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Article 186 Prosecuting criminals on the basis of universal jurisdiction regardless of a territorial or nationality nexus required a solid commitment of political will from national governments. Once in effect, the Earth Court of Justice will become the principal judicial organ of the Earth Community. The Court will have a dual role: to settle in accordance with international law the legal disputes submitted to it by States, local communities, and in some special cases by corporations, non-government-organizations and citizens, and to give advisory opinions on legal questions referred to it by duly authorized organs and agencies. Article 187 The Court will be composed of judges appointed by the Elected Representatives Council and Security Council. It may not include more than one judge of any nationality. The Members of the Court do not represent their governments but are independent magistrates. The judges must possess the qualifications required in their respective countries for appointment to the highest judicial offices, or by jurists of recognized competence in international law. The composition of the Court has also to reflect the main forms of civilization and the principal legal systems of the world. Back to top of the page
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Article 188 The Earth Court of Justice will hear cases involving: * nation states * national political and military leaders accountable for violations of international humanitarian law * 'core' crimes of genocide * crimes against humanity and human rights * war crimes * crimes with significant impacts perpetuated against the life-support system of the planet (for instance wars and use of weapons of widespread destruction are listed under this category) * crimes related to the relentless misuse of the Earth Resources * environmental crimes * social crimes as the Court may see apply * crimes stemming from the global ministries * the process of creating a new nation in the world * deciding on disputing territories between nations
Article 189 1. All Members of the Earth Community are facto parties to the Statute of the Earth Court of Justice. 2. A state which is not a Member of the Earth Community may become a party to the Statute of the Earth Court of Justice on to be determined in each case by the Elected Representative Council upon the recommendation of the Security Council. Back to top of the page
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Article 190 The procedure followed by the Court is defined in its Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter. Article 191 The Court decides in accordance with: * belief, values, principles and aspirations of the New Age, * the Scale of Human and Earth Rights * international treaties and conventions in force, * international custom, * the general principles of law and, * as subsidiary means, judicial decisions and the teachings of the most highly qualified publicists. Back to top of the page
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Article 192 1. Each Member of the Earth Community undertakes to comply with the decision of the Earth Court of Justice in any case to which it is a party. 2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give to the judgment. Article 193 Nothing in the present Charter shall prevent Members of the Earth Community from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future. Back to top of the page
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Article 194 1. The Elected Reprensatives Council or the Security Council may request the Earth Court of Justice to give an advisory opinion on any legal question. 2. Other bodies of the Earth Community and specialized agencies, which may at any time be so authorized by the Elected Reprensatives Council, may also request advisory opinions of the Court on legal questions arising within the scope of their activities. (Articles 195 to 200 will be added later) Back to top of the page
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Copyright © 2001 Global Community WebNet Ltd.
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