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 A WORLD CITIZENS’ COURT

      THE PREPARATORY COMMITTEE,

　   CELEBRATING the one hundredth anniversary of the first Hague international peace conference,

    AGREED to the present document on the seventh day of July, nineteen hundred and ninety-nine, the day of the festival of weaver star Vega,

    MADE it public on the 31^st day of May of 2000 year in Sapporo. 

THE FIRST PREPARATORY COMMITTEE

FOR CREATING A WORLD CITIZENS’ COURT

Organized on the 22 day of May, 1999

Chairperson  Rikio Kaneko, professor of Sapporo University, master of law (international law)

Vice-Chairperson Shouji Matsumoto, Sapporo Gakuin University, master of law (international law)

Committeeman Masanori Kumasiro, managing director of the Japanese academic association of harbor economics  

Committeeman Hidetoshi Taga, professor of Waseda university, master of law (international relations)

Secretary-General Noriaki Suzuki, professor of Sapporo university, master of politics (comparative regional politics)

   The Candidates of the Second Preparatory Committee

Rob Wheeler, Chair and Coordinator of Millennium Peoples Assembly Network, USA

 　　Kirill Cherevko, Dr. of history, member of UN academy of international

          informatization, Russia

Troy Davis, President of World Citizen Foundation, France
H.J.van den Herik,Dr. of Computer Science, Maasricht University, Holland
Koumato Enoch, Dr. of law (international law international law), Chad.

REASONS ROR ESTABLISHING WORLD CITIZENS COURT

      1．In eighteen hundred and ninety-nine there was held the first international peace conference in Holland. At this time celebrating the one hundredth anniversary and welcoming the Millennium, we the Preparatory Committee  would like to create a World Citizens’ Court (hereinafter referred to as WOCIC[w∧sik]), and want to contribute to establishing an amicable settlement system of international disputes and a world Citizens society by rule of law

     2．Our Preparatory Committee for creating the WOCIC thinks that it is possible to settle present international law problems taking place in this world. That is to use jointly diplomatic negotiations and the UN International Court of Justice

       3.  Although under the international system of the 20-th century countries could act considerably freely, playing a definite role, it is also a fact that the world Citizens’ rights and those of countries have been violated by States’ powers and states’ armament for a background.  

     4.  Though there exists the Organization of the United Nations, it is a system where the Citizens’ securities and those of States are not guaranteed sufficiently because of abuses of the veto of the permanent members of the Security Council and the UN International Court of Justice (ICJ) would not have in principle jurisdiction when there is not an agreement between the parties on the said jurisdiction and individuals would not have a right to bring an action to it.

５. As a result, States acted self-righteously here and there, and there were constant violations of rights by States, some cases of which were considerably against the aspirations of Citizens all over the world.

     6.  Though a State collects taxes from Citizens, the former  does not always comply with latter’s wish. National tax goes to the UN, and it pays salary to the ICJ Judges. Even if the Judges are competent, it is not rare that they have not been able to play the role of keeper of the law, witnessing miserable conditions where rights of not a few Citizens and States have been trampled upon.We can not shut our eyes to such a system any more.

     7.  Furthermore, we must point out a problem. When a Citizen’s rights are infringed abroad, an aggravated burden is laid upon the Citizen’s shoulder: he should first exhaust remedies available to him under the law of that foreign country and having failed to get fairness, resign himself to the situation or go along risky way.

     8.  The improper use of veto by the permanent members of the Security Council; the ICJ jurisdiction from which a trespasser can escape if he wants; the international system imposing the condition of the exhaustion of local remedy for laying an international remedy; and Citizens’ low position or incompetence to institute a suit ? such existing international systems can not meet the interests and welfare of world Citizens of the new century and the world society at large. We must do something, and create something new.

FOR ESTABLISING THE EARTH SOCIETY RULRD BY LAW

     9.  What can world Citizens do in order to establish an earth society ruled by law?  One can work upon governments to submit international law problems of long standing to ICJ and other international courts of justice. It has, among others, the following merits

10.  Firstly, it leads to a fairer settlement because an imminent international justice suppresses and brakes an exorbitant political demand. Secondly, a more positive settlement can be made. Broadly speaking, international courts decide cases for some years. Thirdly, the decisions of the ICJ are legally the most solid and most authoritative, and the repulsion of the counterforce in the countries concerned becomes minimum.

     11. Nongovernmental sector is able to play a definite role in settling international conflicts and maintaining peace, as well as to democratize international juridical system, reinforcing it. Exactly of such a character is the World Citizens’ Court which we are going to create. Not only each Head of State and Member of Parliament but also any Governor, Mayor, Town Headman, Village Chief and even Citizen may recommend judge candidates.  

     12.  We, the Preparatory Committee, wish for a change of the international system which can meet the demands of the 21^st century. Now it is necessary to correct long-standing defects, to strengthen world Citizens’ position and the Organization of the United Nations, and for all the States to obey the ICJ jurisdiction unconditionally as a principle which was adopted in the Hague on 15 May, 1999.

COROLLARY OF CREATING WORLD CITIZENS COURT

     13.  However there is no guarantee that on entering 21^st century, States will act in this way. Further it must be added that even if all the States in the world accept the jurisdiction of the ICJ, it is highly probable that international conflicts will be used as political games, congresses dancing, and States will behave self-righteously if world Citizens have not the right to bring an action in a court. 

        14. On the other hand, just like civil system of “Alternative Dispute Resolution“ developed in many countries of the world, a civil system of settling conflicts peacefully is necessary in the Earth society for legal advice, mediations, conciliations, decisions, advisory opinions and so on.

     15.  It is just in order to correct the above-mentioned conventional defects of international systems to answer the new demand of the 21^st century that the Preparatory Committee has determined to create theWOCIC, getting support from world Citizens.

     16. We wish to cooperate with world Citizens, governments and international organizations in accordance with the Hague spirit of 1999, to create the WOCIC by the end of 2000, and to open a door of the Court, to begin with, through the Internet at the first sunrise of the 21^st century for world Citizens, each country of the world and international organizations.

   

THE WOCIC OF THE CITIZENS, BY THE CITIZENS AND FOR THE CITIZENS

      17.  The permanent and universal WOCIC which we are going to establish is extremely unique in many points, and as a whole it is very democratic and epoch-making without a precedent.

     18.  It is a democratic world court which takes into account various interests not only of States but also of the Earth and cosmos. It is of the Citizens, by the Citizens and for the Citizens. For the Citizens, our WOCIC will make an effort to maintain cooperative and supplementary relations with Governments of  countries, international organizations, international courts of justice and NGO. 

     19.  The characteristics of the World Citizens’ Court which result from our common spirits are international, neutral, peaceful and, what is most important, of Citizens’ character.

     20.  Firstly, in the World Citizens’ Court, Judges and the other members work voluntarily as in many NGO. The WOCIC is a typical and neutral international NGO in a judicial field. 

     21.  Secondly, it is epoch-making that not only specialists in international law but also hundreds of thousand Citizen Judges can participate in the process of passing legal judgment, and that great many jurists may take part in the elections of the Judges who will draft a judgement. On the other hand, one third of all the Judges are allotted for those who are recommended by Heads of State, by which we are also taking into account the State interests. 

22.  Thirdly, in our World Citizens’ Court, common people, even a Citizen who is not a party in contention, is high in position, is able to bring a legal action incongnito against a person who seems to violate international law.

 23.  Fourthly, in a sense the World Citizens’ Court is stronger than the ICJ. Because the World Citizens’ Court is able to throw its net of jurisdiction upon any State-violator however it may try to escape from it, whereas a State can escape easily from a net of ICJ jurisdiction when it does not like the ICJ. There is no exaggeration in emphasizing this significance.

     24.  Fifthly, we would like to call attention to that the WOCIC is a peaceful court of sound judgement. Even if the WOCIC receives a legal action, it does not go straightly to its judicial judgement, but first of all, will try good offices, mediation and conciliation, and during litigation it proposes compromises to parties in contention 7 times.

     25.  Sixthly, Internet will be used at its maximum of efficiency. During litigation Judges’ opinions and the draft of judgment will be opened to all the world, which is not to be compared with the secrecy of the ICJ.

     26.  Lastly, we set up “The United World Citizens” (an embryo of the World Citizens’ counterpart of the United Nations), where world Citizens may talk freely, interchange and work in the field of their ordinary life and local society.

     27.  We thirst for “the rule by law”, not “the rule by force”. Some existing systems are convenient for States to behave self-righteously, and it is possible that such systems will become further separate from the aspirations of the world Citizensof the new century, therefore the birth of the WOCIC has important meanings. We appeal to all the world Citizens so that they might raise the seed of the present WORLD CITIZENS COURT.