La Cour Internationale Alternative
The International Alternative Court
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International Alternative Court
B. Final resolution over proposed activities
of the International Alternative Court
moved by the conference of plenary
public organisations representatives.
Member-Organisations to this Statute,
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,
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 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
RESOLVED to guarantee lasting respect for and the
international justice and moral condemnation,
HAVE AGREED AS FOLLOWS:
PART 1. ESTABLISHMENT OF THE COURT
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
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.
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.
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.
PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW
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:
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.
3. The Elements of
Crimes and amendments thereto shall be consistent with this Statute.
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.
The Court has jurisdiction
with respect to crimes committed at all
times and does not accept a provision on Ącrime prescriptionĒ.
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.
1. The Secretariat may
initiate investigations on the basis of
information on crimes within the jurisdiction of the Court referred to
in article 5.
Issues of admissibility
1. The Court shall determine
that a case is inadmissible
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:
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.
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.
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.
1. The Court shall apply:
2. The Court may apply
principles and rules of law as interpreted
in its previous decisions.
PART 3. GENERAL PRINCIPLES
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.
1. The Court shall have
jurisdiction over any person over the age
2. A person shall be
criminally responsible and liable for
punishment for a crime within the jurisdiction of the Court if that
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.
Jurisdiction ratione temporis
The Court has jurisdiction
without respect to the prescription of crime.
Crimes of propagation of themes
The Court shall have jurisdiction in respect to
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.
Grounds for excluding criminal responsibility
1. In addition to other grounds for
responsibility provided for in this Statute, a person shall not be
criminally responsible if, at the time of that person's conduct:
2. At trial, the Court may consider a
ground for excluding
criminal responsibility other than those referred to in paragraph 1.
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
PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT
Organs of the Court
Court shall be composed of the following organs:
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
4. The Appeals Division, Trial
Division and Pre-Trial
Division are staffed according to volume of work of the
5. The Secretariat is
appointed by a regular
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.
3. The Council or the person
being investigated or
prosecuted may request the disqualification of a judge under this
PART 5. INVESTIGATION AND PROSECUTION
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
reconsider a decision whether to initiate an investigation or
prosecution based on new facts or information.
Rights of persons during an investigation
1. In respect of an
investigation under this Statute, a person:
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:
4. The presented accusation
remains valid until
the Court will decide otherwise.
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
3. The accused have(s) the
right to put forward own
justifications and objections to a public discussion.
PART 6. THE TRIAL
Place and form of the Trial
1. The place of
the trial can be
determined during the investigation.
Proceedings on an admission of guilt
1. Where the accused
an admission of guilt, the Court shall
Presumption of innocence
1. Everyone shall be presumed
innocent until proved guilty
before the Court.
3. In order to convict the
accused, the Court must be
convinced of the guilt of the accused beyond reasonable doubt.
1. Before testifying, each
witness shall give an
undertaking as to the truthfulness of the evidence to be given.
Offences against the administration of justice
1. The Court shall have
jurisdiction over the
following offences against its administration of justice when committed
PART 7. 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
of a crime referred to in the article 5 of this Statute:
PART 8. APPEAL AND REVISION
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:
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
PART 9. EXECUTION
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
PART 10. FINANCING
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.
1. The Court may receive and
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.
Funds of the Court
With the object of financing
the International Alternative Court
activity the Fund of International Alternative Court is set up.
With the aim of control implementation over funds
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
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
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
No reservations may be made to
this Statute without prior discussion of
the Statute on the International Forum of the members-organisations.
Article 431. 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:
Signature, acceptance, approval or accession
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.
1. A complaint is lodged on an
application form to
the following e-mail address: