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DispatchAccountDiplomacy

by The Democratic Commonwealth of Ecclestia. . 395 reads.

CILJ - Statute of Birmingham


COURT OF INTERNATIONAL LAW AND JUSTICE
COUR DE DROIT INTERNATIONAL ET JUSTICE

STATUTE OF BIRMINGHAM

Entered into Force:

PART I - Establishment of the Court of International Law and Justice

Article 1
1.1 A Court of International Law and Justice (‘the Court’) is hereby established and shall have international legal personality. It shall be a permanent institution and have the power to exercise its jurisdiction over the parties and polities which have agreed to abide by the decisions of this Court. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.

Article 2
2.1 The Court has jurisdiction only with respect to matters occurring after the entry into force of this Statute.
2.2 If a Region or Polity becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to matters occuring after that Region or Polity becomes a member of the Court.

PART II - Composition and Administration of the Court

Article 3
3.1 The Court shall be composed of the following organs:
(a) Board of Directors;
(b) Full Bench of the Court of International Law and Justice;
(c) Chamber of Inter-Regional Affairs;
(d) Chamber of Original Jurisdiction;
(e) Chamber of Regional Appeals;
(f) The Legal Association;
(g) The Registry.

Article 4 - Board of Directors
4.1 The Board of Directors (‘The Board’) shall be the independent, executive oversight body of the Court ensuring it functions consistently with and in the spirit of this Statute.
4.2 The Board shall be composed of 4 voting members: 3 nations and the Former Chief Justice of the CILJ.
4.3 A Chairman shall be elected for a 6 month term from among The Board members and shall serve as long as they retain the confidence of the Board.
4.4 Board Members shall serve 6 month terms (except for the Former Chief Justice) and may serve a maximum of 3 consecutive terms with no maximum number of terms.
4.5 The original 3 voting members of The Board shall be Ecclestia, United Christian and The Rouge Christmas State.
4.6 If a vacancy on the Board occurs, the Board shall, in an open and transparent manner, call for applicants to fill the vacancy of which the Board shall vote on a nation to fill the vacancy.
4.7 The Board shall be responsible for the final appointment of all vacant positions in the Court, subject to provisions in this Statute.

Article 5 - Full Bench of the Court of International Law and Justice
5.1 Any decision of a Chamber may be appealed to The 'Full Bench' for reasons of a procedural error, error of fact, error of law or any other reasonable grounds as approved by the Chief Justice.
5.2 The 'Full Bench' shall be composed of 3 Judges headed by a Chief Justice who shall be appointed by the Board from a Judge already sitting on the 'Full Bench'.
5.3 The 'Full Bench' shall be the highest Chamber of Appeal for the Court whose decisions shall be binding on that of any lower Chamber or Court.

Article 6 - Chamber of Inter-Regional Affairs
6.1 The 'Chamber of Inter-Regional Affairs' shall hear all cases regarding, but not limited to inter-regional allicances, treaties, agreements and disputes between governments; nations and/or other polities in different regions and may be used as either a Court of Appeal or Original Jurisdiction, upon agreement.
6.2 The 'Chamber of Inter-Regional Affairs' shall hear all cases where 2 or more regions, nations or other recognised international entities in different regions, voluntarily agree to bring a dispute to the Court and agree to submit to the ruling of the Court.
6.3 The 'Chamber of Inter-Regional Affairs' shall be the Court of original jurisdiction for matters relating to this statute.
6.4 The 'Chamber of Inter-Regional Affairs' shall be composed of 3 Judges led by a Head Justice who shall be appointed by the Board from a Judge already sitting in the Chamber.

Article 7 -Chamber of Original Jurisdiction
7.1 The 'Chamber of Original Jurisdiction' shall hear cases where a Region has nominated for the Court to have original jurisdiction over all of the Region's judicial affairs.
7.2 The Chamber may only hear cases where a region has no established dispute resolution process or judicial structure.
7.3 The 'Chamber of Original Jurisdiction' shall be composed of 3 Judges led by a Head Justice who shall be appointed by the Board from a Judge already sitting in the Chamber.

Article 8 - Chamber of Regional Appeals
8.1 The 'Chamber of Regional Appeals' shall hear cases where a Region has permitted, after agreement with the Court, for the CILJ to act as the final Court of Appeal in the Region's dispute resolution process and shall only have Appellate Jurisdiction in relation to that Region's Judicial Affairs.
8.2 The Chamber may only hear cases where a region has an existing dispute resolution process and where the CILJ is the final (not an intermediary) Court of Appeal in the region's judicial hierarchy.
8.3 The 'Chamber of Regional Appeals' shall be composed of 3 Judges led by a Head Justice who shall be appointed by the Board from a Judge already sitting in the Chamber.

Article 9 - The Legal Association
9.1 The Legal Association shall be the Professional Accreditation Body and Representative for CILJ Lawyers.
9.2 The Legal Association shall grant membership to lawyers who have demonstrated a sound degree of experience and competence as CILJ lawyers. Such lawyers may use the suffix 'LA' to their name.
9.3 The Legal Association shall be headed by the 'President of the Legal Association', who may not be a Judge of the Court and must be a member of the association and shall serve a 6 month term and may serve no longer than 2 consecutive terms. Candidates for President shall be recommended by the Appointments Committee and chosen by the Board from the recommendations. The First President shall be appointed by the Board.

Article 10 - The Registry
10.1 The Registry shall be the body of staff who perform the non-judicial functions of the Court, who shall be directly responsible to the Board.
10.2 The Registry shall have as many staff as the Registrar deems necessary to ensure the smooth operation of the CILJ.
10.3 The Chief Registrar shall be appointed by the Chairman of the Board serving at the will of the Chairman and shall be responsible for the oversight of the Registry.

Article 11 - Appointments Committee
11.1 The Board shall appoint a 4 member 'Appointments Committee' which shall be composed of a Judge from one of the Chambers, a Judge from the Full Bench of the CILJ (who is not the Chief Justice), the Former Chief Justice and the President of the Legal Association.
11.2 A Director shall be elected among the members of the 'Appointments Committee.'
11.3 An 'Appointments Committee' shall serve a term of 6 months. A maximum of 3 members may be rolled over to the next committee with no member serving more than 2 consecutive terms.

Article 12 - Judicial Appointments
12.1 In the first instance, the Board shall select all Justices for the Court.
12.2 When a judicial vacancy arises, except for that stated in 5.2 or any other area of this Statute, either in a Chamber or on the 'Full Bench', the 'Appointments Committee' shall recommend to the Board 3 nations who have demonstrated: A high moral character, impartiality and integrity and have established competence in relevant areas of international law and/or possess experience in a capacity which is of relevance to the judicial work of the Court. From these nominations, the Board must affirm 1 candidate to fill the vacancy.
12.3 The 'Appointments Committee' may never nominate a current Board Member to serve as a Judge.

PART III - Operation of the Court

Article 13 - Independence, Disqualification and Expulsion of Judges
13.1 The Judges shall be independent from external influence and pressures in the performance of their Judicial functions.
13.2 Judges, Board Members and Lawyers, whether accredited by the Legal Association or not, when engaged in the business of the Court, shall enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.
13.3 A Judge must declare any possible conflict of interest before the commencement of a case and not judge a case if the conflict shall impact the independence or impartiality of their judgement.
13.4 The Prosecutor or the person being investigated or prosecuted may request the disqualification of a Judge from a case under this paragraph.
13.5 A Judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any grounds. A Judge shall be disqualified from a Case in accordance with this paragraph if, that Judge has previously been involved in any relevant capacity in that Case before this Court or in a directly related case at the Regional level involving the nation or polity being investigated or prosecuted.
13.6 A Judge must retire after 3 years service in the Court however may become a Judge again after a minimum 6 month break.
13.6 Any question as to the disqualification of a Judge or expulsion due to serious misconduct or a serious breach of duty of a Judge shall be decided by a 3/5 majority vote of all Justices of the Court and a concurrent 3/4 majority of the Board. The challenged Justice shall be entitled to present his or her comments on the matter, but shall not take part in the decision.
13.7 A Judge may be a member of another non-CILJ Court or body however must declare this conflict as per 13.3 when relevant.

Article 14 - Official Procedure
14.1 The Chief Justice together with the Board shall, in accordance with this Statute create the Regulations of the Court necessary for its routine functioning.
14.2 Every Justice who hears a case must present their own judgement, or affirm that of another Judge on the same case, which shall include the outcome of the case and legal reasoning employed in reaching that decision.

Article 15 - General Principles
15.1 A party shall not be liable under this Statute unless the conduct in question constitutes, at the time it takes place, an area within the jurisdiction of the Court.
15.2 No person shall be liable under this Statute for conduct prior to the entry into force of the Statute.
15.3 This Statute shall apply equally to all Nations, Regions and Polities without any distinction based on any 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 responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
15.4 A party shall be innocent until proven guilty.
15.5 The onus of proof, unless stated by the Chief Justice or Head Judge shall be on the prosecution.

Article 16 - Witnesses
16.1 Witnesses may be brought before the Court upon request by a party and the approval by the Head Judge.
16.2 A Witness may only answer questions as directed to them.

Article 17 - Representation
17.1 A Party may elect for another Nation to represent them during the proceedings.
17.2 A Party may hold or withhold representation at their own discretion.
17.3 A Representative shall be granted the same rights and responsibilities within the tribunal as if they were the Party which they are representing.
17.4 Whilst the Court recognises members of the Legal Association as bona fide lawyers of the CILJ, anyone may represent a Party in the Court.

Article 18 - Enforcement
18.1 The enforcement of Rulings by the Court shall be enacted by the parties of the Case or by any other body as is reasonably determined by the Judges.
18.2 If the Court’s Ruling has not been implemented within a reasonable time, the Registry shall, on behalf of the Board of Directors, take over the enforcement of the Ruling.
18.3 If the Ruling has still not been complied with after intervention form the Registry, the Board may suspend or expel the non-compliant party or parties from the Court.

PART IV - Miscellaneous

Article 19 - Membership
19.1 Any Region, Inter-Regional Organisation, Treaty, Agreement or other polity which is similar in nature, may register for Membership of the Court through the Registry. When a Region applies for membership, they must state explicitly whether the Court shall have Original or Appellate Jurisdiction over the Region's judicial affairs which shall determine which Chamber shall hear cases from that Region.
19.2 Any application decision may, on reasonable grounds, be over-ruled by a majority vote of the Board.
19.3 Any member may be suspended or expelled on reasonable grounds by a majority vote of the Board which shall be limited by 18.3 of this Statute.
19.4 The Registry shall compile a list of Members and note which type of Jurisdiction the Court shall have in respect to that member and which Chamber shall hear disputes by that member.

Article 20 - Amending this Statute
20.1 Anyone may submit to the Board a proposal to amend this Statute.
20.2 In all Articles a majority of the Board, and in Articles 1-4, 9-10, 14-20 a majority of Judges, shall be required for the amendment to come into effect.
20.3 If a majority of the Board votes in favour of the amendment, the Board shall conduct another vote on the amendment no sooner than 1 week but no later than 1 month after the original vote of which a majority must again affirm the amendment for it to come into effect.


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