Nightsong
Bookworm
The Office of International Services of The Rose League wishes to put forward the following proposal for discussion by the members of the Assembly of Nations. The proposal carries the current title of 'Criminal Court of Eras (CCE)' and was authored by Elizabeth O'Shea, The Rose League's representative to the International Association of Nations.
The Rose Statue of the Criminal Court of Eras establishes three core international crimes: genocide, crimes against humanity / sentient species and war crimes. The Criminal Court of Eras shall have “the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions”. Under the Rose Statute, the CCE can only investigate and prosecute the three core international crimes in situations where states are “unable” or “unwilling” to prosecute the accused themselves.
The Rose Statue of the Criminal Court of Eras establishes three core international crimes: genocide, crimes against humanity / sentient species and war crimes. The Criminal Court of Eras shall have “the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions”. Under the Rose Statute, the CCE can only investigate and prosecute the three core international crimes in situations where states are “unable” or “unwilling” to prosecute the accused themselves.
Criminal Court of Eras (CCE):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,
Recognizing that grave crimes threaten the peace, security and well-being of the world,
Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,
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 every State to exercise its criminal jurisdiction over those responsible for international crimes,
Resolved to guarantee lasting respect for and the enforcement of international justice,
Determined to these ends and for the sake of present and future generations, to establish an independent and permanent Criminal Court of Eras in relationship with the International Association of Nations, with jurisdiction over the most serious crimes of concern to the international community as a whole,
Emphasizing that the Criminal Court of Eras established under this Statute shall be complementary to national criminal jurisdictions,
Have agreed to the creation of an Criminal Court of Eras as governed by the provisions of the following Rose Statue of the Criminal Court of Eras.
Article I:
(1) An Criminal Court of Eras (“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 international 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.
(2) State Party shall refer to the signatory nations who ratify this Rose Statute of the Criminal Court of Eras (“this Statute).
Article II:
(1) The seat of the Court shall be established at Navia-Askontar in the Federation of Kalti ("the host State").
(2) The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of Nations and thereafter confirmed by the Secretary-General of the International Association of Nations.
(3) The Court may sit elsewhere, whenever it considers it desirable.
Article III:
The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(a) the crime of genocide
(b) crimes against humanity / sentient species
(c) war crimes
Article IV:
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:
(a) killing members of the group
(b) causing serious bodily or mental harm to members of the group
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
(d) inflicting upon a people policies that overtly or covertly seek to destroy their culture and supplant them for another
Article V:
For the purpose of this Statute, “crimes against humanity / sentient species” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilization population, with knowledge of the attack:
(a) unlawful killing / murder
(b) extermination
(c) enslavement
(d) deportation or forcible transfer of population
(e) imprisonment or other severe deprivation of physical liberty
(f) torture
"Attack directed against any civilian population" means a course of conduct involving one or more of the acts referred to above against any civilian population.
"Extermination" includes the intentional infliction of conditions of life and the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population.
"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 children and the defenseless.
"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.
"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.
Article VI:
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. However it may only do so when no actions to prosecute such crimes are being covered by the national jurisdiction where such crimes occurred, even after notification to the Court of such allegations. As such, for the purpose of this Statute, “war crimes” means:
(a) wilful killing
(b) torture or inhuman treatment, including biological experiments
(c) wilfully causing great suffering, or serious injury to body or health
(d) excessive destruction beyond necessity and / or appropriation of property
(e) compelling a prisoner of war or other protected person to serve in the forces of a hostile power
(f) wilfully depriving a prisoner of war or other protected person of their rights to a fair trial
(g) unlawful deportation or confinement of prisoners of war
(h) taking of hostages
Article VII:
Prosecution of war crimes fall primarily to the jurisdiction where the crime, as referred to in Article II, occurred, and would be handled by that State’s judicial system. Should the State’s judicial system be incapable of carrying out the persecution due to not being able to handle the scope of the procedure, the courts having become non-existent due to the State failing or corruption among the ranks of the State’s judicial system, that State may call upon or be called upon by the Peacekeepers of the International Association of Nations and defer to this Court to handle the prosecution of the crime.
Article VIII:
The Court may exercise its jurisdiction with respect to a crime referred to in Article II in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with Article IX;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a member of the Council of Nations or the Secretary-General of the International Association of Nations;
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with Article X.
Article IX:
(1) 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.
(2) As far as possible, a referral shall specify the relevant circumstances and be accompanied by such support documentation as is available to the State Party referring the situation.
Article X:
(1) The Prosecutor may initiate investigations on his or her own on the basis of information on crimes within the jurisdiction of the Court.
(2) The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from the State Party or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.
(3) If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Trial Chamber a request for authorization of an investigation, together with any supporting material collected.
(4) If the 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.
(5) The refusal of the 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.
(6) If, after the preliminary examination referred to in Sections 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.
(7) A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws.
Article XI:
The Court shall be composed of the following:
(a) The Presidency
(b) The Trial Chamber
(c) The Office of the Prosecutor
(d) The Office of Defence
Article XII:
(1) The judges of the Court shall be chosen from among persons of high moral character, impartiality and integrity.
(2) Nominations of candidates for election to the Court may be made by any State Party.
(3) In total, there shall be eleven judges elected to the Court.
Article XIII:
(1) The President and the Vice-President shall be elected by an absolute majority of the judges from within their ranks. Both the President and the Vice-President shall serve until the end of their respective terms of office as judges. They shall be eligible for re-election once.
(2) The Vice-President shall act in place of the President in the event that the President is unavailable.
(3) The President, together with the Vice-President, shall constitute the Presidency, which shall be responsible for the proper administration of the Court and the Trial Chamber with the exception of the Office of the Prosecutor and the Office of Defence.
Article XIV:
(1) The Office of the Prosecutor shall act independently as a separate entity of the Court. 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.
(2) The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority over the management and administration of the Office. The Prosecutor shall be assisted by two Deputy Prosecutors, who shall be entitled to carry out any of the acts required of the Prosecutor. The Prosecutor and the Deputy Prosecutors shall be of different nationalities.
(3) The Prosecutor shall be elected by an absolute majority of the State Parties. The Deputy Prosecutors shall be elected in the same way from a list of four candidates provided by the Prosecutor.
(4) The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case.
(5) 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 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.
Article XV:
(1) The Office of Defence shall act independently as a separate entity of the Court. It shall be responsible for receiving witness testimony and other materials related to the defence of the person or State that is being charged with the crime. A member of the Office shall not seek or act on instructions from any external source.
(2) The Office shall be headed by the Defence Attorney. The Defence Attorney shall have full authority over the management and administration of the Office. The Defence Attorney shall be assisted by two Deputy Defence Attorney’s, who shall be entitled to carry out any of the acts required of the Defence Attorney. The Defence Attorney and the Deputy Defence Attorney’s shall be of different nationalities.
(3) The Defence Attorney shall be elected by an absolute majority of the State Parties. The Deputy Defence Attorney’s shall be elected in the same way from a list of four candidates provided by the Prosecutor.
(4) The Presidency may excuse the Defence Attorney or a Deputy Defence Attorney, at his or her request, from acting in a particular case.
(5) Neither the Defence Attorney nor a Deputy Defence Attorney 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 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.
Article XVI:
Unless otherwise decided, the place of the trial shall be the seat of the Court.
Article XVII:
(1) There shall be one Trial Chamber with nine sitting judges presiding over cases brought before the Court. A sentence requires either a two-thirds majority of the judges or a full majority of the judges in order to be carried out.
(2) 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.
(3) The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session to protect confidential or sensitive information to be given in evidence.
(4) At the commencement of the trial, the Trial Chamber shall have read to the accused the charges. 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, to plead not guilty or to plead nolo contendere (no contest).
(5) On the grounds that the intentional, bad-faith loss or destruction of material evidence by the prosecution deprives the defendant of due process of law and equal protection of the law, a motion may be called by the Defence Attorney to dismiss the case.
Article XVIII:
(1) Where the accused makes an admission of guilt or pleads nolo contendere (no contest), the Trial Chamber shall determine whether:
(a) The accused understands the nature and consequences of the admission of guilt;
(b) The admission is voluntarily made by the accused after sufficient consultation with
defence counsel offered by the Office of Defence.
(2) Where the Trial Chamber is satisfied that the matters referred to in Paragraph 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.
(3) Where the Trial Chamber is not satisfied that the matters referred to in Paragraph 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 as an ordinary trial.
(4) Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required for either party in the interests of justice, in particular the interests of the victims, the Trial Chamber may:
(a) Request the Prosecutor and / or the Defence Attorney to present additional evidence, including the testimony of witnesses;
or
(b) Order that the trial be continued as an ordinary trial, in which case it shall consider the admission of guilt as not having been made.
(5) No person shall be subject for the same offence to be twice put in jeopardy of life or limb; nor shall they be compelled in any criminal case to be a witness against himself / herself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Article XIX:
(1) The accused shall be presumed innocent until proven guilty before the Court in accordance with the applicable law(s).
(2) The onus is on the Prosecutor to prove the guilt of the accused and the onus is on the Defence Attorney to prove the innocence of the accused.
(3) In order to convict or not convict the accused, the Court must be convinced of the guilt or innocence of the accused beyond reasonable doubt.
Article XX:
(1) State Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Statute.
(2) State Parties shall, in accordance with the provisions, cooperate as fully as possible with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.
