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The International Alternative Court


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The International Alternative Court
Statute

January 2003


B. Final resolution over proposed activities
of the International Alternative Court
moved by the conference of plenary
public organisations representatives.


PREAMBLE

   The Member-Organisations to this Statute,
 
CONSCIOUS that all peoples are united by common bonds, their cultures and economies pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time by arbitrariness of certain state leaders, activities of political parties, people exercising economic influence, sectarians, people inclined to terror on a large scale, public figures in arts, science and religion,

FACING THE FACT that all the wars and global violence in the world have been caused by politicians who usurped power and rights to control law-enforcing and defence structures of a society,

MINDFUL that during this century millions of children, old people, women and men have been victims of unimaginable atrocities induced by politicians and by consequences of their education that deeply shock the conscience of humanity,
 
RECOGNIZING that such grave crimes threaten the moral, cultural, aesthetical, psychological and genetic inheritance of the humanity,

AFFIRMING that there are certain concrete personalities responsible for the most serious crimes of concern to the international community as a whole, that they must not go unpunished and that their effective legal prosecution should be ensured not only on a criminal level, but also  by climate of human repulsion both at a 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,
 
REMINDING that it is the duty of every association of people to exercise its justice of honour over those responsible for committing crimes,
 
REAFFIRMING the purposes and moral principles of the Statutes of the public organisations-members of the International Alternative Court and  that these organisations refrain from threat or appeals to political and law-enforcing structures of the society to use force against people with different views,

EMPHASIZING in this connection that nothing in this Statute shall be taken as authorizing any member  to interfere with the content of principles and Statutes of any organization, or internal activities of this organization, however with the right of evaluation the activity of this organization or its members, if this activity carries a punishable character,

DETERMINED to these ends and for the sake of present and future generations, to establish permanent International Alternative Court which has a power for moral and human condemnation of criminals harming cultural and moral human values,

EMPHASIZING that the International Alternative Court established under this Statute  does not exclude activity of any similar courts and shall be complementary to national and international criminal jurisdictions,

RESOLVED to guarantee lasting respect for and the enforcement of international justice and moral condemnation,

HAVE AGREED AS FOLLOWS:


PART 1.  ESTABLISHMENT OF THE COURT


 
Article 1

The Court

    An International Alternative Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to proclaim indictments against persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The convictions codex and functioning of the Court shall be governed by the provisions of this Statute.

 

Article 2

Relationship of the Court with the bodies of criminal jurisdiction

    The Court is not a part and does not submit to any bodies of criminal jurisdiction. In case of infringement of human moral norms by the bodies of jurisdiction selves, the persons involved in malicious deeds are not exempted from the condemnation under the moral code.
 

 Article 3

Seat of the Secretariat and the Court

    1. The seat of the Court shall be established on decision of member-organizations for a certain period of time.

    2. The Court is situated at headquarters which is to be approved by the Forum of member-organizations and thereafter concluded by the Chairman of the Court on its behalf.

    3. The Court may sit elsewhere, whenever it considers desirable, as provided in this Statute.

    4. The headquarters of the Secretariat is designated following offer from the Lithuanian Association of Scientists and Intelligentsia in the Republic of Lithuania  (ďHost StateĒ). The address of the Secretariat headquarters: Dvaro g. 38, Ramuciai, 54467 Karmelava, Kaunas region, Republic of Lithuania.

 

Article 4

Legal status and powers of the Court

    1. The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.
 
    2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any state under the invitation of the member-organizations and, by special agreement, under the invitation of other organizations.
 



PART 2.  JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW
 
Article 5

Crimes within the jurisdiction of the Court

    1. 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) crimes against humaneness;
    b) moral sadism;
    c) mockery of human dignity;
    d) information and spiritual terrorism;
    e) propagation of violence, debauchery and perversions;
    f) development of means of murder and violence;  
    g) direct or concealed advertising of behavioral algorithms which incite amoral and humiliating human dignity acts;
    h) cynicism and desecration of spiritual and cultural heritage through         professional activity of one person or a group of persons;
    j) moral and spiritual damage, also damage to cultural heritage of persons,  nation, ethnic or religious group of people through the activities of the State Services or persons in these Services or any State instances and institutions;
    k) military aggression which brought moral and cultural damage to own nation or to the nation on which aggression was accomplished;
    l) moral damage, genetic or ecological or damage to health caused through the activities of science, pedagogy and branches of medicine;
    m) operation of any kind of State Services which resulted in genocide as well as in damage to moral and genetic heritage;
    n) any activity which resulted in damage to human environment.


Article 6

Elements of Crimes

    1. Elements of Crimes shall assist the Court in the interpretation and application of article 5. They shall be adopted by a two-thirds majority of the representatives of member-organizations.
 
    2. Amendments to the Elements of Crimes may be proposed by:
        a) any member-organisation;
        b) the judges which take decisions by an absolute majority;
        c) the Council.

    3. The Elements of Crimes and amendments thereto shall be consistent with this Statute.


 Article 7

    Nothing in this Part of the Clause about causing damage shall be interpreted as limiting or prejudicing in any way the now existing or being under-development rules of international law or causing them damage for purposes other than this Statuteís.


Article 8

    The Court has jurisdiction with respect to crimes committed at all times and does not accept a provision on Ącrime prescriptionĒ.


Article 9

Referral of a situation by a victim or Member-Organization

    1. A victim or Member-Organization may refer to the Secretariat a situation in which one or more crimes within the jurisdiction of the Court referred to in article 5 appear to have been committed, requesting the Secretariat 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 supporting documentation as is available to the victim or organization referring the situation.


Article 10

Secretariat

    1. The Secretariat may initiate investigations on the basis of information on crimes within the jurisdiction of the Court referred to in article 5.
 
    2. The Secretariat shall evaluate the seriousness of the information received. For this purpose, it may seek additional information from the States, intergovernmental or non-governmental organizations, or other reliable sources that it deems appropriate, and may receive written or oral testimony at the seat of the Court.
 
    3. If the Secretariat concludes that there is a sufficient basis to proceed with an investigation, it shall submit to the Pre-Trial Council a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Council, in accordance with the Rules of Procedure and Evidence.
 
    4. If the Pre-Trial Council, 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 referred to in article 5, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the admissibility of a case.
 
    5. The refusal of the Pre-Trial Council to authorize the investigation shall not preclude the presentation of a subsequent request by the Secretariat based on new facts or evidence regarding the same situation.
 
    6. If, after the preliminary examination, the Secretariat concludes that the information provided does not constitute a reasonable basis for an investigation, it shall inform about it those who provided the information. This shall not preclude the Secretariate from considering further information submitted to it regarding the same situation in the light of new facts or evidence.

Article 11

Issues of admissibility

    1. The Court shall determine that a case is inadmissible where:
        a) the person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court was already performed;
        b) the case is not of sufficient gravity to justify further action by the Court.

    2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
        a) the proceedings were or are being undertaken for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court;
        b) the proceedings were not or are not being conducted independently and impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
        c) the proceedings were of nature that did not contain in itself the grounds and types of crimes listed in article 5.

    3. In order to determine in some cases inability or unwillingness of a given State to carry out Court examination of crimes according to article 5.



Article 12

Challenges to the jurisdiction of the Court
or the admissibility of a case

    1. The Court shall satisfy itself that it has jurisdiction in any case brought before it.
 
    2. Challenges to the admissibility of a case or challenges to the jurisdiction of the Court may be made by:
        a) an accused person;
        b) an association which has information about the crime or which is involved in the case.

    3. The Council may seek a ruling from the Court regarding a question of punishment or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation, as well as victims, may also submit observations to the Court.
 
    4. The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or association - prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial.
   
    5. Prior to the confirmation of the charges, challenges to the admissibility of a case shall be referred to the Secretariate. After confirmation of the charges, they shall be referred to the Council.
 
    6. Pending a ruling by the Court, the Council may seek authority from the Court:
        a)  to pursue necessary investigative steps;
        b)  to take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge;
 
    7. The making of a challenge shall not affect the validity of any act performed by the Council or any order or warrant issued by the Court prior to the making of the challenge.
 
    8. If the Court has decided that a case is inadmissible, the Council may submit a request for a review of the decision when it is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible.
 

 Article 13

Applicable law

    1. The Court shall apply:
        a) firstly, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;
        b) secondly, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law;

    2. The Court may apply principles and rules of law as interpreted in its previous decisions.
 
    3. The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender, age, race, color, language, religion or belief, political or other opinions, national, ethnic or social origin, wealth, birth or other status.



PART 3.  GENERAL PRINCIPLES


Article 14

Definitions

    1. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
 
    2. A person convicted by the Court may be prosecuted only under this Statute.


Article 15

Individual responsibility

    1. The Court shall have jurisdiction over any person over the age of 18.

    2. A person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
        a) commits such a crime, whether as an individual, jointly with another(s) or through another person(s);
        b) orders, solicits or induces the commission of such a crime;
        c) aiming to facilitate commission of such a crime, aids, abets or otherwise assists in its commission, including provision of means for its commission;
        d) contributes in any other way to the commission or attempted commission of such a crime by a group of persons acting with a common purpose;
        e) attempts to commit such a crime by taking action that commences its execution by means of a substantial step;
        f) regarding the crime of genocide, is, directly or indirectly, conductive to genocide;


Article 16

Irrelevance of official capacity or social status

    This Statute shall apply equally to all persons without any distinction based on official capacity or social status.



Article 17

Jurisdiction ratione temporis

    The Court has jurisdiction without respect to the prescription of crime.



Article 18

Crimes of propagation of themes

The Court shall have jurisdiction in respect to various themes, currents and kinds of activities if they carry a criminal character as referred to in article 5, or propagandize such crimes, create a situation for occurrence of such crimes or create and provide means.



Article 19

Grounds for excluding criminal responsibility

1.  In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
    a)  person suffers from a mental disease or defect that deprives that person of his or her capacity to appreciate the unlawfulness of his or her conduct;
    b)  person is in a state of intoxication that deprives that person of  his or her capacity to appreciate the unlawfulness of his or her conduct;
    c)  the person was brought in a state by criminals and their means (electronic, chemical, biological, psychotronic) that prevent that person from appreciation of the unlawfulness of his or her conduct;

2.  At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1.



Article 20

Orders of authority and official capacity

    The fact that any crime within the jurisdiction of the Court, referred to in article 5, was performed following the orders of authority or exercising official duties does not exempt from a criminal responsibility.



PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT
 
Article 21

Organs of the Court

The Court shall be composed of the following organs:
    a) The Presidium;
    b) An Appeals Division, a Trial Division and a Pre-Trial Division;
    c) Office of the Council;
    d) The Secretariat;
    d) A Punishment Execution Division.



Article 22

Presidium, Judges, Council, Secretariat

    1. The judges are selected by Presidium according to the contents of the examined case.

    2. The Presidium consists of the members of the Council and judges. The chairman of Presidium is elected by an absolute majority of votes.

    3. The members of the Council are elected in the Forums.

    4. The Appeals Division, Trial Division and Pre-Trial Division are staffed   according to volume of work of the Court.

    5. The Secretariat is appointed by a regular procedure.



Article 23

Excusing and disqualification of judges

    1. The Presidium may, at the request of a judge, excuse that judge from the exercise of a function under this Statute.
 
    2. A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground.

    3. The Council or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph.



PART 5.  INVESTIGATION AND PROSECUTION


 
Article 24

Initiation of an investigation

    1. The Council shall, having evaluated information made available to it, initiate an investigation.  The Council shall appoint a commission for the investigation of the crime.

    2. If, upon preliminary investigation, the Council concludes that there is not a sufficient basis for a prosecution then the Council shall inform the organization, association or responsible person who referred a situation.

    3. The Council may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.


 

Article 25

Rights of persons during an investigation

    1. In respect of an investigation under this Statute, a person:
        a) shall not be compelled to incriminate himself or herself or to confess guilt;
        b) shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
        c) shall not be considered guilty before the decision of the Court.
 
    2. Where there are grounds to believe that person has committed a crime within the jurisdiction of the Court that person shall also have the following rights of which he or she shall be informed prior to beginning of proceedings:
        a) to be informed that there are grounds to believe that he or she has committed a crime;
        b) to remain silent;
        c) to have assistance of the public;
        d) to be questioned publicly unless the person has voluntarily waived his or her right to counsel.



Article 26

Issuance of accusation by the Pre-Trial Division

    1. At any time after the beginning of investigation, Pre-Trial Division may request the accused to appear in the Court, in the case it is sure that:
        a) there are reasonable bases to believe that this person has committed a crime or crimes within the jurisdiction of the Court;
        b) the participation of this person in the trial is deemed necessary.

    2. The application of the Council shall contain:
        a) the name of the person and any other relevant identifying information;
        b) a specific reference to the facts which are alleged to constitute crimes;
 
    3. The notice of accusation shall contain:
        a) the name of the person;
        b) a specific reference to the crimes within the jurisdiction of the Court;
        c) a concise statement of the facts which are alleged to constitute those crimes;
        d) the form of representation of the person to the Court.

    4. The presented accusation remains valid until the Court will decide otherwise.



Article 27

Proclamation of accusation prior to court examination 

    1. Taking into consideration social significance of the accusation, complaints and applications with regard to alleged crime can be put forward by the Council publicly for a nation-wide discussion.

    2. The Council may hold an enquiry with participation of public organizations and victims so that the investigation results would be made widely known.

    3. The accused have(s) the right to put forward own justifications and objections to a public discussion.

    4. The publicity process is accomplished by the Pre-Trial Division. For this reason, the Pre-Trial Division can petition for accusation disaffirmation, basing itself on the public opinion. This does not prevent the Council from putting forward a new accusation based on additional materials and information.
              

                                

PART 6.  THE TRIAL



Article 28

Place and form of the Trial

      1. The place of the trial can be determined during the investigation.

      2. The trial shall be held in public.

      3. Taking into consideration the Council membersí as well as expertsí      geographical dissemination, also in case of trials of international crimes or    crimes with international significance, trial can be carried out with the aid     of means of telecommunications. In this case information pertinent to the   process of the trial is made public in mass media.
     
      4. The form of the accused presence is determined by the Court.



Article 29

Proceedings on an admission of guilt

     1. Where the accused makes an admission of guilt, the Court shall determine whether:
          a) the admission of guilt is made voluntarily;
          b) the accused understands the full extent of the crime and its consequences.
 
     2. In case of a not complete admission of guilt or refusal, the Court determines the degree of guilt in the process of trial.

     3. Any discussion between the Council and defense regarding the matter of modification of accusation, admission of guilt or punishment is not obligatory for the Court. 
 


Article 30

Presumption of innocence

    1. Everyone shall be presumed innocent until proved guilty before the Court.
 
    2. The onus is on the Council to prove the guilt of the accused.

    3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
 


  Article 31

  Evidence

    1. Before testifying, each witness shall give an undertaking as to the truthfulness of the evidence to be given.

    2. The Court shall have the authority to request submission of all evidence that it considers necessary for the determination of the truth.

    3. The Court shall not require proof of facts of common knowledge but may take judicial notice of the witnessí attitudes while presenting facts.
 

    

Article 32

Offences against the administration of justice

    1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
        a) giving false testimony;
        b) presenting evidence that the party knows is false or forged;
        c) corruptly influencing a witness or retaliating against a witness for giving testimony, destroying, tampering with or interfering with the collection of evidence;
        d) intimidating or corruptly influencing an official of the Court;
        e) retaliating against an official of the Court;
        f) soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

    2. In case of offences committed against the administration of justice which manifested themselves in actions falling under criminal punishment, the Court petitions to appropriate organs and courts with the purpose of prosecution.    


PART 7.  PENALTIES

Article 33

Applicable penalties

    1. Isolation in human society acts as an effective means of criminalís     punishment for committed crime and is determined by the gravity of the     crime in question and its consequences.

    2. The Court may impose one of the following penalties on a person          convicted of a crime referred to in the article 5 of this Statute:
        a) open public condemnation for the committed crime;
        b) moral isolation for a determined period by way of appropriate atmosphere of  disdain and hostility in that social milieu where the criminal lives;
        c) stigma for a determined number of years or
        d) stigma of contempt and shame for life in those cases when itís justified by exceptionally grave crime.

    3. Apart from public condemnation, moral isolation by contempt and stigma of shame, the Court may at the same time administer measures of criminalís intolerance, using mass media and notification of criminalís children, grandchildren, relatives and that human environment in which the criminal lives.



PART 8.  APPEAL AND REVISION



Article 34

Appeal against decision of acquittal or conviction or against sentence

    1. The Court decision may be appealed in accordance with the Rules of Procedure and Evidence as follows:
        a) The Council may make an appeal if it was committed a procedural error, error of fact or error of law;
        b) The convicted person, or after his or her death, a spouse, parents or a public organization may make appeal, if it was committed a procedural error, error of fact, error of law, or any other ground that affects the fairness or reliability of the proceedings or decision.

    2. Execution of the decision or sentence can be suspended during the period allowed for appeal and for duration of examination in the appeal proceedings.

    3. Each party may appeal:
        a) decision in regard to jurisdiction and permissibility;
        b) decision in regard to a question which would considerably influence a just and speedy court examination.



Article 35

Proceedings on appeal

    1. The Appeal Chamber examines a case of conviction and returns it for an additional investigation, in case there are convincing grounds for that.

    2.The Appeal Chamber declines petition, if finds it unfounded.



PART  9.    EXECUTION


Article 36

Organ of punishment execution 

    1. A part of the Court is an Organ of punishment execution, the function of which consists in the implementation of the decision of the Court that passed the sentence.

    2. Accepting the Courtís documents which attest the committed crime, the consequences of this crime that already taken place and experts conclusion about presupposed consequences, Organ of punishment execution:
        a) makes this decision and the crime content known in the social environment of criminal;
        b) informs international community, via mass media and other means, with education and prevention of similar villainy as a goal;
        c) exposes this crime to public discussion, for educational purposes, for reviving the culture when people are reluctant to ruin their honor and pride;
        d) makes for public reprimand and hostility towards the criminal.

    3. Because next crime can be maturing, the Courtís decision is presented to public in a form that classifies the committed crime and draws analogies.



PART 10.  FINANCING


Article 37

    Expenses of lodging a complaint, collection of evidence, travel and other expenses connected with examination are borne by person who lodges complaint, excluding those cases when the Council accepts these expenses or part thereof.



Article 38

Voluntary contributions

    1. The Court may receive and utilize voluntary contributions from governments, international and public organizations, individuals, corporations and other entities.

    2. The contributor may pretend to make a claim to ear-mark it for a special, clearly indicated, purpose, whether it will be examination or punishment execution.



Article 39

Funds of the Court

    With the object of financing the International Alternative Court activity the Fund of International Alternative Court is set up.



Article 40

With the aim of control implementation over funds allocation and expenditure purpose and volume, an Auditing Commission is appointed, or once a year an independent Auditor is recruited. The commission members are nominated by the organizations-members.



PART11.   FINAL CLAUSES


Article 41

Settlement of disputes

    1. Any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court.

    2. Any other dispute between the organizations-members relating to the interpretation or application of the present Statute shall be settled by the International Forum.

    3. The International Alternative Court does not recognize claims and diktat of other courts:  in accordance with a clause about inevitability of the International Alternative Court establishment in counterbalance to the political spirit of these courtsí jurisdiction.



Article 42

Reservations

    No reservations may be made to this Statute without prior discussion of the Statute on the International Forum of the members-organisations.



Article 43

Signature, acceptance, approval or accession
    1. The present Statute shall be open for signing by all who is defined according to the part B of the present Documents.  Request is sent to Secretariat at the following e-mail address:

    2. The participation request is examined by the Council of the member-organisations.

    3. Allowed is a subsequent joining of any entity that corresponds to the definitions of the part B of the present Documents.


 

Article 44

Complaints lodging

    1. A complaint is lodged on an application form to the following e-mail address:
        a) if unwilling to make complaint a public knowledge
        b) if desire to make it known to public
       
    2. The application form for lodging complaint is enclosed with these  documents.