legislation from the top down. 2.4.2.6.) Development of a good government index. Public education shall encourage students of all ages to reflect on what constitutes good and bad government and to develop a good government index. This index may specify a number of parameters that might constitute good government and ways to achieve good government. By reflection, students will better understand the limitations and difficulties of good government. Education shall empower people to critically examine and participate in local, regional, national, and federal world government for optimization. Government study will lead many to become involved with government throughout their lives and should engage citizens in the process of global transformation toward a decent world order. Open-ended pedagogies designed to empower people as individuals and communities will make possible the transformation of human life on the Earth before it is too late. Only massive participation from and cooperation by people can deal effectively with the global crises identified in this Act. For only through massive education and concomitant participation of the majority of humanity, can humanity can realize the goals of world peace, prosperity, justice, and freedom. 3. Ministry and Administration. This Session of the Provisional World Parliament will reconfirm or re-elect a Provisional Education Minister or Education Commission Chairperson, responsible to the Provisional World Parliament and World Parliament, when formed. The Education Minister, or Education Commission Chairperson, shall nominate a Provisional Senior Administrator, subject to confirmation by the Provisional World Parliament. The Education Minister and the Senior Administrator shall begin forthwith to begin the implementation of this Act. The Education Ministry shall employ a staff, and may draw up a five year budget plan. 4. Advisory Council. The Institute On World Problems Advisory Council may interlock with the Graduate School of World Problems Advisory Council as well as the Education Ministry Advisory Council, subject to the acceptation by the individual Advisory Council Members. Otherwise, the Minister of Education may nominate persons to the Advisory Council, up to a total Membership of 48 Members, subject to approval by the Provisional World Cabinet. 5. Location The Education Ministry may have headquarters as determined by this session of the Provisional World Parliament. The Education Minister and Senior Administrator need not reside at the headquarters of the Education Ministry. Education Act, adopted as amended by Provisional World Parliament. 12 August 2004. Attested: Eugenia Almand, Parliament Secretary.
World Legislative Act Number 27 Statute on the Rights of the Child Preamble , Considering that, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Bearing in mind that the peoples of the Earth have, in the numerous national, international and global instruments, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person and have determined to promote social progress and better standards of life in larger freedom, Recognizing that the Universal Declaration of Human Rights and the International Covenants on Human Rights, proclaim and agree that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in the Universal Declaration of Human Rights has proclaimed that childhood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community, Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Considering that the child should be fully prepared to live an individual life in society and brought up in the spirit of peace, dignity, tolerance, freedom, equality and solidarity, Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the United Nations General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children, ' Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth", Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions and that affected children need special consideration, Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries, This eighth session of the Provisional World Parliament, meeting at City Montessori School, Lucknow (laureate of the UNESCO Peace Prize and venue of the International Conference of Chief Justices of the World), hereby adopt this Statute on the Rights of the Child 1. A child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. 2. Earth Federation representatives and agents, other governments, and all persons are accountable to this Statute. 3. For this Statute, a custodian means any Earth Federation representative or agent, other government representative or agent, and any person who might reasonably be expected to be responsible for the health and well being of a child. Custodians include parents, law enforcement officials, teachers, the legal guardians, adult members of the extended family or community as provided for by local custom, and other persons legally responsible for the child. 1. Custodians shall respect and ensure the rights set forth in the present Statute to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or child's parent's or legal guardian's race, colour, sexual orientation, gender, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 2. Custodians shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members. 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child is a primary consideration. 2. Custodians shall undertake to ensure adequate protection and care for the child's well-being, taking into account the rights and duties of the parents, legal guardians, or other individuals legally responsible for the child, and shall take all appropriate legislative and administrative measures. 3. Institutions, services and facilities responsible for the care or protection of children shall conform with the standards recommended by competent authorities and approved by the World Parliament, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision. Custodians shall undertake all appropriate legislative, administrative and other measures for the protection and implementation of the rights recognized in the present Statute. With regard to economic, social and cultural rights, custodians shall undertake such measures to the maximum extent of their available resources and, if necessary, within the framework of international co-operation. Custodians shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Statute. 1. Every child has the inherent right to life. 2. Custodians shall ensure to the maximum extent possible the survival and development of the child. 1. The parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other custodians legally responsible for the child shall register the child immediately after birth. The child has the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by the parents. 2. Custodians shall ensure the implementation of these rights in accordance with world law, the respective national law and obligations under the relevant international and world instruments in this field, in particular where the child would otherwise be stateless. 1. Custodians shall respect the right of the child to preserve the child's identity, including nationality, name and family relations as recognized by law without unlawful interference. 2. If a child is illegally deprived of some or all of the elements of identity, custodians, shall provide appropriate assistance and protection, with a view to re-establishing speedily the identity. 1. Custodians shall ensure that a child is not separated from any of the parents or siblings against the child's, parents' or sibling's will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that separation is necessary for the best interests of the child. 2. Custodians shall ensure that a child is not separated against will from a grandparent, the legal guardians, other adult members of the extended family or community as provided for by local custom, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that separation is necessary for the best interests of the child. 3. Determination may be necessary in a particular case, such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence. 4. In any proceedings pursuant to Article 9., paragraph 1 or 2 of the present Statute, all interested parties may participate and testify in the proceedings to express views. 5. Custodians shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests. 6. Where separation results from any action initiated by a custodian, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that respective custodian shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. Custodians shall further ensure that the submission of a request entails no adverse consequences for the person(s) concerned. 1. In accordance with the obligation of custodians under article 9.1 and 9.2 , custodians shall respond to applications by a child or child's parents or family to change residence to anywhere in the world for the purpose of family reunification in a positive, humane and expeditious manner. Custodians shall further ensure that the submission of requests entail no adverse consequences for the applicants and for family members. 2. A child whose parents reside in different States has the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of custodians under article 9.1 and 9.2, custodians shall respect the right of the child and his or her parents to leave or enter any country.. The right to leave or enter any country is subject only to such restrictions as are prescribed by world law and that are necessary to protect the world security, public order (ordre public), public health or safety or the rights and freedoms of others and are consistent with the other rights recognized in the present Statute. 11.1. Earth Federation representatives, agents and States Parties to the Earth Constitution shall combat the illicit transfer and non-return of children abroad. 11.2. Family members have the right to challenge decisions of lower courts by the World Court System. If feasible and suitable, the world court shall try trans-jurisdictional appeals in a Civil Bench of the World Court. 11.3. Illicit transfer and non-return of children for the purpose of slavery or prostitution is unlawful. (Class 5 felony). The Enforcement System may bring additional charges if prostitution has been consummated (class 7 felony). 1. Earth Federation representatives, agents and States Parties to the Earth Constitution shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, Earth Federation representatives, agents and States Parties to the Earth Constitution shall in particular provide the child opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of world and national law. 1. The child has the right to freedom of expression; this right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice. 2. Expression may be subject to restrictions for the protection of the rights of other people, but restrictions may only be such as are provided by law and as are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of world security or of public order (ordre public), or of public health or morals. 1. Earth Federation representatives, agents and States Parties to the Earth Constitution shall respect the right of the child to freedom of thought, conscience and religion. 2. Earth Federation representatives, agents and States Parties to the Earth Constitution shall respect the rights and duties of the parents and, if applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. 1. Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the rights of the child to freedom of association and to freedom of peaceful assembly. 2. Earth Federation representatives, agents and States Parties to the Earth Constitution must not place any restrictions on the exercise of these rights other than those imposed in conformity with the law and that are necessary in a democratic society in the interests of world security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. 1. Earth Federation representatives, agents and States Parties to the Earth Constitution must not subject any child to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation. 2. The child has the right to the protection of the law against such interference or attacks. Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national, international and world sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, Earth Federation representatives, agents and States Parties to the Earth Constitution shall: (a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29; (b) Encourage international co-operation in the production, exchange and dissemination of information and material from a diversity of cultural, national, international and global sources; (c) Encourage the production and dissemination of children's books; (d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous; (e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18. 1. Earth Federation representatives, agents and States Parties to the Earth Constitution shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child are properly the parents' or legal guardians basic concern. 2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, Earth Federation representatives, agents and States Parties to the Earth Constitution shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children. 3. Earth Federation representatives, agents and States Parties to the Earth Constitution shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible. 1. Earth Federation representatives, agents and States Parties to the Earth Constitution shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 2. Protective measures shall, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement. 1. This Act entitles a child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, to special protection and assistance provided by the Earth Federation or the child's national state. 2. Earth Federation representatives, agents and States Parties to the Earth Constitution shall in accordance with world law and national laws ensure alternative care for such a child. 3. Alternative care may include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, the placement agency shall pay due regard to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background. States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child are the paramount consideration. Earth Federation representatives, agents and States Parties to the Earth Constitution shall: (a) Ensure that only competent authorities permit the adoption of a child. The competent authority must determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, whether the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counseling as may be necessary; (b) Recognize that a competent placement authority may consider inter-country adoption as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in an optimum, suitable manner be cared for in the child's country of origin; (c) Ensure that the child of inter-country adoption enjoys safeguards and standards at least equivalent to those existing in the case of national adoption; (d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in inter-country adoption; (e) Promote, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or placement agencies. 1. Earth Federation representatives, agents and States Parties to the Earth Constitution shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures. shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in this Statute and in other international human rights or humanitarian instruments to which the States are Parties. 2. Earth Federation representatives, agents and States Parties to the Earth Constitution shall take appropriate measures to ensure that a child, who is internationally lost or inadvertently separated from family, receives appropriate protection and humanitarian assistance, including assistance to reunite the family. 2. Earth Federation representatives, agents and States Parties to the Earth Constitution shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the Earth Federation to protect and assist a child and to trace the parents or other members of the family of any refugee child or internationally lost child to obtain information necessary for reunification with the refugee or lost child's family. In cases where no parents or other members of the family can be found, the Earth Federation representatives, agents and States Parties to the Earth Constitution shall accord the child the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in this Statute. 1. Earth Federation representatives, agents and States Parties to the Earth Constitution recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and facilitate the child's active participation in the community. 2. Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and to those responsible for the disabled child's care, of assistance for which application is made and that is appropriate to the child's condition and to the circumstances of the parents or others caring for the child. 3. Recognizing the special needs of a disabled child, Earth Federation representatives, agents and States Parties to the Earth Constitution shall provide assistance, extended in accordance with paragraph 2 of the present article, free of charge, if possible, taking into account the financial resources of the parents or others caring for the child. Earth Federation representatives, agents and States Parties to the Earth Constitution shall design assistance to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including the child's cultural and spiritual development 4. Earth Federation representatives, agents and States Parties to the Earth Constitution shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, Earth Federation representatives, agents and States Parties to the Earth Constitution shall take particular account of the needs of developing countries. 1. Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. Earth Federation representatives, agents and States Parties to the Earth Constitution shall strive to ensure that no child is deprived of his or her right of access to such health care services. 2. Earth Federation representatives, agents and States Parties to the Earth Constitution shall pursue full implementation of this right and, in particular, shall take appropriate measures: (a) To diminish infant and child mortality; (b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution; (d) To ensure appropriate pre-natal and post-natal health care for mothers; (e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents; (f) To develop preventive health care, guidance for parents and family planning education and services. 3. Earth Federation representatives, agents and States Parties to the Earth Constitution shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children. 4. Earth Federation representatives, agents and States Parties to the Earth Constitution undertake to promote and encourage international co-operation with a view to achieving progressively the full protection of the right recognized in the present article. In this regard, Earth Federation representatives, agents and States Parties to the Earth Constitution shall take particular account of the needs of people in developing countries. Earth Federation representatives, agents and States Parties to the Earth Constitution recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to the child's placement. 1. The Earth Federation and States Parties to the Earth Constitution recognize for every child the right to benefit from social security, including social insurance and shall take the necessary measures to achieve the full realization of this right in accordance with their world law and national law. 2. Earth Federation agencies shall grant benefits, if appropriate, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child. 1. The Earth Federation and States Parties to the Earth Constitution recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. 2. The parent(s) or other custodians responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development. 3. The Earth Federation and States Parties to the Earth Constitution, in accordance with world and national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to protect this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing. 4. Earth Federation representatives, agents and States Parties to the Earth Constitution shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child. In particular, where the person having financial responsibility for the child lives in a State different from that of the child Earth Federation representatives and agents shall seek recovery from the parents or other persons of financial responsibility at a world federal level.. 1. The Earth Federation and States Parties to the Earth Constitution recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, the Earth Federation representatives and agents, and States Parties to the Earth Constitution shall, in particular: (1.1.) Make primary education compulsory and available free to all; (1.2.) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child and take appropriate measures such as the introduction of free education and offering financial assistance in case of need; (1.3.) Make higher education accessible to all on the basis of capacity by every appropriate means; (1.4.) Make educational and vocational information and guidance available and accessible to all children; (1.5.) Take measures to encourage regular attendance at schools and the reduction of drop-out rates. (1.6.) Include supportive provisions for both public and private schools, to include home schooling programs. 2. Earth Federation representatives, agents and States Parties to the Earth Constitution take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Statute. 3. Earth Federation representatives, agents and States Parties to the Earth Constitution shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries. 4. Education programs shall meet at least the minimum standards as set by the World Parliament. 1. The Earth Federation and States Parties to the Earth Constitution agree that the education of the child shall be directed to: (a) The development of the child's personality, talents and mental and physical abilities to their fullest potential; (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Earth Constitution and other international and national declarations of rights.; (c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which the child originates, and for different civilizations ; (d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; (e) The development of respect for the natural environment. 2. Earth Federation representatives, agents and States Parties to the Earth Constitution and other custodians must not construe any part of the present article or article 28 to interfere with the liberty of individuals and organizations to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article 29 and to the requirements that the education given in educational institutions must conform to at least minimum standards as may be laid down by the World Parliament. Earth Federation representatives, agents and States Parties to the Earth Constitution and other custodians must not deny the right of the child, in community with other members of the child's group, to enjoy the child's own culture, to profess and practice the child's own religion, or to use the child's own language. This provision counts particularly in States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, and to a child belonging to a minority or an indigeneous child 1. The Earth Federation and States Parties to the Earth Constitution recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts. 2. Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity. 1. The Earth Federation and States Parties to the Earth Constitution recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. 2. The Earth Federation and States Parties to the Earth Constitution shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end and having regard to the relevant provisions of other international instruments, The Earth Federation and States Parties to the Earth Constitution shall in particular: 32.1. Develop and provide a minimum age or minimum ages for admission to employment; 32.2 Develop and provide for appropriate regulation of the hours and conditions of employment; 32.3 Conditions of employment shall include provisions that provide for at least a minimum sustenance, the minimum wage as determined by the World Parliament. 32.4. Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article. 33.1. Administering non-prescribed narcotic drugs or psychotrophic substances, or supplying these to children if within reason the child might be expected to self-administer the narcotic drug or psychotrophic substance, is unlawful. (class 4 felony). 33.2. This Statute prohihits the use of children in the production and trafficking of illicit substances. (class 3 felony). 33.3. Custodian administration of common, medically-appropriate, analgesic substances in recommended dosage is not illicit, and is exempt from the provisions of this Article. 33.4. The Earth Federation and States Parties to the Earth Constitution shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties. The Earth Federation and States Parties to the Earth Constitution undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall in particular take all appropriate national, bilateral, ,multilateral measures and global measures to prevent sexual abuse: 34.1. The inducement or coercion of a child to engage in any unlawful sexual activity is unlawful (class 7 felony); 34.2. The exploitative use of children in prostitution or other unlawful sexual practices is unlawful (class 7 felony); 34.3. Child Pornography means the portrayal of a real child engaging in sexual activity, with the portrayal intended to sexually excite the viewer, whether the portrayal is created for sexual satisfaction or remunerative purposes. The exploitative use of children in pornographic performances and materials is unlawful (class 6 felony). The Earth Federation and States Parties to the Earth Constitution shall take all appropriate national, bilateral, multilateral and global measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form. Abduction of, the sale of or traffic in children is unlawful (class 4 felony). Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare. Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians recognize that: 37.1. Torture is unlawful (class 7 felony. See WLA#19, Elements 7 (1) (f)). 37.2. Cruel, inhumane or degrading treatment or punishment. is unlawful (class 5 felony. See WLA#19 Elements 7 (1) (k) ). This statute recognizes the child's right to be protected from genital mutilation. Sexual mutilation to a person less than 18 years of age is a crime against humanity of sexual violence. (Class 5 felony, WLA19-Elements 7.1.g.). This Act does not prohibit self-imposed genital mutilations of persons 18 and above, whether for religious or other personal convictions. This Act does not prohibit genital surgery for bona fide medical necessity. 37.3. Earth Federation representatives, agents, States Parties to the Earth Constitution must impose neither capital punishment nor life imprisonment without possibility of release for offences committed by persons below eighteen years of age at the time of the offence (Execution without due process - Class 7 felony); 37.4. Earth Federation representatives, agents, and States Parties to the Earth Constitution may arrest, detain or imprison a child only in conformity with the world law or respective national law, when the respective national law is not in conflict with world law. Earth Federation representatives, agents, States Parties to the Earth Constitution may only arrest, detain or imprison a child as a measure of last resort and for the shortest appropriate period of time; Earth Federation representatives, agents, States Parties to the Earth Constitution and custodians may not unlawfully or arbitrarily deprive any child of liberty. (c) Earth Federation representatives, agents, States Parties to the Earth Constitution and custodians shall treat every child deprived of liberty with humanity and respect for the inherent dignity of the human person and in a manner that takes into account the needs of persons of the child's age. In particular, Earth Federation representatives, agents, States Parties to the Earth Constitution and custodians shall separate every child deprived of liberty from incarcerated adults unless a respective court considers the child's best interest is to keep the child with a particular incarcerated adult or adults. The child has the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of the child's liberty before a court or other competent, independent and impartial authority and to a prompt decision on any deprivation. 1. Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts that are relevant to the child. 2. Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities. 3. Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall refrain from recruiting any person who has not attained the age of fifteen years into armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall endeavour to give priority to those who are oldest. 4. In the case of persons fifteen years old but who have not attained the age of eighteen, who express an interest in working for the enforcement system of the Earth Federation, the training program of the Department for which the person seeks employment shall administer an entrance exam, to determine whether the applicant is of character, mind and body to participate in the department. The training program shall include an apprenticeship academy in which, if accepted, the applicant may train in civil law enforcement until at least the applicant's eighteenth birthday. If successful in the apprenticeship academy, the enforcement system may encourage the applicant to seek higher education in the field of law enforcement. 5. Conscription is unlawful. Conscription of a minor is unlawful(from World Legislative Act 19.2.21. Conscription -19.2.21.3 Resulting in death or permanent injury of a conscripted minor – (Class 4 felony).19.2.21.4. If no known death or permanent injury of a conscripted minor – (Class 3 felony). 6. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict. Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Recovery and reintegration shall take place in an environment that fosters the health, self-respect and dignity of the child. 1. This Act recognizes the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society. 2. To this end and having regard to the relevant provisions of international instruments, Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall, in particular, ensure that: 40.2.1. No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national , international or world law at the time they were committed; 40.2.2. Every child alleged as or accused of having infringed the penal law has at least the following guarantees: 40.2.2.1. To be presumed innocent until proven guilty according to law; 40.2.2.2. To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians and to have legal or other appropriate assistance in the preparation and presentation of his or her defence; 40.2.2.3. To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians; 40.2.2.4. Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality; 40.2.2.5. If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law; 40.2.2.6. To have the free assistance of an interpreter if the child cannot understand or speak the language used; 40.2.2.7. To have his or her privacy fully respected at all stages of the proceedings. 40.2.2.8. The child has all the rights recognized under the Earth Constitution, recognized under World Legislative Act Number 15, for the World Bench for Human Rights Cases, and under other international and national documents of rights recognitions. 3. Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law,. In particular, and if appropriate, the Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall promote measures for dealing with children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.: 4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence. Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians shall treat underage children who have allegedly committed criminal actions, with appropriate care, supervision, and counselling, if feasible and appropriate. Care may include alternatives to institutionalized care. Article 41 Nothing in the present Statute shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in: (a) The law of a State party to the Earth Constitution; or (b) International law in force for that State Party. Article 42 This Statute recognizes the right of children and right of future generations of children, to inherit a safe and healthy ecology. (Editor's Note: Original Articles 42 through 45 have been re-numbered Articles 43 through 46, to accommodate the addition of new Article 42. Old Articles 46 through 48 were stricken as unconstitutional. Hence the skip of enumeration in following articles.) Article 43 Earth Federation representatives, agents, States Parties to the Earth Constitution and other custodians undertake to make the principles and provisions of the Statute widely known, by appropriate and active means, to adults and children alike. Article 44 1. For the purpose of examining the progress made by original States Parties in achieving the realization of the obligations undertaken in the present Statute, a Committee on the Rights of the Child has been established, that performs the functions hereinafter provided. 2. The Committee shall consist of ten experts of high moral standing and recognized competence in the field covered by this Statute. The members of the Committee shall be elected by original States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems. 3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by original States Parties. Each State Party may nominate one person from among its own nationals. 4. The initial election to the Committee was held about 6 months after the date of the entry into force of the original Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to original States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them and shall submit it to the States Parties to the present Statute. 5. The elections are held at meetings of original States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties constitutes a quorum, the persons elected to the Committee are those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. 6. Original State Parties shall elect the members of the Committee for a term of four years. Committee Members are eligible for re-election if re-nominated. The term of five of the members elected at the first election expires at the end of two years. immediately after the first election. The Chairman of the meeting shall chose the names of these five members by lot . 7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee. 8. The Committee shall establish its own rules of procedure. 9. The Committee shall elect its officers for a period of two years. 10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. A meeting of the original States Parties may determine and review the duration of the meetings of the Committee , , subject to the approval of the World Parliament. 11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Statute. 12. With the approval of the General Assembly, the members of the Committee established under the present Statute shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide. The World Parliament may, pay emoluments for the further operation of the Committee, or for programs that the Committee recommends. Article 45 1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights: (a) Within two years of the entry into force of the Statute for the State Party concerned; (b) Thereafter every five years. 2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Statute. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Statute in the country concerned. 3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided. 4. The Committee may request from States Parties further information relevant to the implementation of the Statute. 5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities. 6. States Parties shall make Committee reports widely available to the public in the respective countries. 7. The United Nations Secretariat, or a viable agency of the United Nations system, shall make the Committee reports available to the public via the Internet. Article 46 In order to foster the effective implementation of the Statute and to encourage international co-operation in the field covered by the Statute: 46.1. The specialized agencies, the United Nations Children's Fund and other United Nations organs that have ratified the Earth Constitution are entitled to representation in the consideration of the implementation of provisions of the present Statute as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Statute in areas falling within the scope of respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund and other United Nations organs to submit reports on the implementation of the Statute in areas falling within the scope of their activities; Reconstituting United Nations agencies that are receiving funding through programs of the Earth Federation shall report to their respective ministries at least semi-annually. 46.2. The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee's observations and suggestions, if any, on these requests or indications; 46.3. The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child; The Committee may recommend to the World Ombudsmus and to the agencies of the Integrative Complex to undertake studies on specific issues relating to the rights of the Child. 46.4. The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Statute. The Committee shall transmit suggestions and general recommendations to any State Party concerned and report to the General Assembly, together with comments, if any, from States Parties. 46.5 The Committee shall also transmit suggestions and general recommendations to the World Ombudsmus and to the Enforcement System of the Earth Federation, as appropriate.and feasible Original Articles 46, 47 and 48 were unconstitutional and are not adopted by the People, as represented by the Provisional World Parliament, convened in conformance with Article 19 of the Earth Constitution.. This World Legislative Act is the reconstitution, integration and adoption of the Convention on the Rights of the Child. The Convention on the Rights of the Child was adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989. It entered into force 2 September 1990, in accordance with article 49 of the CRC. This World Legislative Act recognizes and confirms the original date of entry into force. 49.1. The original conventional form of this Statute entered into force on 2 September 1990 (the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession) 49.2. For each State ratifying or acceding to the origninal conventional form of the Statute after the deposit of the twentieth instrument of ratification or accession, the original Statute entered into force on the thirtieth day after the deposit by the respective State of the instrument of ratification or accession. 49.3. Amendments to this Statute enter into force immediately upon adoption by the Provisional World Parliament or World Parliament, unless the World Parliament stipulates other entry conditions. 1. Any State Party to the Earth Constitution may propose an amendment and file it with the Minister of the Commission for Legislative Review. The Minister shall thereupon communicate the proposed amendment to the Provisional World Parliament or World Parliament, with a request that the Parliament indicate whether they favour voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the Delegate Members favour deliberation of the amendment, the proposed amendment shall be deliberated. A simple majority of both the House of Peoples and the House of Nations at the World Parliament may be adopt proposed amendments. If the House of Nations is not yet functional, the simple majority of the Provisional World Parliament or World Parliament may adopt the proposed amendment. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force immediately, unless otherwise stipulated by the amendment. 3. When an amendment enters into force, it is binding on those States Parties to the Earth Constitution, other States Parties still being bound by the provisions of the former Statute and any earlier amendments that the respective States Parties have accepted. 4. If the United Nations Committee on the Rights of the Child recommends an amendment of the original Convention on the Rights of the Child to the Secretary General of the United Nations, the Commission for Legislative Review shall examine the proposed amendment for possible recommendation to the World Parliament. 5. If the original States Parties to the Convention on the Rights of the Child adopt an amendment to the Convention, the Commission for Legislative Review shall examine this amendment to determine whether it should be presented to the World Parliament for deliberation. Original Articles 51 and 52 were unconstitutional and are not adopted by the People, as represented by the Provisional World Parliament, convened in conformance with Article 19 of the Earth Constitution. The Institute on Governmental Procedures and World Problems is the depositary of the present Statute. The Institute on Governmental Procedures and World Problems shall develop multilingual versions of the present Statute, as soon as feasible. First versions may be in English, Spanish and French. In witness thereof the undersigned world citizen delegate members of the Provisional World Parliament authorized thereto by Article 19 of the Earth Constitution, have signed the present Statute.
Memorandum of an Act World Legislative Act Number 28 World Bench for Juvenile Cases Whereas, As a precedent, the provisional World Parliament has reconstituted and integrated the Rome Statute for the International Criminal Court as World Legislative Act #20, for the World Bench for Criminal Cases; and Whereas, it has been noted by the youth of the World, as represented by the students of City Montessori School, Lucknow, as well as young people of many lands, that a World Juvenile Justice System is necessary for protecting young people, both within and without the world's criminal justice systems, as well as to protect the adults of the world; And whereas, this eighth session of the provisional World Parliament has adopted the Statute on the Rights of the Child, reconstituting with greater strength the original Convention on the Rights of the Child, as a necessary legal basis for creating a World Juvenile Bench that recognizes the generally accepted principles of juvenile law; This eighth session of the provisional World Parliament, meeting at City Montessori School, Lucknow, in August 2004, hereby adopts this World Legislative Act for a World Bench for Juvenile Cases. Part 1. Establishment of the Court Article 1. The Juvenile Bench This Statute establishes a World Bench for Juvenile Cases (World Juvenile Court). The Juvenile Bench is a permanent institution with the power to exercise jurisdiction over persons for the most serious crimes of world concern, as referred to in this Statute. The Juvenile Court is complementary to national juvenile criminal jurisdictions. The Juvenile Court is supplementary to the other benches of the World Court System. This Statute governs the jurisdiction and functioning of the Juvenile Court. Purposes 1.1. to protect the world's children, as well as the greater society of human beings 1.2. to try civil cases involving juveniles in matters of custody, education, juvenile employment, juvenile business or medical treatment if the case court determines world jurisdiction; 1.3. to try criminal cases involving juvenile defendants in matters of world criminal law; 1.4 to try criminal cases involving adult defendants who were juveniles at the time of commission of world crimes. 1.5. to order protection for juveniles in any event that families have been unable to provide protections, national governments have been unable to provide protection or agencies of the world government have not been responsive to the needs of juveniles in accordance with world law; 1.6. to coordinate with agencies of the Earth Federation to provide protection and services to juveniles. Article 2. Seat of the Juvenile Bench. The first Seat of the Juvenile Bench shall be in or near Lucknow, Uttar Pradesh, INDIA. The provisional world government shall establish another Seat of the Juvenile Bench in or near Kinshasa, Congo, as soon as feasible. The Juvenile Bench may sit elsewhere, upon decision of the Juvenile Bench. Article 3. Legal status and Powers of the Juvenile Bench The Juvenile Bench has global legal personality. The Juvenile Bench has legal capacity for the exercise of Juvenile Bench functions and fulfilment of Juvenile Bench purposes. The Court may exercise functions and powers anywhere on Earth. Part 2. Jurisdiction, Admissibility and Applicable Law Article 4. Crimes within the Jurisdiction of the Court This Statute limits jurisdiction of the Juvenile Court to cases involving juveniles: 4.1. Cases that address the most serious crimes of concern to the world community as a whole, in which the defendant is a juvenile, or was a juvenile at the time of commission of the crime. The Court has jurisdiction in accordance with this Statute with respect to the following crimes: 4.1.1. The crime of genocide; 4.1.2. Crimes against humanity; 4.1.3. War crimes; 4.1.4. The crime of aggression; 4.1.5. Environmental crimes; 4.1.6. World federal corruption; 4.1.7. Interference in world government. 4.2. In civil cases, jurisdiction is same as for world civil court, except for issue of age. If civil suit is drawn against a juvenile, the Juvenile Bench has jurisdiction. 4.3. If a juvenile initiates a civil suit action involving an adult, the juvenile may initiate the suit in the World Bench for Civil Cases, or in the Juvenile Court, subject to World Court determination of case jurisdiction. Article 5. Elements of Crimes is in effect for the Juvenile Bench. Although crimes described in the World Legislative Act #19 for a Criminal Code Penalty Classification (Penal Code) are also crimes for juveniles, the penalty classification of (WLA #19) is not in effect for children. This Act directs the World Judicial Commission to draft provisions for a juvenile penal code. The provisional World Parliament shall nominate a Juvenile Advisory Committee, composed of juvenile members (14 through 17 years of age), to give recommendations to the World Judicial Commission. Article 6. Jurisdiction ratione temporis The Juvenile Bench has jurisdiction only with respect to crimes committed after the entry into force of respective world statutes. This Statute enters into force upon adoption by the provisional World Parliament. Article 7 . Preconditions and exercise of jurisdiction The Court may exercise its jurisdiction with respect to a World Crime referred to World Legislative Act 19 (WLA#19.), or Elements of Crimes in accordance with the provisions of this Statute if: 7.1. The World Ombudsmus or a State Party in accordance with World Legislative Act #20, Article 14 (WLA#20.14) refers a situation in which one or more of World Crimes appears to have been committed; 7.2. The World Presidium refers to the Prosecutor a situation in which one or more World Crimes appears to have been committed; or 7.3. The Prosecutor has initiated an investigation in respect of World Crimes in accordance with World Legislative Act #20, Article 15 (WLA#20.15.). Article 8. Prosecutor Within the Office of World Attorneys General, an office of Juvenile Case Prosecutor is hereby established. If a person charged with a crime is a juvenile, or was juvenile at the time of commission of crime, the Office of World Attorneys General shall assign a Juvenile Prosecutor to the case. Article 9. Admissibility In criminal cases, admissibility is same as for world criminal court (Same as WLA#20, Article 17 ). In civil cases, admissibility is same as for the World Bench for Civil Cases. Article 10. Challenges – (Same as WLA#20, Article 19 ) Article 11. Ne bis in idem (Same as WLA#20, Article 20 ) Article 12. Applicable Law - (Same as WLA#20, Article 21 , except that age is a determining factor) The Juvenile Court shall consider the age and the maturity of any Juvenile defendant in the application and interpretation of the law. Part 3. General Principles of Juvenile Law Article 13. Nullem crimen sine lege 13.1. A person is not criminally responsible under
this Statute unless the conduct in question constitutes, at the time it
takes place, a crime within the jurisdiction of the Court. 13.3. This article does not affect the
characterization of any conduct as criminal under world law
independently of this Statute. .
Article 15. Non-retroactivity ratione personae (Same as WLA#20, Article 24 ) Article 16. Age limits for defendants Lower limit in juvenile criminal cases. The Juvenile Bench has no jurisdiction in cases in which a juvenile had not reached the age of fourteen (from first complete year after birth) at the time at which the crime was committed. As there is no statute of limitations for World Law, there is no upper age limit for juvenile criminal cases. The Juvenile Bench has jurisdiction in cases in which an adult is charged to have committed a crime as a juvenile before the age of 18, unless the adult had probably not yet reached fourteen years of age, in which case there is no jurisdiction for the Juvenile Bench. If an adult is charged with having committed a crime before the defendant's age of fourteen, this probability excludes criminal responsibility. Penalties for adults charged with juvenile crime are the same as for juveniles, except the Court shall consider whether maturation precludes the necessity for the respective penal provisions. Article 17. Mental element (Same as WLA#20, Article 30 ) Article 18. Grounds for excluding criminal responsibility (Same as WLA#31, Article 30 ), except that in cases where the commission of a crime takes place before the defendant's age of fourteen, in which case, criminal responsibility is excluded. The Juvenile Court may determine conditions for treatment or care of juveniles for whom age excludes criminal responsibility. However, the Juvenile Court must not subject underage juveniles to trial, nor juveniles or adults who were probably underage at the time of commission of the crime. Article 19. Mistake of fact or mistake of law (Same as WLA#20, Article 32 ) Part 4. Composition and Administration of the Court Article 20. Organs of the Court Article 21. Service of Judges Article 22. Qualifications, nomination and election of judges Article 23. The Presiding Council of World Judges shall fill Judicial vacancies giving preference to Judges with expertise in Juvenile Law or with significant juvenile case experience. Article 24. Chambers (Same as WLA#20, Article 39, ) Article 25. Independence of Judges (Same as WLA#20, Article 40., ) Article 26. Excusing and disqualification of judges (Same as WLA#20, Article 41, ) Article 27. Office of the Prosecutor (Same as WLA#20, Article 42, ) Article 28. The Registry (Same as WLA#20, Article 43 ) Article 29. Staff (Same as WLA#20, Article 44 ) Article 30. Solemn undertaking (Same as WLA#20, Article 45 ) Article 31. Removal from office (Same as WLA#20, Article 46 ) Article 32. Disciplinary measures(Same as WLA#20, Article 47, ) Article 33. Privileges and Immunities (Same as WLA#20, Article 48, ) Article 34. Salaries, allowances and expenses (Same as WLA#20, Article 49, ) Salaries, allowances and expenses of the Juvenile Court are the same as for other benches of the World Court System. Article 35. Official and working languages (Same as WLA#20, Article 50, ) Article 36. Rules of Procedure and Evidence (Same as WLA#20, Article 51, , except that the Juvenile Court shall give due consideration to the best interest of the child under all circumstances.) The Juvenile Court must provide arrangements for the regular attendance of immediate family members of a defendant, or of the defendant's customary custodian, unless the Court, under the advice of competent authorities, determines that a family member's presence would be detrimental to the well being of the juvenile. In the case of working parents whose employers do not wish the parent to attend, the Court may decide, if necessary, to subpoena the parents. The Juvenile Court may order the employer to allow leave for the parents, if that is in the best interest of the defendant. However, the Juvenile Court must pay employer costs if the employer is ordered to allow parental leave. The Court may pay costs for parents or closest significant others to attend. If the juvenile is found guilty, the juvenile may be required to eventually pay restitution for costs incurred. The Juvenile Court must additionally pay close attention to the defendant's state of mind during the trial. If the juvenile requires rest, the Court must recess for a rest. The Juvenile Court must allow adequate time during the course of a day for the defendant to receive adequate educational services. Direct instructional time may be up to four hours per day, four days per week. The Juvenile Court must provide qualified educational staff for the defendant. The teacher student ratio in a Juvenile Court system learning room is no more than six students per teacher. This Act recommends a stronger teacher student ratio, such as two students per teacher, or four students per teacher. As feasible and appropriate for teaching in different subject areas, students may have multiple teachers in the Juvenile Court System. Article 37. Regulations of the Court (Same as WLA#20, Article 52 ), except that the Juvenile Court may adopt additional regulations to adapt specifically to the needs of juveniles. Part 5. Investigation and Prosecution. –Provisions of this part are the same as listed in Rules of Procedure and Evidence, except that child rights apply and take precedence if there is any conflict between the provisions. The Juvenile Bench Commission shall report its recommendations at upcoming sessions of the provisional World Parliament if substantial conflicts are determined.Article 38. Initiation of Prosecution.38.1.Duties and powers of the Prosecutor 38.2.Rights of persons during an investigation (Same as WLA#20.55, except that additional child rights apply.) 38.3. Role of Pre-Trial Chamber 38.4. Pre-Trial Chamber functions and powers 38.5. Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear 38.6. Arrest proceedings in the custodial state 38.7. Initial proceedings 38.8. Confirmation of charges before trial 38.9 Sanctions for misconduct before the Court – The Juvenile Bench Commission shall include recommendations for these provisions of sanctions for misconduct in its report to upcoming sessions of the provisional World Parliament. Part 6. The trial Article 39. Use of juveniles in juvenile juries and Juvenile Court In jury trials, Juvenile defendants have the right to select a juvenile jury, an adult jury or a mixed adult and juvenile jury. Juvenile jurors must have attained the age of fourteen in order to serve. The Juvenile Court must provide juvenile jurors with adequate instructions for Court participation and Juror deliberation. Juvenile jurors may be selected from a jury pool of world citizens, which may include persons with prior jury experience, and juveniles who have completed sentencing programs, or who are performing satisfactorily within a sentencing program. Juvenile jurors may be disqualified for misconduct as determined by the presiding Judge. Article 40. This Statute encourages juveniles to take an active and orderly part in the Juvenile Court process. However, the prosecutor and the presiding judges must meet the qualifications as defined in the Earth Constitution. Further world legislation may determine additional conditions and qualifications for juvenile participation in the Juvenile Court. Part 7 Sentencing Article 41. Applicable penalties. The primary function of the World Juvenile Court System is to protect the public, to include preventative measures, education and other means to protect the children. If a convicted child has caused damages or costs, these may be noted in the child's credit file. The Juvenile Court may assess payments to be made by installments for restitution. Ordinarily, incarceration is to be avoided. However, in some circumstances, such as in the repetition of violent crimes, the Juvenile Court may determine that incarceration may be necessary for the best interests of all. Before the next Lucknow session of the provisional World Parliament, the Juvenile Bench Commission shall submit a juvenile penalty classification proposal to the Commission for Legislative Review with appropriate juvenile sentencing parameters for all crimes listed in the Penalty Code (adult) and Elements of Crimes. Article 42. Non-Prejudice to national penalties and national laws. This Act affects the application by States of penalties by national law, if the State is not in compliance with the Statute on the Rights of the Child. States shall refrain from actions or inactions that infringe on the rights recognized in the Statute on the Rights of the Child. Article 43. Trust Fund. This Act establishes a Trust Fund for the benefit of victims of crimes within the jurisdiction of the Juvenile Court, and of the families of victims. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Juvenile Court, to the Trust Fund. The Juvenile Bench shall manage the Trust Fund according to the Regulations of the Juvenile Bench, subject to approval by the World Parliament. If the Assembly of States Parties Trust Fund management decides that it will be in the best interest of victims, their families, and the management of the overall Trust Funds of the World Court System, then the Assembly of States Parties may submit a proposal to the World Parliament for consideration. Part 8. Appeal and Revision (Same as WLA#20. Articles 81, 82, 83, 84, 85)Part 9. International Cooperation and Judicial Assistance (Same as WLA#20. Articles 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98,99, 101, 102)Part 10. Enforcement (Same as WLA#20. Part 10., Articles 103, 104, 105, 106, 107, 108, 109, 110, 111; Many of these provisions might be quite different for Juvenile Bench. The Juvenile Bench Commission shall report its recommendations at upcoming sessions of the provisional World Parliament.Part 11. Civil Cases The Juvenile Bench Commission shall report its recommendations for this part at upcoming sessions of the provisional World Parliament. Article 112 is reserved for Juvenile Bench Commission recommendations. Juvenile Bench Commission shall consider the necessity for provisions addressing the following matters: Cases of Family Custody Cases of Custodial Dispute involving public agencies Other Civil Cases involving juveniles Part 12. Financing (Same as WLA#20. Articles 113 through 118)Juvenile Bench Commission shall consider the necessity for additional provisions addressing the following matters: Recognition of need to support families of juveniles Recognition of need for juvenile residential facilities Part 13. Final clauses (Same as WLA#20. Part 13., Articles 119, 120, 121, 122, 123, 125, 126, 128.)Article 129. To reduce costs and to promote general acceptance and use of this world legislation, the format of this legislation may be presented in three forms, until the second operational stage of world government begins, as defined in the Earth Constitution: 129.1. Legislative Summary; 129.2. Short form (Memorandum WLA#28.), with reference to the Criminal Court (World Legislative Act #20) in redundant articles and provisions. 129.3. Long form, including all redundant provisions from the Criminal Court (World Legislative Act #20) 130. As soon as feasible after the Second Operational Stage of world government begins, or during the First Operational Stage, the World Parliament may reformulate this legislation for integration without redundancy, together with (World Legislative Acts #5, #15, #20), and any other world legislation relating to the World Judiciary. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||