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    

Title and Number of Act

Year

Session

WLA_01_Weapons of Mass Destruction prohibition

1982

1

WLA_02_World Economic Development Organization

1982

1

WLA_03_World Oceans and Seabeds Authority

1982

1

WLA_04_Graduate School of World Problems

1982

1

WLA_05_Provisional District World Courts

1982

1

WLA_06_Emergency Earth Rescue Administration

1985

2

WLA_07_Earth Financial Funding Corporation

1985

2

WLA_08_World Commission on Terrorism

1985

2

WLA_09_Global Ministry on Environment

1987

3

WLA_10_World Hydrogen Energy Authority

1987

3

WLA_11_Earth Financial Credit Corporation

1987

3

WLA_12_Omnibus Act (First Manifesto)

2000

5

WLA_13_World Peace Act

2003

6

WLA_14_World Security Act

2003

6

WLA_15_Statute for the World Court on Human Rights

2003

6

WLA_16_Hydrocarbon Resource Act

2003

6

WLA_17_Commission for Legislative Review

2003

6

WLA_18_Provisional Office for World Revenue

2003

6

WLA_19_Penalty Code

2003

7

WLA_20_World Bench for Criminal Cases

2003

7

WLA_21_World Patents Act

2003

7

WLA_22_Equity Act

2004

8

WLA_23_Global Accounting & Auditing Standards Act

2003

7

WLA_24_Rules for Procedure & Evidence

2003

7

WLA_25_Preservation of World Government Records

2003

6

WLA_26_Education Act

2004

8

WLA_27_Child Rights

2004

8

WLA_28_World Bench for Juvenile Cases

2004

8

WLA_29_Elections Act

2004

8

WLA_30_Water Act

2004

8

 

(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 & abbreviation)

Primary original author

Session

Enacted

Venue

Session

Amended

WLA_01_WMD_Prohibition

Disarmament

P. Isely

1

Brighton, UK. 1982

6 & 8

WLA_02_WEDO

Economic Development Organization

P. & M. Isely

M. Isely (deceased 1997)

1

"

6

WLA_03_wosa : Oceans & Seabeds

P. Isely

1

"

6

WLA_04_gswp : Graduate School

T. Amerasinghe

1

"

6 & 8

WLA_05_pdwc : World Court

T. Amerasinghe

1

WLA_06_eera : Earth Rescue

P. Isely

2

New Delhi, India 1985

4 & 6

WLA_07_effc

Earth Federation Funding Corporation

P. & M. Isely

2

"

6 & 8

WLA_08_wct : Commission on Terrorism

T. Amerasinghe

2

 

WLA_09_gme : Environment Ministry

R. Mayur (deceased 2004)

3

"

8

WLA_10_whesa : Hydrogen Energy

N. Veziroglu

3

Miami Beach, Florida 1987

8

WLA_11_efcc

Earth Financial Credit Corporation

P. & M. Isely

3

"

4,6 & 8

WLA_12_omnibus : First Manifesto

P. Isely

5

Qawra,

Malta 2000

8

WLA_13_ World Peace Act

E. Almand

6

Bangkok, Thailand 2003

8

WLA_14_World Security Act

E. Almand

6

 

WLA_15_swchr

Human Rights Court

L. Kutner

(deceased)

6

 

WLA_16_hc_resource

Hydrocarbon Resources

E. Almand

6

 

WLA_17_clr

Commission for Legislative Review

E. Almand

6

"

8

WLA_18_powr

World Revenue

E. Almand

6

"

7 & 8

WLA_19_penalty_code

Penalty Code

E. Almand

7

Chennai, India 2003

8

WLA_20_wb_criminal_cases

Criminal Case Bench

Assembly of States Parties

7

 

WLA_21_dwpipr_patents

Patents Act

G. Martin

7

 

WLA_22_equity_act

Equity Act

G. Martin

8

Lucknow, India 2004

 

WLA_23_gaas_accounting

Accounting & Auditing

Intl Accounting Standards Board

7

Chennai, India 2003

 

WLA_24_rpe_procedure_evidence

Procedure & Evidence

Assembly of States Parties

7

 

WLA_25_spwgr_records

Records Preservation

E. Almand

7

 

WLA_26_education_act

Education Act

G. Martin

8

Lucknow, India 2004

 

WLA_27_child_rights

Child Rights

United Nations General Assembly

8

"

8

WLA_28_wbjc_juvenile_cases

Juvenile Case Bench

Assembly of States

Parties

8

 

WLA_29_wbea_gpa_elections_act

Elections Act

GPA committee

8

 

WLA_30_water_act

Water Act

World Youth

Parliament

8

 

WLA_31_World Ombudsmus

World Ombudsmus Act

G.Martin & E. Almand

9

Tripoli, Libya 2006

 

WLA_32 Conflict Resolution Bill

G. Martin

9

 

WLA_33 Fissile Production Ban

GreenPeace Intl.

9

 

WLA_34 Nuclear Weapons Elimination Protocol (from UNGA doc #A/C.1/52/7)

Intl. Assoc. Lawyers

Against Nuclear Weapons

9

 

WLA_35 Nuclear Contamination Act

R. Bertell

9

 

WLA_36 Quit Guantanamo Directive

E. Almand

9

 

WLA_37 Agreement on World Federal Privileges & Immunities

UNGA 1947>

Assembly of States Parties

9

 

WLA_38 Public Utilities Act

E.Almand & D. Gupta

9

 

World Legislative Act

(Number & abbreviation)

Primary original author

Session

Enacted

Venue

Session

Amended

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

World Legislative Act Number 1

 

To Prohibit Weapons of Mass
Destruction, Including Nuclear Weapons, and to Create

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,

Class 1 Misdemeanor up to 1 week 1 week to 2 weeks' 1 week to 1 month's
Class 2 Misdemeanor up to 2 weeks' 2 weeks' to 1 month's 1 month to 2 months'
Class 3 Misdemeanor 2 weeks' to 1 month's 1 month to 2 months' 6 weeks to 3 months'

Economic development to achieve better living conditions is a primary concern of most of the People of Earth;

Adequate and equitable and sustainable world economic development is the other half of the disarmament equation, since adequate economic development can provide the conditions required for a peaceful world society, and disarmament is required to apply resources for development;

The world is on the verge of extreme financial crisis, that greatly affects the lives and livelihoods of everybody, requiring new approaches to financial procedures which are designed to serve maximum human welfare;

The conditions of economic development are also related to protection of the environment, renewable energy supplies, human equity, and democracy;

The World Parliament and the Provisional World Parliament are specifically authorized to proceed with a World Economic Development Organization, and related financial institutions, under the Earth Constitution, specifically pursuant to Article 19, Sec. B-5, and Sec. E-5 and 6, and to Article 17, Sec. C-9 and Sec. C-10-e.

The inauguration of an adequate and effective World Economic Development program by the Provisional World Parliament could expedite acceptance of the Earth Constitution, and may also provide a key to financing subsequent sessions of the Provisional World Parliament and World Constituent Assembly, as well as the campaign for ratification of the Earth Constitution.

THEREFORE, this first session of the Provisional World Parliament, convened under Article 19 of the Earth Constitution, adopts this Act to inaugurate a World Economic Development Organization (WEDO), together with related and appropriate global financial institutions, under the following conditions:

1. Scope

WEDO is to administrate an adequate program of world economic development to meet peaceful human needs, with a development budget in Earth credits or Earth currency equivalent to of at least two hundred billion (U.S. 1982) dollars per annum (Approximately ө10 million per annum), in the very near future, although the first years budgets may be less.

Since adequate and effective world economic development in terms of peaceful human needs can only be carried out in the context of non-military world federation, WEDO is designed as an integral part of the process of world federation. Accordingly, WEDO is organized to serve only those countries and people who ratify or give provisional ratification to the Earth Constitution (Article 19, Sec. B-5, FEC).

2. Funding

The Provisional World Parliament and the Provisional World Government seeks capital funds for the operation of WEDO from the following sources, but not limited thereto:

2.1. Earth Federation Funding Corporation subscriptions from participating countries, on the basis that any country can afford to make an appropriation or subscription of up to one-fourth the amount that it simultaneously reduces from its military budget.

2.2. Earth Federation Funding Corporation subscriptions from oil-rich countries and other countries with surplus budget that may have surpluses which they want to have invested in a World Economic Development Program designed particularly to achieve a just World Economic Order, that will enable the less developed countries to realize greater economic equity.

2.3. Deposits by thousands and eventually millions of people who wish to deposit their money with financial institutions that are designed to serve exclusively peaceful human needs.

2.4. In due course, development of the financing potential and procedures defined under Article 8, Section G, paragraphs (d), (e), (f) of the Earth Constitution, which bases financing on potential productive capacity in both goods and services, rather than on past savings, this being the key to the development of an equitable new world economic order.

3. Banking and Credit

This Act establishes a Planetary Banking and Credit system to receive, manage, create and disburse funds and credit, in conjunction with WEDO, in accordance with Article VIII, Section G, of the Earth Constitution. WEDO shall extend a line of credit equal to ten times the amount of the subscription to each country making a subscription to Earth Federation Funding Corporation. WEDO shall make additions to the initial line of credit on the basis of the productivity potential of approved projects.

A basic condition for the extension of financial credit is the potential productive capacity of any project

4. Board of Directors

A Board of Directors consisting of up to 33 members, shall develop and supervise WEDO. The Board is composed as follows:

4.1. The Provisional World Parliament or World Parliament elects 6 Members to the Board for terms of 5 years.

4.2. The first 21 countries ratifying or giving provisional ratification to the Earth Constitution, and making a subscription to WEDO equal to at least 25% of their last military budgets, or 2% of GNP designate up to 20 Members to the Board (to be called "subscriber members"), to serve terms of 3 years. This provision shall sunset upon the completion of the first full parliamentary term after the commencement of the full operative stage of world government as described by the Earth Constitution (FEC Article 17, Section E.

4.3. Agencies of the Integrative Complex shall nominate 7 Members to the Board, with one nomination from each agency (Article 8 of the FEC), to serve terms of 5 years.

The Board of Directors shall meet quarterly, and shall elect its own officers. No one shall serve more than 3 consecutive terms. Absolute 2/3 majority of the Ballot of the Board may remove a Board Member for cause. The original source of the removed Board Member shall elect or nominate a new Member to fill the vacancy until the end of the respective term.

5. Administration

The Board of Directors shall define and select the Administration for WEDO.

6. Subscribers Council

Each country ratifying or giving provisional ratification to the Earth Constitution and making a subscription to WEDO equal to at least 25% of its military budget or 2% of its GNP, or more, shall name a Member to the Subscribers Council.

The Subscribers Council shall elect replacements of the Subscriber Members of the Board of Directors, after first terms are served.

7. Consultants

WEDO may establish a roster of consultants in various fields of expertise, and may retain some outside agencies or institutions on a consulting basis.

WEDO shall in particular utilize the services of the Agency for Research and Planning, the Agency for Technological and Environmental Assessment, and the World Financial Administration of the Integrative Complex, as provided under the Earth Constitution.

8. Projects

WEDO invites each country making a subscription to WEDO to submit projects for approval and financing.

States, communities, districts, cooperatives, corporations, universities and other bodies or individuals may also submit projects for approval and financing by or through WEDO.

In addition, WEDO shall prepare a roster of projects that seem desirable, and may invite the participation of public of private agencies to carry them out.

WEDO shall consider and assist only projects to be developed and carried out by or within countries that have ratified or given provisional ratification to the Earth Constitution, or by communities, corporations, cooperatives, states, universities, or other bodies or agencies that have ratified or given provisional ratification to the Earth Constitution.

9. Criteria

WEDO shall use the following criteria in evaluating projects:

9.1. Non-military and peaceful purposes.

9.2. Contribution to supplying or servicing genuine human needs.

9.3. Equitable distribution of benefits and remunerations.

9.4. Employment of people needing employment.

9.5. Utilization of available resources, manpower, brainpower, and technology.

9.6. Conservation and protection of the environment.

9.7. Utilization of renewable and non-polluting sources of energy.

9.8. Correction of the present imbalance between raw material producing and finished goods producing countries or areas.

9.9. Technology transfers to improve conditions in less developed countries or areas.

9.10. Decentralization as compared with excessive urbanization.

9.11. Democratic controls.

10. To begin

WEDO shall commence operations as soon as 10 countries have subscribed or as soon as provisional world government has created Earth credit or Earth Currency equivalent of (U.S. 1982) $200,000,000 (Approximately ө10 million). Provisional world government shall employ a secretariat and shall do preparatory work as soon as Provisional world government has created or obtained Earth credit or Earth Currency equivalent of (U.S. 1982) $50,000 (Approximately ө2500).

11. Parliamentary Commission

The continuation Steering Committee for the Provisional World Parliament shall appoint a WEDO Parliamentary Preparatory Commission with authorization to prepare further details for the organization and operation of WEDO, together with related financial institutions, and to bring any recommendations before the next session of the Provisional World Parliament. The Provisional Preparatory Commission must work consistent with and not in violation of the Earth Constitution.

Adopted as World Legislative Act Number Two at the first session of the Provisional World Parliament, meeting at Brighton, England, 12 September 1982. 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 Dos

ACTO A INAUGURAR

UNA ORGANIZACIÓN PARA

EL DESARROLLO ECONÓMICO MUNDIAL

MIENTRAS QUE,

El desarrollo económico para lograr condiciones de vida mejor es una preocupación primaria de la mayoría de la gente de la Tierra;

El desarrollo económico mundial adecuado y equitativo y sostenible es la otra mitad de la ecuación del desarme, puesto que el desarrollo económico adecuado puede proporcionar las condiciones requeridas para una sociedad pacífica mundial, y el desarme se requiere para aplicar los recursos para el desarrollo;

El mundo está en el borde de la crisis financiera extrema, de que afecta grandemente las vidas y los sustentos todos, requiriendo nuevos acercamientos a los procedimientos financieros que se diseñan para servir bienestar humano máximo;

Las condiciones del desarrollo económico también se relacionan con la protección del ambiente, de las fuentes de energía renovable, de la equidad humana, y de la democracia;

La Constitución terrestre autoriza al Parlamento Mundial y al Parlamento Mundial Provisional específicamente a proceder con una organización del desarrollo económico mundial, y las instituciones financieras relacionadas, conforme a la Constitución terrestre, específicamente conforme al artículo 19, a Sección B-5, y a Sección E-5 y 6, y al artículo 17, a Sección C-9 y a Sección C-10-e.

La inauguración mundial del programa provisional de desarrollo económico adecuado y eficaz del Parlamento Mundial Provisional podía apresurar la aceptación de la Constitución terrestre, y puede también proporcionar una llave a las sesiones subsecuentes del financiamiento del parlamento Mundial y asamblea constitutiva Mundial, así como la campaña para la ratificación de la Constitución terrestre.

POR LO TANTO esta primera sesión del Parlamento Mundial Provisional, convocada bajo artículo 19 de la Constitución terrestre adopta este acto para inaugurar una Organización del Desarrollo Económico Mundial (ODEM), junto con las instituciones financieras globales relacionadas y apropiadas, bajo las condiciones siguientes:

1. Alcance

ODEM es para administrar un programa mundial adecuado de desarrollo económico para resolver necesidades humanas pacíficas, con un presupuesto del desarrollo en la moneda de los créditos terrestres equivalente a por lo menos ө10 millones cada año (aproximadamente doscientos mil millones dólares Estados Unidos de Norteamérica, 1982) en un futuro muy cercano, aunque los primeros presupuestos anuales pueden ser menos.

Puesto que el desarrollo económico mundial adecuado y eficaz en términos de necesidades humanas pacíficas se puede realizar solamente en el contexto de la Federación Mundial no militar, ODEM se diseña como parte integral del proceso de la Federación Mundial. Por consiguiente, ODEM se organiza para servir solamente esos países quiénes ratifican o dan la ratificación provisional a la Constitución terrestre (artículo 19, Sección B-5, CFT).

2. Financiamiento

El Parlamento Mundial Provisional y los fondos de capital provisionales del gobierno Mundial para la operación de ODEM se buscarán de las fuentes siguientes, pero no limitada a estas:

2,1. Suscripciones a la Corporación de Fondos para la Federación Terrestre por países que participan, sobre la base que cualquier país puede permitirse hacer una apropiación o suscripción de hasta un cuarto de la cantidad que reduce simultáneamente de su presupuesto militar.

2,2. Las suscripciones de Corporación de Fondos para la Federación Terrestre de países -ricos de petróleo y de otros países con el presupuesto de sobra que puede tener excesos que deseen haber invertido en un programa de desarrollo económico mundial diseñado particularmente para lograr una orden justa económica mundial, de que permitirán a los países menos desarrollados realizar mayor equidad económica.

2,3. Depósitos por millares y eventual millones de gente que desea depositar su dinero con las instituciones financieras que se diseñan para responder exclusivamente a necesidades humanas pacíficas.

2,4. A su debido tiempo, desarrollo de bajo el potencial del financiamiento y procedimientos definidos en artículo 8, Sección G, párrafos (d), (e), (f) de la Constitución terrestre, que basa el financiamiento en capacidad productiva potencial de mercancías y los servicios, más bien que los ahorros, este siendo la llave al desarrollo de una orden mundial económica equitativa.

3. Actividades bancarias y crédito

Este acto establece un sistema planetario de las actividades bancarias y del crédito para recibir, para manejar, para crear y para desembolsar fondos y crédito, conjuntamente con ODEM, de acuerdo con el Artículo 8, sección G, de la Constitución terrestre. WEDO extenderá una línea del crédito igual a diez veces la cantidad de la suscripción a cada país que hace una suscripción a la Corporación de Fondos para la Federación Terrestre. WEDO hará adiciones a la línea del crédito inicial en base del potencial de la productividad de proyectos aprobados.

Una condición básica para la extensión del crédito financiero es la capacidad productiva potencial de cualquier proyecto

4. Junta Directiva

Una Junta Directiva que consiste en hasta 33 miembros, desarrollará y supervisará ODEM. Componen la Junta como sigue:

4,1. El Parlamento Mundial Provisional o el Parlamento Mundial elige a los 6 miembros a la Junta para los términos de 5 años.

4,2. Los primeros 21 países de que ratifican o que dan la ratificación provisional a la Constitución terrestre y haciendo una suscripción a la ODEM igual por lo menos a 25% de sus presupuestos militares pasados, o 2% del PIB señalan a hasta 20 miembros a la Junta (ser llamado los " miembros del suscriptor"), para servir términos de 3 años. Esta disposición puesta del sol sobre la terminación del primer término parlamentario completo después del comienzo de la etapa operativa completa del Gobierno Mundial según lo descrito por la Constitución terrestre (Artículo 17, de la Sección E. de CFT)

4,3. Las agencias del Complejo Integrativo nominarán a 7 miembros a la Junta, con un nombramiento de cada agencia (Artículo 8 de la CFT, para servir términos de 5 años.

La Junta Directiva reunirá cada tres meses, y elegirá a sus propios oficiales. Nadie servirá más de 3 términos consecutivos. El absoluto 2/3 mayoría de la balota de la Junta puede destituir por la causa a un miembro del Consejo. La fuente original del miembro del Consejo quitado elegirá o nominará a un nuevo miembro para llenar la vacante hasta el final del término respectivo.

5. Administración

La Junta Directiva definirá y seleccionará la administración para la ODEM.

6. Consejo de los Suscriptores

Cada país que ratifica o que da la ratificación provisional a la Constitución terrestre y que hace una suscripción a ODEM igual por lo menos a 25% su presupuesto militar o 2% de su PIB, o más, nombrará a un miembro al consejo de los suscriptores.

El consejo de los suscriptores elegirá los reemplazos de los miembros del suscriptor de la Junta Directiva, después de que se sirvan los primeros términos.

7. Consultores

ODEM puede establecer una lista de consultores en varios campos de la maestría, y puede conservar algunas exteriores agencias o las instituciones sobre una base el consultar.

ODEM en detalle utilizará los servicios de la agencia para la investigación y planeamiento, la agencia para el gravamen tecnológico y ambiental, y la Administración Financiera Mundial del Complejo Integrante, en la manera prevista conforme a la Constitución terrestre.

8. Proyectos

ODEM invita cada país que hace una suscripción a ODEM para someter los proyectos para la aprobación y el financiamiento.

Los estados, las comunidades, los distritos, las cooperativas, las corporaciones, las universidades y otros cuerpos o individuos para pueden también de someter los proyectos la aprobación y financiamiento por o con ODEM.

Además, ODEM preparará una lista de los proyectos que se parecen deseables, y puede invitar a la participación del público de agencias privadas que las lleve hacia fuera

ODEM considerará y asistirá solamente a los proyectos que se convertirán y realizados por o dentro de los países que han ratificado o dado ratificación provisional a la Constitución terrestre o por las comunidades, las corporaciones, las cooperativas, los estados, las universidades, u otros cuerpos o agencias que han ratificado o dado ratificación provisional a la Constitución terrestre.

9. Criterios

ODEM utilizará los criterios siguientes en proyectos de la evaluación:

9,1. Propósitos no militares y pacíficos.

9,2. Contribución a proveer o a mantener necesidades genuinas del ser humano.

9,3. Distribución equitativa de las ventajas y remuneraciones.

9,4. Empleo de la gente que necesita el empleo.

9,5. Utilización de recursos, de la mano de obra, de la capacidad intelectual, y de la tecnología disponibles.

9,6. Conservación y protección del ambiente.

9,7. Utilización de fuentes de la energía renovables y no-contaminantes.

9,8, Corrección del actual desequilibrio entre países que producen las materias primas y las áreas que producen las mercancías fabricadas.

9,9. Transferencias de tecnología para mejorar condiciones en países o áreas menos desarrollados.

9,10. Descentralización con respecto a la urbanización excesiva.

9,11. Controles democráticos.

10. Para comenzar

ODEM comenzará operaciones tan pronto como 10 países hayan suscrito o tan pronto como el Gobierno Mundial Provisional ha creado crédito terrestre o equivalente de la moneda terrestre de ө10 millones (aproximadamente $200.000.000 Estados Unidos de Norteamérica. 1982). El Gobierno Mundial Provisional empleará una secretaría y hacer el trabajo preparatorio tan pronto como el Gobierno Mundial Provisional haya creado crédito terrestre o obtenido equivalente de la moneda terrestre de ө2500 (aproximadamente $50.000 Estados Unidos de Norteamérica, 1982)

11. Comisión Parlamentaria

El Comité Directiva de la Continuación para el Parlamento Mundial Provisional designará un Comisión preparatoria parlamentaria de ODEM con la autorización de preparar otros detalles de la organización y operación de ODEM, junto con las instituciones financieras relacionadas, y de traer cualquier recomendación antes de las sesiones siguientes del Parlamento Mundial Provisional. La Comisión preparatoria provisional debe trabajar constante conforme a y no en violación de la Constitución terrestre.

* * * * * * * * * *

Adoptado como Acto Legislativo Mundial número Dos en la primera sesión del Parlamento Mundial Provisional, reunido en Brighton, Inglaterra, el 12 de septiembre de 1982. Enmendado en la sexta sesión del Parlamento Mundial Provisional, reunido en Bangkok, Tailandia, diciembre 2003. Enmiendas del formato adoptadas en la octava sesión del Parlamento, Lucknow, la India, agosto 2004.

 

 


 

World Legislative Act Number Three

ACT FOR THE OWNERSHIP, ADMINISTRATION AND DEVELOPMENT OF THE OCEANS AND SEABEDS OF EARTH AS THE COMMON HERITAGE OF THE PEOPLE OF EARTH

WHEREAS,

Under Article 16, Section A - (a), of the Earth Constitution, all oceans and seabeds from 20 km. offshore are defined as World Territory;

Several provisions of the recently ratified Law of the Seas treaty among nations are contrary to and in violation of important provisions of Article 16 of the Earth Constitution;

The peace and security of Earth, as well as the environmental health and equitable economic development of Earth, depend in large measure upon the conditions of ownership, administration and development of the oceans and seabeds;

It is essential for actions to be taken in line with Article 16, as well as Article 4, Section 23, before undesirable and difficult obstructions are established to the contrary.

THEREFORE,

1. This first session of the Provisional World Parliament, convened pursuant to Article 19 of the Earth Constitution, gives notice to all nations and to all people of Earth that the oceans and seabeds from 20 km. offshore from all countries are the Common Heritage of the People of Earth, and are World Territory. The Earth Federation owns, administers and develops all oceans and seabeds as World Territory for the maximum benefit of Humanity.

2. The development and exploitation of ocean resources beyond 20 km. offshore is under the jurisdiction, supervision and administration of a World Oceans and Seabeds Authority (WOSA) that the World Parliament or Provisional World Parliament establishes, responsible to the World Government under the Earth Constitution.

3. Any claims by any nation to any Exclusive Economic Zones or to any ownership of oceans or seabeds or the resources thereof beyond 20 km. offshore, are invalid and contrary to the Principle of the Common Heritage of the People of Earth. The Earth Federation does not recognize claims to exclusive economic zones.

4. The Commission for Legislative Review or a World Oceans and Seabeds Commission shall study the Law of the Seas Convention to determine provisions that are in violation of the principle of the oceans and seabeds as the common heritage of humanity, or which provisions are unconstitutional or in violation of world legislation, to integrate the previous body of International Law within World Law. Unconstitutional provisions of the Law of the Sea, or provisions in violation of world law, are not binding in World Court.

5. The World Oceans and Seabeds Authority shall manage, supervise, directly operate or require world licensing for all development of the mineral, oil, food and other resources of the oceans and seabeds from 20 km. offshore, to insure that all ocean and seabed development inure to the primary benefit of humanity as a whole, rather than to any special or private or national interest.

6. In some provisions, the Law of the Sea convention violates the principle of the oceans and seabeds as the common heritage of humanity. Specifically, some provisions of the Law of the Sea convention violate World Legislative Acts Numbers 1, 12 and 13 wherein weapons of mass destruction, such as military submarines, warships, military aircraft carriers, nuclear weapons, fissionable materials, are prohibited from the oceans and seabeds, as well as elsewhere. WMDs, including conveyances of WMDs, are prohibited from transit on or within the oceans (class 1 felony).

7. The World Oceans and Seabeds Authority (WOSA) shall develop licensing requirements and require world licenses to be obtained by any shipping company, oil tanker company, fishing company and other companies before using the oceans from 20 km. offshore, including both private and nationally owned companies. To facilitate this licensing system, the WOSA may adopt regulations of the International Seabed Authority and the Law of the Sea that are not inconsistent with the Earth Constitution and world legislation.

8. This first session of the Provisional World Parliament hereby creates a World Oceans and Seabeds Commission (WOSC) which shall work to prepare the details for a World Oceans and Seabeds Authority, consistent with the terms of this Act and with the provisions of the Earth Constitution. The WOSC shall report back to the subsequent sessions of the Provisional World Parliament with specific recommendations, particularly regarding conditional adoption of the Law of the Sea as world legislation, with repeal of unconstitutional provisions or provisions that violate World Law. WOSC shall make recommendations consistent with the Earth Constitution. To assist the integration of the Law of the Sea within world legislation, the recommendations shall include a listing of recommended repeal of original Law of the Sea provisions that are inconsistent with the Earth Constitution or in violation of world legislation. The Steering Committee of the Provisional World Parliament shall appoint five members to compose WOSC. The WOSC has authority to co-opt additional members and consultants

Adopted as World Legislative Act Number Three at the first session of the Provisional World Parliament, meeting at Brighton, England, 12 September 1982. 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.

 


 

World Legislative Act Number 4

ACT FOR INAUGURATING

A WORLD UNIVERSITY SYSTEM
WITH A GRADUATE SCHOOL OF WORLD PROBLEMS

 

WHEREAS, one of the powers given to World Government under the Earth Constitution is to "develop a world university system," (Article 4, paragraph 35);

Whereas, there is a great and immediate need for persons who are trained and competent to work on world problems from a global and human point of view;

Whereas, it is within the realm of feasibility for the Provisional World Parliament to inaugurate a Graduate School of World Problems as a first part of a World University System;

THEREFORE, this first session of the Provisional World Parliament meeting in September, 1982, does hereby grant the Charter for a Graduate School of World Problems as a first part of a World University System, under the following conditions:

1. Purposes

To prepare individuals to work on peaceful solutions to all kinds of world problems from a global and human point of view;

To prepare competent personnel to staff the emerging and developing agencies of democratic world government, as well as personnel with a global orientation to staff corresponding agencies of national governments, and to staff transnational corporations and independent agencies, as well as to work independently;

To prepare individuals to complete the design and implementation adequately, professionally and with vision the various departments, agencies, bureaus, etc. of the world government, as defined in the Earth Constitution;

To prepare individuals to become competent global statesmen and stateswomen, who will be particularly well qualified to hold public office;

To provide a central campus for studies, research, training and other activities appropriate to the above defined purposes, with schools at branch campuses later;

To attract and assemble together both faculty and students who are qualified and committed to the studies, research, preparations and activities necessary for accomplishing the above purposes;

To provide the library, laboratories, research and other facilities needed for a Graduate School dedicated to the above purposes;

To assemble all current information and studies about world problems, as well as to foster new studies and research;

To engage consultants and visiting professors and resource persons in addition to a resident faculty;

To provide a favorable environment for both informal and formal associations and extra-curricular activities which students and faculty dedicated to the above purposes may wish to pursue;

To include programs for graduate students who may pursue off-campus studies and work in connection with the courses of study and preparation offered by the Graduate School;

To arrange and schedule work and employment opportunities along with academic studies as part of the educational program of the School.

2. Incorporation

For purposes of receiving tax deductible contributions, the Graduate School of World Problems the Parliamentary Members of the Board of Trustees shall incorporate the School under favorable national and state laws, in addition to the Charter granted by the Provisional World Parliament.

3. Board of Trustees

The School has a Board of Trustees consisting of nineteen members, selected as follows:

3.1 The World Parliament or Provisional World Parliament shall elect six of the Trustees for five year terms;

3.2 The Faculty of the School shall elect four of the Trustees for three year terms;

3.3 The Students of the School shall elect four of the Trustees for three year terms;

3.4 The agencies of the Integrative Complex of the World Government (when formed) shall nominate five of the Trustees for five year terms.

The Board of Trustees shall employ the administration for the School and oversee the entire functioning of the School. The Board of Trustees shall elect its own Chairperson and other officers.

The Board of Trustees shall meet at least twice a year.

4. Chancellor

A Chancellor shall head the Administration of the School. The Board of Trustees shall elect the Chancellor, who is responsible to the Board of Trustees.

5. Advisory Council

The School has an Advisory Council consisting of neither less than 24 nor more than 48 members. The Board of Trustees shall nominate one-fourth of the members of the Advisory Council, the faculty of the School shall nominate one-fourth, the students of the School shall nominate one-fourth, and the agencies of the Integrative Complex of the World Government shall nominate one-fourth. The Advisory Council shall compose to represent all parts of Earth.

6. Location

The location for the primary campus of the School is Radford, Virginia, U.S.A. The Institute of Mundialist Studies in France may be or maintain a campus. City Montessori School, Lucknow, India, may be or may maintain a campus. The Ensophion of Humanity in Kalamata, Greece may be or may maintain a campus. World Government Institutes (separate entities) in Japan and in USA may be or may maintain campuses. Kara, Togo; Toronto, Canada; Colombo, Sri Lanka or Clarkesville, Georgia, USA, may be locations for campuses of the School.

The Board of Trustees shall decide other location for other campuses.

7. Withdrawal of local charters

The Board of Trustees may withdraw the charters for operation in locations where local administrators operate in violate of world legislation or the Earth Constitution, or in a manner obstructive to the Broad Functions of the Earth Federation, as determined by the Board of Trustees, and as defined in Article 1 of the Earth Constitution.

8. Budget and finances

The Chancellor shall prepare annual budgets for the operation of the School, together with annual financial campaigns. To begin the School, those Trustees who are elected by the Provisional World Parliament shall prepare the initial budget and finance campaign.

The Board of Trustees and the Administration, shall work together to develop and obtain sources of financing for the School from the following sources, among others:

8.1 The Earth Federation Funding Corporation (EFFC) shall finance the School from generated subscriptions; The Board of Trustees and the Administration of the School shall encourage sponsorship through subscriptions to the Earth Federation Funding Corporation. However, EFFC subscriptions are not an exclusive source;

8.2 Pledges and subscriptions from any institution, agency, corporation, public body or individual who or that may benefit from the studies and projects developed at the School and/or may want to employ graduates of the School;

8.3 Appropriations by the World Parliament, and also appropriations by national parliaments as well as by states and communities;

8.4 Solicitation of contributions from the informed section of the general public which can appreciate the purposes and potential of the School and of a World University System;

8.5 Scholarships provided by individuals, trusts, foundations, corporations, etc., interested in studies, research and work on world problems;

8.6 Living trusts, bequests, and every other kind of gift;

8.7 Income from the operation of economically viable projects initiated by the School;

8.8 Tuition fees.

9. Responsibility

The Board of Trustees of the School is responsible to the Provisional World Parliament or World Parliament until a more complete World University System is established, and thereupon is responsible to the over-all administration of the World University System.

10. Further details

The Board of Trustees and the Administration of the School shall develop and refine further details for the School by working in collaboration, but subject to final approval by the Board of Trustees and otherwise consistent with the provisions of this Act.

Adopted as World Legislative Act Number Four at the first session of the Provisional World Parliament, meeting at Brighton, England, 12 September 1982. 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.

 


 

World Legislative Act Number 5

WORLD COURT ACT

 

ACT FOR THE ESTABLISHMENT OF PROVISIONAL DISTRICT WORLD COURTS AND PROVISIONAL REGIONAL WORLD COURTS OF THE WORLD SUPREME COURT SYSTEM, in accordance with Article 19, Sec. E-2, and with Article 4, of the Constitution for the Federation of Earth, hereinafter referred to as "Earth Constitution."

WHEREAS, the escalation and proliferation of nuclear weapons has reached a level endangering the viability of the entire world by threatening to cause the immediate extinction of all persons and living things on the planet, or at the least such destruction as to set civilization back for hundreds or thousands of years;

WHEREAS, there is an urgent need to establish courts of proper jurisdiction to hear any cases properly brought before the courts regarding issues relating to research, testing, design, production, transportation, deployment, purchase, sale, storage, threatened use or actual use of any nuclear weapons of any size in any delivery system below or above the surface of the Earth, the oceans, or anywhere in the atmosphere or outer space;

WHEREAS, international law and world law and Article 4, Sections 1, 2, 34, 39 and 40 of the Earth Constitution, together with Legislative Act Number One outlawing nuclear weapons and other weapons of mass destruction that has been adopted by the Provisional World Parliament in its First Session, now compromise a body of world law appropriate for adjudication and enforcement under a world court system;

WHEREAS, while issues involving the threat of nuclear destruction or extermination present the primary and most urgent need for legal means to deal with such problems in a global context, at the same time many other urgent and crisis type world problems also require the early establishment of world courts of appropriate jurisdiction as avenues for adjudication and enforcement;

WHEREAS, the Earth Constitution under Article 9 does provide for a World Supreme Court together with eight or more defined benches, together with a Superior Tribunal and such related World Regional Courts and World District Courts as may be found necessary; and further provides under Article 19, Sec. E-2, for the Provisional World Parliament to proceed with all actions it considers appropriate and feasible in accordance with the Earth Constitution;

NOW THEREFORE, it is hereby enacted in accordance with these Articles and Sections of the Earth Constitution named above, the following:

1. A Provisional District World Court (hereinafter PDWC) is established in Los Angeles, California, U.S.A., and a PDWC is also established in New York City, New York, U.S.A. As needed and as possible, additional Provisional District World Courts may be established in London, England, Paris, France, Tokyo, Japan, New Delhi, India, Lucknow, India, The Hague, The Netherlands, and in other appropriate locations in any part of the world.

2. These PDWCs shall operate under the Earth Constitution which was completed and adopted in Austria in 1977, and amended in Troia, Portugal in 1991. The PDWCs shall utilize as their Rules the Rules presently in force in the highest courts of the host country or countries, except when such high court Rules are in contradiction with said Earth Constitution or of subsequent resolutions or legislation of the Provisional World Parliament or World Parliament or the World Supreme Court established under the Earth Constitution. World Legislative Act Number 24, for Rules of Procedure and Evidence, comprise subsequent legislation.

3. This Act establishes the first Provisional Regional World Court (hereinafter PRWC) in Los Angeles, California, U.S.A. The Provisional World Parliament, or the World Supreme Court or Provisional World Supreme Court, when constituted, may establish additional PRWCs in countries and cities, as needed. The Rules of said PRWCs are the same as for the Rules presently in force in the highest courts of the host country or countries, except as similarly noted under Section II of this Act.

4. World Citizens may take appeals from any judgment of any PDWC or from any judgment of any PRWC, directly to the appropriate Bench of the World Supreme Court or Provisional World Supreme Court or to the Superior Tribunal of the World Supreme Court, all as provided under Article 9 of the Earth Constitution.

5. It is not necessary for an appeal from a PDWC to be taken first to a PRWC before being taken to the World Supreme Court or Provisional World Supreme Court or to the Superior Tribunal of the World Supreme Court. It is not necessary for any case or action to arise first in a District World Court or PDWC or Regional World Court or PRWC before being taken to a Bench of the World Supreme Court, as district or regional origin and progression is not mandated under the Earth Constitution.

6. The Primary seat of the Provisional World Supreme Court will be located in the Primary World Capital, as provided in Article 9, Section C of the Earth Constitution. If the Primary World Capital is not established prior to an appeal to the World Supreme Court or Provisional World Supreme Court, the Provisional World Supreme Court will be located in Los Angeles, California, U.S.A.

7. The judgments of all said courts have full force under World Law and International Law, have complete stare decisis effect and are res judicata in World Law and International Law on all issues adjudicated. Virtue of said force and effect shall enforce world court judgments. The World Court shall deem any violation of said judgments a violation of World Law and International Law. In every respect these world courts are empowered to fully function under the Earth Constitution.

8. The World Court shall make Service of Process by first class mail on any defendant or legal representative thereof in the host country or countries of the particular Court or Bench of the World Supreme Court. The World Court shall also make diligent efforts to give hand delivered or telephone notice of Process. For the purpose of serving Process, defendants may be any national, local, regional, state, provincial or other government, or any individual, corporation, association, university or other legally recognized entity. The World Court may serve Process on any embassy, consulate, department of state, foreign office or other responsible governmental department of any country.

9. The terms or periods of these said Provisional Courts are from the date of adoption of this Act by the Provisional World Parliament, and continuing until further resolution or direction by the Provisional World Parliament or World Parliament, or until the complete World Court system is established pursuant to Article 9 of the Earth Constitution.

10. Three Judges who are attorneys-at-law under the laws of the host country or countries, and who have at least five years of legal or juristic experience, minimum age of twenty-five years, evident competence in concepts of world jurisprudence, and commitment to upholding the Earth Constitution shall preside over each PDWC and each PRWC.

11. The Courts provided herein have the power to adopt local Rules consistent with the aforesaid high court rules and with the Earth Constitution, and with the other provisions specified in Section II of this Act.

12. For the purposes of implementing this Act, the Provisional World Parliament establishes a Standing Parliamentary Commission, of five M.P.'s of the Provisional World Parliament having legal training and experience or evident global legal competence, together with a member of the legal profession in California, U.S.A., all members of the Commission to be fully committed to carrying out the provisions of this Act. The six original members of this Standing Parliamentary Commission on World Courts may co-opt an additional five members, and have full authority to implement the provisions of this Act without further permission or directives from the Provisional World Parliament, except in matters that are specifically reserved for decisions by the Provisional World Parliament and to further legislation that the Parliament may enact. The said standing commission must further at all times carry on its work in ways not contrary to the provisions of the Earth Constitution.

Adopted as World Legislative Act Number Five at the first session of the Provisional World Parliament, meeting at Brighton, England, 16 September 1982. Formatting amendments adopted at eighth session of Parliament, Lucknow, India, August 2004.

 


 

World Legislative Act Number 6

EMERGENCY EARTH RESCUE ADMINISTRATION

 

Whereas:

The people of Earth have a new common enemy, which requires an emergency world-wide campaign in which both East and West, North and South, must abandon armaments and join in common cause for survival.

The new Common Enemy is the rapidly accelerating increase of carbon di-oxide (CO2) in the atmosphere, which is already resulting in cataclysmic climatic changes.

The climatic and resulting catastrophes, which could become irreversible within a decade unless the "greenhouse syndrome" of accumulating CO2 is reversed, include:

Widespread drought, which is likely to continue relentlessly year after year, and to devastate more and more countries;

Rapidly spreading deserts and forest die-outs;

Many erratic weather extremes, together with high winds and forest fires, all serving to make agriculture, food production and living conditions difficult;

Repeated crop failures in the temperate zone "bread baskets" of the world;

Massive starvation for hundreds of millions of people, beginning in the poorer countries, but spreading to the developed countries as food supplies run low;

Excessive evaporation from oceans in the lower latitudes, then drawn by air currents to higher latitudes where precipitation as snowfall will increase under continuous cloud cover, thus resulting in accumulations which will turn to ice;

The unexpectedly rapid onset of a new ice age;

Vast areas become uninhabitable, leading to attempted mass migrations of people, but nowhere to go;

Soon the pressure of growing ice fields on Earth will result in increasing volcanic eruptions at release points spewing great quantities of CO2 into the atmosphere, and pushing the whole process beyond the point of no return.

SEVERAL CONCURRENT REASONS FOR THE RAPID INCREASE OF CO2 IN THE ATMOSPHERE INCLUDE:

Rapid de-forestation, due to over-cutting for fuel, lumber, and conversion of forest land to the raising of cattle for beef, particularly in the tropics and sub-tropics where vigorous forest growth is particularly critical to hold the CO2 in dynamic balance;

Weak and un-healthy forest growth, resulting from general soil-demineralization worldwide, together with acid rain and other pollutants. Healthy forest and tree growth is necessary to keep the balance of CO2 in the atmosphere, because trees take in CO2 and store carbon in the process of growth.

Burning of fossil fuels, both coal and oil, which releases stored carbon in CO2 form.

General loss of top soil and soil fertility, leading to generally less healthy plant growth, which is then unable to use up as much CO2.

Heavy meat eating diets, which are increasing as affluence spreads, which puts economic pressure for conversion of forest lands to cattle raising and other meat production.

We recognize that present day civilizations have developed during an inter-glacial period of little more than 10,000 years, and that another ice age might ordinarily be expected to recur from natural causes, as in the past history of the Earth. In the present circumstances, however, the actions of people are hastening the advent of another glacial period. At the same time, it may be equally possible for people to prevent a new ice age from overwhelming civilization by taking appropriate corrective steps now to restore a dynamic balance.

THEREFORE:

1. AN EMERGENCY EARTH RESCUE ADMINISTRATION IS HEREBY CREATED.

2. THE EMERGENCY EARTH RESCUE ADMINISTRATION (EERA) shall carry out a coordinated worldwide emergency campaign on several major fronts concurrently, in order to overcome the increase of CO2 before climatic and geological changes become irreversible:

3. FIRST FRONT: MASSIVE REFORESTATION. The Emergency Earth Rescue Administration shall do the following:

3.1. Make an inventory of all areas in the world suitable for reforestation and tree plantings to re-capture maximum net amounts of CO2. Give special attention to soil mineral content and other particular requirements of each area.

3.2. Select areas to begin re-forestation and tree plantations, where the fastest growth and maximum retrieval of CO2 may be accomplished in the shortest possible time. For this purpose, particular attention may be given to tropical and sub-tropical areas, providing water is available.**Note: If CO2 accumulations continue too long, causing protracted drought and desert conditions, the affected areas may then become difficult or impossible to reforest from lack of water and rain.

3.3. Select a variety of trees suitable for re-forestation and tree plantations for various areas, taking into consideration rapidity of growth, net CO2 recovery, water requirements, fruit and nut crop production, usable timber crops.

3.4. Establish and expand nurseries to expedite growth of many billions of trees for re-planting.

3.5. Proceed with re-forestation and tree plantings on as much available land as possible, including de-forested lands, publicly owned land, roadside strips, wind-break strips, continuously renewable tree crop areas, tree crops to produce food and wood products.

3.6. For the work of re-forestation and tree plantings, employ the unemployed wherever possible, particularly the unemployed of less developed countries as well as the unemployed everywhere and also people who may be displaced during the transition away from fossil fuels.

4. SECOND FRONT:

4.1. MASSIVE RE-MINERALIZATION OF FOREST LANDS AND CROP LANDS, since the mineral content of the soil is most important for healthy, vigorous growth, able to re-incorporate the carbon content in trees and plants, and also for truly nutritious food crops.

4.1.1. Determine mineral mixes in powdered rock form best suited for healthy tree and plant growth in various areas. E.g., combinations of lava flow, glacial deposits and limestone.

4.1.2. Contract with or establish quarries and rock or gravel grinding operations in locations around the world, to provide hundreds of millions of tons of appropriate mineral mixes ready for application.

4.1.3. Select areas to begin re-mineralization operations, particularly areas to be reforested and planted in tree crops, and areas where forests are dying or weakened from de-mineralized soils, acid rain and other pollutants.

4.1.4. For re-mineralization on a mass scale, equip thousands of airplanes to carry out the remineralization in a manner similar to crop dusting. If possible, convert available military aircraft for this emergency campaign.

4.1.5. Continue until all forest lands, tree crop areas and crop lands are re-mineralized, which in addition to maximizing vigorous tree growth will also result in more nutritious fruit and nut crops and more nutritious agricultural products generally.

4.2. MASSIVE MINERALIZATION AND REMINERALIZATION IN SELECTED AREAS OF THE OCEANS OF EARTH, AND IN MAN-MADE LAKES:

Considering that the phytoplankton in the oceans shares with the rain forests and other forest on land in the natural process of recycling the carbon dioxide and oxygen of the atmosphere and in keeping nature's balance especially during an inter-glacial period, and may account for 50% or more of the recycling and storage of carbon dioxide;

Considering that the phytoplankton are in grave danger of depletion by reason of ultraviolet radiation resulting from ozone depletion, yet at the same time under favorable nutritive conditions can grow and multiply many times more rapidly than forests for purposes of recapturing the excess carbon dioxide now in the atmosphere;

And recognizing that recent research and living scientific demonstrations have proven the great potential for stimulating rapid phytoplankton growth and multiplication by mineral fertilization, particularly by iron solutions where experiments in oceans have demonstrated rapid increase in phytoplankton from twelve times to eighty times the normal rate;

4.2.1. The Emergency Earth Rescue Administration (EERA) shall accomplish mineralization of phytoplankton by properly prepared iron solutions on a very massive scale in those parts of the oceans best suited for the recapture of the excess atmospheric carbon dioxide, e.g., in a wide belt around the earth of the trade-winds zones, and a wide belt around the Earth north of Antarctica, and in other selected areas. This can be done immediately, without waiting for the slow growth and re-growth of forests, or by the agreement of nations now controlling forest areas, and therefore the EERA shall expedite by giving mineralization of oceans top priority. For this purpose, EERA shall recruit qualified scientific and technical persons who are not timid about going ahead with this action as a top priority.

4.2.2. The Emergency Earth Rescue Administration shall research the efficacy and environmental impact of the creation of extensive artificial lakes in temperate or semi-arid locations where water is available, to grow forms of algae on a massive scale. If the EERA determines efficacy, EERA will implement the creation of artificial lakes. The EERA shall administrate, supervise or regulate the care of these lakes, which can then be harvested for soil amendment or with some species used for valuable human food supplementation.

5. THIRD FRONT: EXPEDITE THE TRANSITION FROM FOSSIL FUELS TO SAFE AND SUSTAINABLE ENERGY SUPPLIES AND TECHNOLOGY The goal is to achieve a 50% to 90% reduction in use of coal and oil as energy sources within six to ten years. The Emergency Earth Rescue Administration shall do the following:

5.1. Initiate, or help initiate, and coordinate a global crash program of research and development for alternative sources of energy that are both safe and sustainable.

5.2. Attend particularly to the potential and technologies for solar and hydrogen power and energy.

5.3. Expedite the transition both for heating and cooling purposes, for industrial and commercial power, for conversion to electricity, and for transportation.

5.5. Collaborate with other agencies working towards the same ends, particularly under the terms of other world legislation concerning world energy supplies and technologies.

6. FOURTH FRONT: PUBLICITY. To mobilize worldwide public support and cooperation in this emergency campaign, the EERA shall carry out an extensive global program of publicity, information, education and advertising.

7. ON ALL FRONTS, encourage, foster and coordinate the participation of all concerned agencies, both public and private, both local, regional, national and international, in this common campaign for re-forestation, re-mineralization, and the transition to safe and sustainable energy supplies.

8. This Act does not limit the fronts of the emergency campaign to those defined herein, and other fronts may be defined and developed by the Administration of the EERA.

9. The following sources shall create and compose A BOARD OF TRUSTEES of up to 200 members, serving terms of five years, to direct and administer the EERA, within the framework and specifications of this World Legislation:

9.1. The Provisional World Parliament or the Provisional World Cabinet to be created by the Provisional World Parliament shall elect or appoint 20% of the members;

9.2. The national governments or national legislatures that ratify the Earth Constitution shall designate 30% of the members. The first 10 ratifying countries shall name ten members, the next 20 ratifiers shall name ten members, the next 30 shall name ten members, and the remaining countries shall name 10 members. Until such ratifications have been accomplished the Provisional World Parliament or Provisional World Cabinet may appoint parliamentary or governmental leaders from various countries to serve on a temporary basis until members are duly named by the ratifying countries;

9.3. Sub-national governmental entities that ratify this world legislation including states, provinces, cities, local and regional authorities shall elect or appoint 25% of the members;

9.4. Organizations and corporations that ratify the Earth Constitution shall elect 25% of the members.

9.5. The Provisional World Parliament or the Provisional World Cabinet shall designate three Co-Chairpersons for the Board of Trustees from three different continents, and shall designate an Executive Director and five Regional Directors, all of whom shall serve ex-officio with vote on the Board of Trustees. Each Trustee shall have one vote and only one vote, and there is no proxy voting.

9.6. The Board of Trustees for EERA shall do whatever is necessary to implement this world legislation as expeditiously as legal in conformance with world legislation and the Earth Constitution. The Board of Trustees shall establish its own rules of procedure and operating structure within the framework and terms of this World Legislation.

9.7. The Board of Trustees is responsible to the Provisional World Parliament and Provisional World Cabinet, and in due course to the World Government established under a ratified Earth Constitution. The Board of Trustees shall make annual reports together with interim reports as necessary.

10. The Board of Trustees shall elect an EARTH RESCUE EXECUTIVE COUNCIL (EREC) of 21-33 members to manage the daily operations of EERA between meetings of the full Board of Trustees. Included ex-officio on the EREC are the three Co-Chairpersons and the Executive Director. The EREC is responsible for preparing the operating budgets for EERA, subject to approval by the Board of Trustees. EREC shall employ all necessary key personnel.

11. FUNDING: In separate world legislation, the Provisional World Parliament shall determine the values for equity salaries that are payable in Earth credits or Earth currency. Since the task of EERA is similar in nature to a war for which all available resources are mobilized and given priority, the Earth Federation Funding Corporation shall fund EERA in similar proportions, amounting to an Earth credit or Earth currency equivalent of three million annual equity salaries per year, or more. Sources of funding shall include:

11.1. Appropriations by those national governments which ratify this world legislation for EERA. Appropriations requested from national governments for EERA are 20% of the amounts currently being spent for military purposes.

11.2. This Act directs national governments to cancel military contracts for weapons of mass destruction, and to transfer unspent funds through the Earth Federation Funding Corporation to the Emergency Earth Rescue Administration, as well as to other useful peacetime projects for world economic development and to serve human needs in accordance with World Legislative Act Number Two of the first session of the Provisional World Parliament, and World Legislative Act Number 7 of this second session of the Provisional World Parliament.

11.3. Appropriations and contributions from sub-national political entities, communities, corporations, organizations and individuals, through the Earth Federation Funding Corporation.

11.4. Sale of EARTH BONDS, if other sources of funding do not prove adequate. The Earth Constitution (Article 17, Section F.), requires the World Government to redeem priority contribution Earth Bonds for individuals at double the original value after the commencement of the first operative stage of world government. World Legislative Act Number 7, for the Earth Federation Funding Corporation, adopted at the Second Session of the Provisional World Parliament, provides the procedures for the sale and redemption of Earth Bonds.

12. ORIGINAL EXECUTIVE COMMITTEE: To begin and expedite the EERA, the Provisional World Parliament or the Provisional World Cabinet shall appoint an Original Executive Committee (OEC), to be composed of from 5 to 21 members. The Second Session of the Provisional World Parliament shall appoint first 5 members of the OEC. The first 5 OEC members may then co-opt additional members. The OEC includes at least one Co-Chairperson and the Executive Director for EERA. The OEC shall begin immediately to initiate all activities of EERA, and to implement all provisions of this World Legislation. As soon as a permanent EREC is elected by the Board of Trustees, the EREC shall replace the OEC, which may include members of OEC. Until replaced by the EREC, the OEC is responsible to the Provisional World Parliament through the standing Parliamentary Commission for EERA.

13. GLOBAL RESCUE TEAM: As soon as the OEC obtains funding equivalent to at least two equity salaries, or sooner if feasible, the OEC shall recruit, employ and dispatch Global Rescue Teams of two or three persons each, to travel to as many countries as possible for the purposes of obtaining ratification of the Earth Constitution for the Emergency Earth Rescue Administration, together with funding and other participation in expediting the work and objectives of EERA. The Global Rescue Teams shall seek ratification by national parliaments and national governments, by communities, states and other sub-national political entities, and by corporations and other organizations.

14. STANDING PARLIAMENTARY COMMISSION FOR EERA. The Provisional World Parliament shall elect a standing Parliamentary Commission for EERA of 9 members , to serve as liaison between the EERA and the Provisional World Parliament, for the purpose of ensuring that the provisions of this World Legislation are carried out. The Standing Parliamentary Commission for EERA shall appoint the OEC if the OEC is not otherwise composed within six weeks after the adoption of this World Legislation. The OEC may include members of the Standing Parliamentary Commission for EERA.

BENEFITS OF THE EMERGENCY EARTH RESCUE ADMINISTRATION PLAN

Partial List

1. ACHIEVES CONDITIONS FOR AGRICULTURAL STABILITY:

Because EERA overcomes disastrous climatic changes resulting from excess CO2 in the atmosphere,

and carries forward a massive re-mineralization /fertilization campaign.

2. PREVENTS IMPENDING STARVATION OF SEVERAL BILLION INHABITANTS OF EARTH:

Because EERA reverses and brings CO2 accumulation under control, and thus overcomes climatic changes now threatening humanity with massive starvation.

3. ENDS EXTREME AND SPREADING CONDITIONS OF DROUGHT:

Because EERA brings over-heating of atmosphere (because of excess CO2) under control.

4. HELPS SOLVE CONTINUING WORLD FOOD SUPPLY PROBLEM:

Because EERA improves agricultural production worldwide.

5. REVERSES DESTRUCTION OF EARTH'S FORESTED AREAS:

Because EERA carries forward massive reforestation campaign, together with re-mineralization of forest lands for healthy forest growth.

6. SAVES AND RESTORES TROPICAL RAIN FORESTS:

Because reforestation of fast growing healthy rain forests is essential part of EERA campaign for reforestation to recapture excess CO2.

7. OVERCOMES DESTRUCTION OF FORESTS BY ACID RAIN:

Because EERA requires quick phase-out of fossil fuels, and EERA re-mineralization program overcomes the extreme acid condition of forest soils damaged by acid rain.

8. SOLVES WORLD ENERGY SUPPLY PROBLEM:

Because EERA requires global emergency program to develop efficient non-polluting sustainable energy supplies, particularly solar energy and hydrogen energy, in order to phase-out burning of fossil fuels.

9. HELPS SOLVE SOIL EROSION PROBLEM:

Because EERA plants billions of trees that hold soil on hills, and restores soil fertility on all crop lands, which means humus building conditions which retain water.

10. HELPS TO SOLVE WATER SUPPLY PROBLEM:

Because EERA campaigns result in controlling water runoff and improve water purity.

11. SOLVES PROBLEM OF BAD FLOODS:

Because EERA tree planting and re-mineralization to promote healthy tree and crop growth reduce rapid water runoff during heavy rains.

12. SOLVES PROBLEM OF RAPID RESERVOIR SILTATION:

Because EERA prevents rapid water runoff together with rapid erosion, thus making dams useful for longer periods of time.

13. SAVES OCEANS FROM DYING:

Because EERA requires rapid end to off-shore oil wells, rapid phase-out of super tankers for oil transport, greatly reduces pollution from burning of fossil fuels, and substitutes re-mineralization plus humus for agricultural fertility instead of too much inorganic nitrates and phosphates which quickly leach into streams and rivers and then into oceans, upsetting plankton growth.

14. SAVES THE EARTH'S OXYGEN SUPPLY:

Because EERA prevents death of the oceans, which recycle 60 to 80 percent of Earth's oxygen supply, and improves healthy forest and plant life on land, which recycles the rest of Earth's oxygen supply.

15. IMPROVES WORLD FOOD SUPPLY THROUGH SUSTAINABLE OCEAN FISHERIES:

Because EERA keeps the oceans healthy, especially the most useable areas near shore.

16. IMPROVES WORLD FOOD SUPPLY THROUGH NUT AND FRUIT CROPS:

Because EERA requires planting of more trees for nut, fruit and other crops wherever possible, e.g., tree crop plantations; roadside, fence row, and backyard trees, with emphasis on trees which produce valuable crops for human use, not only the recapture of CO2.

17. ASSURES LASTING SUPPLIES OF TIMBER FOR WOOD PRODUCTS, ETC:

Because EERA requires sustained use planning and planting of all forests in the world, and attention to fast growing trees which can be used for wood products, etc.

18. REDUCES USE OF PESTICIDES WHICH ARE HARMFUL TO PEOPLE:

Because EERA requires massive re-mineralization (with humus where possible) on all forest lands, tree crop areas, agricultural and pasture lands, so that healthy mineralized growth resists pests and infestations, as well as fungus type and other maladies.

19. SAVES VALUABLE MULTIPLICITY OF PLANT AND ANIMAL SPECIES:

Because EERA saves the rain forests and promotes healthy growth of forests everywhere.

20. IMPROVES QUALITY OF FOOD SUPPLY FOR GOOD NUTRITION:

Because remineralization of all agricultural and tree-crop lands, required by EERA, means the production of more nutritious and better tasting food.

21. GREATLY REDUCES KILLING OF FORESTS BY INSECT INFESTATIONS:

Because such infestations spread when tree growth is unhealthy, and EERA corrects this condition by massive remineralization campaign and phase-out of fossil fuels.

22. REDUCES FOREST, BRUSH AND PRAIRIE FIRES, THAT ALSO ENGULF HUMAN HABITATIONS:

Because increased incidence of such fires is result of continuous drought conditions and unhealthy tree growth, which are both corrected by EERA program.

23. REDUCES TORNADOS AND VIOLENT WIND STORMS:

Because increasing incidence of tornados, hurricanes and violent wind storms are result of climatic disruptions and chaotic wind circulation pattern from overheated atmosphere, caused by excess accumulation of CO2 in atmosphere, which EERA corrects.

24. REDUCES AGRICULTURAL DISRUPTIONS FROM UNPREDICTABLE CLIMATE HAZARDS:

The increased incidence of late frosts, early freezes, killing freezes in areas seldom affected before, violent rains, etc., which destroy crop planning and production, are the result of climate changes resulting from excess, CO2, which is corrected by EERA.

25. SOLVES THE "OTHER ENERGY" CRISES:

Because EERA requires sustained-use tree plantings, those parts of the world which depend on wood for fuel are assured of sustainable supplies of wood if they cooperate in EERA program.

26. LEADS TO SHIFT AWAY FROM HEAVY MEAT EATING DIETS:

Because increase in beef and meat eating diets puts heavy pressure to convert forest lands, especially in tropical countries, to beef production, which takes 7 to 9 times as much land as grain products used directly for human food, the EERA program must encourage reduction in beef eating (while maintaining dietary protein balance) to save forests and recycle CO2.

27. GREATLY REDUCES POLLUTION IN THE CITIES:

Because EERA requires rapid transition away from fossil fuels to non-polluting energy sources, thus eliminates most gas and oil powered vehicles in favor of electrically or hydrogen-powered vehicles, and eliminates coal and oil as energy sources for factories, for heating and cooling homes, offices, etc.

28. GREATLY REDUCES THE PALL OF HAZE OVER MUCH OF THE WORLD:

Because EERA eliminates major sources of haze producing pollution, which is important not only for cities and towns, but also for enjoyment of mountains, rural areas and vacation areas.

29. SAVES ARCHITECTURAL AND ARCHEOLOGICAL TREASURES OF THE AGES:

Because EERA eliminates most acid rain, acid fog, and atmospheric pollution which destroys the architectural and archeological heritage of history and civilization.

30. SOLVES WORLDWIDE UNEMPLOYMENT PROBLEM:

Because EERA campaign can employ every able bodied and able-minded unemployed person, and every under-employed person, available throughout the world. These emergency campaigns will continue for the next 20 years at least.

31. SOLVES DISARMAMENT PROBLEM:

Because EERA program requires that all weapons of mass destruction (WMD) programs be discontinued and abandoned immediately, and that all expenditures, resources, manpower, and scientific talent now squandered in WMD programs must be turned immediately to fighting the new common enemy of mankind, which is the rapid increase of CO2 in the atmosphere.

32. HELPS SOLVE PROBLEM OF MILITARY CONVERSIONS TO PEACEFUL USES:

Because available personnel and useable technology now in military service is required for EERA campaigns for reforestation, remineralization, and conversion to non-polluting energy.

33. PREVENTS RAPID ONSET OF NEW ICE AGE, WHICH WOULD DESTROY CIVILIZATION:

Unless reversed, the increasing levels of carbon dioxide in the atmosphere (now almost at the point of no return at 350 parts per million) will trigger rapid and irreversible onset of new ice age, which could last for ten of thousands of years. EERA program can bring CO2 levels down to safety and dynamic balance, if implemented expeditiously.

34. PREVENTS NEW UPSURGE OF VOLCANIC ACTIVITY:

If CO2 induced climatic changes are not reversed quickly, the ensuing out-of-phase melting and build-up of snow and ice in polar latitudes will trigger (by geologic pressures) worldwide increased volcanic activity, which will spew great quantities of CO2 and dust into the atmosphere, and make the new ice age irreversible. Expeditious implementation of EERA program can prevent this.

35. ACHIEVES WORLDWIDE HUMAN UNITY:

Because the People of Earth can save themselves from the catastrophes resulting from excess CO2 only by abandoning weapons of mass destruction and joining in common peaceful defense provided by EERA against this new common enemy of human life and civilization on Earth.

 


 

World Legislative Act Number 7

EARTH FEDERATION FUNDING CORPORATION

 

WHEREAS:

The People of Earth are confronted, today, with many extreme and inter-related problems. Whether we survive or perish depends on the effectiveness with which solutions to these problems are devised and carried out during the coming decades.

But effective solutions are impossible so long as nations insist on the continuance of national sovereignty, or on consultative institutions based on national sovereignty, as the framework within which to negotiate and manage those affairs which transcend national boundaries.

Peaceful and effective solutions to the major problems concerned with human survival and progress on Earth, require that an adequate World Federation and non-military democratic world government design and implement those solutions The framework of solutions now ready for implementation include, among others, the following:

The Constitution for the Federation of Earth (Earth Constitution);

A series of sessions of a Provisional World Parliament, continuing until the Earth Constitution has been ratified by a sufficient number of countries;

World Legislative Act #1, which prohibits weapons of mass destruction, including nuclear weapons, and provides for the organization and functioning of a World Disarmament Agency;

World Legislative Act #2, which provides for a World Economic Development Organization, including the design for a new world finance and credit system based on potential productive capacity rather than past savings;

World Legislative Act #6, which provides for an Emergency Earth Rescue Administration, to prevent climatic and environmental catastrophe in time to avert the onset of a new ice age.

Plans for Earth Rescue Teams, to mobilize the support and participation necessary for ratification and implementation of the Earth Constitution, and of the specific solutions mentioned above, together with solutions to other world problems within the context of world federation and world government.

To obtain the acceptance and implementation of all parts of the comprehensive plan of action outlined above, requires a very massive global campaign. To carry out such a campaign requires adequate funding, in terms of hundreds of millions of equity salaries, far beyond the financial capacity of those persons who have envisioned and initiated this course of action.

THEREFORE:

Article 1 • This second session of the Provisional World Parliament hereby creates a Earth Federation Funding Corporation (EFFC) for the following purposes:

1.1 To obtain loans and contributions from both public and private sources;

1.2 To disburse grants and payments to various agencies that will work to achieve a democratic non-military, world federation and federal world government and will work to design and implement peaceful solutions to world problems in the context of an emerging world federation and non-military democratic world government.

1.3 To arrange for repayment of all loans ө25 (about 1985 U.S. $500) or more by the Treasury of the soon-to-be established World Government.

1.4 The total upper limit of loans to be repaid shall not exceed ө2,500,000,000 (about 1985 U.S. $50,000,000,000).

1.5 For purposes of launching the Earth Federation Funding Corporation, the aim is to obtain a minimum of ө5000 quickly (about 1985 U.S. $100,000).

Article 2 • The Earth Federation Funding Corporation may contract loans as lump sums, or as annual subscriptions over a period of years. The Earth Federation Funding Corporation shall seek loans, which may be called Earth Rescue Loans, and contributions, from the following sources:

2.1 National Governments;

2.2 Cities, towns, local and regional governments;

2.3 Private Corporations;

2.4 Non-governmental organizations and associations;

2.5 Individuals;

Article 3 • The Directors and Officers of the Earth Federation Funding Corporation (EFFC) shall determine approval or declinations of grants and disbursements of loans to best serve and help to achieve the purposes of the EFFC, while responsible to the Provisional World Parliament, the World Parliament and the Provisional World Cabinet or World Cabinet. In particular, the EFFC shall make grants and disbursements to the following agencies, and to carry out the following activities, but not limited thereto:

3.1 • Agencies

3.1.1 World Constitution and Parliament Association;

3.1.2 Global Rescue Teams;

3.1.3 Provisional World Parliament;

3.1.4 World Constituent Assembly;

3.1.5 World Disarmament Agency;

3.1.6 Emergency Earth Rescue Administration;

3.1.7 World Economic Development Organization;

3.1.8 World Problems Institute & Graduate School of World Problems;

3.1.9 Provisional World Cabinet;

3.1.10 Provisional District World Courts;

3.1.11 Office of World Attorneys General;

3.1.12 World Ombudsmus

3.1.13 Earth Financial Credit Corporation;

3.1.14 Other agencies established under legislation of the Provisional World Parliament, or pursuant to the Earth Constitution;

3.1.15 Other emerging agencies of the Integrative complex.

3.2 • Activities

3.2.1 Ratification and implementation of the Earth Constitution;

3.2.2 Implementation of World Legislative Act #1, to prohibit nuclear weapons and other weapons of mass destruction, and establish a World Disarmament Agency;

3.2.3 Implementation of World Legislative Act #2, for a World Economic Development Organization;

3.2.4 Implementation of World Legislative Act #6, to recapture excess carbon dioxide in the atmosphere, and to save the environment;

3.2.5 Implementation of other world legislation adopted by the Provisional World Parliament.

Article 4 • The Earth Federation Funding Corporation shall manage repayment of the loans of ө25 or more (about 1985 U.S. $500) made to the Earth Federation Funding Corporation as follows:

Sec. 4.1 • The Provisional World Parliament authorizes and directs the Treasury of the World Government, when established under the Earth Constitution (or under any other constitution for world government) to assume all loans made to the Earth Federation Funding Corporation, up to a total of ө2,500,000,000 (about 1985 U.S. $50,000,000,000), and to begin the repayment of such loans plus interest as soon as the Earth Constitution (or any other constitution for world government) has been ratified by 50 countries, and the Treasury of the World Government has an income of ө1,000,000,000 per year (about 1985 U.S. $20,000,000,000 per year). Repayment may be scheduled over a 20 year period. Interest paid shall be paid on all loans to the EFFC at the rate of 10% per year on the unpaid principal balance, plus bonus interest if any, and limited to 10 years accrual from the date the loan is made. The Earth Treasury shall not pay any interest until payment on principal begins.

Sec. 4.2 • The 1991 fourth session of the World Constituent Assembly amended the Earth Constitution with Article 17, Section F., to guarantee repayment of work and costs, plus interest, of private citizens for the achievement of ratification of the Earth Constitution. To further assure the repayment of the loans made to the EFFC, this Provisional World Parliament recommends to the next session of the World Constituent Assembly to amend the Earth Constitution (under Article 7, Sec. C-28; Article 8, Sec. G; and Article 17, Sec. D) to make the assumption and repayment of original value of loans plus interest to the EFFC mandatory by the Treasury of the World Government, as specified above, made not only by individuals, but also by groups, foundations, nations and organizations of any kind that ratify the Earth Constitution and make a loan.

Sec. 4.3 • If loans are made, the EFFC shall fully advise agencies and sources making loans to the EFFC of the conditional nature of repayments.

Sec. 4.4 • In order to encourage and obtain the first loans to the Earth Federation Funding Corporation, this Act authorizes the Board of Directors to devise and put into effect a downwardly graduated scale of additional annual interest above 10% to be paid to the makers of the first loans to the Earth Federation Funding Corporation, up to a loan total of ө500,000,000 per source per annum (about 1985 U.S. ten billion dollars per source, per annum). The additional interest paid for the first million of loans and for the next ө10,000,000 of loans (about 1985 U.S. $200,000,000) may be substantially more than for subsequent loans up to the ө500,000,000 (about 1985 U.S. ten billion) limit of loans which may receive bonus interest. Repayment of loans receiving bonus interest will be subject to the same conditions as for later loans, as defined under Article 4.1.

Article 5 • The organizational and operating structure of the Earth Federation Funding Corporation includes a Board of Directors, Officers, and Executive Committee, a Directorate, and a Central Bank.

Sec. 5.1 • This Act composes the Board of Directors of the Earth Federation Funding Corporation as follows:

5.1.1 The Provisional World Parliament shall nominate 11 Parliamentary Directors to the Board of the EFFC, to serve 3 years, or until the next session of the Provisional World Parliament, if the Parliament does not meet within the three years.

5.1.2 Parliamentary Directors shall elect up to 12 Directors, to serve terms of two years.

5.1.3 Sources of funding may name up to 100 Directors, to serve terms of two years, on the basis of one Director for each ө500,000 of loans (about 1985 U.S. $10,000,000) made to the EFFC over a 5 year period. A loan subscription of $2,000,000 per year for 5 years constitutes the power to name one Director. Sources making or subscribing to less than ө500,000 in loans (about 1985 U.S. $10,000,000) to the EFFC over a 5 year period may join with other sources in the same category to elect a Director for each combination of loans of ө500,000 (about 1985 U.S. $10,000,000). For purposes of this section, source categories shall be: National Governments; Towns, cities and governmental units less than national governments; private corporations; non-governmental organizations; and individuals.

5.1.4 The originating source for any particular Director shall fill any respective vacancy on the Board of Directors.

5.1.5 The Board of Directors shall adopt all necessary bylaws and rules for the proper functioning of the Earth Federation Funding Corporation.

Sec. 5.2 • The Board of Directors shall elect the Officers of the EFFC, The Officers of the EFFC include a President, two vice Presidents, a Secretary, a Treasurer, the Executive Director for the Directorate, and the Managing Director for the Central Bank. Officers shall serve terms of 2 years. The Board of Directors may elect officers for succeeding terms.

Sec. 5.3 • The Officers, the Parliamentary Directors and up to 10 additional members to be elected by the Board of Directors from among their own number compose the Executive Committee The Executive committee shall make all necessary decisions between meetings of the entire Board.

Sec. 5.4 • This Act establishes a Directorate in Lucknow, INDIA. An Executive Director shall head the Directorate. This Act assigns the Directorate to implement the Earth Federation Funding Corporation, subject to the decisions of the Board of Directors and of the Executive Committee.

In particular, the Directorate shall give directions to the Central Bank of the EFFC for the disbursement of grants and funds of the EFFC; and shall receive weekly reports from the Central Bank of the EFFC on receipts and disbursements, together with recommendations. The directions for disbursements must be in conformity with basic guidelines established by the Board of Directors of the EFFC. Any grant or disbursement of ө50,000 or more (about 1985 U.S. $1,000,000) to a single agency or entity must be specifically approved by either the Executive Committee or the entire Board of Directors.

The Board of Directors may change the location of the Directorate, providing that a majority of the Parliamentary Directors agree. The Board of Directors shall elect an Executive Director of the Directorate, with agreement by a majority of the Parliamentary Directors. The Executive Director shall serve as an ex-officio Officer and member of the Board.

Sec. 5.5 • The Provisional World Parliament, or decision of the Parliamentary Directors, shall establish a Central Bank for the EFFC in a country, countries or place most suitable for the receipt of loans and funds from all over the world, and for the disbursement of grants and payments all over the world, under the conditions of minimum difficulties in respect to regulations, taxes, currency conversions, and political freedom.

The Board of Directors shall elect a General Manager to head the Central Bank, with the agreement of a majority of the Parliamentary Directors. The General Manager of the Central Bank is an ex-officio Officer of the Directorate, and of the Executive Committee. The General Manager is the Managing Director on the Board of Directors.

The Central Bank of the EFFC shall receive loans and funds from all sources, and shall make grants and disbursements under the direction of the Directorate. The Central Bank shall make weekly reports, including recommendations, to the Directorate. The Board of Directors shall review books and accounts of the Central Bank quarterly. An independent accounting firm chosen by the Board of Directors shall audit books and accounts semi-annually. An independent accounting firm chosen by the Board of Directors may audit book and accounts at any other time decided by simple majority vote of the Board of Directors.

Sec. 5.6 • Applicants for grants from the EFFC shall submit applications to the Directorate, and send duplicate copies to the Central Bank.

Sec. 5.7 • Meetings of the Board of Directors and of the Executive Committee, in order to comprise a quorum, must include at least three of the Parliamentary Directors.

Article 6 • The Parliamentary Directors shall invite up to 300 respected persons from many countries to form a prestigious Advisory Board, and/or Board of Honorary Financial Sponsors, to give credibility, status and stability to the Earth Federation Funding Corporation.

Article 7 • The Earth Federation Funding Corporation shall begin with the following steps:

Sec. 7.1 • Three persons, completely dedicated to the purposes of the Earth Federation Funding Corporation, as defined herein, may incorporate the Earth Federation Funding Corporation.

Sec. 7.2 • Obtain from ө2,500 to ө5,000 or more (about 1985 U.S. $50,000 to $100,000) as start-up money to get the plan for the Earth Federation Funding Corporation into operation.

Sec. 7.3 • Seek the commitments of the first five national governments to support the EFFC with immediate loans (or contributions) totaling ө250,000 (about 1985 U.S. $5,000,000), together with pledges or subscriptions to increase their loans (or contributions) to a total of ө25,000,000 (about 1985 U.S. $50,000,000) over a five year period. The total of pledges or subscriptions by the first five may be conditional on obtaining similar support from an additional five national governments.

Sec. 7.4 • As an early priority, make grants to get the work of the Earth Rescue Teams underway, since the Earth Rescue Teams are a the key to getting the total program effectively underway.

Sec. 7.5 • As of the date of adoption of this Act, it is problematic to solicit or receive loans that are to be repaid by a future world government, because national Securities and Exchange regulations might interpret such a plan as fraudulent no matter how clearly the conditions of repayment are described, - since national governments have not yet recognized the world government. At the same time, national governments sell bonds to pay for weapons of mass destruction and related military programs, which are claimed necessary for national security, but which are clearly illegal under world law. National governments promise to repay such bonds, but if the weapons are used in a world war, most people on Earth will be killed, and the bonds will never be repaid. This appears to be quite fraudulent, compared with selling bonds to pay to establish a world government - which, if achieved, can maintain world peace.

To reach the stage of government participation, the EFFC may start by soliciting contributions instead of loans; that is, to ask for priority contributions. These may not be guaranteed by the Central Bank of the EFFC. However, the priority contributions are guaranteed under the Earth Constitution, Article 17, Section F. This Act requires the EFFC, the Central Bank, and any independent accounting firm contracted to audit the books and accounts of the Central Bank, to faithfully account for all contributions made to the EFFC. The World Court may determine that violation of this provision is Unauthorized misappropriation, theft or transfer of world federal property (class 3 felony,. WLA#19),or unauthorized intentional destruction of a world government record (class 4 felony, WLA #19, WLA#25.11.1).

7.6 • The EFFC itself and the Central Bank itself shall recognize priority contributions as bona fide loans or debenture bonds, to be called Earth Bonds, if at least five national governments join the plan of the Earth Federation Funding Corporation or preliminarily ratify the Earth Constitution. Priority contributions qualify for repayment - with bonuses - by the future world government, as described in the Earth Constitution, Article 17, Section F. But unless five national governments join world government, the priority contributions will remain called as contributions by the EFFC and the Central Bank, with no EFFC or Central Bank guarantee for repayment.

7.7. • As the original name of "World Government Funding Corporation" did not popularize with substantive loans over nearly a twenty-year period, the eighth session of the Provisional World Parliament renames the original World Government Funding Corporation as the "Earth Federation Funding Corporation", with each respective reference in all world legislation to be accordingly updated. Noting the original name, the Provisional World Parliament directs the eventual World Treasury to honor all loans made previously to the World Government Funding Corporation, and henceforth all loans made to the Earth Federation Funding Corporation, as specified in the Earth Constitution, Article 17, Section F.

 

Adopted as World Legislative Act #7, at the second session of the Provisional World Parliament, meeting in New Delhi, India, March 1885.

Amended at the sixth (2003) and eighth (2004) sessions of the Provisional World Parliament.

Attested: Eugenia Almand

Parliament Secretary

More information:

tiahoga@prodigy.net.mx

fax: 52-739-39-51264

govt_rules@yahoo.com

gmartin@radford.edu

www.wcpa.biz

www.worldproblems.net

www.mondparlamento.net

 


 

World Legislative Act Number 8

WORLD COMMISSION ON TERRORISM

 

WHEREAS:

In a world already beset with many global crises and difficult problems, the situation is made more difficult by terrorism;

Both organized terrorism and random terrorist acts serve to confuse issues, enflame passions, exaggerate problems and make peaceful and reasonable solutions more difficult;

Sometimes terrorism is organized by States against other States or against people, even their own citizens; sometimes terrorism is organized by people against States or against other people;

In some situations, regardless of basic issues, the economic and social fabric of entire countries is disrupted, the living and working conditions of people made dangerous and miserable, and many innocent people are killed and their property destroyed;

In order to cope with terrorist activities, some smaller countries which might otherwise desire to apply resources for peaceful development, are forced to divert funds for military defense against terrorism;

Instead of an end to terrorism, more and more situations appear to be caught up in terrorism complications and intrigue;

THEREFORE:

Article 1. This second session of the Provisional World Parliament hereby creates a WORLD COMMISSION ON TERRORISM.

Article 2. This Act defines Terrorism as the use of violence against lives or property, or threat to use violence against lives of property, without a formal declaration of war, for the purpose of trying to achieve objectives that may appear difficult to achieve by peaceful means. This Act defines violence as the use of force or coercion that is unlawful under world legislation and world law.

Article 3. The objectives and functions of the World Commission on Terrorism (W.C.T.) include the following:

3.1 To investigate and clarify the issues and circumstances of any particular situation in which terrorism is involved, and in particular any situation in which terrorism appears to be organized on a transnational or worldwide level;

3.2 To discover, uncover, clarify and define any just grievances or partly just grievances that may be involved;

3.3 To discover, uncover, clarify and define any extraneous, ulterior, hidden, manipulative, devious or false issues or reasons for terrorist activities;

3.4 To uncover and clarify the true facts and nature of situations where terrorist activities may be used to enflame or confuse and utilize local or transnational situations, e.g., ethnic conflicts, for the achievement of objectives pursued by third parties.

3.5 To discover and define possible solutions to particular situations involving terrorism, and solutions to any aspects of terrorism that transcend national boundaries; in particular, to define, recommend and encourage solutions in the context of an emerging World Federation.

3.6 To expose and seek an end to all transnational shipment or trade in weapons of mass destruction and terrorists' supplies;

3.7 To expose and seek an end to all training of persons to engage in terrorist activities, particularly where terrorists are trained in one country for terrorist actions in another country;

3.8 To publicize the true nature of situations where violations of human rights may be involved, and to have such problems taken up for peaceful solutions by the World Ombudsmus, to be set up under the Earth Constitution.

3.9 To publicize the true nature of economic problems which may be involved, where such problems transcend national boundaries, and to have such problems taken up for peaceful solutions by the World Economic Development Organization, with adequate resources applied to implement peaceful solutions;

3.10 To expose and seek the apprehension of any terrorist agents or individuals engaged in transnational terrorist activities, and to seek to bring such agents and individuals before World Courts of Justice.

Article 4. The nucleus of the WCT shall consist of members of the Provisional World Parliament, at a minimum of one from each country.

Article 5. This Act authorizes the WCT to invite each country affected by the activities of terrorists to send both government and peoples representatives to serve on the World Commission on Terrorism.

Article 6. The WCT shall function with liaison to the Office of the World Attorney General, and in particular, with the Investigations Department of the Enforcement System.

Article 7. This Act authorizes the WCT to begin its work forthwith.

Article 8. The Earth Federation Funding Corporation, established by World Legislative Act #7, shall fund the WCT.

 


 

World Legislative Act Number 9

GLOBAL MINISTRY OF ENVIRONMENT

 

WHEREAS:

Thirty-four years after the first United Nations Conference on the Environment, held at Stockholm, Sweden, in 1970, many global environmental problems are evident, and some of them are worsening progressively;

There are serious problems in our world in terms of:

Lack of industrial safety;

Pollution;

Improper selection of technology;

Unequal distribution of the benefits of technological development;

Many problems of the environment affect humanity as a whole, for example:

1. Deforestation,

2. Loss of top soil,

3. Acid rain and snow,

4. Worsening climate,

5. Increase of carbon-dioxide in the atmosphere,
6. Ozone depletion,

7. Toxic wastes,

8. Extinction of species,

9. Noise pollution,

10. Degradation of mountains,

11. Widespread hunger, resulting from agricultural disruptions,

12. Pollution of major river systems,

13. Export of hazardous wastes and pollutants to the "third world".

The Earth is the only world we have, and environmental problems disregard boundaries;

Most problems of the environment are supra national, and therefore require a global or trans-national approach to identify and find solutions to those problems of the environment which need to be solved on a global basis, and by the Provisional World Parliament.

The Earth Federation must protect Nature for its unique value in the health and recovery of humans.

THEREFORE:

Article 1. This third session of the Provisional World Parliament hereby establishes a Global Ministry of Environment, The Global Ministry of Environment is authorized to do the following:

1.1. Identify the major issues of environment disruptions and problems,

1.2. Monitor environmental dangers,

1.3. Solve world environmental problems on a global or transnational scale, and

1.4. Co-ordinate all efforts before problems and situations become irreversible.

1.5. Identify the major causes of animals and plants becoming extinct;

1.6. Identify possible preventions and remedies to threats of extinction; and

1.7. Implement remedies and preventive measures to prevent extinctions.

Artice 2. The Global Ministry of Environment shall work with agencies of the Integrative Complex to solve Global Environmental Problems according to the following directives:

2.1. To address the increase of carbon-dioxide in the atmosphere, the GME shall do the following:

2.1.1. The GME shall coordinate with the World Hydrocarbon Resource Board to reduce the consumption of fossil fuels. The GME shall plan large-scale measures to control pollution, and to protect the eco-system as the basis of human existence;

2.1.2. Until the Energy Ministry is established, the GME shall receive plans, including grant proposals for sustainable solar, hydrogen,, electromagnetic, biological and other energy sources;

2.1.3. The GME will coordinate with the Emergency Earth Rescue Administration and the Agency for Technological and Environmental Assessment for the world-wide program of re-forestation and afforestation, with emphasis on fast growing trees having economic value, avoiding monocultures;

2.2. The GME shall report semi-annually to the World Executive on the Emergency Earth Rescue Administration actions to re-mineralize forest lands to promote and protect the healthy growth of all forests.

2.3. Oceans

2.3.1. This Act re-confirms international convention regulations that tankers carrying oil must be doubly protected, unless legally emptied and withdrawn from use. The GME shall report semi-annually to the World Oceans and Seabeds Authority regarding commercial and government compliance with oil tanker regulations.

2.3.2. The GME shall work with the Commission for Legislative Review to draft world legislation that sewage from cities must be adequately treated before discharged into rivers and oceans. The plan shall include estimates for Earth Federation subsidies of municipal sewage treatment systems for cities and populated areas that have not been able to develop adequate sewage treatment systems under national and international programs.

2.3.3. The GME shall work with the Commission for Legislative Review to.draft world legislation to fully protect from harmful exploitation the arctic and antarctic regions.

2.3.4. The oceans and seabeds are the property of all humanity, under jurisdiction and management of the World Oceans and Seabeds Authority (WOSA). The GME shall coordinate with the WOSA to ensure the protection of the oceans and seabeds.

2.3.5. The GME will coordinate with the Emergency Earth Rescue Administration and the Agency for Technological and Environmental Assessment for the world-wide program of ocean and lake re-mineralization, with emphasis on blends of minerals that encourage phytoplankton growth of species that do not cause de-oxyfication of the oceans, lakes and atmosphere. The GME shall report semi-annually to the World Executive on the

Emergency Earth Rescue Administration actions to re-mineralize the oceans , including reports on oxygen levels of both the ocean and atmosphere at numerous recording points.

2.3.6. The GME shall coordinate with the WOSA to otherwise protect the oceans and seabeds against pollution;

2.4. Forests

2.4.1. The GME shall recommend the particular assortment of properly selected trees and plants to the Emergency Earth Rescue Administration (EERA) in the massive world-wide reforestation and afforestation program, being careful not to upset the eco-system The GME will assess the impact of native and introduced species in the operations of the EERA, to reduce harmful interactions in the EERA operations. The GME shall assess the effect on both local native flora and local native fauna. When feasible, the GME will recommend native flora. However, in cases where extinction prevents reintroduction of native species, the GME may recommend use of introduced species, if introduced species do not further damage the ecology.

2.4.2. Until the Energy Ministry is established, the GME shall work with the Commission for Legislative Review to draft world legislation to assist people who depend on trees for fuel to transition to non-hydrocarbon energy sources, in order to avoid excessive cutting of trees for firewood, and burning of brush for kindling or clearance. The GME shall encourage composting of brush, rather than the burning of brush, unless composting interferes with natural fire cycles required for ecosystem sustenance;

2.4.3. The GME shall coordinate with other agencies of the Earth Federation to promote family planning as part of the global development program;

2.5. Acid Rain

2.5.1. The GME shall determine pollution control standards in manufacturing and transportation to reduce oxides of nitrogen and sulphur; The GME shall plan large-scale measures to control pollution, and to protect the eco-system as the basis of human existence.

2.5.2. The GME shall eliminate causes of acid rain in manufacturing and transportation. In particular, the GME shall assess full costs of hydrocarbon combustion, to eliminate hydrocarbons as fuels, while there are still hydrocarbons available for lubricants and plastics for both present and future generations of people.

2.6. Mountains

2.6.1. This Act designates high mountains, such as the Himalayas, the Andes and the Alps, as Areas of World Protection. In particular, high mountains above the timberline, above the arable regions and above the regions customarily inhabited are under protection and jurisdiction of the Earth Federation.

2.6.2. The GME will monitor uses of high mountains to conserve and protect both the mountain environments and the areas downstream, which are of transnational concern.

2.6.3. This Act recognizes the value of certain high mountain areas in equatorial regions as potential sites for future spaceports. In particular, the equatorial Andean region is most suitable for spaceports. This Act discourages land speculation in this region. For the purpose of eminent domain for spaceport development, the Earth Federation will compensate landowners with title to no more than the current August 15th 2004 land value assessments on the market in the equatorial Andean area,.

Article 3. The Global Ministry of Environment shall protect endangered animals and plants;

The Ministry shall use the various conservation categories of the International Union of Conservation of Nature and Natural Resources (ICUN); and Mace & Lande (1991);

The Ministry shall review the following international convention law for integration and codification into World Law, insofar as constitutionally feasible, submitting proposed amendments to the Commission for Legislative Review:

3.1. Basel Convention ( www.basel.int )

3.2. Biodiversity Convention ( www.biodiv.org )

3.3. Climate Change Convention &

Kyoto Protocol ( www.unfccc.org )

3.4. Convention on International Trade in Endangered

Species or Wild Fauna and Flora (CITES)

( www.cites.org )

3.5. London Dumping Convention

( www.londonconvention.org )

3.6. Migratory Species Convention

(www.cms.int )

3.7. Montreal Protocol (www.unep.org/ozone )

Article 4. Further Detailed Steps to be Taken

4.1. The GME shall determine the damage of used radiological, chemical and biological weapons and affected areas. The GME will attempt to develop technology to remove radiological, chemical and biological wastes from affected areas.

4.2. The GME shall coordinate with the World Disarmament Agency to sequester or render harmless radiological, chemical and biological materials to protect the environment.

4.3. The Ministry of Environment will coordinate with a Space Administration to protect the environment, including the environment of outer space, the moon, asteroids and planets. The Provisional World Parliament or World Parliament will establish the Space Administration under separate legislation.

4.4. The GME may coordinate or cooperation with environmental organizations and governmental authorities to exchange information;

4.5. The Global Ministry of Environment may coordinate with the environmental agencies of the United Nations system.

4.6. In coordination with the World University System, and in particular with the Institute on Governmental Procedures and World Problems, the GME may establish training centers;

4.7. The GME shall develop and implement energy conservation, recycling and energy-equivalency standards so that energy will be saved;

4.8. The GME shall work with the Commission for Legislative Review to draft world legislation to conserve and distribute surplus agricultural food stocks, such as in the USA and the European Community. Until a Ministry of Food, Agriculture and Nutrition is developed, the GME shall monitor food stocks. The GME may permit destruction of spoiled crops only. Intentional destruction of surplus agricultural food stocks without a permit is prohibited (class 3 felony).

The world legislation shall include provisions to prevent food surplus distributions from disrupting local economies.

4.9. The GME may monitor wet-lands to protect from industrial uses, and from developmental encroachment. This Act recognizes the international convention for the protection of wetlands.

4.10. The GME shall work with the Commission for Legislative Review to draft world legislation to give preference to the use of trains and buses as means of public transport;

Article 5 • Some Guidelines for the Specific Action Program of the Ministry of Environment

5.1. This Act promotes environmental education at every level of society in cooperation with the Ministry of Education.

5.2. Developers and governmental agencies shall select appropriate technology for development projects, whether major or small scale projects.

5.3. A major project is defined as a development activity that might adversely affect the global environment on a large scale, such as the building of a large dam on a major transnational river, or the enlargement of port facilities on a seacoast. The mining of hydrocarbons is a major project, unless the hydrocarbons retrieved are naturally at the surface. This Act requires prior environmental assessment for any major project that may affect the global environment. Utilizing public or private funds for any major project that may affect the environment without first obtaining environmental assessment is unlawful (class 3 felony). This Act requires permits from the GME for major projects. Beginning or continuing a major project without a GME permit is unlawful (class 3 felony)

Projects that begin or are already continuing within 12 months of the adoption of this world legislation are special cases that the GME may address outside of World Court.

The GME shall work with the Commission for Legislative Review to.draft world legislation to regulate major projects.

5.4. The establishment of an international conservation agency under the Ministry of Environment must include a program and standards for the recycling of materials;

5.5. Each session of the Provisional World Parliament may revise the action program of the Ministry of Environment. The GME shall deliver an annual report at each session, or at least annually.

Article 6 • Creation of the Global Ministry of Environment

Within three months after the approval of this Act by the Provisional World Parliament, the Global Ministry of Environment shall begin operation. The Environment Ministry has the authority to supervise the determinations and implementation of this Act. The Environment Ministry is responsible to the Provisional World Parliament, as well as to the Provisional World Cabinet.

The GME shall receive assessments from the Agency for Technological and Environmental Assessment and other agencies of the Integrative Complex.

Article 7 • Composition of the Global Ministry of Environment

This Act composes a Governing Council for the Global Ministry of Environment of from 15 to 95 Trusteeship Council Members, composing a Council of which a maximum of 32 members may come from any single continent of Earth, and a maximum of 12 members from any single country. At no time can more than one-third of the Council members be from any single continent.

The Provisional World Parliament shall nominate six Parliamentary Members;

Each Agency of the Integrative Complex shall nominate one member, for a total of 7 Agency Members from the Integrative Complex;

The Attorneys General Office and the World Ombudsen shall each nominate one member;

The first 25 nations to preliminarily ratify or finally ratify the Earth Constitution may each nominate a Member. After more than 25 countries have accepted Lines of Credit, then for the election of successive terms for Directors, each national government shall nominate one candidate and the total of 25 Directors shall be elected by a combined vote of the national governments.

Each of the twenty World Electoral and Administrative Regional Ministers shall appoint a Member;

The first 35 non-national sources of funding to the Earth Federation Funding Corporation eligible to name a Director to the EFFC, may also name a Trusteeship Council Member. After more than 35 non-national sources have accepted Lines of Credit, then for the election of successive terms for Directors, each no-national source shall nominate one candidate and the total of 35 Directors shall be elected by a combined vote of the non-national sources. These posts continue until the full operative stage of world government, at which time the posts will sunset;

Trusteeship Council Members hold office for three years. Agencies, countries or organizations may re-elect Members.

By simple majority vote, the Provisional World Parliament may expel Members for cause.

The original nominating agency, country or organization for Members fills respective vacancies in the Trusteeship Council.

The Provisional World Parliament may elect a Minister for Environment or Environment Commission Chair from among its own members. The Minister for Environment or Chair shall nominate a Senior Administrator from the Civil Service lists. If these lists have not yet been compiled, the Minister or Chair may make any appointment, subject to approval or disapproval by the simple majority vote of Trusteeship Council and the Provisional World Parliament, voting separately.

The Trusteeship Council shall decide the further form of organization and the functions of the Global Ministry of Environment, in accordance with the aims and specifications of this Act, and in accordance with the Earth Constitution. The Trusteeship Council is responsible to the Provisional World Parliament and to the Provisional World Cabinet.

 


 

World Legislative Act Number 10

WORLD HYDROGEN ENERGY SYSTEM AUTHORITY

 

WHEREAS:

The peoples of the world are striving to increase their living standards, and thus - in addition to adopting all appropriate conservation measures - must increase their energy consumption.

The main sources at present are fossil fuels, i.e., coal, petroleum, and natural gas.

Fossil fuels are finite in amount and will eventually be depleted, with the downturn in production expected to start early in the next century.

It is prudent to plan and begin conversion to the next energy system by making use of the remaining fossil fuel sources (and also other conventional energy sources, such as wood, etc.) to achieve a smooth change-over, which is expected to be completely accomplished within 50 years or less.

It is also prudent to preserve the diminishing supplies of the fossil fuels for non-fuel applications (such as lubricants, synthetic fibers, and plastics), for which there may be no substitute.

The combustion products of fossil fuels are causing growing damage to our Biosphere (the only known domain in the Universe to be supportive of life) and especially to its living components through pollution, acid rain, CO2 and carcinogens.

The combustion products and their harmful effects do not stop at the national boundaries.

It is of the utmost importance to keep the Biosphere clean and fit for life, and hence the energy sources and energy carriers as clean as possible.

There exist clean primary energy sources, which however are not as convenient to utilize as fossil fuels in general (e.g., in transportation).

There is a need for two types of energy carriers, viz., electricity (meeting about one-quarter of the demand at the consumer end) and fuel (meeting about three-quarters of the demand).

There exists technology for the production (by any and all primary energy sources) and utilization of the environmentally compatible and efficient fuel energy carrier, i.e., hydrogen.

Hydrogen would enable all the new primary energy sources to be presented to the consumer in the best utilizable form.

The resulting energy system, the Hydrogen Energy System, would save the Biosphere and life from extinction, would be universal and permanent, and would provide humankind with abundant energy for economic progress and higher quality of life.

THEREFORE,

1. This third session of the Provisional World Parliament hereby creates the WORLD HYDROGEN ENERGY SYSTEM AUTHORITY (WHESA).

2. TASKS: WHESA shall administrate various tasks to replace the existing fossil fuel system with the Hydrogen Energy System.

2.1 FIRST TASK: EDUCATION OF PEOPLE AND DECISION MAKERS. WHESA will organize short-courses, seminars, symposia and conferences in order to educate the people and the decision makers around the world about the benefits of the World Hydrogen Energy System vis-à-vis the fossil fuel system. In these meetings, WHESA shall expound the efficiency, environmental and economical advantages of the Hydrogen Energy System, as compared with the fossil fuel system.

2.2 SECOND TASK: RESEARCH AND DEVELOPMENT. WHESA shall open the World Hydrogen Energy Research Center (WHERC) In this center researchers from various countries will work on efficient and economical conversion of primary energy sources, such as solar, biomass, wind, waves, tides, ocean, thermal and geothermal, to hydrogen. WHERC shall do the following:

2.2.1 Research and evaluate various methods of hydrogen production, such as electrolytic, photolytic, thermal, thermal-chemical, thermo-electro-chemical, and hybrid methods.

2.2.2. Investigate various methods of storage of gaseous and liquid hydrogen.

2.2.3. Determine and develop the best ways of storage for different applications.

2.2.4. Investigate transmission and distribution of gaseous and liquid hydrogen.

2.2.5. Determine and develop the best ways for different applications.

2.2.6. Research into utilization of hydrogen in residential, commercial, utility, industry and transportation sectors.

2.2.7. Research on safety and environmental effects of hydrogen, as well as on development of materials for hydrogen using systems.

2.3 THIRD TASK: DEMONSTRATION PROJECTS. WHESA shall assist in establishing Hydrogen Energy System Demonstration Projects wherever they are feasible. WHESA shall help - through the expertise WHESA develops in WHERC - countries that express interest in establishing hydrogen energy system demonstration projects. WHESA shall provide technology transfer.

2.4 FOURTH TASK: CONVERSION TO HYDROGEN. WHESA shall assist each country to convert from the present fossil fuel system to the hydrogen energy system in a smooth, orderly and economically expedient way.

Energy production and utilization equipment, plants and/or transportation will be changed to hydrogen if they have to be replaced and/or new ones are needed due to increase in demand, or because of dire necessity to save the environment quickly. WHESA, together with other agencies of the Earth Federation, shall complete the transition within 50 years or less.

2.5. FIFTH TASK: ENVIRONMENTAL SURCHARGE. WHESA will campaign for each country of the world to comply with a uniform environmental surcharge legislation to be enacted by the Provisional World Parliament or World Parliament, so that the products (energy carriers and otherwise) are responsible for the harm they cause to the biosphere and to life, directly or through carrier waste or manufacture; that the price of each product would includes an environmental surcharge to cover the product's environmental damage.

Appropriate world authorities shall utilize the environmental surcharge to undo the damage to the Biosphere, life and structures, to cover related medical, restoration and relief expenses, and to compensate the victims. This Act specifically authorizes the Ministry of World Resources to coordinate with the Provisional Office of World Revenue to collect an environmental surcharge.

2.6. This Act does not limit the WHESA tasks to those defined herein. WHESA may define and develop other tasks as needed.

3. ADMINISTRATION: WHESA administration will consist of the following:

3.1. The Presidium or Provisional World Presidium shall make nominations for the WHESA Minister. The Provisional World Parliament or World Parliament shall then elect the Minister of WHESA. If the first operational stage has not yet been reached, then the term for the Minister is three years, and the Provisional World Parliament or World Parliament may re-elect the Minister for successive terms.

3.2. If the first operational stage has not yet been reached, or if the Civil Service Administration has not yet established the civil service lists, the Minister of WHESA may temporarily appoint someone, subject to approval of the Presidium, as WHESA Administrator. When lists are available, then the Minister of WHESA shall nominate from the list, and the nomination requires approval from the Presidium.

3.3. General Directors for the tasks enumerated under Article 2 of this Act, to be appointed by the Administrator and approved by the Executive Cabinet, and

3.4. Technical and administration personnel to be proposed by each General Director and approved by the administrator. If the seniority lists of the Civil Service Administration are in place, the Senior Administrator will use these in placements.

4. FUNDING: Initially, WHESA will be activated as soon as the equivalent of a minimum of ө350,000 of Earth credits or currency (approximately ten million 1987 U.S. dollars) is obtained from energy companies and/or philanthropic organizations, or national or sub-national governments, or as soon as the world economic system is capable of allocating the adequate funds. After activation, the WHESA budget will be derived as follows:

4.1. One quarter of one per cent of GNP of each country ratifying the Earth Constitution.

4.2. Two and a half per cent of the net income of each energy company, including energy mining, transportation, storing processing (to fuel and/or electricity), and marketing companies - both public and private that take part in the transformation process.

 


 

World Legislative Act Number Eleven

EARTH FINANCIAL CREDIT CORPORATION

 

WHEREAS:

The success of the movement to establish a Federal World Government under the Earth Constitution, and to implement the World Legislative Measures enacted by the Provisional World Parliament, depends on adequate financing;

The countries and peoples of the world must free themselves quickly from the disruptions to their economies and livelihoods from repeated devaluations, inflations, and manipulations of monetary values, exchange rates and interest rates, both in world trade and for peaceful development;

The financial, credit, money and banking system under the Earth Federation must be based on virtually unlimited financial credit that can be extended wherever there are people to work, resources available, technology available, and viable plans for the use of the credit, without being dependent on or limited by prior savings or prior capital formation;

Financial credit must be available in sufficient quantity to carry out unlimited and life-saving peaceful development projects in all countries and all parts of Earth, as well as to implement fully the World Disarmament Agency, the Emergency Earth Rescue Administration, the World Economic Development Organization, and all other World Legislative Measures adopted by the Provisional World Parliament and subsequently to be adopted by the fully constituted World Parliament;

The Earth Constitution , under Article 8, Section G, sub-items (e) and (f), specifies a new "Planetary Monetary and Credit System based on useful productive capacity and performance ... within the Planetary Banking System for the financing of the activities and projects of the World Government, and for all other financial purposes approved by the World Parliament.";

To launch such a Planetary Finance, Credit, Money, and Banking System, it is desirable that the National Governments of a sufficient number of countries (sufficient to establish full credibility and operative acceptance of the new global financial system) shall ratify or give provisional ratification to the Earth Constitution, and agree to use and make the transition to the new global financial system.

THEREFORE

Article 1 • As soon as ten national governments have given provisional ratification to the Earth Constitution , the provisional world government shall organize and activate an Earth Financial Credit Corporation as a division of the World Economic Development Organization, for the purpose of introducing the new Earth finance, credit, money and banking system.

Article 2 • The method of introducing and making the transition to the new Earth finance, credit, money and banking system, is by extending multi-billion unit revolving lines of credit in Earth credits or Earth currency to all developing countries, and to other countries, willing to accept the terms defined herein.

Article 3 • The Earth Financial Credit Corporation shall calculate initial revolving lines of credit in Earth credits or Earth currency on the basis of ө50,000,000 units (about 1987 U.S. $1 billion) for each million of population for countries having natural population increase rates by birth of more than 2% annually, ө75,000,000 units (about 1987 U.S. $1.5 billion) per million of population for countries having natural population increase rates of between 1% and 2%, ө100,000,000 units (about 1987 U.S. $2 billion) per million of population for countries having natural population increase rates of between 0% and 1%, and ө125,000,000 units (about 1987 U.S. $2.5 billion) per million of population for countries having zero or less population growth.

Article 4 • This Act bases the capacity and ability of the Earth Financial Credit Corporation to extend lines of credit simply on facts of people available to work, resources available, and technology available, whether within a country or by transfer, and is not dependent on nor limited by prior savings.

The extension of financial credit by the EFCC is further backed by the following values:

The value of all the resources in the oceans and seabeds beyond 20 km. offshore, which is claimed as World Territory and as the Common Heritage of Humanity under World Legislative Act #3;

The claim of humanity as a whole (as represented by the Provisional World Parliament during this transition period) to the equivalent of ө750,000,000 units debt (fifteen trillion dollars plus U.S. 2004 currency), which the separate nations of Earth spent by obtaining from their citizens to waste for genocidal military equipment, preparations, and operations during the past fifteen years;

The claim of humanity as a whole (as represented by the Provisional World Parliament during this transition period) to the equivalent of ө500,000,000 units plus (roughly equivalent of ten trillion dollars U.S. 2004 currency), which the separate nations of Earth currently propose to obtain from their citizens and spend for genocidal military equipment, preparations, and operations during the next ten years;

The claim of humanity as a whole to the Continent of Antarctica, and to the value of any ecologically-sound extractable resources in Antarctica;

The claim of humanity as a whole to the commons of Earth, in terms of space, mineral resources, socially developed technology, the electromagnetic spectrum and the fundamental right of humanity to just regulation of the world monetary system.

Article 5 • The manner of extending the revolving lines of credit are in the form of an offer to each country defining the total amount of the line of credit per Article 3, to be activated under the following terms:

5.1. Provisional ratification of the Earth Constitution is a prerequisite to activating the Line of Credit.

5.2. Applicants must submit for approval by the Earth Financial Credit Corporation specific proposals and projects for the use of credit or funds advanced per the line of credit.

5.3. Criteria for approval of such proposals and projects shall include:

5.3.1. No military related proposals or projects will be accepted, except for dismantlement, demilitarization, conversion or minesweeping operations regulated by the World Disarmament Agency, or cleanup operations regulated by the Global Ministry for Environment;

5.3.2. Projects and proposals must serve peaceful human needs;

5.3.3. Projects and proposals must meet specified human values of decent working conditions, adequate living wages to all employees, no excessive salaries or profits to owners, administrators or managers;

5.3.4. Projects and proposals must meet specified ecological and environmental standards;

5.3.5. Other applicable criteria set forth in World Legislative Act #2.

5.4. The EFCC may extend financial credit and funds, as parts of the line of credit, to national governments, public corporations, private corporations, cooperatives, communities, universities, individuals, and to other entities whose projects or proposals receive approval.

5.5. Multi-national corporations may obtain credit under the terms of the line of credit, provided that the credit is obtained within a country whose government has given provisional or final ratification to the Earth Constitution. Multi-national corporations may use or spend the credit for development of projects only within countries whose national governments have finally ratified or given provisional ratification to the Earth Constitution.

5.6. The Line of Credit will be accounted in terms of Earth credit or Earth currency. The Provisional World Parliament and World Parliament shall designate the value of the Earth Credit or Earth currency in terms of a basket of commodities

5.7. Each country accepting a line of credit under the conditions specified herein may turn over current external debts for repayment to creditors by the Earth Financial Credit Corporation, under the following procedure:

5.7.1. Announce to creditors that the country is accepting the line of credit from EFCC, and is assigning its approved external debts for repayment to creditors by the EFCC.

5.7.2. Approved current external debts are defined as the balance due on original amounts of loans for valid projects, excluding loans for military projects or purposes, and excluding re-cycled interest and interest currently due.

5.7.3. Countries must not contract further external debts except through the EFCC, or other agencies of the World Economic Development Organization (WEDO) or of the emerging World Government under the Earth Constitution. Unauthorized misappropriation, theft or transfer of world federal property is unlawful. The Enforcement System may charge individuals or representatives who contract or attempt to contract additional external debt with unauthorized misappropriation, theft or transfer of world federal property. (class 3 felony)

If record tampering is involved, the Enforcement System may charge tampering with records of Provisional World Government – Class 1 felony (WLA#13. 2.22.1.),

or tampering with records of World Government

– Class 3 felony (WLA#13. 2.22.2.).

5.7.4. The world treasury shall repay debts assumed by the EFCC to creditors in Earth credits or currency, and shall remit on an installment basis during the next 20 years after assumption of the debts by the EFCC.

5.7.5. All subsequent interest on debts assumed by the EFCC shall be at no more than 2% of the assumed principal.

5.7.6. This Act cancels and forgives unapproved current external debts, except as defined in World Legislative Act #13, Article 4. Debtor countries participating in Earth Federation need not repay cancelled debts nor interest on cancelled debts.

5.8. This Act limits administrative and financing fees on credit or funds advanced under the line of credit to no more than 2% per annum on the principal amounts advanced. The EFCC shall charge uniformly to all those receiving credit advances. Debtors shall remit in Earth credits or Earth currency.

5.9. The original line of credit is subject to increase or decrease in direct relation to the decrease or increase in the rate of population growth.

5.10. Acceptance of the terms of the line of credit means the elimination of any further differentials or fluctuations in exchange rates because there will be only one universal Earth credit / Earth currency system.

Article 6 • This Act composes the EFCC Board of Directors as follows:

6.1. The first 25 national governments to accept Revolving Lines of Credit extended by the Earth Financial Credit Corporation may each name one representative to the Board of Directors of the EFCC, each to serve a five year term. After more than 25 countries have accepted Lines of Credit, then for the election of successive terms for Directors, each national government shall nominate one candidate and the total of 25 Directors shall be elected by a combined vote of the national governments.

6.2. This Act further composes the EFCC Board of Directors with thirty additional members as follows:

the Provisional World Cabinet shall elect 10 Directors;

the Board of Directors of the World Economic Development Organization shall elect 5 Directors;

the Board of Directors of the World Government Funding Corporation shall elect 5 Directors;

the Board of Directors of the Emergency Earth Rescue Administration shall elect 5 Directors;

the Board of Trustees of the World Disarmament Agency shall elect 5 Directors.

The world government agencies under 7.2., of Article 7 of this Act may elect Directors in whole or in part prior to the naming of members of the Board of Directors by participating national governments.

Article 7 • The Board of Directors of the EFCC shall elect its own officers from among their own number. The Board of Directors of the EFCC shall appoint an Executive Director and other administrative personnel as needed.

Article 8 • The Board of Directors of the EFCC shall formulate and adopt all rules and regulations necessary for the effective and efficient operation of the EFCC, in accordance with the provisions specified herein, and subject to approval by the Board of Directors of the World Economic Development Organization, or by the Provisional World Cabinet if WEDO is not yet functional.

Article 9 • Under separate legislation, the Provisional World Parliament may establish a Procurement Department to expedite the inauguration and successful and rapid development of the EFCC. If established, the Procurement Department shall work in close co-operation with the EFCC to expedite widespread and general acceptance of the lines of credit and of all financial procedures being introduced by the Earth Financial Credit Corporation, as well as by other financial agencies established by the Provisional World Parliament.

Article 10 • Under the following specified circumstances, the Provisional World Government may initiate the Earth Financial Credit Corporation without the participation of national governments at the outset:

10.1. In the event that within 12 months from the adoption of this World Legislative Act #11, ten national governments have not accepted the plan for the EFCC, inclusive of preliminary ratification of the Earth Constitution , specified as a prerequisite to receiving lines of credit, then the Board of Directors of the Earth Financial Credit Corporation, serving through election by agencies other than national governments, may devise ways and means to begin operation of the EFCC without waiting for the official participation of national governments.

10.2. If the Board of Directors of the Earth Financial Credit Corporation, after prudent and careful consideration and preparation, determine that it is feasible to make the EFCC operative before the elapse of 12 months from the date of adoption of World Legislative Bill #11, then the Board of Directors of EFCC may take the necessary steps to do so.

Article 11 • The Board of Directors of EFCC shall explore the feasibility for introducing and developing Earth credits or Earth currency as global legal tender, Earth unit lines of credit, and Earth credit accounting procedures, etc. from a global financial base in an offshore World Territory or in a zone of an existing country where the country grants legal extra- territorial status for this purpose. The Board of Directors of EFCC is empowered to implement this procedure as found feasible.

Article 12 • The EFCC shall develop more fundamental changes defined by World Legislative Act #11, in conjunction with the transitional financial procedures defined under World Legislative Acts #2 and #7.

Article 13 • To encourage the cooperation of existing banks and financial institutions in making the transition to the new financial system, that is not based on prior savings and does not require prior savings to extend lines of credit or make loans, EFCC shall recognize the net cash assets of cooperating banks and financial institutions in the following manner:

The EFCC shall integrate with the new system the net cash assets of those banks and financial institutions which agree by contract to join in and co-operate with the new financial system within 2 years from the date of operative launching of the EFCC, on the basis of 100% valuation of their net cash assets in terms of Earth credits or Earth currency, together with interest to be paid at 10% for 10 years on such net cash assets integrated and used in the new system. The EFCC shall account at 90% of valuation, together with 9% interest for 9 years, net cash assets of those banks and financial institutions which agree to join during the 3rd year of operation of EFCC. The EFCC shall account at 80% of valuation, together with interest at 8% for 8 years, net cash assets of those which agree to join during the 4th year. The EFCC shall continue this process of valuation accounting and adjustment until the 12th year, when the old system will have no transfer value to the new system.

Article 14. • The Basket of Commodities is the basis for determining the value of the Earth credit or Earth currency.

Sovereign governments of sovereign citizens jointly control the value of their monetary system through social regulation, not by comparing their free monetary system to some outside system. Therefore, the value of the Earth credit and the Earth currency can be established by definition.

A basket of measured commodities linked to the value of an hour's worth of labor is one way to define the value of a monetary system's unit. The selection of items for the basket is somewhat arbitrary, but one can select items that any human being is likely to consume if the particular resources are available. Once determined by law, the valuation can take place. No valuation can take place if no world legislation arbitrarily sets the initial value for the unit. The following basket of 16 measured commodities represents approximately what any adult worldwide on a living wage might be expected to consume or conserve in one day. Therefore, this value is equal to the minimum wage that a citizen can earn in one four-hour day (see World Legislative Act #22, Economic Equity with Global Standards for wages and salaries within the Earth Federation, particularly Act #22, Articles 1, 2, 5, 7 and 9.) The basket is also a small enough basket to be comprehensible and memorable to most adults. The following basket of 16 measured commodities linked to the value of an hour of labor is hereby the basis for the unit of Earth credit or Earth currency:

[(1 kilogram wheat + 1 kilogram rice + 1 kilogram corn + 1 kilogram potato + 1 kilogram manioc + 1 kilogram soya + 1 kilogram peanut + 1 kilogram lentil+ 1 kilogram pea + 1 kilogram garbanzo + 1 kilogram nyam) / 11] + 10 litres of pure, potable water + 1 litre crude oil + [(100 grams iron + 100 grams aluminum + 100 grams copper) / 3] = 1 unit of Earth credit or Earth currency = 4 hours labor at minimum wage (@ ө0.25 units per hour minimum) = 1 day's wage.

A person may obtain other commodities by trade in value, so a person need not personally have any of the commodities in stock in order to conserve value in the monetary system. Future sessions of the Provisional World Parliament or World Parliament may add or remove commodities or change commodity proportions to improve the stabilization of value and the justice of the wage.

The value of the Earth credit or Earth currency may not be adjusted by any external private bank, such as the World Bank, or the International Monetary Fund. Included commodities may only be added or subtracted by the World Parliament. Individuals or representatives who attempt to adversely influence the value of the Earth credit or Earth currency commit unauthorized misappropriation, theft or transfer of world federal property. Unauthorized misappropriation, theft or transfer of world federal property is unlawful (class 3 felony).

* * * * * * * * * *

Adopted as World Legislative Act Number 11 at the third session of the Provisional World Parliament, convened in Miami Beach, Florida, USA, in June 1987.

Amended at the sixth session (Bangkok, 2003) and eighth session (Lucknow, 2004) of the Provisional World Parliament.

Attested: Eugenia Almand

Parliament Secretary

Provisional World Parliament

More information:

tiahoga@prodigy.net.mx

fax: 52-739-39-51264

govt_rules@yahoo.com

gmartin@radford.edu

www.wcpa.biz

www.worldproblems.net

www.mondparlamento.net

 


 

World Legislative Act Number  12

 

MANIFESTO of 1996

WORLD GOVERNMENT STARTS WITH MORE THAN 70% OF THE EARTH INCLUDED!

 

The Manifesto (proclamation) of the 4th session of the Provisional World Parliament (Barcelona, 1996), was reconfirmed at the 5th session of the Provisional World Parliament (Qawra, 2000). The proclamation comprises the first world legislative attempt at legislative summary of previously adopted world legislation, together with some modification. As such, the Manifesto of 1996 and 2000 was numbered as an omnibus bill and adopted as World Legislative Act #12. It is therefore part of the body of world statutory law. As it is a legislative summary, the Provisional World Parliament recommends that readers go as well to the referred world legislative acts for further clarity and specifications.

 

CONSIDERING THAT

World federal government is already at least 48 years overdue, since it should have been established at the end of the Second World War instead of the delusionary United Nations Organization;

Because of this delay, a devastatingly expensive nuclear arms race of followed, resulting in extreme insecurity for all the inhabitants of Earth, spreading permanent or long-term radioactive poisoning of the environment, while hundreds of wars have raged and dozens continue at this moment;

During the tenure of the United Nations, almost all individual nations, both large and small, new and old continued to arm with the latest technology for war and destruction, which has robbed all people of all countries of nearly all social wealth and vast resources that could otherwise have been used to serve peaceful human needs, while guns and violence spread everywhere.

Environmental destruction and degeneration has taken place almost everywhere, on land, in the sea, and in the atmosphere—gravely threatening Earth's food supply—and is rampaging across all continents because no agencies of global scope are in control;

In particular, climate changes of catastrophic consequences have begun, due to multiple uncontrolled factors, including: the continued burning of fossil fuels which adds daily to the climate changing load of carbon dioxide in the air; destruction of the rain forests and of the phytoplankton in the oceans, which are together the principal lungs of Earth and necessary for survival of the people of all lands; and the universal depletion of soil fertility;

Meanwhile, most of the people of Earth are condemned to live in poverty, squalor and spreading diseases because of the prevailing global economy organized to maximize profits, under which the gap in incomes becomes ever greater between the minority of affluent people and the great majority of deprived people in most of the countries of Earth;

Instead of expanding opportunities for good living, life on Earth for most people is fraught with multiple and simultaneous problems and crises situations, of diverse sorts too numerous to list here, that continue to accumulate and become worse with no way to arrive at good solutions.

Into this scene, because of continued lack of direction for human civilization on Earth, thousands of protest movements and hundreds of proposals to remedy the situation have multiplied over the years, resulting in great confusion about what to do.

Therefore—

We believe the time has come for very decisive action to cut through the confusion and delay to establish positive direction to get the common affairs of the inhabitants of Earth under responsible and democratic controls for the mutual and equitable benefit of everybody: This requires democratic federal world government.

For this purpose, a Constitution for the Federation of Earth has already been prepared by delegates from all continents, working in four sessions of a World Constituent Assembly from 1968 to 1991. The Earth Constitution is ready for immediate ratification and implementation, to replace the grossly defective U.N. Charter which does not represent the people and has very limited abilities to solve or mitigate any problem.

Accordingly, to begin Federal World Government under the Earth Constitution, the delegates from non-governmental organizations, meeting together in the Fourth session of the Provisional World Parliament, organized under Article 19 of the Earth Constitution, do hereby proclaim and take the following action:

1. By this Manifesto of 1996, acting on behalf of all inhabitants of Earth, Provisional World Government hereby takes possession of all oceans and seabeds of Earth from 20 kilometers offshore of all land masses and island territories of existing nation-states, thus comprising at least 70 percent of Earth for the beginning of World Government, but reserving the first 200 miles offshore for the priority fishing rights of adjoining countries.

Provisional World Government also takes possession on behalf of all inhabitants of Earth the territory of the Southern Polar Area, known as Antarctica, together with all other territories and islands that are not already claimed under the recognized ownership of nations; and together with all airspace above the oceans and Antarctica, and all stratospheric space of Earth above the nations and oceans, and together with Earth's moon

Provisional World Government takes this action in accordance with Article 16, Section A, of the Earth Constitution, which defines World Territory; and as a supplement to the implementation of World Legislative Act Number Three for the ownership and administration of the oceans and seabeds adopted on 12th September, 1982, by the first session of the Provisional World Parliament, which takes precedence over any later conflicting claims to the oceans and seabeds.

2. Provisional World Government further invites and urges all nations and national governments wanting to share the benefits to be derived from administration of the oceans and seabeds as the common heritage of humanity, and wanting to enjoy all of the manifold benefits to be achieved under World Federation and World Government as provided by the Earth Constitution, to quickly join the Earth Federation by ratification of the Earth Constitution, thus joining together under a Federal World Government that starts immediately comprising more than 70 percent of Earth's surface and may include 90 percent of Earth's surface within a short time.

Each nation that joins may immediately select a delegate or delegates to the House of Nations of the World Parliament, and shall arrange for elections by the people to the House of Peoples of the World Parliament, working in conformance with the agencies of the World Government, as provided by the Earth Constitution and World Legislation. Both Houses shall convene as the First Regular Session of the World Parliament for World Government as soon as 25 nations have ratified the Earth Constitution, together with a duly composed House of Counsellors.

Until 25 nations have ratified, the delegates to this fourth session of the Provisional World Parliament shall serve as the Provisional World Parliament of a Provisional World Government, and shall expeditiously begin the administration of the oceans and seabeds and all other world territory claimed under this Manifesto.

3. As a first action of Administration, in order to help rid the Earth of nuclear weapons and all weapons of warfare, so that a peaceful world society to serve human needs may be developed, we do hereby uphold the prohibition of transport by ocean or through the airspace above the oceans or through the stratosphere above national airspace, any and all nuclear weapons and components, any and all weapons of mass destruction, all chemical-biological weapons, all other weapons listed in the prohibition appendix in World Legislative Act Number 1, all ammunition and supplies and parts for unlawful weapons, all means used for the delivery and transport of such weapons, and all soldiers, marines, officers, pilots and all other military and support personnel for the use, command, operation, installation and maintenance of unlawful weapons, ammunition, supplies, and means of delivery and support, applicable against the sellers, buyers, shippers and transporters. Any violations by prohibited movements or transport are unlawful (Class 1 felony). (Directing or commanding transport violation is unlawful (Class 2 felony).

4. As a second action of Administration, to ensure ample financial credit for development, for industrial and commercial enterprise, for social and public services, and for the care of the global commons, including both public and private projects and endeavors, we immediately activate World Legislative Act Number 11 (as amended) for an Earth Financial Credit Corporation, by pledging the total wealth of the oceans and seabeds, Antarctica, the Earth's Moon and solar system space behind all creation of financial credit per World Legislative Act #11.

Revolving lines of credit extend to each country or nation ratifying the Earth Constitution, on the basis of not less than ө50,000,000 units (about 1987 U.S. $1 billion) for each million population. Credit limits by World Legislative Act # 11, in Earth credits or Earth currency, become immediately available by the ratification. Credit lines are available to use immediately for any domestic goal, and to be able to use in the world trade everywhere the new Earth credit system is accepted.

There is no requirement or priority for privatization. The public sector has full access to financial credit for legitimate purposes and to guarantee full employment for all. Credit under this section of the Manifesto may never be used for military purposes or for production of energy by nuclear reactors or the burning of hydrocarbons.

Apart from both the immediate and long term benefits of supplying ample financial credit for all peaceful endeavors to supply human needs, and to sustain full employment at good standards of living for everybody while protecting the environment, an immediate purpose of this section of this Act is to free all countries and peoples from the financial limitations, forced restructuring and austerity regulations imposed by the International Monetary Fund, the World Bank and other financial sources and to free nations and peoples from the fear of being cut off from current financial sources when they join the Earth Federation.

5. As a third action of Administration, Provisional World Government hereby activates World Legislative Act Number 6 (as amended) for an Emergency Earth Rescue Administration, to cope with the onrushing global crisis, and at the same time solve or help solve dozens of other environmental problems.

When World Legislative Act Number 6 was adopted at the second session of the Provisional World Parliament in 1985, the climate crisis was being unscientifically interpreted and reported as "average global warming" that was expected to melt ice caps and raise sea levels over a hundred years or so. The true nature of the climatic crisis is seen when measured not by averages but as a differential greenhouse effect, or out-of-phase greenhouse effect, with rising temperatures at lower latitudes and lower inland temperatures at higher latitudes, due to the conveyance of moisture evaporated from warming oceans and land at lower latitudes, and brought to the higher latitudes where the moisture condenses, forms cloud cover, then precipitates as rain and then increasing snow. This is what is actually happening.

The recent revelations by study of ice cores retrieved from Greenland and other locations, showing weather and temperature changes over 200,000 years or more, are conclusive evidence of sudden and extreme climate changes when an interglacial period ends and a glacial period begins, thus upholding the thesis defined in World Legislative Act Number 6.

To prevent the sudden and catastrophic climate changes of this kind, which may be expected at the end of the current interglacial period that has already lasted about 11,000 years, during which all of human civilization has taken place, World Legislative Act Number 6 stipulates a series of emergency actions designed to recapture the excess amount of climate-changing carbon dioxide in the atmosphere, together with numerous other remedial actions, that together may sustain and continue the friendly climate conditions of the present interglacial period, and prevent the quick onset of another long-lasting ice age. Unless the climate changing process, already underway, is quickly reversed, agricultural production over much of Earth may become so disrupted that the human carrying capacity of Earth may be drastically reduced and so result in the starvation of many hundreds of millions of people (or even several billion) in a very short time, with the consequent reduction of modern civilization to further chaos.

Because of the enormity of the climate crisis, which is global in scope and threatens the lives and welfare of everyone on the planet, a globally coordinated rescue campaign is necessary that will require an allocation of ө50,000,000,000 (about a trillion 1996 U.S. dollars.) or more, per year for the next 50 years, employing all available personnel. We urgently direct that the national governments of all countries immediately join the Earth Federation by ratifying the Earth Constitution, so that World Legislative Act Number 6, and any needed supplementary world legislation, can be rapidly and fully implemented.

6. As a fourth action of administration, the Provisional World Parliament designates a standing Parliamentary Commission on Disarmament, as specified in World Legislative Act Number 1, and begins the process of appointing 50 Trustees to the World Disarmament Agency, to be completed by the Provisional World Cabinet defined under item eight of this Act.

The World Disarmament Agency shall proceed as rapidly as possible to establish the full institutional machinery for the rapid implementation of World Legislative Act Number One (as amended), including: Arrangements for the rapid and universal immobilization, dismantling and elimination of weapons of mass destruction, or conversion to peaceful uses if practical; in particular, to establish the procedures and means for global supervision for the complete and speedy dismantling and elimination of all nuclear weapons of all nations, employing scientific and engineering personnel already prepared for this work; and the monitoring of all shipments of weapons, munitions, military supplies and personnel, etc., as defined and prohibited by world legislation.

7. This fourth session of the Provisional World Parliament enacts provisions for a Global Energy Administration. Priorities of the Global Energy Administration, related also to the work of the Emergency Earth Rescue Administration, and including a division for the work of the World Hydrogen Energy System Authority defined by World Legislative Act Number 10 are as follows:

7.1. To eliminate as quickly as possible the burning of fossil fuels for energy, and to stop all the nuclear energy plants as quickly as possible;

7.2. To launch and carry out a program of billions of units of credit for the research, the development and construction, to substitute fossil fuels and nuclear energy by solar energy, hydrogen power, magnetic power, and other sure sources of energy in the environment for;

7.3. To build a super grid of electric power connecting the majority of the parts of the Earth for effective provisioning of electricity inexpensively, as envisaged by Buckminster Fuller, but with safety measures to protect the people against the possible harmful effects of radiation, for example, by the transmission of electricity in conduits to prevent external radiation or adverse ionization of the atmosphere.

7.4. To quickly eliminate all the oil wells in sea.

8. Like sixth action of this Act, we establish a standing Provisional Worldwide Cabinet, to serve three years terms until replacement after 25 countries have ratified the Earth Constitution, in accordance with article XIX of the Earth Constitution. Provisional Ministers (Commission Chairs), ministries (Standing Commissions), services and agencies for the initial election and selection, with other implementations as soon as possible, include the following:

Oceans and seabeds

World Disarmament Agency

World Financial Administration

Emergency Earth Rescue Administration

Global Energy Supplies

World Food Supplies

Human Rights and the World Ombudsmus

World Water Supplies

Atmosphere, Space and Moon

World Boundaries and Elections Administration

Other Agencies of the Integrative Complex

9. As a seventh action, the Provisional World Parliament elects a continuing Provisional Presidium for the Provisional World Parliament, and ensuing Provisional World Government, to serve until replacement under the provisions of the Earth Constitution, and to continue until 25 countries have ratified the Earth Constitution, as defined under Article 19, Section D. of the Earth Constitution.

10. For locations to carry out the administration of the provisions of this Act, and to begin the functions of the Provisional World Government, in conformance with Article 15 of the Earth Constitution, the Provisional World Parliament directs the Presidium to designate locations with five continental areas of Earth as the first five World Federal Zones.

Approved as resolution at the fourth session of the Provisional World Parliament, meeting 1996 at Barcelona, Spain.

Reconfirmed as World Legislative Act Number 11 at fifth session of the Provisional World Parliament, meeting 2000 at Qawra, Malta.

 


 

World Legislative Act Number 13

World Peace Act

 

Whereas world peace is a process and a product at the same time,

Whereas prior legislation of the Provisional World Parliament prohibiting nuclear weapons and other weapons of mass death and destruction and creating a World Disarmament Agency was necessary;

Whereas explicit definition of legal and unlawful actions is the logical next step in establishing a protocol for individuals and organizations regarding ownership or use of weapons of any kind;

In order to discern between those individuals and organizations that have a legitimate claim to any weapons from those who do not have any possible legitimate claim;

And in order to justly expedite the full implementation of the World Disarmament Agency and World Legislation;

Be it enacted by the Provisional World Parliament:

Article 1. Abbreviation. For brevity, the term "weapon of mass death and destruction" abbreviates to " WMD". The plural form is "WMDs". Weapons of Mass Death and Destruction are defined in the Appendix of World Legislative Act Number One.

Article 2. Prohibitions. Prohibitions defined by this Act take effect immediately from the date of adoption by the Provisional World Parliament.

2. 1. It is unlawful to finance any WMDs or WMD conveyances. It is unlawful to own or finance maintenance or production facilities for WMDs or WMD conveyances. (class 5 felony)

It is unlawful to broker the finance of WMDs or WMD facilities, or to broker the ownership of any activity that violates World Legislation (class 6 felony).

Stock trading in WMDs is unlawful (class 5 felony). Financial instruments that finance unlawful activities are unlawful, whether stocks, futures, derivatives, bonds (public or private), mutual funds, or other instruments. Possession, trade, brokerage or harboring of unlawful financial instruments is unlawful, even if only a part value of the financial instrument finances the unlawful product or activity. (class 5 felony; brokerage, class 6 felony) It is unlawful to accept unlawful financial instruments as collateral in the determination of credit (class 5 felony).

The World Disarmament Agency will maintain lists of alleged noncompliant corporations. The responsibility to know the activities of firms and governments to maintain compliance with World Legislation rests with the individuals involved in the financial transactions.

2.2. To represent WMDs, as a governmental representative or corporate agent of any kind, through any governmental body, non-governmental organization, treaty organization, or any other institution is unlawful (class 7 felony). To attempt to negotiate as though one has possession or control over WMDs is unlawful. (class 7 felony). Representation as control of WMDs in the Security Council of the United Nations is unlawful (class 7 felony). . Defense attorneys under the jurisdiction of the Provisional World Court or World Court may legally represent suspects alleged to have violated world legislation, as legal representation of suspects is not the representation of the prohibited armaments, per se.

2. 3. Funding of WMDs, of WMD production facilities or of WMD management facilities is unlawful, with enforcement applicable against individuals who commit unlawful appropriations or attempted unlawful appropriations (class 7 felony). . Funding any unlawful activity as described by World Legislation is unlawful (class 7 felony). . Voting for unlawful funding at any level of government or business is unlawful, whether or not the unlawful funding measure passes, with enforcement process applicable to the individual voting for the funding (class 6 felony). . To attempt funding of WMDs is unlawful, whether at any level of government or business, with enforcement measures against any individual who makes or supports the unlawful motion (class 6 felony). .

2. 4. It is unlawful to direct persons to violate World Legislation, whether by management, supervision or otherwise, even though directing persons themselves may not have immediate contact with WMDs. (one felony level above the level of the violation).

2. 5. To threaten to use WMDs or to threaten to develop WMDs, is unlawful, whether or not WMDs are actually possessed and whether or not the violator has means to use or develop WMDs. (threatening use - class 6 felony; if not possessed - class 5 felony

threatening development - class 5 felony; if no means - class 4 felony ).

2. 6. It is unlawful to give military assistance or military defense to anyone who violates World Legislation, whether by international assistance, funding, training or any other sort of aid (same classification level as the offense of the respective other violator.)

2. 7. It is unlawful, at any level of production, to advertise for the sale, manufacture or use of WMDs, whether the advertiser works as an artist, graphic designer, photographer, manager, printer, salesperson, marketer, publisher or in any other position of the advertising process (class 5 felony) .

2. 8. Bunkers from where WMDs are controlled, built, managed, operated or stored are unlawful. To plan, construct, maintain, use or inhabit unlawful bunkers is unlawful (class 5 felony). This Act mundializes bunkers and declares bunkers the common property and heritage of the people of Earth. The Earth Federation has jurisdiction over all activities that take place in bunkers, and will determine in each case whether a bunker will be used as a historical World Museum, be put to some other nonmilitary use, or be dismantled and filled in .

2. 9. It is unlawful to impede the activities of agents or citizens of the Provisional World Government and World Government who are implementing or enforcing World Legislation (class 3 felony). It is unlawful to attempt to obstruct the apprehension or prosecution of persons who violate World Law under the Earth Constitution (class 3 felony). . It is unlawful to impede the free travel of delegate Members to the Provisional World Parliament and World Parliament (class 3 felony). It is unlawful to impede operating legislatures under the Earth Constitution (class 3 felony)..

2. 10. The use of any weapon suitable for law enforcement purposes to violate World Legislation is unlawful. Without discharge (class 2 felony). With discharge (class 3 felony).

2. 11. Any accident of WMDs, or WMD conveyances, causing mortalities, injuries or property damage, is not an Act of God, if the respective national government(s) and the respective national military have not ratified the Earth Constitution. If a supposed accident is not clearly intentional, the World Court may consider deaths negligent homicide or manslaughter. Both the Criminal and Civil World Courts of the World Government may adjudicate the case against any individual, indicted under World Law, including the head of the respective national government where the incident takes place or originates Accidents without ratification (determined intentional -class 7 felony); negligent homicide - (class 3 felony); manslaughter (class 2 felony).

2. 12. No nation, corporation, group nor individual may transfer any armaments suitable for law enforcement purposes, to any entity that has not ratified the Earth Constitution, whether nation, corporation, group or individual. Preliminary ratification by receivers suffices only for respective government sectors. To legally protect the providers of arms transfer, providers must verify that personal receivers of arms transfer personally ratify the Earth Constitution. (class 1 felony).

Legal transfer of weapons suitable for law enforcement is to entities, whether nations, corporations, groups or individuals, that have preliminarily ratified or finally ratified the Earth Constitution, and that otherwise adhere to World Legislation, even if the entities reside within an area, whether nation or region, that has not preliminarily or finally ratified. The World Disarmament Agency and the Enforcement System must monitor and regulate transfer of any armaments.

2. 13. The World Disarmament Agency (WDA) and the Enforcement System shall register, monitor and regulate transfer of dual-use materials, such as explosives or raw chemicals useful for explosives or weapons. The WDA may restrict transfer of dual-use material from any national administration, corporation, group or individual. Enforcement of this provision shall consider the actual use of the respective dual-use material, and shall abide by these provisos :

2.13.1. This Act recognizes economic sanctions, such as military blockades against nations or peoples, as a particularly inhumane form of warfare. Blockades are unlawful, including blockades initiated by the World Government, the United Nations, or any other body (class 4 felony)..

2.13.2. To restrict transfer of dual-use materials, an enforcement official must present a legal warrant or injunction from the World Attorneys General, effective against the transporter, bearer or receiver of the materials. Water, food, medical supplies, sanitation supplies and educational supplies are exempt from restriction.

2. 14. This Act mundializes, declassifies and places in the public domain any intellectual property promoting actual or planned WMDs, striking rights to WMD property from any individual, corporation, national government or other group. The Provisional World Government and World Government shall not provide any protections for former rights claimed. This Act dishonors and does not recognize any requirement for payments of royalties for the former purchase, lease or use of WMD property. WMD intellectual properties denied protection include advertisements, marketing, diagrams, plans, instructions, books, journals, private reports, operation software or other publications. Classification of intellectual property promoting actual or planned WMDs, or the maintenance of that classification is unlawful (class 1 felony).

2. 15. Borrowing or lending for the violation of World Legislation is unlawful(class 5 felony). It is unlawful to accept unlawful financial instruments as collateral in the determination of credit for loans.

(class 3 felony). Loans formerly extended to purchase unlawful weapon systems are a special case. The World Court may decide in favor of the lender or of the borrower of such loans, or in favor of a mutual settlement, depending on whether the lender or the borrower is first in ratifying the Earth Constitution. The World Court may decide against both the lender and borrower, in some cases. Lenders who have formerly made loans to finance WMDs may petition to have the agreement upheld by the Court, if the lending institution ratifies the Earth Constitution, and simultaneously agrees to allow no further finance for unlawful weapons or for financing persons and groups violating World Legislation. Borrowers who have formerly taken out loans to finance WMDs may petition to have the loan agreement stricken down by the World Court, if the borrower simultaneously ratifies the Earth Constitution, affirms or swears to have dismantled any WMDs still in the borrower's possession, and abides by World Legislation.

In either case, no party to such a dispute may continue to plan, manufacture or transact business for WMDs.

If a lender and borrower simultaneously or nearly simultaneously apply to enforce this section, the World Court may decide a compromise payment plan. To ensure fairness in the implementation of this section, the applying party must notify the other party of the applying party’s intent to pursue this legal course of action. Notice must be made by return-receipt certified mail from the Court, with the applying party paying for the cost. In no case will the Court decide in favor of a party to this dispute when more than three months elapse from the time of this court proceeding before the adversary ratifies the Earth Constitution.

2. 16. Design and production of exclusively identifiable portions of WMDs are unlawful (class 1 felony). Persons or governments may display inoperable portions of disassembled unlawful weapons for museum purposes, if the persons or governments register the portions with the World Disarmament Agency (WDA), unless the persons or governments display the inoperable portions in a threatening or unsafe manner, as defined by the WDA.

2. 17. It is unlawful to use intelligent animals, such as dogs, cetaceans, apes, et cetera, to aid violation of World Legislation (class 1 felony)..

2. 18. Disruptions or interference in telecommunications, whether of Internet, broadcast or paper mails, is unlawful (class 1 felony). This provision does not prevent the Enforcement System of the Earth Federation from taking action if the World Court issues injunctions against violators committing disruptions, interferences or incitement to armed insurrection. Likewise, this provision does not prevent the enforcement and financial credit agencies of the Earth Federation from taking action if the World Court authorizes freezing or dissolution of assets.

2. 19. Software programming for operation of WMDs is unlawful (class 2 felony).

2.20. Designing machine viruses is unlawful (class 1 felony). Plans to use machine viruses in warfare are illegal (class 1 felony). This provision does not prevent the Enforcement System and financial credit agencies of the Earth Federation from taking action if the World Court authorizes seizure of programs or of records or freezing of assets.

2. 21. Conscription is unlawful:

Resulting in death or permanent injury of conscripted, not minor (class 3 felony); Resulting in no known death or permanent injury of conscripted, not minor (class 2 felony); Resulting in the death or permanent injury of a conscripted minor (class 4 felony); Resulting in no known death or permanent injury of a conscripted minor (class 3 felony)..

2. 22. Tampering with records of Provisional World Government or World Government is unlawful

Provisional World Government (class 1 felony);

World Government (class 3 felony).

2.23.1. Request, or placement of bids for reconstruction for war damage not yet done is unlawful (class 6 felony);

2.23.2. Honoring of bids for reconstruction for war damage

not yet done (class 5 felony). The Earth Federation shall administrate any post-war reconstruction in places where there is preliminary or final ratification of the Earth Constitution.

2. 24. The Geneva Convention is recognized as an international set of rules for conducting war. Therefore the World Court may not recognize all Geneva Convention provisions as binding for a legal defense.. Specifically, Geneva Convention provisions that allow targeting of civilians "if necessary" is stricken and not recognized as any part of World Law of the Earth Federation. Transitional national military must not target civilians (class 3 felony).

2. 25. Additional Classifications. Additional penalty classifications for various types of crimes related to weapons of mass destruction, war crimes, crimes against humanity and crimes of genocide, are listed in World Legislative Act #19, for the Criminal Code Penalty Classification (Short title: Penalty Classification)

Article 3. Responsibility. 3. 1. The Board of Trustees of the World Disarmament Agency determines the organization and functioning of the World Disarmament Agency according to World Legislation and the Earth Constitution, while at all times responsible to the Cabinet and Parliament. No Nation nor the Security Council of the United Nations Organization nor any other organization may have veto powers in the decisions of the World Disarmament Agency. The World Ombudsmus may appeal decisions to the Appellate Bench of the World Court. Decisions of the Appellate Bench of the World Court are final.

3.2. On preliminary ratification of the Earth Constitution by national governments of the United Nations Security Council, the respective members of the Security Council may make regular reports, and may make recommendations to the Board of Trustees of the World Disarmament Agency, to the Provisional World Parliament, to the World Parliament, and to the Enforcement System of the World Government.

Article 4. Implementation 4. 1. After 180 days from the adoption of this Act by the Provisional World Parliament, the World Attorneys General may issue warrants for the apprehension of persons reasonably suspected of violating World Legislation. Officers of the Enforcement System may bring warranted suspects before the World Courts established under the Earth Constitution, for appropriate trial and disposition. Implementation does not require the prior finished process of global ratification, nor does World Legislation require consensus from each transgressor before the initiation of legal proceedings and enforcement actions.

4.2. During the First Stage of World Government, the World Government may require Police to enforce World Legislation only within geographical areas already under the jurisdiction of the World Government (the oceans, Antarctica, space and within areas that have given preliminary or final ratification to the Earth Constitution.)

4. 3. Statutory Assessments of Enforcement Actions for Violation of World Legislation

A primary guideline in the sentencing of convicts will be for restitution toward victims of the crime. The World Court may identify victims as individuals, groups or as the entire populace of Earth. The World Attorneys General may seek partial restitution if full restitution is clearly not possible.

Another primary guideline is to apply enforcement that reduces the likelihood that the convict can repeat the crime committed. The penal code shall designate the least punitive measures that will best meet these primary guidelines. If it appears to the World Court that recidivism is unlikely, the World Court may not issue a sentence of imprisonment. Furthermore, the basis for any enforcement action is victim restitution and public protection from recidivism, rather than vengeance.

4.3.1. The Enforcement System or World Court may levy enforcements for violation of World Legislation, including public advisory, warnings, interceptions, injunctions, civil fines, garnishments, probations, house arrest, parole, internal exile, terms of imprisonment up to life imprisonment, denial of credit and permanent forfeiture of personal assets, excluding a minimum necessary for reasonable decent living.

4.3.2. Mitigating circumstances. A bench of the World Court may assess some enforcement action or grant leniency to violators of World Legislation according to these provisos:

The World Court may show leniency to convicted violators, including probation, reduced fines and reduced terms of imprisonment:

To violators of World Legislation who ratify the Earth Constitution, cease violation of World Legislation and come forward before arrest;

To violators of World Legislation who are apprehended, but can prove that they have ratified the Earth Constitution and ceased to violate World Legislation before such arrest;

To violators of World Legislation who are apprehended, ratify the Earth Constitution during arrest, and agree to abide by World Legislation; or

To violators of World Legislation, particularly minors, who can show that they were operating under conscription to violate World Legislation.

4.3.3. Aggravating circumstances. The World Court may be less lenient for certain violations. The World Court may assess more stringent enforcement measures including terms of imprisonment up to life imprisonment, internal exile, loss of all credit, and the loss of personal assets (excluding a minimum necessary for reasonable decent living), for these offenses:

Armed resistance to the implementation of World Legislation;

Interference in the arrest or prosecution of other alleged violators of World Legislation;

Conscription, particularly in cases of adult violators who are mercenary;

Unlawful transfer of property of Provisional World Government or World Government;

Impeding the travel of delegates to the Provisional World Parliament or to the World Parliament, or impeding operation of World Legislatures;

Tampering with records of the Provisional World Government or World Government.

4.3.4. Extenuating circumstances - This Act recognizes that under some conditions there may be extenuating circumstances. For example, if a violator of world legislation enters one's civil home or living quarters with a weapon of mass destruction, (a grenade, for instance) and the victim uses that WMD in self defense, this is an extenuating circumstance. The World Court may decide that the use of the WMD in that circumstance has justification. The World Court may reduce or drop criminal charges.. Other extenuating circumstances may be, for example, if one uses a rocket propelled grenade from one's home against a military helicopter that is strafing one's family or chemically burning one's garden. Again, the World Court may reduce or drop the criminal charges. If one is a military volunteer or conscripted person, and one's commanding officer is issuing unlawful commands, and one uses a grenade against one's commanding officer, the World Court may reduce or drop the charges. The World Court and World Juries are to consider cases of extenuating circumstances in good faith.

4.3.6. In cases of unlawful finance or brokerage, the World Court must consider the complexity of financial instruments and the degree a given financial instrument violates World Legislation, in the assessment of penalties or restitutions.

4.3.7. To reduce sentence, the World Court may offer to sentence an individual convicted of violating World Legislation, under supervision by the Enforcement System, to decontaminate or de-mine areas damaged by WMDs, or to disassembly of military hardware. Insomuch as possible, the penal system will provide adequate shielding and conditions to carry out this work in a safe manner. The World Government does not unconditionally guarantee safety from any immediate or eventual harm that may occur to convicts as a result of hazardous penal work.

4.3.8. Enforcements for violation of World Legislation shall be progressive. Enforcements for convictions early during the implementation period may be substantially less severe than penalties assessed for later convictions, based on the relative length of time and circumstances since the effective date of the legislation and the judgment of the World Court. The World Court may sentence with greater severity individuals convicted of repeated violations.

4.3.9. The Earth Financial Credit Corporation (EFCC) will compile a comprehensive file with names, pertinent information and a credit schedule on convicted violators. The EFCC will submit each violator’s credit file to all national and international bureaus of credit, notifying credit bureaus that these are convicted violators of World Legislation, and informing the credit bureaus of any unpaid monetary restitutions the convicted violator owes.

4.3.10. 180 days from adoption of this Act, a World Court Civil Bench may adjudicate class-action suits or other civil suits against alleged violators for losses suffered due to violation of World Legislation since the respective date of effect. On conviction, the Civil Court may enforce the payment of settlements from the individual violators, in order to pay restitution to the aggrieved parties and for Court costs.

4.3.11. Criminal code penalty classification is not necessary for the commencing of sentences, until 180 days after declaration of the first operative stage of World Government. (A non-exhaustive criminal code penalty classification is in effect. See World Legislative Act #19, for the Criminal Code Penalty Classification (Short title: Penalty Classification.)

4. 4. 180 days from adoption of this Act, the World Court may declare WMDs properties, whether facilities, grounds or other assets, as property of the World Government under the Earth Constitution, to be administered by the World Disarmament Agency of the Enforcement System.

The World Disarmament Agency will study plans that have already been made by corporations, governments, labor and non-governmental organizations for the peaceable conversion of munitions plants, to lessen disruption to the respective workers and communities. Financial agencies of the World Government may finance conversion plans, if approved by the World Disarmament Agency, for conversion away from production of WMDs to humane, appropriate manufacture. Corporate and governmental conversion projects are subject to supervisory inspection of the World Disarmament Agency. If corporations are cooperative and prompt in the conversion process, assets may not be liable to confiscation by the World Government. Converting corporations may retain Assets. The legal status of respective stocks may be favorably affected, particularly when the judgment of the World Court has not already made a specific ruling against such corporations, requiring confiscation.

The World Court will notify the World Financial Administration regarding any confiscated properties. With the effective date of this Act, any individual attempting unauthorized transfer or accepting confiscated properties outside of World Government jurisdiction is liable for prosecution (class 3 felony).

Article 5. Implementation Notice. The Standing Parliamentary Commission on Disarmament will attempt to circulate this Act to all national governments, to the heads of all national militaries, to the financial markets worldwide, to the delegates and primary offices of the United Nations Organization, along with forms for the ratification of the Earth Constitution, within three (3) calendar months from the adoption of this Act.

If feasible, the Standing Parliamentary Commission on Disarmament will e-mail copies of the Earth Constitution and World Legislation, or will mail write-protected floppy disk versions.

Lack of knowledge of World Legislation, due to notification failure, or due to beginning work before or after this notification, does not release liability of officials, agents, employees or other persons.

As part of the process of implementation, the Provisional World Government directs this Act for compliance by all national governments, parliaments, communities, cities, states, provinces, other political districts, universities, colleges, schools, institutes, labor unions, professional associations, corporations, cooperatives, other businesses, and individual citizens throughout the world. Provisional World Government directs this Act, including any amendments to this legislation and any actions arising from it, to the United Nations Center for Disarmament.

Each National Government or National Parliament that ratifies the Earth Constitution shall uphold the immediate immobilization and defusing of any WMDs under its direction, and shall uphold compliance with World Legislation.

The Standing Parliamentary Commission on Disarmament, the World Cabinet, or the World District Attorneys may compile a list of suspected violators, to include names and personal information, to publish and update periodically, and to be made available at cost to any citizen of the Earth Federation.

Article 6. Implementation Fronts

6.1. As soon as possible, the World Disarmament Agency will plan and operate a global minesweeping program to recover, deactivate and clear mines and abandoned ordnance from all Earth, beginning with the first nations or regions to ratify the Earth Constitution. This minesweeping program will be under the direction of the Board of Trustees of the World Disarmament Agency. The financial agencies of the World Government will fund the minesweeping program.

6.2. For any nuclear weapons that may still exist on the adoption of this Act, the World Disarmament Agency will, if feasible, deactivate any nuclear bombs by following whatever procedure is safest. Deactivation may include filling in the reaction chamber of weapons with the most appropriate wire or other suitable material, using safest methods, to help prevent and lessen the likelihood of detonation. The World Disarmament Agency will then separate the fissile or fusible materials from the explosive detonators, according to appropriate safety guidelines.

6.3. The World Disarmament Agency (WDA) will administrate disbanding of the private armies and paramilitary forces of the world, respecting the rights of individuals involved. The WDA will help the people of armed forces, as much as possible, to redirect personal energies for productive purposes, such as work within the Emergency Earth Rescue Administration, the World Disarmament Agency or the Enforcement System of the World Government. Disbanding of private armies and paramilitary forces does not prohibit legitimate self-defense by citizens of the Earth Federation who have ratified the Earth Constitution. The individual right to uphold the Earth Federation, bearing only arms suitable for law enforcement purposes and civil order, may not be infringed. The Earth Federation agents, representatives and officials shall only develop, keep and bear arms that are legal also, without requirement of citizen permit, registration or display, to the citizens of the Earth Federation.

Article XII of the Earth Constitution does not protect incitement to armed insurrection to interfere with the operation of the Earth Federation. The Earth Federation does not recognize any right of agencies, corporations, organizations or governments at any level to possess weapons of any kind.

6.4. The World Disarmament Agency (WDA) will defuse live bombs at the current deployment sites, if possible, in order to reduce contamination and risks inherent in transportation. The WDA will make conveyances inoperable as quickly as possible.

6.5. As thousands of tons of explosives may be annually required by the indispensable quarry operations of the Emergency Earth Rescue Administration (EERA), the EERA may repack suitable conventional chemical explosives as stick explosives for the quarry works. The World Disarmament Agency will transfer such explosives to the EERA as quickly as possible, under safe conditions. Explosives will be labeled as to exact type and safe handling instructions. The World Disarmament Agency and the EERA will develop common standards for transport conveyances. Safety standard security provisions will be developed to safeguard civilians, personnel and explosives. Officers of the World Government must continually monitor operations involving explosives, using direct inspection and security cameras.

6.6. As an early measure, the Emergency Earth Rescue Administration may conduct studies to determine which missiles, if any, would be suitable for a program of sodium seeding of the ozonosphere, in order to precipitate and thereby remove chlorine, fluorine and other ozone-destructive substances. The Provisional World Parliament or World Parliament must approve respective environmental impact reports before large scale sodium seeding of the ozonosphere may begin.

Article 7. Veteran Benefits and Retirements. 180 days from the adoption of this Act by the Provisional World Parliament, violation of World Legislation may affect veteran benefits and private sector retirement benefits, not to include medical or dental benefits.

7.1. The World Court, along with the World Financial Credit Corporation can require forfeiture of some or most veteran's benefits or private sector retirement benefits for violators of World Legislation after the effective date. Being under orders to violate World Legislation does not exempt an individual from accountability in this regard.

7.2. This Act does not penalize individuals who accrue veteran or retirement benefits without violating World Legislation. The World Government shall uphold veterans' and retirees’ rights to collect owed pensions or other benefits from the respective sources, unless the veteran or employee violates World Legislation.

7.3 Any degree of forfeiture of veteran benefits or retirement benefits must relate to the severity of the respective violations.

7.4 Medical and dental benefits have protection, and may not be withdrawn.

7.5. The minimum requirement for reasonable decent living is protected for all veterans and persons in private sector, without risk of forfeiture.

Article 8. Lethal Munitions. Insomuch as possible, the World Police will not develop, keep nor use more lethal munitions, such as metal bullets, or other munitions which are likely to kill or cause permanent injury upon customary use. By the date of declaration of the full operative stage of the World Government under the Earth Constitution, all local and national governments and the World Police force will turn over any remaining government-owned more lethal munitions to the World Disarmament Agency for dismantlement or permanent conversion to less lethal function. For the purposes of World Legislation, less lethal function means that forensics could show that under ordinary, proper use, a less lethal munition is generally unlikely to kill nor to cause permanent physical injury. (Examples of less lethal munitions are bean bag shot, plastic bullets, sedative shot, and milder chemical irritants.) On request of the deliverer, the World Disarmament Agency will immediately replace any more lethal munitions turned in, by less lethal munitions of similar caliber, if the deliverer reaffirms support for the Earth Constitution and World Legislation. The Earth Federation will bear the costs of this exchange. At the full operative stage of the Earth Federation, world government agencies and agents, as well as the member nations and governments that comprise the Earth Federation, may not develop, keep, nor use any munitions of more lethal design. Nor shall private, for profit corporations manufacture more lethal munitions in a society where the right to self-defense is guaranteed and where government is safely accountable, on a leash with no standing armies.

Observing the principle of the human right to individual self-defense, this prohibition applies to more lethal munitions in the public, governmental sector, and in the corporate sector. There is no prohibition against individual self-defense if circumstances warrant individual self-defense.

Beginning at the first operative stage of World Government, private citizens wishing to exchange more lethal munitions for less lethal munitions of similar caliber may exchange with the World Disarmament Agency, if the deliverer reaffirms support for the Earth Constitution and World Legislation. Replacement must be immediate, on acceptance of the voluntary delivery of the more lethal munition. The Earth Federation shall bear the costs of munitions exchange.

Article 9. Incentives.

In order to expedite and to give credibility to the program of the World Disarmament Agency, the Provisional World Parliament encourages munitions manufacturers to rapidly convert to intensive production of less lethal munitions (munitions that are designed to ordinarily not kill nor cause permanent physical harm under proper use). Munitions manufacturers who ratify the Earth Constitution and who submit a plan of rapid conversion to the production of less lethal munitions, may be eligible for subsidized contracts with nations that have ratified the Earth Constitution, and for subsidized contracts with the Enforcement System of the World Government according to the Earth Constitution.

From the date of adoption of this Act, to the full operative stage of World Government under the Earth Constitution, discount sales of less lethal munitions and less lethal weapons systems to the national militaries that have ratified the Earth Constitution, and to the Enforcement System of the World Government, may accrue a bonus, which may be of double the discount, or more, to be paid by the Treasury of the World Government over a twenty-year period, such bonus repayment to start at the declaration of the full operative stage of World Government. The respective manufacturer will determine discounts. For new bonuses, whether in excess or below double the discount, the World Disarmament Agency, the World Government Funding Corporation, and the Earth Financial Credit Corporation may recommend bonus limits, which the Provisional World Parliament or World Parliament will confirm as a ratio, by simple majority vote. The initial bonus ratio is 2.

Article 10. Limitations. There is no statute of time limitations for the prosecution of violations of World Legislation. The right to no ex post facto prosecution remains, as per Article XII, Item 14 of the Earth Constitution.

 

adopted as world statutory code World Legislative Act Number 13  Approximately 10:00 am Thai Time  26 March 2003

Attested: Eugenia Almand, Secretary  Provisional World Parliament

 


 

World Legislative Act Number 14

World Security Act

To Create an Office of World Attorneys General Pro Tempore including Major Departments of the Enforcement System

 

Whereas the Enforcement System defined by the Earth Constitution is one of the seven basic vital organs of the emerging Earth Federation;

And whereas the Earth Constitution promises equitable, just and humane individual enforcement of all World Legislation;

And whereas twenty years of campaigning to eradicate nuclear weapons and other weapons of mass destruction through the promotion of world legislation has been virtually ignored by individuals interested in maintaining the nuclear world state;

And whereas enforcement of World Legislative Act Number One, to Outlaw Nuclear Weapons and Other Weapons of Mass Destruction and to Create a World Disarmament Agency, as well as other World Legislation, requires an integrating system which follows the guidelines of the Article X of the Earth Constitution, and in particular the Article X., Section D.1. provision for enabling legislation;

Therefore,

Be it enacted by the Provisional World Parliament:

Article 1.

This Act creates an Office of the World Attorney General Pro Tempore, including a Commission of Regional World Attorneys and major departments of the Enforcement System.

Article 2.

To begin operation, the Provisional World Parliament nominates as many as five World Attorney Generals Pro Tempore (WAGPT), and as many of twenty Regional World Attorneys Pro Tempore (PRWAs) as is feasible. The World Attorneys General Pro Tempore and the Regional World Attorneys Pro Tempore hold office until replaced by the Provisional World Parliament or World Parliament. The position of the lead World Attorney General Pro Tempore rotates according to the specifications of Article X.B.5 of the Earth Constitution.

Article 3. Integration of the World Attorneys General and the World Disarmament Agency.

Since there is close similarity of function between the Office of World Attorneys General and the World Disarmament Agency, this Act integrates structure and roles of the respective organizations.

In order to integrate the operation of the World Disarmament Agency and the Office of World Attorneys General, the 5 World Attorneys General Pro Tempore must be constitutionally qualified for both the position of Minister of Disarmament as well as that of World Attorney General During the period of Provisional World Government, the 5 World Attorneys General Pro Tempore shall serve in rotation as Minister of Disarmament, with the lead World Attorney General serving as Disarmament Minister. The World Disarmament Agency Board of Trustees sets policy regarding disarmament processes of the Enforcement System, in accordance with World Legislation and the Earth Constitution.

Article 4. Enforcement System Structure.

4.1. The Office of World Attorneys General Pro Tempore will develop and operate the departments of the World Attorney General as soon as feasible. The Office of World Attorney General Pro Tempore comprises the Enforcement System, with 5 major departments according to the functional guidelines from Article X.B.8. of the Earth Constitution:

Department of Investigation

Department of Apprehension & Arrest

Department of Prosecution

Department of Remedies & Correction

Department of Conflict Resolution

4.2. To coordinate operation, each of the 5 major departments of the World Attorneys General maintains liaison offices with each agency of the Integrative Complex. Each major department of the Enforcement System may establish liaison offices with other world agencies, including agencies specified in Article 4., Sections 3., 4., 5., 6., and 7., of this Act.

4.3. From civil service lists, the World Attorneys General shall elect a World Detective to direct the Department of Investigation. From civil service lists, each Regional World Attorney shall appoint and direct a Regional World Detective, for a total of 20 Regional World Detectives. The Department of Investigation performs these functions:

4.3.1. Maintain and operate forensic laboratories;

4.3.2. Recommend warrants to be issued from the Regional World Attorneys or from the World Attorneys General;

4.3.3. Help determine need for paired ratification & compliance;

4.3.4. Maintain Liaison Research Offices with each campus of the World University System; and

4.3.5. Maintain Liaison Offices with the World Commission on Terrorism.

4.4. From civil service lists, the Office of World Attorneys General shall appoint a World Police Supervisor to direct the Department of Apprehension & Arrest. The World Police Supervisor shall direct twenty Regional World Police Captains. The Department of Apprehension & Arrest performs these functions.

4.4.1. Training;

4.4.2. General Operations;

4.4.3. Impoundment;

4.4.4. Records; and

4.4.5. Special Weapons & Tactics.

4.5. The World Attorneys General, together with the 20 Regional World Attorneys, direct the Department of Prosecution, to perform these functions:

4.5.1. Formulate cases;

4.5.2. Prosecute cases;

4.5.3. Manage Internal Affairs;

4.5.4. Seek restitutions; and

4.5.5. Seek public protections.

Section 4.6. From civil service lists, the Regional World Attorneys appoint a Commissioner of Remedies and Correction to direct the Department of Remedies & Corrections. The Department of Remedies and Correction performs these functions:

4.6.1. Maintain Liaison Offices with the World Disarmament Agency;

4.6.2. Maintain Liaison Offices with the Emergency Earth Rescue Administration;

4.6.3. Personnel conversions from military to Emergency Earth Rescue Administration operations, with qualified personnel referred over to the World Police Training Program;

4.6.4. Military transport conversion for Emergency Earth Rescue Administration operations;

4.6.5. Weapon immobilization, defusing, dismantlement and Bomb Squads;

4.6.6. Waste disposal, storage, detoxification and environmental impact assessment;

4.6.7. Liaison to the Earth Financial Credit Corporation for control of convict credit;

4.6.8. Manage sentences of Convicts;

4.6.9. A System for Victim Restitution;

4.6.10. Manage Probation; and

4.6.11. Manage Parole .

Section 4.7. From civil service lists, the Regional World Attorneys appoint a Commissioner to direct the Department of Conflict Resolution. The Department of Conflict Resolution performs these functions:

4.7.1. Arbitrate for current conflicts & paired ratification;

4.7.2. Maintain Liaison Offices with the World Commission on Terrorism;

4.7.3. Educate with a global program of conflict prevention with Liaison Offices at campuses of the World University System.

Article 5. Location.

The location of the first offices of the World Attorneys General may be determined by vote of the World Attorneys General, but subject to adjustment by the Provisional World Parliament and World Parliament. New York City and Los Angeles in the United States may be the locations for the first Provisional Offices of the World Attorneys General.

Article 6. Funding.

No later than when (10) national governments give preliminary or final ratification to the Earth Constitution, the financial agencies of the Provisional World Government shall appropriate funds for the substantial expansion of the World Attorneys General Office. To start off, this Act authorizes the Earth Federation Funding Corporation to disburse to the World Attorneys General Office an annual yearly sum of not more than 5% of the annual world federal budget per year to carry out its work. Less than 5% of the world federal budget may be allotted by the Earth Federation Funding Corporation, if the directors of the Earth Federation Funding Corporation determine that funds in the Corporation are currently inadequate.

Article 7. Supplemental Income.

To help pay operating expenses during the Provisional Stage of World Government, Agents of the Provisional World Attorneys General Office may hold two employments, participating in prosecution or defense of individuals within courts of a lower level of jurisdiction than that of World Government, if in the respective case there is no representation or involvement of the Enforcement System. In representation of the Enforcement System, the World Attorneys General and the Regional World Attorneys may not issue warrants that arise solely from violations at a lower level of jurisdiction than that of World Government. In representation of the Enforcement System, the World Attorneys General and the Regional World Attorneys, may only issue world warrants upon evidence of probable violation of World Legislation. The World Ombudsmus may seek relief, including rectification for damages, from warrants issued by the World Attorneys General Office or Regional World Attorneys, if probable cause has not been shown, or if a charge is below the jurisdiction of the Provisional World Government or World Government.

Article 8. Reports.

In order to integrate the operation of the World Disarmament Agency and the Office of World Attorneys General, the Office of the World Attorneys General will report quarterly and recommend policy to the World Disarmament Board of Trustees. The World Disarmament Agency Board of Trustees will likewise make quarterly reports to the Office of the World Attorneys General.

All major departments of the Office of World Attorneys General shall record their activities, and shall report to the World Police Supervisor and the World Police Detective as well as to the respective Regional World Attorney. The Provisional World Attorneys General will file reports to the Provisional District World Court. Between sessions of the Provisional World Parliament, the World Attorneys General shall report quarterly to the World Disarmament Agency Board of Trustees. The Report must include a record of the development of the Office of World Attorneys General, as well as budgetary projections and policy recommendations.

The Office of World Attorneys General shall prepare a special report to each session of the Provisional World Parliament, World Parliament and to each session of the World Constituent Assembly. The World Disarmament Agency Board of Trustees shall prepare a separate special report for sessions of the Provisional World Parliament and World Constituent Assembly.

Internal Affairs investigates charges or suspicions of unlawful behavior within the Enforcement System. Internal Affairs must report equally to the World Attorneys General and to the World Ombudsmus, which also has investigative powers independent of the World Attorneys General.

This Act directs the Treasury of the Provisional World Government, when established, to pay reporting costs.

Article 9. Official Accountability.

All officials of the World Police Department and World Attorneys General shall be accountable to the People of Earth, and shall owe their loyalty directly to the citizens of Earth.

Police officers shall take an oath or make affirmation of their adherence to the Earth Constitution. Police officials obtain no privilege and have no sovereign immunity at world federal level. However, world legislation prohibiting interference in the activity of world police officers is in effect. This Act requires police officers to yield to additional responsibility and supervision to which private citizens are not bound. In their line of duty, World Police Officers, acting as public guardians, are subject to public surveillance and public scrutiny.

In addition to World Law as established by the World Parliament, the Provisional World Attorneys General may use International Law that is not in contradiction with World Legislation and the Earth Constitution, as precedent in any prosecution.

Article 10. Mandated Reporting in Official Capacity.

This Act mandates World Police Officers to report knowledge or suspicion of official corruption, including peer misconduct, to Internal Affairs. Failure to report knowledge or suspicion of official corruption, including peer misconduct is grounds for suspension, discharge and criminal prosecution. The severity of any disciplinary action must be related to the severity of the misconduct.

Article 11. Registration of Police Weapons.

While on duty, World Police Officers must register any weapons and equipment in official possession, including within vehicles used by the respective Officers. World Police Officers must not carry unregistered weapons in the line of duty.

Article 12. Grand Jury.

The Enforcement System, together with the Agency for Research and Planning shall design weapons of the World Police to control suspects without ordinarily causing permanent injury or death in the application of the weapon.

Permanent injury or death caused by a World Police Officer may be grounds for suspension, transfer to a desk job, and expulsion from the World Police Force.

In cases where there is suspicion of death associated with a World Police Officer’s activities, the World Attorneys General must report the incident to the World Ombudsmus. In cases where there is a suspicion of death associated with a World Police Officer’s activities, the World Ombudsmus must file suit for grand jury in the Provisional World Court or World Court. Officers suspected in a death face a grand jury of 12 to 23 Earth Citizens. The World Ombudsmus is responsible to participate in the supervision of this grand jury selection process, subject to the rules of the World Court. The decision of the Grand Jury requires a simple majority to determine further action. If formal charges are filed, then the decision of a subsequent Jury of 12 randomly selected Earth citizens requires unanimity to determine guilt, but requires only a simple majority for sentencing discipline up to permanent expulsion from the World Police force.

Article 13. Training.

This Act requires the Department of Apprehension and Arrest to provide World Police Officers with in-service education, including physical training. World Police Officers must train to improve knowledge of law enforcement and to maintain adequate physical condition, as determined by the World Civil Service Administration.

Article 14. Least Force Necessary.

Section 14.1. Police officials shall be required to use the least force necessary in the arrest of suspects. Brutality or unnecessary force shall be cause for suspension or expulsion from the police force

The World Police Department Internal Affairs is not the sole agent for responding to occurrence of brutality or unnecessary force. Internal Affairs, the World Ombudsmus and independent citizen’s councils each have a legal role to ensure supervision.

14.2. Definition and Order of Least Force Necessary.

A guiding principle of world law enforcement is that measures not requiring arrest are used in any cases where this is sufficient to end the transgression and to bring about judicial settlement. Examples of measures not requiring arrest include these measures: public advisory; individual warning; interception; impounding of equipment; injunction; direct payment of fines or performance of work to rectify damages; denial of credit; denial of material resources and personnel; revocation of licenses, charters or corporate rights. Where these measures are not adequate or can not be effected without arrest, enforcement shall endeavor to arrest the suspect causing the least physical harm possible.

Any arresting World Police Officer must document in a World Court that a legal warrant had been issued and that the least necessary force was used in effecting any arrest. In an enforcement situation, at first, if possible, the arresting officer may use no force other than persuasion, negotiation and verbal control using a clear, firm, authoritative approach in order to effect the apprehension of a suspect.

If this is not successful, the arresting officer may use minimum force, such as arm bars, wrist locks, grips and other basic hands-on, weaponless guide-alongs and restraints.

When weaponless guide-alongs and restraints are not adequate to subdue a suspect, the arresting person may progress either to stronger weaponless techniques, such as kicks to legs and open-hand blows, or may rely upon mild, less lethal chemical agents, such as pepper spray or mace, which ordinarily cause no permanent harm if properly used. The strongest weaponless techniques may only be used when the other weaponless techniques have not been effective or if there was no opportunity to use

them.

Baton, short stick or flashlight blows may be used only if the above techniques are not adequate. The arresting officer must be able to show adequate prior knowledge of safe baton techniques.

Firearms must not be employed in an arrest unless the less forceful methods have failed or if there is no opportunity to use the less forceful methods in a situation requiring arrest. The arresting officer must be able to show adequate prior knowledge in safe gun handling.

Whatever weapons are carried or used, the arresting officer must be prepared to show prior knowledge in the safe, responsible use of the respective weapons.

(Recommended reference. Not part of act): In this Act, Article XIV., Section B, Order of Least Force Necessary, is derived from

Tegner, Bruce (1986) Defense Tactics for Law Enforcement: Weaponless Defense and Control and Baton Techniques, Revised and Enlarged. Ventura, California: Thor Publications

 

14.3. Civil Empowerment. Behavior of World Police Officers while on duty may be freely audited by both non-interfering private Earth citizens and by the World Ombudsmus, to assure compliance to least necessary force and to appropriate behavior on the part of the Enforcement System. The World Ombudsmus and Earth Citizens may file legal complaints or legal charges, and seek rectification for damages arising from the improper use of weapons.

At which time the World Police begins its formation and forever thereafter, the World Police Force may develop, use and possess only weapons legal to the citizens of the Earth Federation without requirement of permit, registration or disclosure.

14.4. Equipment Restrictions.

Weapons unsuitable for use in typical law enforcement situations may not be used in the apprehension of suspects.

A principle of suitability is that if use of a weapon destroys evidence, it tends to be unsuitable for law enforcement. Evidence is required to determine innocence and guilt in court. For instance, witness testimony is a form of evidence. If a witness is killed, evidence is destroyed. On these grounds, more lethal weapons, that is, those which ordinarily kill upon customary use, tend to be unsuitable for law enforcement.

Weapons unsuitable for government use include these:

Any weapons classified in World Legislation as a weapon of mass destruction;

Blade weapons of any kind, flexible weapons which might cause mortal injury upon impact;

Blackjacks, brass knuckles, saps;

Strap weapons which might easily cause strangulation are unsuitable, except for strap batons, which have been shown less likely to cause strangulation than batons alone when used properly;

All cartridges with bullets designed to explode or fragment are unsuitable, except for such safety bullets designed to be unlikely to cause mortal injury or permanent damage when used properly;

All mortars or launchers are unsuitable for use;

Neither tear gas, stun grenades nor force may be used as a means of crowd dispersal, except in the event of organized armed insurrection, and then only on receipt of a warrant from the World Attorneys General or Regional World Attorneys, describing the individual or individuals who are to be arrested, the alleged crime or crimes, and the evidence for the alleged crime or crimes.

14.5. Recommended Equipment.

Recommended equipment for law enforcement purposes include these weapons:

Handcuffs, other temporary restraints which ordinarily cause no permanent damage when properly used;

Body armor;

Handheld-dispenser pepper spray, handheld dispenser mace;

Softwood batons, hardwood short sticks, flashlights;

Single-action or semi-automatic firearms using less lethal munitions;

Electronic stunning devices of a current/voltage combination that ordinarily do not cause permanent harm when used properly;

Acoustic devices which do not ordinarily cause permanent harm when used properly;

Strap batons which can be shown to be safer and less likely to cause strangulation than ordinary batons in effecting arrest of suspects are recommended;

Safety bullets, designed to impact or fragment without ordinarily producing lethal injury; and

Sedative darts and chemical bullets which sedate, irritate or put a suspect temporarily unconscious, yet ordinarily without permanent harm when properly used.

Article 15. Structure of the World Police.

15.1. Each Region shall maintain an air corps division, a land corps division, a sea corps division, and a space corps division, each using only non-military armaments suitable for law enforcement. The three divisions are under the supervision of the respective Regional World Police Captain.

15.2. Command Structure of the World Police.

Level of organization

Commanding Officer

Approximate Number of Regional Deputies in the level

Partners

Senior Partner

2 or 3

Squad

Sergeant, assisted by Corporal

Up to 19

Platoon

Lieutenant Colonel

Up to 190

Brigade

Colonel

Up to 1900

Regiment

Lieutenant Captain

Up to 19,000

Division

Senior Captain

Up to 190,000

Region

Captain Major

Up to 570,000

 

 

The smallest subdivisions of the World Police Department are World Police Partners, composed of 2 or 3 World Police officers. Next in order, from 2 up to 19 World Police Officers compose a Squad. Squads work together during the duration of their assignments. A World Police Sergeant directs each Squad. A World Police Corporal assists the World Police Sergeant in the management of the Squad. A World Police Lieutenant Colonel directs up to 10 Sergeants in a platoon of up to 190 deputies. A Colonel directs up to 10 Lieutenant Colonels in a Brigade of up to 1900 deputies. A Lieutenant Captain directs up to 10 Colonels in a Regiment of up to 19,000 deputies. A Regional World Police Captain directs up to 30 Lieutenant Captains, in the Region, comprising up to 570,000 deputies. With approval of the World Police Supervisor, the World Police Captains may appoint up to three Senior Lieutenant Captains, to assist the direction of the three regional corps divisions.

15.3. Rotations.

To assist in the prevention of the formation of focal loyalties and consequent conflict of interests, World Police Officers, Partners and Squads are subject to rotation of assignment to various Regions within the Earth Federation. Generally, Squads and Partners disband on the Officers’ rotations. To assist in the placement process, individual World Police Officers of a Squad may all be disbanded and rotated at once, and then individually assigned back out to newly formed Squads in different Regions after a period of paid leave. This rotation may be less frequent during the Provisional Stage and during the first operative stage of World Government. On declaration of the second operative stage of World Government, regional assignments may be no more than 24 months before rotation. Upon the declaration of the full operative stage of World Government, regional assignments may be no more than 18 months between rotations. The Human Resources Liaison to the World Civil Service Administration staggers formation and rotation of World Police Squads to provide continuity of service among the Regions of the Earth Federation. The rotation schedules are subject to review by the World Ombudsmus and the World Court, and are subject to modification by the World Parliament.

16. Warrants.

World Police Officers shall detain or arrest suspected violators of World Law only on receipt of warrants issued, signed and dated by the Office of the Regional World Attorneys, or the World Attorneys General Pro Tempore or the World Attorneys General. Warrants may be delivered by secure certificate via the Internet, or by other secure wireless means.

Search warrants must describe the location of the place to be searched and the purpose of the search.

Arrest warrants must describe the individual or individuals to be arrested, the alleged crime or crimes, and the evidence connecting the individual or individuals to the crime or crimes.

As it is not always possible to know a suspected violators’ name, other positive identification obtained from public domain, such as photograph, video, fingerprints or DNA matches, may serve for identification in the issuance of the warrant.

17. Further Organization.

The Board of Trustees of the World Disarmament Agency may determine the further organization and functioning of the Office of World Attorneys General Pro Tempore in accordance with the terms of this Act and under the Earth Constitution, while at all times responsible to the Provisional World Cabinet and the Provisional World Parliament.

*************************

Adopted 26 March 2003 by Provisional World Parliament

attested by Eugenia Almand, Secretary PWP

 

 


 

World Legislative Act Number 15

STATUTE OF THE WORLD COURT OF HUMAN RIGHTS

 

Whereas the World Parliament is assigned the responsibility to approve, amend or reject the international laws developed prior to the advent of World Government, as well as to codify and integrate the system of world law and world legislation under the World Government,

And Whereas the Statute of the World Court of Human Rights is recognized as an excellent and essential world statute for comprising the Human Rights Bench in conformance with the Earth Constitution,

We, the delegates of the Provisional World Parliament and acting on behalf of the people of the world community, unanimously

0.1. Establish the World Court of Human Rights;

0.2. Affirm our commitment to a global order under the Rule of Law, guaranteeing human rights and fundamental freedoms for all without distinction or discrimination;

0.3. Aver that humankind's human rights are interdependent and are not abstract concepts, and that public awareness of such rights is therefore a guarantee of their protection;

0.4. Recognize the obligation to create a world order in which humans neither have to kill nor be killed;

0.5. Declare that the World Court of Human Rights, premised on world due process of law and principles of natural justice, gives individuals and groups standing before a world tribunal;

0.6. Adopt. the Statute of the World Court of Human Rights;

0.7. And declare, that the World Court of Human Rights

0.7.1. Implements the right to life;

0.7.2. Affirms that concern for the security and freedom of the individual is greater than principles of jurisdiction derived from territorial sovereignty, nationality, and other technical concepts;

0.7.3. Asserts that everyone has the right to liberty and the security of the person and the unity of the physical, spiritual and moral creation of the earth and the equality of all human beings to be free of oppression or repression;

0.7.4. Condemns militarization;

0.7.5. Establishes the remedy of World Habeas Corpus;

0.7.6. Assists regional and global formulae for implementing fundamental freedoms and human rights;

0.7.7. Recognizes that the dignity of the individual is in keeping with essential moral needs, and this dignity finds expression in human rights;

0.7.8. Limits the arbitrary powers of government;

0.7.9. Implements

0.7.9.1. Freedom from arbitrary imprisonment, torture, physical or psychological abuses;

0.7.9.2. The right of everyone to liberty of movement and freedom to choose one's residence;

0.7.9.3. The right of everyone to leave any country freely, including one's own, and to enter any country freely;

0.7.9.4. The right of everyone not to be expelled from the territory of the state of which one is a national nor be refused permission to enter that state;

0.7.9.5. The prohibition of the collective removal of individuals from their current residence or domicile;

0.7.9.6. The right to work;

0.7.9.7. The right to an adequate standard of living;

0.7.9.8. The right to health;

0.7.9.9. The right to be presumed innocent;

0.7.9.10. The right to reasonable bail;

0.7.9.11. The right to a fair trial before an impartial tribunal;

0.7.9.12. The right to counsel of one's choice;

0.7.9.13 The right to defend one self through legal assistance of one's own choosing;

0.7.9.14. The right to call, examine and cross-examine witnesses;

0.7.9.15. The right to have the services of an interpreter;

0.7.9.16. The right to education;

0.7.9.17. The right to self-determination;

0.7.9.18. Freedom from discrimination based on age, culture, disability, gender, language, race, religion and sexual orientation;

0.7.9.19. The right to freedom of association;

0.7.9.20. The right to take part in government.

0.7.9.21. The right to a healthy and sustainable environment.

BY VIRTUE OF THE FOREGOING,

The convention of the world government of world citizens solemnly declares: in order to more fully establish and implement the sanctity of human freedom and the security of the person, provide for the global sovereignty of the person and guarantee all human rights, adopt the principles of worldwide due process of law, the principles of natural justice, and the definitive legal remedy of the writ of world habeas corpus, hereby structures the World Court of Human Rights.

CHAPTER I

ARTICLE 1 THE STRUCTURE

The World Court of Human Rights comprises the Bench for Human Rights as defined in Article 9, Section B1 of the Earth Constitution.

As defined in the Earth Constitution, Article IX, Section D., the World Parliament establishes a Collegium of World Judges, from 20 to 60 members, qualified for appointment to the highest judicial offices. The Collegium of World Judges elect a Presiding Council of World Judges, consisting of a Chief Justice and four Associate Chief Justices.

The Presiding Council shall assign all World Judges, including themselves, to the several benches of the World Court. The Presiding Council shall assign at least three of the World Judges to the Bench of the World Court of Human Rights.

The World Judges of the bench comprising the World Court of Human Rights shall elect annually a Presiding Judge. The Presiding Judge may serve as Chief Justice of the Presiding Council of World Judges.

The World Court of Human Rights may establish Regional Courts, subject to approval by the World Parliament.

If there are already Judges sitting on the bench of the World Court of Human Rights, and the Judges meet the constitutional and world legislative requirements of this Act, the sitting Judges may continue in their capacity for the duration of the Provisional Stage of World Government.

The High Court is presided over by the Chief Justice. The Regional Courts are to be presided over by Associate Chief Justices. Associate Justices are to be available to assist the Chief Justice in the total administration.

ARTICLE 2 REMEDIES

The Court is empowered to process petitions for the writ of World Habeas Corpus and other complaints or communications by and on behalf of individuals when their individual security or other human rights are violated without due process of law.

ARTICLE 3 THE JURISTS

The Regional Courts presided over by the Chief Justice is composed of a body of distinguished jurists of global stature and high moral character, who possess the qualifications required for appointment to the highest judicial offices, or are Juris-Consults of recognized competence in World Law.

ARTICLE 4 JURISDICTION

4.1. The Chief Justice of the Court shall appoint a distinguished jurist from each of the Regions to this Statute to process all allegations of deprivations of human rights, and shall advise recommendations to the Chief Justice who shall communicate the judgment(s) to the accused or offending government.

4.2. The Chief Justice shall determine boundaries and jurisdiction for Associate Justices on each of the regional tribunals of equal competence and jurisdiction.

4.3. The Chief Justice shall define the boundaries of each of the regional circuits.

4.4. The Chief Justice shall distribute the jurists to each of the Regional Circuit Courts for functions of or acting as Associate Justices for examining each petition for the Writ of World Habeas Corpus for its legal sufficiency.

4.5. A person, for purposes of jurisdiction of the Court, may be regarded as a person living within the regional court's jurisdiction and in which one ordinarily exercises civil, cultural, economic, environmental political and social rights.

4.6. A stateless person is regarded as a person under global law.

ARTICLE 5 ASSOCIATE JUSTICES

From nominations of the World Parliament or Provisional World Parliament, the Presiding Judge of the World Court of Human Rights shall designate Associate Justices to preside the Regional Courts. The Associate Justices must have the same qualifications as World Judges. The Provisional World Parliament may direct the Presiding Judge to designate additional Associate Justices as necessary for the proper operation of the World Court of Human Rights.

The Presiding Judge may make these designations in consultation with legal faculties and schools of law, and sections of academies devoted to the study of world law.

ARTICLE 6 TENURE

6.1. Associate Justices of the Court are designated to be permanent members of the Circuit Tribunals and shall hold office for ten years.

6.2. Members of the Court shall continue to discharge their duties until their places have been filled. Though replaced, they shall finish any cases which they may have begun during the ten year term.

6.3. In the case of resignation of a Member of the Court, the resigning member shall address the resignation to the Chief Justice. This notification to the Chief Justice and confirmation by the Chief Justice makes the office vacant.

ARTICLE 7 REPLACEMENT

A Member of the Court designated to replace a member whose term office has not expired shall hold office for the remainder of his predecessor's term. A majority of the Associate Justices on the respective bench may remove an Associate Justice for cause, subject to confirmation of a 2/3 absolute majority vote of the 3 Houses of World Parliament in Joint Session, in conformance with the Earth Constitution Article IX., Sec. D.8. In a vote of removal, the Chief Justice shall vote only in the event a tie vote among Associate Justices.

ARTICLE 8 INDEPENDENCE

9.1. No Member of the Court shall exercise any political or administrative function, or engage in any other occupation of a professional nature.

9.2. The entire Court governed by vote as specified in Article 7 shall settle any doubt on this point.

ARTICLE 9 INTEGRITY

9.1. No Member of the Court may act as agent, counsel, or advocate in any case.

9.2. No Member may participate in the decision of any case in which that Member has previously taken part as agent, counsel, or advocate for one of the parties, or as a Member of a national or international court, or of a commission of inquiry, or in any other capacity.

9.3. The Court shall settle any doubt on this point pursuant to Article 7.

ARTICLE 10 DISMISSAL

10.1. Pursuant to Article 7, no Member of the Court can be dismissed unless, in the majority opinion of the Members, that Member has ceased to fulfill the required conditions and competence of the office.

10.2. The Chief Justice shall make formal notification after vote thereof

10.3. Notification makes the place vacant.

ARTICLE 11 OATH

Every Member of the Court shall, before taking up the duties, make a solemn declaration in open Court: "I am a world citizen of the world government and will exercise my powers impartially and conscientiously. I affirm and promise to uphold the Earth Constitution and do my best to protect the human rights of all human beings to the best of my ability."

ARTICLE 12 REGISTRARS, - CLERKS, - CONSENT

The Chief Justice and Associate Justices shall appoint their Registrars and may provide for the appointment of such other officers as may be necessary to fulfill the duties of the Court. Each Circuit Tribunal shall appoint a Clerk to assist the Chief Justice. The Clerk must be a person learned in world law, who shall furnish information upon some matter of law in regards to which the Justice is doubtful or mistaken, or upon a matter of which the Court may take judicial cognizance. The Clerk must be a person not interested in any cases that will be affected by the decision. The Associate Justice need not secure the consent of the parties involved or of counsel of record to appoint Registrars or Clerk.

ARTICLE 13 PRESIDING OFFICERS

The Chief Justice and the Associate Justices are the Presiding Officers of their respective Tribunals.

ARTICLE 14 COURT OF REVIEW

The Presiding Judge shall designate Associate Justices to accommodate all parties in interest.

This, however, shall not prevent the Court of Review from sitting and exercising its functions elsewhere whenever it so desires.

ARTICLE 15 PERMANENT SESSION

15.1. The Court shall remain permanently in session, including judicial vacations, the dates and duration of which the Chief Justice shall fix, provided, however, that the vacations of the Circuit Tribunals are not concurrent.

15.2. Individual(s) may petition for the writ of world habeas corpus or seek other relief from one of the other Judicial Circuit Tribunals if prevented from so doing before the Circuit Tribunal having jurisdiction over the disposition of the case because that Circuit is exercising its Judicial vacation.

15.3. Members of the Court are entitled to periodic leave, the dates and duration of which each Court shall recommend to the Chief Justice, having in mind the distance between the seat of the Court and the home of each Associate Justice. The Chief Justice shall appoint an interim Associate Justice.

15.4. Members of the Court are bound, unless they are on leave or prevented from attending by illness or other serious reasons duly explained to the Chief Justice, to hold themselves permanently available at the disposal of the Court.

ARTICLE 16 ALTERNATES

16.1. If, for some special reason, any members of the Court consider themselves unable to take part in the decision of a particular case, they shall so inform the Chief Justice to designate an Alternate Associate Justice.

16.2. If the Chief Justice considers that for some special reason one of the members of the Court should not sit in on a particular case the Chief Justice shall give that member notice accordingly and designate an interim replacement.

16.3. If in any such case the member of the Court and the Chief Justice disagree, the majority decision of the entire Court shall settle the matter.

ARTICLE 17 FULL COURT

The FULL Court shall sit in all judicial venues except when the Chief Justice expressly determines otherwise.

ARTICLE 18 JUDGMENT

A judgment given by any of the Circuit Tribunals is considered as rendered by the Court and is subject to review only by the Chief Justice and two designated Associate Justices.

ARTICLE 19 APPEALS

Appeals are permitted from decision of the Regional Tribunals when it appears:

19.1. that a decision of a Regional Tribunal may be inconsistent with the decision of the same rule of law by the High Court of Review or by one of the Regional Tribunals;

19.2. that a question of law and fact is without precedent;

19.3. that a Regional Tribunal may have wrongfully decided on question of law or fact or both;

19.4. that a Regional Court may have exceeded its jurisdiction;

19.5. that a Regional Tribunal may have deprived a person or group of persons of the right or privilege guaranteed by due process of law;

19.6. that a Regional Court may have a fundamental error resulting in a denial of justice.

ARTICLE 20 RULES

The Court may determine Rules of Procedure from time to time for carrying out Court functions.

ARTICLE 21 EMOLUMENTS

21.1. Each member of the Court shall receive an annual salary.

21.2. The Registrar and all other aides of the Court shall receive an annual salary.

21.3. The World Legislature sitting in legislative session shall determine salaries, allowances and other compensation.

21.4. Regulations made by the Court shall fit the conditions under which retirement pensions may be given to Members of the Court and the Registrars. The World Treasury shall reimburse legitimate travel expenses.

21.5) The above salaries, allowances, and other compensations are tax free.

ARTICLE 22 COURT EXPENSE

Each Tribunal shall bear the expense of each Regional Court.

CHAPTER II

ARTICLE 23 COMPETENCE

Only individuals (natural persons) or groups of individuals may be parties in cases before the Court to seek redress for deprivation of any human right.

ARTICLE 24 ACCESS TO COURT

24.1. Person(s) detained or restrained in derogation of due process of law shall find original jurisdiction in the judicial circuit tribunal having jurisdiction over the place where the person(s) is restrained or deprived of any human right. States are charged with constructive notice of deprivations of human rights, committed within their political "boundaries."

24.2. Since human rights are innate and inalienable, independent of state limitations, the Court is open to aid individuals notwithstanding whether such state agrees to submit the cause to the Court for inquiry or disposition.

24.3. All nation-states are bound to abide by the proceedings and decisions of the Court.

24.4) When a state is a party to a case, the Court shall fix the amount which that state is to contribute towards the expense of the Court.

ARTICLE 25 WORLD BILL OF RIGHTS

Due process of law shall guarantee:

25. 1. Prompt, public trial before an unhampered, impartial, competent tribunal of any accused in violation of published law, or to release pending trial;

25. 2. The right of an accused to be presumed innocent and to be informed, in writing, in understandable language, in advance of detention or trial of the specific charge(s) made, and not be preventively held on suspicion;

25. 3. The right to be confronted with the accusing witnesses including the right of cross-examination;

25. 4. The right of compulsory process to obtain witnesses or discovery in advance of trial;

25. 5. The right to counsel of own choice;

25. 6. The right not to be compelled to give self-incriminating testimony or be bound by hearsay evidence;

25. 7. The right to have an interpreter;

25. 8. The right to communicate with local government or world government of world citizens and to have a representative of that government present at trial;

25. 9. The right not to be held if mentally incompetent or put to trial twice or double jeopardy for the same offense;
25.10. The right to be free from prosecution by virtue of any ex post facto law;

25.11. The right to be free from excessive bail;

25.12. The right to be free from any cruel or unusual punishment or discrimination;

25.13. The right to petition and be free from any unreasonable searches and seizures;

25.14. The right to equality, life, adequate standard of living, freedom of conscience and religion, language privacy, self- determination, education, culture, thought, work, travel, housing, speech, health, press and expression in any other form, to take part in government, of association and assembly, individual or group petition.

25.15. The right to a healthy and sustainable environment.

ARTICLE 26 WORLD HABEAS CORPUS

The types of violations for which the writ of world habeas corpus shall apply include violations of those rights recognized in Article 25.

ARTICLE 27 Empowers sanctions. The conscience, integrity and moral force of World Law makes the orders of the Court effective. Further, the World Ombudsmus and the Enforcement Department of the Earth Federation are empowered to enforce the decisions of the Court.

CHAPTER III

ARTICLE 28 SPECIAL COMPETENCE OF THE CHIEF JUSTICE

The Chief Justice of the Court shall permit appeals from decisions of the Circuit Tribunals when it appears to at least one-third of the Associate Justices of the Court:

28.1. that a decision of a Circuit Tribunal may be inconsistent with a prior decision of the same issue of law taken by the Court of Review; or by one of the Circuit Tribunals;

28.2. that a Circuit Tribunal may have erred in deciding a question of law or of fact equating a substantive denial of justice;

28.3. that a Regional or Circuit Court may have exceeded its jurisdiction;

28.4. that a Circuit Tribunal may have deprived a person of right or privilege guaranteed by world due process of law, defined as fair play consistent with civilized standards as set forth in Article 26.

CHAPTER IV

ARTICLE 29 VENUE

A party shall make any petition for the Writ of World Habeas Corpus to the Circuit Tribunal of the Court having jurisdiction over the place where the person is detained, imprisoned or deprived of any other human rights.

ARTICLE 30 ALLEGATIONS

The petition shall state in substance:

30.1. The person in whose behalf the Writ of World Habeas Corpus or other remedy is applied for, naming the place and all the jailers if they are known, or describing them if they are unknown;

30.2. The cause or pretense of the restraint or detention according to the best knowledge and belief of the petitioner;

30.3. That there had been an exhaustion of all reasonable available local remedies, or that the case is an extraordinary one that empowers the Court to take original jurisdiction.

ARTICLE 31 PRIMA FACE RELIEF

Unless it appears from the petition itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to bail or otherwise relieved, an Associate Justice may find, prima facie, that a petition is legally sufficient, and, upon so finding, is empowered to issue a show cause order upon the respondent state as to why the writ of world habeas corpus should not issue or the relief sought should not be granted.

ARTICLE 32 SHOW CAUSE

Under the Seal of the Court, the Court shall issue a show cause order and shall order the respondent to answer within ten days provided, however, that the Court may extend the period, if, in the opinion of the Court and in the interests of total justice more time is required as requested by the respondent state. Summary justice is the essence of the Court.

ARTICLE 33 RETURN TO SHOW CAUSE ORDER

The respondent state upon whom such order is served, or is charged with judicial knowledge thereof, shall, in its answer or return, plainly and unequivocally allege:

33.1. Whether the subject party is at the time of issue of the order, or was, and at what time prior or subsequent so the date of the order, under the control, restraint, or in custody of the respondent;

33.2. The due process cause of such imprisonment or restraint;

33.3. By what legal authority the subject party is held, and, if by some written warrant or writ of any kind, the respondent state shall produce and exhibit the original;

33.4. If party in custody or control restraint has been transferred or moved to another venue, the return shall explain with particularity to whom, at what time, for what cause and by virtue of what authority such transfer took place.

ARTICLE 34 MOTION TO DISMISS

If the respondent state moves to dismiss the petition for prima facie insufficiency, the petitioner may have reasonable time to challenge said motion to dismiss. The Court shall set a prompt hearing.

ARTICLE 35 FAILURE TO SHOW CAUSE

If the respondent state fails to show cause within the time so ordered, or if the Court finds that the cause shown is not a legally sufficient one, the Court is empowered, without further notice, to issue the writ of world habeas corpus and set an early date for hearing on the relief sought.

ARTICLE 36 SUBPOENAS

36.1. The Court is empowered to issue subpoenas and subpoenas duces tecum for witnesses to appear with relevant documents before the Court at the time and place where such World Habeas Corpus is returnable or other relief sought. It is the duty of the state official to whom the subpoena is directed to serve the same and make proper return of service to the Court.

36.2. Any person appointed for that purpose by the Court may serve the writ of world habeas corpus.

ARTICLE 37 SERVICE

The appointed server shall make service by leaving a copy of the writ or subpoena or complaint with the office of the chief executive officer of the respondent state, or with any other officials who have authority to act directly on the state's behalf, or who are directly answerable to the chief executive in the normal course of their official duties.

ARTICLE 38 PRODUCTION OF BODY

At the time of making the return, the respondent state shall disclose the person's[s'] actual or constructive custody, according to the command of the writ.

ARTICLE 39 INFIRMITY OF PETITIONER

If the petitioner, or subject party, has a medical condition and paramedics cannot medically bring the petitioner, or subject party, without danger to the place appointed for the return of the writ, the respondent state shall declare that fact in the return, and if it be proved to the satisfaction of the Court, the Court may proceed to hearing or make such other order in the case as law and justice require.

ARTICLE 40 CUSTODY

If the Court reasonably believes by the petition that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be taken out of the jurisdiction of the Circuit Court to which petition was made, or will suffer some injury before compliance with the writ can he enforced, the Court may cause the executive office of the respondent state to deliver the subject party into the Court's direct or supervisory custody and be held harmless.

ARTICLE 41 NO DELAY

Upon the respondent's return or answer, the Court shall, without delay, proceed to examine the cause of the imprisonment or restraint, but the examination may be adjourned from time to time as circumstances and substantive justice requires.

ARTICLE 42 DEFENSE TO RETURN

The party imprisoned or restrained may traverse any of the material facts set forth in the respondent's return or answer, and may allege any other facts that may be material in the case, which traverse must be on affirmation or oath; and the Court shall proceed to summary hearing on its established rules of procedure consistent with due process of law.

ARTICLE 43 HEARINGS

The presiding Justice or if presiding Justice is unable to preside, an Alternate Justice designated by the Chief Justice shall control the hearings.

ARTICLE 44 PUBLIC HEARINGS

The hearing in Court must be public.

ARTICLE 45 MINUTES

45.1. The Registrar or Registrar's Assistant shall make Minutes of each hearing. The Registrar or Assistant appointed for the Circuit Tribunals who attends the hearing shall sign the Minutes, affirming their validity; Court minutes are a permanent record. The Court shall make all Minutes publicly available.

45.2. The Court Reporter or Rapporteur. shall authenticate minutes by oath.

ARTICLE 46 FLEXIBILITY OF PROCEDURE

The Court shall make orders for the conduct of each case, The Court shall decide the form and time in which each of the parties must conclude their presentation of evidence and arguments and make all arrangements connected with the presenting or taking of evidence, including deposition form, if necessary.

ARTICLE 47 FINALITY

The Court will not consider invidious assumptions or conjectures but will base its judgment on the integrity and independence of appropriate, competent, material, relevant and ascertainable fact. The Court will rely on the principle of judicial reconciliation in determining culpability. If an accused state fails to appear in an inquiry or hearing then the Court will hear evidence under appropriate safeguards and communicate with the accused state for its reply or rebuttal. If declination persists then the Court shall proceed exparte. All unchallenged or unrebutted evidence is pro confesso and final.

ARTICLE 48 REVIEW OF ACT

The Commission for Legislative Review shall review the functions of the Presiding Judge of this Statute to help determine the original intent of the World Judicial Commission, which drafted most of this legislative Act. This is primarily to help determine which functions are best held by the Presiding Judge of the World Court of Human Rights and which functions are best held by the Chief Justice, if these two posts happen to be filled by different judges instead of the same judge. The Provisional World Parliament respects the original intent of the World Judicial Commission regarding this question, and shall retain the original intent unless contrary to provisions of the Earth Constitution, Article IX. The Commission for Legislative Review shall present the review of this Act for further consideration by the Seventh Session of the Provisional World Parliament.

 

Adopted 9:50 a.m., 27 March 2003, Bangkok, Thailand,

by the sixth session of the Provisional World Parliament.

Attested by Eugenia Almand, Secretary

Provisional World Parliament

 


 

World Legislative Act Number 16

 

World Hydrocarbon Resource Act

 

Whereas the world's natural hydrocarbon resources are not a means of production, created by enterprise, but are instead a pre-existing natural resource of the Earth, and the common heritage of humanity;

Whereas, most geologists agree that in fact, there is not a glut of hydrocarbon resources, but that these resources will be destroyed within a generation if these hydrocarbons are used as fuels, and long-term supply is actually short now;

Whereas, most meteorologists agree that if the remaining hydrocarbon resources are burned, rather than using them for durable plastics and lubricants for generations to come, that the Earth's climate will suffer further irreparable damage;

Whereas, artificial subsidies of hydrocarbons for the use of combustion is a major excuse for the world's centrally planned military industry, and causes terrific strife among nations; and is a major factor contributing to war on Earth; and

Whereas artificial subsidies of hydrocarbons for the use of combustion creates an artificially high non-market cost for the development of solar, wind, hydrogen and other Earth-friendly forms of energy technology;

Therefore, this Sixth Session of the Provisional World Parliament hereby mundializes all as yet unmined natural hydrocarbon resources on Earth, creating a World Hydrocarbon Reserve Board for the proper regulation of the use of this common heritage of humanity.

1. Accountability

The World Hydrocarbon Reserve Board is accountable to the World Executive.

2. Minister of World Resources

2.1. The World Parliament may nominate a Minister of World Resources or Commission Chair to head the World Hydrocarbon Reserve Board. For clarification, the Minister of Energy must not head the World Hydrocarbon Reserve Board, because the world hydrocarbons are not a viable fuel available for unregulated combustion by the world public, but instead are primarily a source for durable, recyclable plastics and lubricants for now and for generations to come.

2.2. The Minister of World Resources shall nominate a qualified Senior Administrator to assist the Minister and supervise the detailed work of the Board.

2.3. The Minister of World Resources shall submit schedules of recommended licensing requirements to the World Parliament, so that licensing in the mining, processing, distribution, or combustion of hydrocarbon resources can be standardized by the World Parliament.

2.4. The Minister of World Resources is responsible for assessing whether agencies are qualified in applying for licenses to mine, process, distribute or combust hydrocarbon resources.

2.5. The Minister of World Resources is responsible for issuing licenses in such cases that the licensee is determined as qualified to meet the licensing requirements.

2.6. The Minister of World Resources is responsible for requiring persons to first obtain a license to mine, process, distribute or combust hydrocarbon resources.

2.7. The Minister of World Resources may initiate legal proceedings against any person who mines, processes, distributes or combusts hydrocarbon resources without a valid license.

2.8. The Minister of Resources shall provide Board recommended tax, license fee and fine schedules to the World Parliament, together with such separate adjustments as are recommended by the Minister of Resources.

2.9. From penalty schedules authorized by the World Parliament, the Minister of World Resources may assess penalties, suspend or revoke licenses to mine, process, distribute or combust hydrocarbon resources.

2.10. From tax schedules authorized by the World Parliament, the Minister of World Resources may assess taxes to mine, process, distribute or combust hydrocarbon resources.

2.11. The Minister of World Resources is responsible for using the fine schedules in the determination of fines or other penalties in specific cases, including suspension or revocation of licenses. In cases where agencies are not responsive to fines, to license suspensions or revocations, the Minister of World Resources may make reports to the Office of World Attorneys General for the effective enforcement of the Resource Department Decisions. Also, the Minister of World Resources may initiate suit in an appropriate bench of the World Court, when suit is appropriate.

3. Advisory Board

3.1. The World Hydrocarbon Reserve Board has an Advisory Board, composed of members who are signatories to the Earth Constitution. The function of the Advisory Board is to determine total costs of hydrocarbon development, refinement, distribution, combustion and other uses. In determining costs, the Advisory Board shall consider damage to the environment caused by development and distribution, generation of greenhouse gases caused by combustion, loss of natural resource stock, disruption to human communities, and other concerns related to the cost of the hydrocarbon development and use. The World Hydrocarbon Reserve Board is authorized to recommend hydrocarbon tax schedules to the World Parliament. The World Hydrocarbon Reserve Board is authorized to recommend schedules for fines or other penalties for the misuse of world hydrocarbon reserves. The World Hydrocarbon Reserve Board is authorized to recommend base prices for various grades and types of hydrocarbon, in crude or processed forms, taking into consideration the costs to the environment, distribution costs, resource depletion and suspected end use. Combustive end uses may be assessed a higher base price than non-combustive end uses. Non-durable, non-recyclable plastics may be assessed a higher base price than durable or recyclable plastics. Vinyl and polythene plastics may be assessed a higher base price than less destructive plastics.

3.2. The Minister of World Resources shall preside meetings of the Advisory Board. In the event the Minister of World Resources cannot preside, the Minister shall appoint the Senior Administrator to preside temporarily.

4. Composition of the Advisory Board

To begin, the Advisory Board is composed of members from the following sources:

4.1. The Minister of World Resources, The Senior Administrator of World Resources,

4.2. Seven Members of the World Parliament, elected by the Parliament for terms of two years,

4.3. Membership from participating hydrocarbon mining and distribution firms, the number of votes based on the proportion of overall product and service rendered, together with adherence to development policy as determined by the Minister of Resources.

4.4. Members from each participating oil exporting country to ratify the Earth Constitution, the number of votes may be based on the quantity of verified reserves under the respective territory of the country, as determined by the Minister of Resources.

4.5. One Member from each of the respective ministerial agencies of the World Administration, and the Integrative Complex, as described by the Earth Constitution;

4.6. The listed world government agencies may designate a Board Member each without any requirement of Board Approval:

4.6.1. World Economic Development Organization

4.6.2. World Oceans and Seabeds Authority

4.6.3. Emergency Earth Rescue Administration

4.6.4. World Government Funding Corporation

4.6.5. Global Ministry of Environment

4.6.6. World Hydrogen Energy System Authority

4.6.7. Earth Financial Credit Corporation

4.6.8. Agency for Technological and Environmental Assessment

4.6.9. Agency for Research and Planning

4.6.10 Institute on Governmental Procedures and World Problems

4.6.11. Ministry of Resources (upon formation)

4.6.12. Ministry of Multinational Corporations (upon formation)

4.6.13. Other Agencies, Ministries and Departments of the World Government, as listed in Articles 7 and 8 of the Earth Constitution (upon formation)

4.7. The following listed agencies may nominate a member each upon the respective agency’s ratification of the Earth Constitution. Nominees must personally ratify the Earth Constitution to be eligible to serve on the Advisory Board. Each nominee is subject to initial simple majority approval by the Entire Board:

4.7.1. Organization of Petroleum Exporting Countries (OPEC)

4.7.2. World Trade Organization (WTO)

4.7.3. United Nations Industrial Development Organization (UNIDO)

4.7.4. World Meteorological Organization (WMO)

4.7.5. International Monetary Fund (IMF)

4.7.6. Multilateral Investment Guarantee Agency (MIGA)

4.7.7. International Finance Corporation (IFC)

4.7.8. International Development Association (IDA)

4.7.9. International Bank for Reconstruction and Development (IBRD)

4.7.10. World Bank Group (WBG)

4.7.11. International Labor Organization (ILO)

4.7.12. World Health Organization (WHO)

4.7.13. Federal Reserve Board

4.8. The Minister of Resources may suspend an Advisory Board Member, if the agency of the Member is under suspension of license. The Minister of Resources shall expel an Advisory Board Member, if the agency of the Member is under revocation of license.

4.9. Otherwise, Advisory Board Members are subject to expulsion from the Board, based upon a two-thirds majority vote of the world government agency members of the Advisory Board. The respective agency may appoint a new Advisory Board Member, unless the Agency is under suspension or revocation of license. 

5. Licensees

5.1. The Minister of World Resources may require a license by the following entities: nations, corporations or other persons that prospect, mine, refine, process, transport, wholesale or retail world hydrocarbon resources.

5.2. Entities that wish to obtain a license must fill out the respective forms and pay any respective fee for their particular license.

5.3. Entities that wish to obtain a license must sign personal and organizational support of the Earth Constitution in the license form.

6. Authority of License

Although license as mining rights were customarily assigned by national governments, it is evident that the national governments of the world have failed as stewards of the world's hydrocarbon resources, and that likewise, international agencies have also failed to establish a good regulatory function for this precious natural resource of Earth. Since this Act mundializes the hydrocarbon resources worldwide, the Act shifts the responsibility of license from the national government to the Earth Federation. Therefore, any former licensing agreements or national level mining rights are not recognized by the Earth Federation, unless the licensee seeks, obtains and maintains a license through the Ministry of World Resources.

Adopted unanimously

5:10 p.m., 26 March 2003, Bangkok, Thailand   by Sixth Session of Provisional World Parliament

Attested by:   Eugenia Almand, Secretary    Provisional World Parliament

 


 

World Legislative Act Number 17

 

Act to Implement the Commission for Legislative Review

 

Whereas, in accordance with the Earth Constitution, Article VIII. Sec. H – 1. The functions of the Commission for Legislative Review shall be to examine World Legislation and World Laws which the World Parliament enacts or adopts from the previous Body of International Law for the purpose of analyzing whether any particular legislation or law has become obsolete or obstructive or defective in serving the purposes intended; and to make recommendations to the World Parliament accordingly for repeal or amendment or replacement;

And whereas the Provisional World Parliament notes that there are already numerous obstructive, defective or obsolete provisions in the existent world legislation, beyond the capacity of the short sessions of Provisional World Parliament to fix,

And whereas the Provisional World Parliament notes that the previous Body of International Law which may be adopted requires early analysis for proper integration of International Law within the Federation of Earth,

Therefore the Provisional World Parliament adopts this Act to inaugurate the Commission for Legislative Review.

1. The Commission for Legislative Review may begin functioning on a provisional basis. The Provisional World Parliament may elect up to twelve of its members to serve on the provisional Commission. Upon commencement of the first operative stage of World Government, the World Parliament shall reconstitute the Commission for Legislative Review according to the guidelines of the Earth Constitution, Article VIII. Sec. H – 2. : "The Commission for Legislative Review shall be composed of twelve members, including two each to be elected by the House of Peoples, the House of Nations, the House of Counsellors, the Collegium of World Judges, the World Ombudsmus and the Presidium. Members of the Commission shall serve terms of ten years, and may be re-elected to serve consecutive terms. One half of the Commission members after the Commission is first formed shall be elected every five years, with the first terms for one half of the members to be only five years."

2. A role of the Commission for Legislative Review is to study the form, style and codification scheme of world legislation. The Commission for Legislative Review shall establish professional form and style guidelines. The Commission for Legislative Review shall establish standard guidelines for numerical codification of all World Legislation. This Act requires full numerical codification for all world legislation, in the same character set as used respectively in the language of translation or original drafting. The Commission may permit numerical codification to include Western numerals, Arabic numerals, Chinese numerals or other symbols and character sets of the same language. Legislation may contain Roman letters or Roman numerals in reference to provisions of the Earth Constitution, unless the World Constituent Assembly adopts full numeric codification. This Act recommends full numeric codification to the World Constituent Assembly. Legislation may contain Roman letters or roman numerals in reference to the previous Body of International Law, but shall incorporate into world legislation using full numeric codification. In any case, the Commission for Legislative Review shall establish the same numerical codification format for all world legislation. Different language character sets may use adjustments if necessary.

Another role of the Commission for Legislative Review is to recommend amendments to the previous body of International Law that might be adopted by the World Parliament, so that the Law may be properly integrated in its initial adoption by the World Parliament or Provisional World Parliament.

3. Members of the World Parliament shall abide by the form, style and codification regulations of the Commission for Legislative Review if drafting bills or other proposals for the Parliament. Members of the World Parliament shall abide by the form and style guidelines if motioning for amendments of world legislation or making other parliamentary motions during deliberations. The decisions of the Commission for Legislative Review are subject to regulation by the World Parliament, by simple majority vote in joint session.

4. In the event that the Commission for Legislative Review suspects that any world legislative provision is unconstitutional, the Commission for Legislative Review may bring the suspected unconstitutional provision as a case to the World Court Bench for Constitutional Cases, or to any Provisional District World Court, if the Constitutional Bench is not yet functioning. Until the case is decided, the Commission for Legislative Review may publish the world legislation in a recommended form. Until the case is decided, the Commission for Legislative Review may publish with the world legislation any explanation of the reason for the recommended adjustment. If the case is decided in favor of the Commission, the Commission may publish the adjusted legislation. If the case is not decided in favor of the Commission, the Commission may still recommend that the World Parliament, or Provisional World Parliament modify the offending legislation to bring it to a proper standard.

 

In recommendations, the Commission for Legislative Review must conserve recognition of all human, social and economic rights.

5. The Commission for Legislative Review may compile, codify and publish a list of suggested amendments to the Earth Constitution. This compilation may include the specified judgment of the Commission for Legislative Review regarding the desirability or feasibility of any respective amendment. The Commission may compile pro and con arguments for any suggested amendment. The Commission for Legislative Review may publish a list of recommended amendments from the total compilation, and recommend these to the World Constituent Assembly.

6. Basic Guidelines for legislative drafting:

6.1. Use short sentences if possible.

6.2. Use the active voice, rather than the passive voice.

6.3. Use the present tense, if possible.

6.4. Do not use idioms, nor slang.

6.5. Do not use synonyms, unless required for the incorporation of the previous Body of International Law.

6.6. Do not use acronyms, unless the full term is so cumbersome as to perhaps cause confusion in its repetition. Then define acronym in text of bill, before first use.

6.7. Do not use conjunctions, unless necessary. Avoid constructions that cause ambiguity.

6.8. Use lists if there are more than four items in a sentence grouping, or when the sentence grouping may otherwise be confusing. Number lists if in the body of the legislation.

6.9. Refrain from legalese if possible. For instance, use Latin terms only if necessary for concise legal clarity.

6.10. Remember that "may" grants permission to act, and "shall" imposes duty to act.

6.11. Use full numeric codification.

Act To Implement the

Commission for Legislative Review

Adopted, Noon, 25 March 2003, in Bangkok, Thailand

by the sixth session of the Provisional World Parliament

Amendments to Articles 2 and 6 adopted August 2004, in Lucknow, India, at eighth session of the Provisional World Parliament.

Attested by: Eugenia Almand, Secretary

Provisional World Parliament

 


 

World Legislative Act Number 18

Provisional Office of World Revenue

 

Whereas independent resources are necessary for world level self-government,

Whereas the Earth Constitution empowers the World Parliament to raise taxes (Art. 4, Sec. 16),

This Sixth Session of the Provisional World Parliament hereby establishes a Provisional Office of World Revenue.

1. This Act authorizes to collect taxes forthwith. The POWR may collect taxes primarily from rents on the use of the world commons, including, but not limited to the following:

1.1. Land rents;

1.2. Mining surcharges;

1.3. Resource utilization fees, including sales taxes on hydrocarbon resources and carbon resources;

1.4. Technology rents;

1.5. Currency transactions; and

1.6. Electromagnetic spectrum rents;

2. The Provisional Office of World Revenue (POWR) shall draft and recommend a schedule of franchise taxes against sales of recreational drugs, including taxes on sale of alcohol and tobacco, to be submitted to sessions of the Provisional World Parliament.

3. The Provisional Office of World Revenue may also collect an annual poor tax at the rate of 1/100th of 1% of the net worth of every person.

Taxable persons include, but are not limited to, these entities:

3.1. Individuals;

3.2. Corporations;

3.3. Incorporated communities, cities

3.4. States, provinces and other sub-national non-municipal governments;

3.6. Nations;

3.7. Universities, colleges, institutes and schools;

3.8 Non-governmental organizations, religious organizations, foundations, etc.

4. The Provisional Office of World Revenue shall operate a collections department to encourage the timely payment of taxes.

The Provisional Office of World Revenue may report failure to pay rents or other taxes to the Earth Financial Credit Corporation for appropriate enforcement.

Tax evasion is defined as the intentional refusal or neglect to pay taxes owed to a government. Persons may seek strategies to legally lower their tax burden. However, global tax evasion is unlawful (class 3 misdemeanour).

5. The Provisional Office of World Revenue (POWR) shall operate a standards department to create tax schedule proposals and other tax proposals. The POWR shall coordinate with agencies of the Integrative Complex to ensure smooth development. The POWR shall submit its tax schedule proposals and other tax proposals at least annually to the Provisional World Parliament.

5. The Provisional Office of World Revenue (POWR) shall coordinate with lower levels of jurisdiction that have ratified the Earth Constitution, to track cases of tax evasion at every level.

6. The Provisional Office of World Revenue (POWR) may operate exchange offices, receiving national currencies, Special Drawing Rights (SDRs), or Local Economic Trading Systems (LETS) until the transition to the Earth monetary system is complete. However, the (POWR) shall endeavour to collect taxes in Earth credits or Earth currency.

The POWR shall reimburse overpayment of taxes exclusively in terms of Earth credits or Earth currency.

7. The Provisional Office of World Revenue will begin operations in the most suitable location or locations for beginning the collection of taxes. Those Members of the Provisional World Parliament able and willing to begin this work shall report at successive sessions of the Provisional World Parliament.

This Act may be reconsidered for amendment at future sessions of the Provisional World Parliament and World Parliament.

 

Adopted 27 March 2003  Amendments adopted 13 August 2004

Attested by Eugenia Almand, Secretary  Provisional World Parliament

 


 

World Legislative Act #19

Criminal Code Penalty Classification

Short Title:

PENAL CODE

Recognizing that prior world legislation of the Provisional World Parliament includes numerous definitions of criminal activities;

Recognizing also that generally accepted prior international law, subject to deliberation for amendment and adoption as world legislation also includes numerous definitions of criminal activities; and

Recognizing that for the purpose of justice and impartiality, the judges of the World Court must have on hand penalty classifications with which to declare reasonably fair and equitable sentences to individuals convicted of violating world legislation,

Therefore, this Seventh Session of the Provisional World Parliament hereby adopts this Act for a Criminal Code Penalty Classification.

1. Criminal offences are divided into seven felony classifications, three misdemeanour classifications and petty offences.

1.1 Except for class 1 felonies, there is a presumptive term of imprisonment for each felony. This term may be increased or decreased depending on the nature of the offence, the defendant's criminal history and the existence of any mitigating or aggravating circumstances.

1.2. The Provisional World Parliament notes that historically penal imprisonment systems have been problematic. This Act directs the Penal Department to work together with the Department of Convict Management, Probation & Parole to design less disruptive and more humane measures for managing the penal system. The Departments shall report these plans to the Provisional World Parliament or World Parliament for further legislative action. Plans may include electronically supervised house arrest or electronically supervised internal exile within the Earth Federation. instead of placement within an Earth Federation prison facility. The World Court, the World Attorneys General, and the World Ombudsmus shall consider the conditions for eligibility for house arrest and for internal exile programs.

1.3 The Provisional World Parliament notes that historically some criminal justice systems have operated in an illegally discriminatory manner. This Act directs the World Ombudsmus, if operational, to monitor the criminal justice system and to take legal action if the system or parts of the system are in violation of basic human rights, as are listed in the Earth Constitution, Article 12, in the Statute of the World Court of Human Rights (World Legislative Act #15) or in other generally recognized Bills of Rights.

1.4. Fines may also be imposed.

2. For clarity, draft proposals for new world legislation or World Parliament amendments containing penal provisions to previously existing world legislation or to generally accepted international law, shall state the criminal penalty as a classified offence, at the end of any section or provision defining a prohibited activity, for examples: (class 4 felony), or (class 2 misdemeanor), instead of as a specific penalty, for example: (imprisonment for 2 to 7 years and a fine of up to ө150.000 Earth credits,.) This provision directs the Commission for Legislative Review to insert the respective penalty classifications defined in the addendum to this world legislation into the respective sections or provisions of previously adopted world legislation of the Provisional World Parliament.

3. Jail and Prison terms

Crime First offence Second offence Third or further offence
Class 1 Misdemeanor probation to 1 month district jail probation to 3 months district jail one to six months district jail
Class 2 Misdemeanor probation to 3 months

district jail

3 to 6 months district jail 6 to 9 months district jail
Class 3 Misdemeanor probation to 6 months

district jail

6 to 9 months

district jail

9 months to 1 year district jail

Felony classifications in this section are in terms of years to be spent in a world federal prison

Class 1 Felony probation to 1 year probation to 2 years 2 years to 5 years
Class 2 Felony 1 to 2 years 2 to 5 years 5 years to 10 years
Class 3 Felony 2 to 5 years 5 to 10 years 10 years to 25 years
Class 4 Felony 5 to 10 years 10 to 25 years 20 years to life
Class 5 Felony 10 to 25 years 20 years to life 25 years to life
Class 6 Felony 20 years to life 25 years to life life imprisonment
Class 7 Felony 25 years to life life imprisonment life imprisonment

4. Payment of fines by individual convicts. Payment of fine depends on convicts' ability to pay. Upon court order, the Earth Financial Credit Corporation shall determine ability. Restitution assessments may be declared in addition to, or in place of, fines. Convicts must pay fines in Earth Credits. The Court may assign an instalment schedule for fines, considering recommendation from the Earth Financial Credit Corporation. If the convict is also sentenced to jail or prison, the Court may order that the payment begins after completing the jail or prison sentence. Since the relative value of the Earth unit of credit is unknown, and in fairness against disparity in human earnings, fines are stated in terms of portions of income of the convict, based on the convict's income for the year before, ending on the date on which the offence was committed.

 

Crime First offence Second offence Third or further offence
 
Class 1 Felony up to 3 months' 2 months' to 6 months' 4 months' to 1 year's
Class 2 Felony up to 1 year's 6 months' to 3 years 1 to 5 years
Class 3 Felony three months' to 1 year's 6 months' to five years 5 years' up to forfeiture of all property, save that necessary for reasonable decent living.
Class 4 Felony six months' to 5 years' 5 years' up to forfeiture of all property, save that necessary for reasonable decent living. 10 years' up to forfeiture of all property, save that necessary for reasonable decent living.
Class 5 Felony 5 years' up to forfeiture of all property, save that necessary for reasonable decent living. 10 years' up to forfeiture of all property, save that necessary for reasonable decent living. 20 years' up to forfeiture of all property, save that necessary for reasonable decent living.
Class 6 Felony 10 years' up to forfeiture of all property, save that necessary for reasonable decent living. 20 years' up to forfeiture of all property, save that necessary for reasonable decent living. forfeiture of all property, save that necessary for reasonable decent living.
Class 7 Felony 20 years' up to forfeiture of all property, save that necessary for reasonable decent living. forfeiture of all property, save that necessary for reasonable decent living. forfeiture of all property, save that necessary for reasonable decent living.

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.

 

Crime First offence Second offence Third or further offence
Class 1 Misdemeanor up to 1 month's up to 3 months 1 to 6 months'
Class 2 Misdemeanor up to 3 months 1 to 6 months' 3 to 9 months'
Class 3 Misdemeanor 1 to 6 months' 3 to 9 months' 6 months' to 1 year's
 
Class 1 Felony up to 1 year's 2 years' to 5 years' 5 years' up to all assets and revocation of license
Class 2 Felony 2 years' to 5 years' 5 years' up to all assets and revocation of license 10 years' up to all assets and revocation of license
Class 3 Felony 5 years' up to all assets and revocation of license 10 years' up to all assets and revocation of license 15 years' up to all assets and revocation of license
Class 4 Felony 10 years' up to all assets and revocation of license 15 years' up to all assets and revocation of license 20 years' up to all assets and revocation of license
Class 5 Felony 15 years' up to all assets and revocation of license 20 years' up to all assets and revocation of license all assets and revocation of license
Class 6 Felony 20 years' up to all assets and revocation of license all assets and revocation of license  
Class 7 Felony all assets and revocation of license    

 

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.netwww.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

 

PREAMBLE

         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

Article 1

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.

Article 2

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.

Article 3

Seat of the Court

3.1.         The seat of the Court shall be established at The Hague in the Netherlands ("the host State").
 
3.2.         The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf.

3.3.         The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.

Article 4

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.
 
4.2.         The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.
 

PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW

Article 5

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.

 
5.2.        The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles (121) and (123) defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Earth Constitution.
 

Article 6

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.

 Article 7

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.
 

Article 8

War crimes

 
8.1.         The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
 
8.2.         For the purpose of this Statute, "war crimes" means:

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.
 

Article 9

Elements of Crimes

 
9.1.         Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. The provisional World Parliament and World Parliament shall deliberate the 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.
 
9.3.         The Elements of Crimes and amendments thereto shall be consistent with this Statute, and the Earth Constitution.
  

Article 10

 
             Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of world law for purposes other than this Statute.

Article 11

Jurisdiction ratione temporis


11.1.         The Court has jurisdiction only with respect to crimes committed after the entry into force of respective world statutes.
 
11.2.         The revised Statute enters into force upon its adoption by the provisional World Parliament.

Article 12

Preconditions to the exercise of jurisdiction

 
12.1.         A State which becomes a Party to the Earth Constitution thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5. A State becomes a Party to this Statute by preliminary or final ratification of the Earth Constitution.
 
12.2.         In the case of article 13, paragraph 1 (13.1.) or 3 (13.3.), the Court shall exercise its jurisdiction if one or more of the following States are Parties to the Earth Constitution or have accepted the jurisdiction of the Court in accordance with paragraph 3:

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.

Article 13

Exercise of jurisdiction

 
            The Court may exercise its jurisdiction with respect to a crime referred to in article (5) in accordance with the provisions of this Statute if:

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).

Article 14

Referral of a situation by World Ombudsmus or a State Party to the Earth Constitution

 
14.1.         The World Ombudsmus or a State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.
 
14.2.         As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the World Ombudsmus or State referring the situation.
 

Article 15

Prosecutor

15.1.         The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.
 
15.2.         The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from any agency of the Earth Federation, including integrating agencies of the United Nations, States Parties to the Earth Constitution, intergovernmental or 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.
 
15.3.         If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.
 
15.4.         If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.
 
15.5.         The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.
 
15.6.         If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.

Article 16

Deferral of investigation or prosecution

 
16.1.          No investigation or prosecution may be legally denied or deferred by the Security Council of the United Nations. Nor may any investigation or prosecution be legally denied or deferred by any action or the World Presidium, or World Cabinet, whether by a single member or jointly. If there is a question of spurious or frivolous prosecutions, this may be taken up by either the World Ombudsmus or by the World Parliament. The World Parliament may enact legislation to discourage spurious or frivolous prosecutions.

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.

Article 17

Issues of admissibility

 
17.1.         Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:

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.
 

Article 18

Preliminary rulings regarding admissibility

 
18.1.         When a situation has been referred to the Court pursuant to article (13.1.) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles (13.3.) and (15), the Prosecutor shall notify all States Parties to the Earth Constitution and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.

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.
 
18.3.         The Prosecutor's deferral to a State's investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstances based on the State's unwillingness or inability genuinely to carry out the investigation.
 
18.4.         The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance with article (82). The appeal may be heard on an expedited basis.
 
18.5.         When the Prosecutor has deferred an investigation in accordance with paragraph (18.2), the Prosecutor may request that the State concerned periodically inform the Prosecutor of the progress of its investigations and any subsequent prosecutions. States shall respond to such requests without undue delay.
 
18.6.         Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the purpose of preserving evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available.
 
18.7.         A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article (19) on the grounds of additional significant facts or significant change of circumstances.

Article 19

Challenges to the jurisdiction of the Court

or the admissibility of a case

 
19.01.         The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article (17).
 
19.02.         Challenges to the admissibility of a case on the grounds referred to in article (17) or challenges to the jurisdiction of the Court may be made by:

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.
 
19.04.         The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph (19.2). The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article (17.1.3.).

19.05.         A State referred to in paragraph (19.2.2) and (19.2.3) shall make a challenge at the earliest opportunity.
 
19.06.         Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article (82).
 
19.07.         If a challenge is made by a State referred to in paragraph (19.2.2.) or (19.2.3.), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article (17).
 
19.08.         Pending a ruling by the Court, the Prosecutor may seek authority from the Court:

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.
 
19.10.         If the Court has decided that a case is inadmissible under article (17), the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article (17).
 
19.11.         If the Prosecutor, having regard to the matters referred to in article (17), defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.
 

 Article 20

Ne bis in idem

 
20.1.         Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.

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.         No person who has been tried by another court for conduct also proscribed under article (6), (7) or (8) shall be tried by the Court with respect to the same conduct unless the proceedings in the other 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.

 Article 21

Applicable law

 
21.1.         The Court shall apply:

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.
 
21.3.         The application and interpretation of law pursuant to this article must be consistent with recognized human rights of the Earth Constitution, and of the respective states members of the Earth Federation, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3 (7.3.) of this statute, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.
 

PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW

Article 22

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.
 
22.2.         The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

22.3.         This article shall not affect the characterization of any conduct as criminal under world law independently of this Statute.

Article 23

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.
 

 Article 24

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.
 
24.2.         In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.
 

Article 25

Individual criminal responsibility

25.1.         The Court shall have jurisdiction over natural persons pursuant to this Statute.
 
25.2.         A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute and world law.
 
25.3.         In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

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.
 

Article 26

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.

Article 27

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.
 
27.2.         Immunities or special procedural rules which may attach to the official capacity of a person, whether under national, international or world law, shall not bar the Court from exercising its jurisdiction over such a person.
 

Article 28

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.

Article 29

Non-applicability of statute of limitations

            The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.

Article 30

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.         For the purposes of this article, a person has intent where:

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.
 

Article 31

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.
 
31.3.         At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 of article 31 (31.1) where such a ground is derived from applicable law as set forth in article (21). The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.
 

Article 32

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.
 
32.2.         A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article (33).


Article 33

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

Article 34

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.

Article 35

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.
 
35.2.         The judges composing the Presidency shall serve on a full-time basis as soon as they are elected.
 
35.3.         The Presidency may, on the basis of the workload of the Court and in consultation with its members, decide from time to time to what extent the remaining judges shall be required to serve on a full-time basis. Any such arrangement shall be without prejudice to the provisions of article (40).
 
35.4.         The financial arrangements for judges not required to serve on a full-time basis shall be made in accordance with article (49).
 

Article 36

Qualifications, nomination and election of judges

36.01.         Subject to the provisions of paragraph (36.2), there shall be 18 judges of the Court.
 
36.02.1.     The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph (36.1), indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties to the Earth Constitution and to the World Parliament.
 
36.02.2.     Any such proposal shall then be further considered for amendment proposition at a meeting of the Assembly of States Parties to the Earth Constitution to be convened in accordance with article (112), and the World Parliament considered the proposal independently. The Assembly of States Parties proposal shall be forwarded to the World Parliament if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties. The World Parliament may adopt the proposal by simple majority vote, and the decision shall enter into force at such time as decided by the World Parliament.

           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.     Nominations of candidates for election to the Court may be made by the House of Counsellors. Until the House of Counsellors is formed, any State Party to the Earth Constitution may nominate candidates, and shall be made either:

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.)
 
            36.04.2.     Until the House of Counsellors is formed, each State Party to the Earth Constitution may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case affirm the Earth Constitution as an avowed World Citizen of the Earth Federation.
 
            36.04.3.     The Assembly of States Parties to the Earth Constitution may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.
 
36.05.         Until the House of Counsellors is formed, for the purposes of the election, there shall be two lists of candidates:

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.
 
36.06.1. The judges shall be elected by secret ballot with the plurality vote of the three Houses of the World Parliament in Joint Session, or by all Houses available , if the three Houses have not yet formed. Subject to the Earth Constitution and paragraph (36.07.), the persons elected to the Criminal Bench of the Court shall be the 18 candidates who obtain the highest number of votes and a plurality of the States Parties present and voting as Members of the House of Nations.
 
            36.06.2.     In the event that a sufficient number of judges is not elected on the first ballot, successive ballots shall be held in accordance with the procedures laid down in subparagraph (36.06.1.) until the remaining places have been filled.
 

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.         The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:

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.
 
36.09.1.   Subject to subparagraph (36.9.2.), judges shall hold office for a term of ten years and may serve two successive terms, but not two successive terms as Chief Justice.
 
36.09.2.     At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of ten years.
 
36.09.3.     A judge who is selected to serve for a term of three years under subparagraph (36.09.2) shall be eligible for re-election for a full term, twice. A Judge elected for a term of six years, for a full term once.
 
36.10.         Notwithstanding paragraph (36.9), a judge assigned to a Trial or Appeals Chamber in accordance with article (39) shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber.
 

Article 37

Judicial vacancies

37.1.         In the event of a vacancy, an election shall be held in accordance with article (36) to fill the vacancy.
 
37.2.         A judge elected to fill a vacancy shall serve for the remainder of the predecessor's term and, if that period is six years or less, shall be eligible for re-election for a full term or two full terms under article (36).
 

Article 38

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.
 
38.2.         The First Vice-President (First Associate Chief Justice) shall act in place of the President in the event that the President is unavailable or disqualified. The Second Vice-President shall act in place of the President in the event that both the President and the First Vice-President are unavailable or disqualified, and so forth.
 
38.3.         The President (Chief Justice), together with the Associate Chief Justices, shall constitute the Presidency (Presiding Council), which shall be responsible for:
 
            38.3.1.     The proper administration of the Court, with the exception of the Office of the Prosecutor; and
 
            38.3.2.     The other functions conferred upon it in accordance with this Statute.
 
38.4.         In discharging its responsibility under paragraph (38.3.1.) , the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern.

Article 39

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.
 
39.2.1.     The judicial functions of the Court shall be carried out in each division by Chambers.
 
           39.2.2.1.  The Appeals Chamber shall be composed of all the judges of the Appeals Division;

           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.


39.3.1..     Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.
 
39.3.2..     Judges assigned to the Appeals Division shall serve in that division for their entire term of office.
 
39.4.         Judges assigned to the Appeals Division shall serve only in that division. Nothing in this article shall, however, preclude the temporary attachment of judges from the Trial Division to the Pre-Trial Division or vice versa, if the Presidency considers that the efficient management of the Court's workload so requires, provided that under no circumstances shall a judge who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing that case.
 

Article 40

Independence of the judges

40.1.         The judges shall be independent in the performance of their functions.
 
40.2.         Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.
 
40.3.         Judges required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature.
 
40.4.         Any question regarding the application of paragraphs (40.2) and (40.3) shall be decided by an absolute majority of the judges. Where any such question concerns an individual judge, that judge shall not take part in the decision.
 

Article 41

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.
 
41.2.1.     A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted. A judge shall also be disqualified on such other grounds as may be provided for in the Rules of Procedure and Evidence.
 
41.2.2.     The Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph.
 
41.2.3.     Any question as to the disqualification of a judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision.
 

Article 42

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.
 
42.3.         The Prosecutor and the Deputy Prosecutors shall be persons of high moral character, be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases. They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.
 
42.4.         The World Parliament, in joint session, shall elect the Prosecutor and Deputy Prosecutors by secret ballot by a plurality vote, including plurality of the members of the Assembly of States Parties to the Earth Constitution. If the House of Counsellors is not yet formed, the Deputy Prosecutors shall be elected in the same way from a list of candidates provided by the Prosecutor. In this case, the Prosecutor shall nominate three candidates for each position of Deputy Prosecutor to be filled. Unless a shorter term is decided upon at the time of their election, the Prosecutor and the Deputy Prosecutors shall hold office for a term of ten years and are be eligible for re-election to two consecutive terms. The candidates shall affirm support for the Earth Constitution prior to election by the World Parliament.
 
42.5.         Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence. They shall not engage in any other occupation of a professional nature.
 
42.6.         The Presidency (Presiding Council) may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case.
 
42.7.         Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality might reasonably be doubted on any ground. They shall be disqualified from a case in accordance with this paragraph if, inter alia, they have previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted.
 
42.8.         Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor from a case shall be decided by the Appeals Chamber.

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.
 

Article 43

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).
 
43.2.         The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court. The Registrar shall exercise his or her functions under the authority of the President of the Court.
 
43.3.         The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court.
 
43.4.         The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Assembly of States Parties, and the World Civil Service Administration, when formed. If the need arises and upon the recommendation of the Registrar, the judges shall elect, in the same manner, a Deputy Registrar.
 
43.5.         The Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis. The Deputy Registrar shall hold office for a term of five years or such shorter term as may be decided upon by an absolute majority of the judges, and may be elected on the basis that the Deputy Registrar shall be called upon to serve as required.
 
43.6.         The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements, counselling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses. The Unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence.
 

Article 44

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.
 
44.2.         In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and integrity, and shall have regard, mutatis mutandis, to the criteria set forth in article 36, paragraph 8 (36.8.).
 
44.3.         The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose Staff Regulations which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated and dismissed. The World Parliament may require adjustment to the Staff Regulations.
 
44.4.         The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States Parties, intergovernmental organizations or non-governmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be recommended by the Assembly of States Parties to the Earth Constitution, and subject to approval by the World Parliament.
 

Article 45

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.
 

Article 46

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
 
46.4.         A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordance with the Rules of Procedure and Evidence. The person in question shall not otherwise participate in the consideration of the matter.
 

Article 47

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.
 

Article 48

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.
 
48.2.         The judges, the Prosecutor, the Deputy Prosecutors and the Registrar, when engaged on or with respect to the business of the Court, enjoy privileges and immunities to protect their work from interference from lower jurisdictions, after the expiry of their terms of office, continue to be accorded immunity from legal process from lower jurisdictions in respect of words spoken or written and acts performed by them in their official capacity.
 
48.3.         The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privileges and immunities of the Court.
 
48.4.         Counsel, experts, witnesses or any other person required to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.
 
48.5.         The privileges and immunities of:

(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.

Article 49

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

Article 50

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.
 
50.2.         The working languages of the Court are English and French. As soon as feasible, Chinese and Esperanto will also be working languages of the Court. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.
 
50.3.         At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English, French, Chinese or Esperanto to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

Article 51

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.
 
51.2.         Upon declaration of the first operative stage of world government in conformance with the Earth Constitution, the World Parliament may confirm or adjust the Rules of Procedure and Evidence by simple majority vote in joint session. After commencement of the 2nd operative stage of world government, a 2/3 majority vote in joint session is required for amendment to the rules.

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.
 
51.3.         After the adoption of the Rules of Procedure and Evidence, in urgent cases where the Rules do not provide for a specific situation before the Court, the judges may, by a two-thirds majority, draw up provisional Rules to be applied until adopted, amended or rejected at the next session of provisional World Parliament or World Parliament.
 
51.4.         The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Amendments to the Rules of Procedure and Evidence as well as provisional Rules shall not be applied retroactively to the detriment of the person who is being investigated or prosecuted or who has been convicted.
 
51.5.         In the event of conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail.
 

Article 52

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.
 
52.2.         The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto.
 
52.3.         The Regulations and any amendments thereto shall take effect upon adoption unless otherwise decided by the judges. Immediately upon adoption, they shall be circulated to States Parties, to the World Parliament for comments. If there are no objections from a simple majority of the World Parliament by the end of the next session after the adoption of Court regulations, the respective regulations remain in force, unless overruled by two thirds majority vote of the World Parliament in joint session. 

PART 5. INVESTIGATION AND PROSECUTION

Article 53

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.         If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:

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.
 
53.3.2..     In addition, the Pre-Trial Chamber may, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph (53.1.3) or (53.2.3). In such a case, the decision of the Prosecutor is effective only if confirmed by the Pre-Trial Chamber.
 
53.4.         The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.

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.

Article 54

Duties and powers of the Prosecutor with respect to investigations

 
54.1.         The Prosecutor shall:

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.

Article 55

Rights of persons during an investigation

 
55.1.         In respect of an investigation under this Statute, a person:

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.

Article 56

Role of the Pre-Trial Chamber in relation

to a unique investigative opportunity

 
56.1.1.     Where the Prosecutor considers an investigation to present a unique opportunity to take testimony or a statement from a witness or to examine, collect or test evidence, which may not be available subsequently for the purposes of a trial, the Prosecutor shall so inform the Pre-Trial Chamber.
 
56.1.2.     In that case, the Pre-Trial Chamber may, upon request of the Prosecutor, take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence.
 
56.1.3.     Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter.

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.
 
56.3.2.     A decision of the Pre-Trial Chamber to act on its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis.
 
56.4.         The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber.
 

Article 57

Functions and powers of the Pre-Trial Chamber

 
57.1.         Unless otherwise provided in this Statute, the Pre-Trial Chamber shall exercise its functions in accordance with the provisions of this article.
 
57.2.1.     Orders or rulings of the Pre-Trial Chamber issued under articles (15), (18), (19), (54.2), , (61.7), , and (72) must be concurred in by a majority of its judges.
 
           57.2.2.     In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or by a majority of the Pre-Trial Chamber.
 
57.3.         In addition to its other functions under this Statute, the Pre-Trial Chamber may:

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.

Article 58

Issuance by the Pre-Trial Chamber of a warrant of arrest

or a summons to appear

 
58.1.         At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:

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.
 
58.5.         On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.
 
58.6.         The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.
 
58.7.         As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:

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.
 

Article 59

Arrest proceedings in the custodial State during the provisional World Government and first operative stage of World Government in conformance with the Earth Constitution

 
59.1.         A State Party which has received an order for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
 
59.2.         A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:

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.
 
59.4.         In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfill its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1.1 (58.1.1.) and 1.2 (58.1.2.).
 
59.5.         The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.

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.

Article 60

Initial proceedings before the Court

 
60.1.         Upon the surrender of the person to the Court, or the person's appearance before the Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial.
 
60.2.         A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article (58), paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions.

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.
 

Article 61

Confirmation of the charges before trial

 
61.01.         Subject to the provisions of paragraph (61.2), within a reasonable time after the person's surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel.

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.
 
61.04.         Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal.

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.
 

PART 6. THE TRIAL

Article 62

Place of trial

         Unless otherwise decided, the place of the trial shall be the seat of the Court.
 

 Article 63

Trial in the presence of the accused

63.1.         The accused shall be present during the trial.
 
63.2.         If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
 

Article 64

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.
 
64.08.1.     At the commencement of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt in accordance with article 65 or to plead not guilty.
 
64.08.2.     At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute.
 
64.09.         The Trial Chamber shall have, inter alia, the power on application of a party or on its own motion to:

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.
 

Article 65

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.
 

Article 66

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.

Article 67

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.
 

Article 68

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.
 

Article 69

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.
 

Article 70

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.

Article 71

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.
 

Article 72

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.

Article 73

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.

Article 74

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.
 

Article 75

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).
 
75.3.         Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.

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.
 

Article 76

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.
 

PART 7. PENALTIES

Article 77

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.

Article 78

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.).
 

Article 79

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.
 

Article 80

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.

PART 8. APPEAL AND REVISION

Article 81

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.

Article 82

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.
 

Article 83

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.
 

Article 84

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.
 

Article 85

Compensation to an arrested or convicted person

 
85.1.         Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

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

Article 86

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.
 

Article 87

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.
 

Article 88

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.
 

Article 89

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.

Article 90

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.
 

Article 91

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.
 

Article 92

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.
 

Article 93

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.
 

Article 94

Postponement of execution of an order in respect

of ongoing investigation or prosecution

 
94.1.         If the immediate execution of an order would interfere with an ongoing investigation or prosecution of a case different from that to which the order relates, the ordered State may request to postpone the execution of the order for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the ordered State. Before making a decision to postpone, the Court and the ordered State shall consider whether the assistance may be immediately provided subject to certain conditions.

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.) .
 

Article 95

Postponement of execution of an order in

respect of an admissibility challenge

 
            If there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the ordered State may postpone the execution of an order under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.
 

Article 96

Contents of order for other forms of

assistance under article 93

 
96.1.         An order for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, an order may be made by any medium capable of delivering a written record, provided that the Court shall confirm the order through the channel provided for in article 87, paragraph 1.1 (87.1.1.)

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.

Article 97

Consultations

 
            Where a State Party receives an order under this Part in relation to which it identifies problems that may impede or prevent the execution of the order, that State shall consult with the Court without delay to resolve the matter. Such problems may include, inter alia:

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.

Article 98

Cooperation with respect to immunity

and surrender


States may not refuse to cooperate with a World Court order on grounds of immunity, because national and international immunity is invalid in cases of world law. Correctly observed, immunity is to protect legal process from interference by lower levels of jurisdiction. The World Court may also waive world immunity in any case that the Court determines that waiver will serve the interests of justice. Attempts to maintain ex-jurisdictional immunity after receipt of an order by the Court may be charged as obstruction of justice (Class 3 felony).

Article 99

Execution of orders under articles (93) and (96)

 
99.1.         Ordered States shall execute orders for assistance in the manner specified in the order, including following any procedure outlined therein or permitting persons specified in the order to be present at, and assist in the execution process. Ordered States shall also execute orders in accordance with the relevant procedure under the law of the ordered State, unless prohibited by world law, or otherwise countermanded by the Court order..

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.

Article 100

Costs

 
100.1.         The State Party to the Earth Constitution shall temporarily bear and account the ordinary costs for execution of orders in the territory of the ordered State, except for the following, which shall be borne by the Court:

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.

Article 101

Rule of speciality


The Court shall not proceed against, punish or detain a person surrendered to the Court under this Statute, for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered, unless the Prosecutor obtains new evidence that implicates the person in other world crimes.

Article 102

Use of terms


        For the purposes of this Statute:
 
      102.1.     "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.

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.
 

PART 10. ENFORCEMENT

Article 103

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.
 

Article 104

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.
 

Article 105

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.
 

Article 106

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.
 

Article 107

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.)
 

Article 108

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.
 

Article 109

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.
 

Article 110

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.
 

Article 111

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

Article 112

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.
 

PART 12. FINANCING

Article 113

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 . 

Article 114

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.

Article 115

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.

Article 116

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.
 

Article 117

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.
 

Article 118

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.
 

PART 13. FINAL CLAUSES

Article 119

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.
 

Article 120

Reservations

            No reservations may be made to this Statute.
 
 
Article 121

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.
 

Article 122

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.
 

Article 123

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.

Article 124 (repealed)

 

Article 125

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.
 

Article 126

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 127 (repealed)

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.
 

 
           DONE at Chennai this 28th day of December 2003.

 


 

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
In the present document:
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
Regulations
refers to the Regulations of the Court;
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.
2. The President of the Bureau of the Assembly of States Parties shall ensure that all proposed amendments are translated into the official languages of the Court and are transmitted to the States Parties.
3. The procedure described in sub-rules 1 and 2 shall also apply to the provisional rules referred to in article 51, paragraph 3.

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:
(a) In the case of a judge:
"I solemnly undertake that I will perform my duties and exercise my powers as a judge of the International World Criminal Court honourably, faithfully, impartially and conscientiously, and that I will respect the confidentiality of investigations and prosecutions and the secrecy of deliberations. I am a world citizen of the world government. I affirm and promise to uphold the Earth Constitution and to do my best to protect the human rights of all human beings to the best of my ability.
"

(b) In the case of the Prosecutor, a Deputy Prosecutor, the Registrar and the Deputy Registrar of the Court:
" 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 and to do my best to protect the human rights of all human beings to the best of my ability."

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.
2. Before performing any duties, an interpreter or a translator shall make the following undertaking: "I solemnly declare that I will perform my duties faithfully, impartially and with full respect for the duty of confidentiality. 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 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.
3. The Code shall contain procedures for its amendment.

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
Rule 12 Qualifications and election of the Registrar and the Deputy Registrar

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.
3. As provided for in article 43, paragraph 4, the Court, meeting in plenary session, shall, as soon as possible, elect the Registrar by an absolute majority, taking into account any recommendations by the Assembly of States Parties and the House of Peoples of the World Parliament. In the event that no candidate obtains an absolute majority on the first ballot, successive ballots shall be held until one candidate obtains an absolute majority.
4. If the need for a Deputy Registrar arises, the Registrar may make a recommendation to the President to that effect. The President shall convene a plenary session to decide on the matter. If the Court, meeting in plenary session, decides by an absolute majority that a Deputy Registrar is to be elected, the Registrar shall submit a list of candidates to the Court.
5. The Deputy Registrar shall be elected by the Court, meeting in plenary session, in the same manner as the Registrar.

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.
2. The Registrar shall create and maintain a list of counsel who meet the criteria set forth in rule 22 and the Regulations. The person shall freely choose his or her counsel from this list or other counsel who meets the required criteria and is willing to be included in the list.

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.
5. Where a person claims to have insufficient means to pay for legal assistance and this is subsequently found not to be so, the Chamber dealing with the case at that time may make an order of contribution to recover the cost of providing counsel.

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.
3. In the case of a Deputy Prosecutor:
(a) The Prosecutor may take aAny decision to give a reprimand shall be taken by the Prosecutor;
(b) An absolute majority of the Bureau of the Assembly of States Parties, upon the recommendation of the Prosecutor, may take aAny decision to impose a pecuniary sanction. shall be taken by an absolute majority of the Bureau of the Assembly of States Parties upon the recommendation of the Prosecutor.
4. The giver of rReprimands shallshall be record reprimandsed in writing and shall be transmit a copy of the reprimandsted to the President of the Bureau of the Assembly of States Parties, and to the Presidium.

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
Rule 176 Organs of the Court responsible for the transmission and receipt of any communications relating to international cooperation and judicial assistance

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.
2. The Registrar shall transmit the requests for cooperation made by the Chambers and shall receive the responses, information and documents from requested States. The Office of the Prosecutor shall transmit the requests for cooperation made by the Prosecutor and shall receive the responses, information and documents from requested States.
3. The Registrar shall beis the recipient of any communication from States concerning subsequent changes in the designation of the national channels charged with receiving requests for cooperation, as well as of any change in the language in which requests for cooperation should be made, and shall, upon request, make such information available to States Parties as may be appropriate.
4. The provisions of sub-rule 2 are applicable mutatis mutandis where the Court requests information, documents or other forms of cooperation and assistance from an intergovernmental organization.
5. The Registrar shall transmit any communications referred to in sub-rules 1 and 3 and rule 177, sub-rule 2, as appropriate, to the Presidency or the Office of the Prosecutor, or both.

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
concerning the intention of that State to authorize the person to remain in its territory or the location where it intends to transfer the person.

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:
(a) The conduct of the sentenced person while in detention, which shows a genuine dissociation from his or her crime;

(b) The prospect of the resocialization and successful resettlement of the sentenced person;
(c) Whether the early release of the sentenced person would give rise to significant social instability;
(d) Any significant action taken by the sentenced person for the benefit of the victims as well as any impact on the victims and their families as a result of the early release;
(e) Individual circumstances of the sentenced person, including a worsening state of physical or mental health or advanced age.

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

Part I

Article 1

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.

Article 2

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.

Article 3

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.

Article 4

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.

Article 5

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.

Article 6

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.

Article 7

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.

Article 8

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.

Article 9

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.

Article 10

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.

Article 11

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).

Article 12

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.

Article 13

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.

Article 14

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.

Article 15

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.

Article 16

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.

Article 17

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.

Article 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.

Article 19

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.

Article 20

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.

Article 21

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.

Article 22

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.

Article 23

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.

Article 24

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.

Article 25

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.

Article 26

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.

Article 27

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..

Article 28

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.

Article 29

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.

Article 30

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

Article 31

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.

Article 32

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.

Article 33

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.

Article 34

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).

Article 35

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).

Article 36

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.

Article 37

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.

Article 38

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.

Article 39

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.

Article 40

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.

5. The provisional World Parliament presumes that children who have not yet attained the age of fourteen do not have the capacity to infringe the penal law.

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.)

Part II

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..

Part III

Article 49

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.

Article 50

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.

Article 53

The Institute on Governmental Procedures and World Problems is the depositary of the present Statute.

Article 54

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.
13.2. The World Court shall strictly construe the definition of a crime and shall not extend by analogy. In case of ambiguity, the Juvenile Court shall interpret the definition in favour of the person being investigated, prosecuted or convicted.

13.3. This article does not affect the characterization of any conduct as criminal under world law independently of this Statute. .
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Article 14. 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.

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 Opera