WOCIT HP 2004-9-16
E-CHAPTER.html
THE CHARTER OF
THE WORLD CITIZENS’ TRIBUNAL
CHAPTER 1 PURPOSES AND PRINCIPLES
Article 1 (purposes) The principal purposes of the WORLD CITIZENS’ TRIBUNAL (WOCIT) are:
1 to contribute to the settlement
of conflicts and establishment of peace in the vast space from the view
point of values not only of States but also of all mankind, all the Earth
and the Cosmos, forming a clear view of the demand of the times;
2 to contribute to the settlement of social, environmental problems
and disarmament problem including the nuclear weapons, and for this purpose
to strengthen world-wide or regional cooperation;
3 to give legal advices, to answer questions,
and approaching contesting parties peacefully, to exercise good offices,
to mediate among parties and to undertake conciliation, contributing to
the settlement of the conflicts;
4 to request the contesting parties to submit
the problem to an international court of justice when they can not settle
contentious problems of international law by diplomatic negotiation and
the other peaceful means;
5 to open the door of the WORLD CITIZENS’ TRIBUNAL
when there is not response to the said request, and to show the most authoritative
and solid legal judgment in the world in which many Citizen Judges on all
the Earth will take part; and
6 to establish permanent WOCIT Regional Courts in the regions
to which jurisdictions of international courts of justice do not reach
unconditionally and where “rule by force” stalk with a haughty air, and
to make efforts to establish “the rule by law”
Article 2 (principles)The WORLD CITIZENS’ TRIBUNAL shall follow the below-mentioned principles.
1 The WORLD CITIZENS’ TRIBUNAL shall be a neutral international
NGO, and not be a legal person of any country;
2 In the WORLD CITIZENS’ TRIBUNAL shall dominate the principles
of democracy, respect of human rights and participation of the general
public;
3 The WORLD CITIZENS’ TRIBUNAL shall respect international law
and not intervene in the internal matters of any State;
4 The WORLD CITIZENS’ TRIBUNAL shall not discriminate against
nations nor stimulate national emotion unnecessarily in the procedure of
conciliation and lawsuit but Judgment.
5 The WORLD CITIZENS’ TRIBUNAL shall cooperate with the Governments,
the United Nations, international organizations, NGO and NPO;
6 On legal judgment, the WORLD CITIZENS’ TRIBUNAL shall make an effort
not to bring forth a duality of norms of international law;
7 The WORLD CITIZENS’ TRIBUNAL shall advise many times contesting
parties to compromise during litigation; and
8 The WORLD CITIZENS’ TRIBUNAL is based on members’ good
intentions and volunteerism.
CHAPTER 2 PRINCIPAL ORGANS
Article 3 (principal organs) 1 The principal organs of the WORLD CITIZENS’ TRIBUNAL are a World
Citizens’ General Assembly, a Central Court of Justice and Central Secretariat.
2 In the WORLD CITIZENS’ TRIBUNAL shall be established Regional
General Assemblies and National General Assemblies the latter of which
take on an independent character, and as permanent courts a World Citizens’
Supreme Court, a Central Court and Regional Courts and an Administrative
Court. These organs may be established one by one according to the possibility
to realize them.
CHAPTER３ THE CITIZENS’GENERAL ASSEMBLY
Article 4 (composition and function) 1 The World Citizens’ General Assembly shall be composed of its
President, its Vice-Presidents, Presidents of the Regional General Assemblies,
Presidents of National General Assemblies, a Central Secretary-General.and
representatives
2 The principal functions of the World Citizens’ General
Assembly shall be to elect President of the World Citizens’ General Assembly
and Central Secretary-General, to bring actions in a WOCIT Court. to revise
the present Charter,to decide a membership fee andbudget andto decide cooperation
with the United Nations so on.
3 World Citizens' General Assembly may establish Examining Committee
on its own initiastive or at request by a Court, which will make up a report
on facts of a given case and present it to the Court.
Article 5 (the Regional General Assemblies and National General Assemblies) 1 Regional General Assemblies shall be composed on the basis of plural
National General Assemblies.
2 The principal functions of the Regional General Assembliesand
theNational General Assemblies are to make an effort to establish peace
and an international community by rule of law in its peripheral region,
to settle social and environmental problems in the field of international
law, to bring an action in the WOCIT Court and so on.
CHAPTER 4 THE SECRETARIAT
Article 6 (composition and functions) 1 The Central Secretariat shall be composed of 15 downwards members appointed
mainly by the Central Secretary-General.
2 Its principal function shall include the following matters:
a. to formulate,revise and abolish rules on unimportant matters
of the WOCIT
b. to make an effort to to collect competent Judge candidates and
the Coworkers;and
c. to do routine work.
Article 7 (National Secretariat and Regional Secretariat) The common principal functions of the National Secretariat and of the Regional Secretariat are,among others:
a. to make an effort to enlist competent Judge Candidates and Coworkers;and
b. to do one's own routine work.
CHAPTER 5 COMPOSITION OF COURTS
Article 8 (fundamental composition of the Court of Justice) 1 In the WOCIT shall be established four kinds of permanent Courts(Article 3）and ad hoc the Court of Arbitration, plural Regional Courts may be established,
and an Administrative Court shall treat with jurisdictional and internal
matters of the WOCIT.
2 Judges shall become either a Permanent Judge, a Special Judge or aCitizen Judge. Judges recommended by Heads of State shall sit in their
Court to the extent of one third of all the Judges, and in each Court other
than the Administrative Court and the Court of Arbitration shall sit one Judge
well-selected as an activist of high moral character.
Article 9 (Central
Court) 1 The Central Court shall be composed of a President, Vice-Presidents and Permanent Judges.
2 In the Central Court there shall sit 15 Permanent Judges, principal function of the Court is to decide problems of jurisdiction and provisional measures.
Article 10 (the Regional Courts) 1 When a case is submitted，the President of the Central Court
shall appoint from among the Permanent Judges a President of the Regional
Court and four Permanent Judges most suitable to the case. In these five
persons may be included the Judges Recommended by Heads of State and the
Judges of Contesting parties’ Side. If there are all the Judges of Contesting
parties’ Side, the five Judges may examine and judge on facts.
2 When the Regional Court treat with applied law, it
shall be composed of 15Judges. A person of the third State other than parties
of a case shall be President of the Regional Court, and the Judges of Contesting
parties’ Side shall be Vice-Presidents of the Regional Court.
3 When one Regional Court deal with two cases at the same time, 30 Judges
in charge of them will sit in the said Court.
Article 11 (the Chambers) 1 In any Court may be established a Summary Procedure Chamber with a view to the speedy dispatch of business and theParticular Cambers for
dealing with a case composed of some categories of legal questions.
2 The Summary Procedure Chamber shall be, in principle, composed of
threeor five Judges whom a President appoints.
Article 12 (President election and the function) 1 The President of the Central Court shall be
elected by the majority of its Judges Candidates.
2 The President of the Central Court shall not be
reelected for the third term. The following President of the Court shall be
elected from among the former Vice-Presidents. Judge Candidates Recommended by
Heads of State may become President of a Court.
3 Common principal functions of the Presidents of the Central Court
and the Regional Court are as follows:
a. to preside over meetings, direct examinations and trials, to represent
one’s own Court; and
b. to exercise general control over the
Registry, provided that they may entrust mainly the Court of the Administration
with judicial administrations.
Article 13 (Vice-president of Courts) 1 The President shall appoint Vice-presidents, whose term of service is 5 years.
2 The function of the Vice-President
shall be to assist the President of the Court by the latter’s request.
Article 14 (Permanent Judges) 1 In principle, five Permanent judges shall take part in the examination
and the trial from the first stage of the submission of a case to the Court.
2 It is these five Permanent Judges’principal function to determine legal facts. Some Special Judges may be
the Judges for that determination at this stage.
Article 15 (Special Judges) The Special Judges shall carry out their special function at the latter half stage when they interpret and apply international law to legal facts fixed by the procedure of foregoing Article and make up and confirm a judgment or advisory opinion.
Article 16 (Citizen Judges) 1 The
principal purpose of Citizen Judge system is to know an aspect of the world
opinion and to reflect, in the World Citizens’ Full Court, the opinion current
to judgments and advisory opinions as provided for in Article 29.
2 The Citizen Judge’s principal function is to state one’s approval or
disapproval very concisely and freely on the order of begining trial of
a case, its priority, the irrevocable draft of judgment or advisory opinion
before its deliverance and the extent of international responsibility.
3 A Head of State may participate in the WOCIT as a Jury, provided that the
Head's functions are the same with a Citizen Judge's functions. The General
Assembly will decide how many votes a Head of State may have. (This clause
was added 16 September 2004. Click here)
Article 17 (independence of the Courts and Judges) All the Judges shall form legal judgments，following the dictates of one’s conscience and independent of any person, any State and any other organ of the WORLD CITIZENS’ TRIBUNAL.
CHAPTER６ JURISDICTION AND ACTION
Article 18 (jurisdictional matters) 1 The Courts may have jurisdiction over the below-mentioned matters:
ａ. the interpretation of relevant
treaties;
ｂ. any question of international law;
ｃ. the existence of any fact which, if established，would constitute
a breach of an international obligation; and
ｄ. the nature or extent
of the international responsibility for the breach of an international
obligation or international crime.
2 If between contesting parties there is an agreement on freezing
it or in case the United Nations requests the WOCIT not to receive the action
and, the WORLD CITIZENS’ TRIBUNAL shall take them into account duly.
Article 19 (all the world Citizens’ right to anonymous Summary Action)
1 In principle any person and organization（a common Citizen,
a State, an International Organization, NGO, NPO, Juridical Person and so on） may be a party
of a case in the WORLD CITIZENS’ TRIBUNAL.
2 Any world Citizen, even if he is not a contesting
party , may bring an action in the WORLD CITIZENS’ TRIBUNAL
through an anonymous summary petition for the purpose of clarifying the
relations between rights and duties in international law.
Article 20 (jurisdiction) In addition to the Action provided for in the preceding Article, the Courts
may exercise its jurisdiction if:
ａ. contesting
parties entrust the settlement of their conflict to the World Citizens
according to their agreement; and
ｂ. there
is an legal action as provided in Articles 4, 5, or 19.
Article 21 (emergency
measure) 1 The Courts may have the
power to advise, if it considers that circumstances so require or especially
Citizens’ lives or their fundamental rights are in a considerably critical
situation, any emergent provisional measures which ought to be taken to
preserve the respective rights of either party, not waiting for a final
judgment or an advisory opinion.
2 This advise shall be notified also to the suitable States, International Organizations, NGO, NPO and so on.
CHAPTER 7 APPLICATION OF THE ICJ STATUTE MUTATIS MUTANDIS AND DEMOCRATIC PROCEDURE
Article
22 (application of statute mutatis
mutandis) 1 Taking into account the application of the ICJ Statutemutatis mutandis, the Preparatory Committee or the Central Secretariat shall prescribe more
concrete legal procedure by STATUTET OF THE WORLD CITIZENS’ TRIBUNAL and
its detailed rules.
2 Written procedure shall be valued more than oralprocedure, and modern high techniques may be used freely.
3 An action and questions to
the WORLD CITIZENS’ TRIBUNAL and other procedure shall be filed through the
Registry.
4 Parties to a case may present to the Regional or Special Registry awritten request asking a judgment or an advisory opinion favorable to him,
and any interested person whom a copy of the written request is sent may
refute it.
Article 23 (democratic
procedure) 1 The World Citizens,Tributnal may hear ordinary Citizens’ opinions. Any Citizen may state their concise opinion
by an email, a fax or a postcard and present one’s private draft of a judgment.
2 The WORLD CITIZENS’ TRIBUNAL shall ask information media to take a public
opinion poll on “the rule of law” and the action pending in the Court,
and at the same time may hold an open forum.
3 The Court shall be opened as much as possible, using the Internet,
CD, relay broadcasting or others as much as possible.
4 It is the advocate’s duty to answer in writing, and the duty of
the Court to answer in its final legal judgment, questions addressed by the General
Assemblies and the Secretariats and questions addressed by world Citizens through
the Secretariat.
CHAPTER 8 JUDGEMENT ADVISORY OPINIONS
Article
24 (norms of judgment) 1 The Courts, whose function are to decide in accordance with international
law, shall apply as ICJ:
a. international conventions，whether general or particular,
establishing rules expressly recognized by the contesting States;
b. international custom, as evidence of a
general practice accepted as law;
c. the general principles of law recognized by
civilized nations; and
d. judicial decisions and the teachings of the
most highlyqualified publicists of the various nations，as subsidiary
means for the determination of rules of law.
2 This provision shall not prejudice the power of the Courts to decide
the case ex aequo et bono, if the parties agree thereto.
Article 25 (drafting and
open forum) 1 In principle, the Permanent Judges shall be in charge of drafting legal
facts in a judgment or an advisory opinion, and the Special Judgesshall be in charge of drafting on legal judgment by which international
law will be applied to the facts.
2 Citizen Judges' opinions in the World Full Court shall be respected.
3 Process of forming a judgment or an advisory opinion and their draftshall be opened all over the world.
4 The WORLD CITIZENS' TRIBUNAL may hear the world Citizens' opinion about
the said draft, may hold an open forum and recommend 7 times contesting
parties to reconcile to each other.
Article 26 (examination of answers and pronouncement) 1 The Secretariat shall examine if the final draft of judgment or advisory
opinion has answered the questions or opinions of Citizens which had been
put forth through the Secretariat and of the General Assemblies and Secretariats
themselves.
2 The Regional Gourt shall send the final draft of the judgment or the advisory
opinion to the Citizen Judges and ask their opinions.
3 The Presidents shall give a judgment or an advisory opinion to the parties of the case.
Article 27 (a period of performance of a judgment) As
for a judgment or an advisory opinion the WOCIT Court may, if it considers that
circumstances so requires, decide a definite reasonable period of time for
performing them within 20 years.
Article 28 (sending a sentence everywhere in the World) A judgment or an advisory opinion may be sent for reference to each State of the world, the Organization of the United Nations, NGO, NPO, academic societies of international law, other Citizens and organizations interested in the case. The WORLD CITIZENS’ TRIBUNAL shall ask them to respect it.
CHAPTER 9 THE WORLD CITIZENS SUPREME COURT
Article 29 (appeal) 1. When any majority of International Law Judges
or the other Common Citizen Judges are against a judgment or advisory opinion,
any Citizen interested in the case as well as its parties may appeal to the
World Citizens Supreme Court.
2. If a treaty
concerning an inter-State court and a fundamental document concerning a civil
international court recognize an appeal of the case with which a WOCIT court dealt,
the appeal is permitted. (This clause was added 24 January 2008. Click here)
3. Before the appeal the WORLD CITIZENS’ TRIBUNAL shall recommend the parties
to settle the problem by peaceful means including a compromise made before
the Regional Court
Article 30 (composition and
functions) 1 The World Citizens’ Supreme Court shall be composed of 30 Judges
altogether: 15 Judges in charge of a case of a Regional Court and another 15
Judges most suitable to the case.
2 The World Citizens’ Supreme Court may reconfirm totally the judgment or
advisory opinion of the Regional Court, or send the case back to the Regional
Court, annexing its own opinion, or deliver its own judgment or advisory
opinion.
Article 31 (finality and revision of the judgement) The judgement and advisory opinion of the World Citizens’ Supreme Court is final and without appeal, provided that an application for revision of a judgement may be made only when it is based upon the discovery of definite new facts.
CHAPTER 10 THE REGISTORY
Article 32 (appointment and record) 1 Each President of Court may direct the work and administration of one’s
Registry. Each Secretary-General shall appoint the members of its Registry,
consulting the President of each Court.
2 Any submission of a case shall be passed, first of all, through
the Registry of the Court of
Administration.
CHAPTER 11 MISCELLANEOUS PROVISIONS
Article 33 (Internet Court) The WORLD CITIZENS’ TRIBUNAL may conduct the examination and the trial not only by a ICJ model but also by an Internet model or their mixed model.
Article 34 (anonymity) In the Internet case or mixed case the WORLD CITIZENS’ TRIBUNAL may introduce an anonymous system in order to avoid pressures and other bad influences upon Judges and the other members who are scattered all over the world.
.
Article 35 (court costs) Unless otherwise
provided, each party shall bear its costs.
Article 36 (finance) The WORLD CITIZENS’ TRIBUNAL may receive donations except from contesting parties under the condition that the bank should notify the WOCIT of the donators’ names (who seem to have direct interests in the case) after the exhaustion of expressions of all the Judges’ opinions.
Article 37 (seat of the Court) 1 Theseat of the WORLD CITIZENS’ TRIBUNAL shall be in Sapporo city. It may
be established at a placewhere it is more convenient and where security will
be guaranteed.
2 The Regional Courts shall perform their functions, unless otherwise provided, independent of the WOCIT Center.
Article
38 (official language) 1 The official languages of the
WORLD CITIZENS’ TRIBUNAL shall be English, French and Japanese.
2 The
Court shall decideto what extent English, French and Japanese and
other languages may be used practically in the Court in a given case.
Article 39 (rules)
1 THE PROSPECTUS ON ESTABLISHING A WORLD CITIZENS’ TRIBUNAL,THE COVENANT OF THE PREPARATORY COMMITTEE FOR THE WORLD CITIZENS’ TRIBUNAL andTHE RULES OF THE
PREPARATORY COMMITTEE FOR THE
WORLD CITIZENS’ TRIBUNALshallbe the components of the present Charter.Detailed
regulations shall be stipulated by the Statute of the WORLD CITIZENS’ TRIBUNAL and other rules.
2 Trial procedure other than written rules may bedecided by the
judgment of the President of the Court.
Article 40 (effectuation and revision) The present Charter shall come into effect when 5 persons enumerated in A PROSPECTUS ON ESTABLISHING A WORLD CITIZENS’ TRIBUNAL will agree to the document. Reserving Article 11 of THE COVENANT OF THE PREPARATORY COMMITTEE FOR THE WORLD CITIZENS’ TRIBUNAL, the said Committee or the World Citizens’ General Assembly may revise the present Charter by a two-thirds majority.
Notes for Actors
Summery petition: A person or an organization thinking about an action is requested to write concisely in English, French or Japanese by a post-card, an unsealed letter, a fax or an email the reasons why they have brought the action exactly to the WOCIT; contesting parties’ names; and the address where to make contact.
In thepetition, please write freely about the above-mentioned three points within 3 pages. We will not receive a sealed letter or a parcel.
Anonymous petitions: A person willing to bring an anonymous action is requested not to inform the Registrar of the Court of one’s personal information such as one’s real name and the address, not to write the petition by himself, but to let an amanuensis write it, amanuensis’s address and liaison office. If a person represents an anonymous group, only he may write his real name and his address.
Anonymous actor may bring an action also through WOCIT Judges and Judge Candidates.
The
Action forms The WOCIT adopts the following 7 action forms:
a. Action which both contesting parties will
bring to the Court on the basis of their agreement without falling into an into an accuser-accused relation;
b. .Action which an organ of WOCIT will bring to the Court on neutral
standpoint;
ｃ. Action which an united international law-suit groups other than WOCIT will
bring to the Court on neutralstandpoint;
ｄ. Action which an international law-suit group
other than WOCIT will bring to the Court on neutral standpoint;
ｅ. Action which an international law-suit group
(non-contesting party ) will bring without another party’s agreement;
ｆ. Action which a contesting party will bring
without an agreement with another contesting party; and
ｇ. Action
which an individual, non-a contesting party will bring to the Court without another party’s agreement.
The Receiver: TheRegistrar of the WOCIT Interim Court Mr.Nobuyuki Sasagawa
Address: This 1 building, 6F, 1-chohme, Kita-1-19, Nangohdohri, Siroisiku, Sapporo city, Japan, 003-0023
Summery Petition by a fax:
Summery Petition by an E-mail :
Home Page: http://www.wocit.org