STATUTE of THE WORLD COURT OF HUMAN RIGHTS
PREAMBLEWE, THE DELEGATES OF THE WORLD GOVERNMENT OF WORLD CITIZENS, IN CONVENTION ASSEMBLED, 12 JUNE, 1974, IN MULHOUSE, FRANCE, REPRESENTING MORE THAN TWO MILLION ADHERENTS, AND ACTING ON BEHALF OF THE PEOPLE OF THE WORLD COMMUNITY, UNANIMOUSLY
A) ESTABLISH THE WORLD COURT OF HUMAN RIGHTS;
B) AFFIRM our commitment to a global order under the Rule of Law, guaranteeing human rights and fundamental freedoms for all without distinction or dissemination;
C) AVER that humankind's human rights are interdependent and are not abstract concepts, and that public awareness of such rights is therefore a guarantee of their protection;
D) RECOGNIZE the obligation to create a world order in which humans neither have to kill nor be killed;
E) DECLARE that the WORLD COURT OF HUMAN RIGHTS, premised on WORLD DUE PROCESS OF LAW and PRINCIPLES OF NATURAL JUSTICE, gives individuals and groups standing before a world tribunal;
F) ADOPT. the STATUTE OF THE WORLD COURT OF HUMAN RIGHTS;
G) And DECLARE, that the WORLD COURT OF HUMAN RIGHTS
1) IMPLEMENTS the right to life;
2) AFFIRMS that concern for the SECURITY and FREEDOM of the INDIVIDUAL is greater than principles of JURISDICTION derived from TERRITORIAL SOVEREIGNTY, NATIONALITY, and other technical concepts;
3) ASSERTS that everyone has the right to liberty and the security of the person and the unity of the physical, spiritual and moral creation of the earth and the equality of all human beings to be free of oppression or repression;
4) CONDEMNS militarization;
5) ESTABLISHES the remedy of WORLD HABEAS CORPUS;
6) ASSISTS regional and global formulae for implementing fundamental freedoms and human rights;
7) RECOGNIZES that the dignity of the individual is in keeping with essential moral needs, and this dignity finds expression in human rights;
8) Limits the arbitrary powers of government;
(a) freedom from arbitrary imprisonment, torture, physical or psychological
(b) the right of everyone to liberty of movement and freedom to choose one's
residence; (c) the right of everyone to leave any country freely, including one's own, and to enter any country freely;
(d) the right of everyone not to be expelled from the territory of the State of which one is a national nor be refused permission to enter that State;
(e) the prohibition of the collective removal of individuals from their current residence or domicile;
(f) the right to work;
(g) the right to an adequate standard of living;
(h) the right to health;
(i) the right to be presumed innocent;
(j) the right to reasonable bail;
(k) the right to a fair trial before an impartial tribunal;
(l) the right to counsel of one's choice;
(m) the right to defend one self through legal assistance of one's own choosing;
(n) the right to call, examine and cross-examine witnesses;
(o) the right to have the services of an interpreter;
(p) the right to education;
(q) the right to self-determination;
(r) freedom from discrimination based on age, culture, disability, gender, language, race, religion and sexual orientation;
(s) the right to freedom of association;
(t) the right to take part in government.
(u) the right to a healthy and sustainable environment.
BY VIRTUE OF THE FOREGOING,THE CONVENTION OF THE WORLD GOVERNMENT OF WORLD CITIZENS SOLEMNLY DECLARES: IN ORDER TO MORE FULLY ESTABLISH AND IMPLEMENT THE SANCTITY OF HUMAN FREEDOM AND THE SECURITY OF THE PERSON, PROVIDE FOR THE GLOBAL SOVEREIGNTY OF THE PERSON AND GUARANTEE ALL HUMAN RIGHTS, ADOPT THE PRINCIPLES OF WORLDWIDE DUE PROCESS OF LAW, THE PRINCIPLES OF NATURAL JUSTICE, AND THE DEFINITIVE LEGAL REMEDY OF THE WRIT OF WORLD HABEAS CORPUS, HEREBY STRUCTURES THE WORLD COURT OF HUMAN RIGHTS.
ARTICLE I THE STRUCTUREThe HIGH COURT is presided over by the CHIEF JUSTICE. The REGIONAL COURTS are to be presided over by ASSOCIATE JUSTICES . CHIEF ASSOCIATE JUSTICES are to be available to assist the CHIEF JUSTICE in the total administration.
ARTICLE II REMEDIESThe COURT is empowered to process petitions for the WRIT OF WORLD HABEAS CORPUS and other complaints or communications by and on behalf of individuals when their individual security or other human rights are violated without DUE PROCESS OF LAW.
ARTICLE III THE JURISTSThe REGIONAL COURTS presided over by the CHIEF JUSTICE shall be composed of a body of distinguished jurists of global stature and high moral character, who possess the qualifications required for appointment to the highest judicial offices, or are JURIS-CONSULTS of recognized competence in World Law.
ARTICLE IV JURISDICTION
1) The CHIEF JUSTICE of the COURT shall appoint a distinguished
jurist from each of the REGIONS to this STATUTE to process all
allegations of deprivations of human rights, and shall advise
recommendations to the CHIEF JUSTICE who shall communicate the
judgment(s) to the accused or offending government.
2) There shall be ASSOCIATE JUSTICES on each of the regional tribunals of equal competence and jurisdiction, with their boundaries and jurisdiction to be determined by the CHIEF JUSTICE.
3) The CHIEF JUSTICE shall define the boundaries of each of the regional circuits.
4) The jurists shall be distributed to each of the REGIONAL CIRCUIT COURTS for functions of or acting as ASSOCIATE JUSTICES for the purpose of examining each petition for the WRIT OF WORLD HABEAS CORPUS for its legal sufficiency.
5) A PERSON, for purposes of jurisdiction of the COURT, may be regarded as a person living within the regional court's jurisdiction and in which one ordinarily exercises civil, cultural, economic, environmental political and social rights.
6) Stateless persons shall be regarded as a person under global law.
ARTICLE V ASSOCIATE JUSTICESTo be designated by the CHIEF JUSTICE, in consultation with legal faculties and schools of law, and sections of academies devoted to the study of world law.
ARTICLE VI TENURE
1) ASSOCIATE JUSTICES of the COURT are designated to be permanent
members of the CIRCUIT TRIBUNALS and shall hold office for nine years.
2) MEMBERS of the COURT shall continue to discharge their duties until their places have been filled. Though replaced, they shall finish any cases which they may have begun during the nine year team.
3) In the case of resignation of a MEMBER of the COURT, the resignation shall be addressed to the CHIEF JUSTICE. This notification to the CHIEF JUSTICE and confirmation by the CHIEF JUSTICE makes the office vacant.
ARTICLE VII REPLACEMENTA MEMBER of the COURT designated to replace a member whose term office has not expired shall hold office for the remainder of his predecessor's term. An ASSOCIATE JUSTICE may be removed by a majority of the ASSOCIATE JUSTICES. The CHIEF JUSTICE shall vote only in the event a tie.
ARTICLE VIII INDEPENDENCE
1) No MEMBER of the COURT shall exercise any political or
administrative function, or engage in any other occupation of a
2) Any doubt on this point shall be settled by the decision of the entire COURT governed by vote as specified in ARTICLE VII.
ARTICLE IX INTEGRITY
1) No MEMBER of the COURT may act as AGENT, COUNSEL, or ADVOCATE
in any case.
2) No MEMBER may participate in the decision of any case in which that MEMBER has previously taken part as AGENT, COUNSEL, or ADVOCATE for one of the PARTIES, or as a MEMBER of a NATIONAL or INTERNATIONAL COURT, or of a COMMISSION of inquiry, or in any other capacity.
3) Any doubt on this point shall be settled by the decision of the COURT pursuant to ARTICLE VII.
ARTICLE X DISMISSAL
1) Pursuant to ARTICLE VII no MEMBER of the COURT can be dismissed
unless, in the majority opinion of the MEMBERS, that MEMBER has ceased
to fulfill the required conditions and competence of his of five.
2) Formal NOTIFICATION thereof after vote shall be made by the CHIEF JUSTICE.
3) NOTIFICATION makes the place vacant.
ARTICLE XI OATHEvery MEMBER of the COURT shall, before taking up the duties, make a solemn declaration in open COURT: "I am a citizen of the WORLD GOVERNMENT of WORLD CITIZENS and will exercise my powers impartially and conscientiously."
ARTICLE XII REGISTRARS, - CLERKS, - CONSENTThe CHIEF JUSTICE and ASSOCIATE JUSTICES shall appoint their REGISTRARS and may provide for the appointment of such other officers as may be necessary to fulfill the duties of the COURT. Each CIRCUIT TRIBUNAL shall appoint a CLERK to assist the CHIEF JUSTICE. The CLERK shall be a person learned in world law, who shall furnish information upon some matter of law in regards to which the JUSTICE is doubtful or mistaken, or upon a matter of which the COURT may take judicial cognizance. The CLERK shall be a person not interested in any cases that will be affected by the decision. The ASSOCIATE JUSTICE need not secure the consent of the parties involved or of counsel of record to appoint Registrars or CLERK.
ARTICLE XIII PRESIDING OFFICERSThe CHIEF JUSTICE and the ASSOCIATE JUSTICES shall be the PRESIDING OFFICERS of their respective TRIBUNALS.
ARTICLE XIV COURT OF REVIEWJUSTICES designated by the CHIEF JUSTICE, shall be determined by the CHIEF JUSTICE to accommodate all parties in interest. This, however, shall not prevent the COURT OF REVIEW from sitting and exercising its functions elsewhere whenever it so desires.
ARTICLE XV PERMANENT SESSION
1) The COURT shall remain permanently in session, including
judicial vacations, the dates and duration of which shall be fixed by
the CHIEF JUSTICE, provided, however, that the vacations of the CIRCUIT
TRIBUNALS shall not be concurrent.
2) Individual(s) may petition for the WRIT OF WORLD HABEAS CORPUS or seek other relief from one of the other JUDICIAL CIRCUIT TRIBUNALS if prevented from so doing before the CIRCUIT TRIBUNAL having jurisdiction over the disposition of the case because that CIRCUIT is exercising its JUDICIAL VACATION.
3) MEMBERS of the COURT are entitled to periodic leave, the dates and duration of which shall be recommended to the CHIEF JUSTICE by each COURT, having in mind the distance between the seat of the COURT and the home of each ASSOCIATE JUSTICE. An interim ASSOCIATE JUSTICE shall be appointed by the CHIEF JUSTICE.
4) MEMBERS OF THE COURT shall be bound, unless they are on leave or prevented from attending by illness or other serious reasons duly explained to the CHIEF JUSTICE, to hold themselves permanently available at the disposal of the COURT.
ARTICLE XVI ALTERNATES
1) If, for some special reason, any members of the COURT consider
themselves unable to take part in the decision of a particular case,
they shall so inform the CHIEF JUSTICE to designate an ALTERNATE
2) If the CHIEF JUSTICE considers that for some special reason one of the members of the COURT should not sit in on a particular case the CHIEF JUSTICE shall give that MEMBER notice accordingly and designate an interim replacement.
3) If in any such case the I/EMBER of the COURT and the CHIEF JUSTICE disagree, the matter shall be settled by the majority decision of the entire COURT.
ARTICLE XVII FULL COURTThe FULL COURT shall sit in all judicial venues except when it is expressly determined otherwise by the CHIEF JUSTICE.
ARTICLE XVIII JUDGMENTA JUDGMENT given by any of the CIRCUIT TRIBUNALS shall be considered as rendered by the COURT and shall be subject to review only by the CHIEF JUSTICE and TWO DESIGNATED ASSOCIATE JUSTICES.
ARTICLE XIX APPEALSAPPEALS shall be permitted from decision of the REGIONAL TRIBUNALS when it appears:
a) that a decision of a REGIONAL TRIBUNAL may be inconsistent with
the decision of the same rule of law by the High Court of Review or by
one of the REGIONAL TRIBUNALS;
b) that a question of law and fact is without precedent;
c) that a REGIONAL TRIBUNAL may have wrongfully decided on question of law or fact or both;
d) that a REGIONAL COURT may have exceeded its jurisdiction;
e) that a REGIONAL TRIBUNAL may have deprived a person or group of persons of the right or privilege guaranteed by DUE PROCESS OF LAW;
f) that a REGIONAL COURT may have a fundamental error resulting in a denial of justice.
ARTICLE XX RULESThe COURT SHALL DETERMINE RULES OF PROCEDURE from time to time for carrying out its functions.
ARTICLE XXI EMOLUMENTS
1) Each member of the COURT shall receive an annual salary.
2) The REGISTRAR and ad other aides of the COURT shall receive an annual salary.
3) Salaries, allowances and other compensation shall be determined by the WORLD LEGISLATURE sitting in legislative session.
4) Regulations made by the COURT shall fit the conditions under which retirement pensions may be given to MEMBERS of the COURT and the REGISTRARS. TRAVELLING expenses shall be reimbursed.
5) The above salaries, allowances, and other compensations shall be taxfree.
ARTICLE XXII COURT EXPENSEThe expense of each REGIONAL COURT shall be borne by each Tribunal.
ARTICLE XXIII COMPETENCEOnly INDIVIDUALS or GROUPS OF INDIVIDUALS may be parties in cases before the COURT to seek redress for deprivation of any human right.
ARTICLE XXIV ACCESS TO COURT
1) Person(s) detained or restrained in derogation of DUE PROCESS
LAW shall find original jurisdiction in the judicial circuit tribunal
jurisdiction over the place where the person(s) is restrained or
deprived of any
HUMAN RIGHT. States are charged with constructive notice of deprivations
of human rights, committed within their political "boundaries."
2) Since human rights are innate and inalienable, independent of state limitations, the COURT shall be open to ad individuals notwithstanding whether such State agrees to submit the cause to the COURT for inquiry or disposition.
3) All nation-states are bound to abide by the proceedings and decisions of the COURT.
4) When a STATE is a party to a case, the COURT shall fix the amount which that STATE is to contribute towards the expense of the COURT.
ARTICLE XXV WORLD BILL OF RIGHTS
1) DUE PROCESS OF LAW shall guarantee:
(a) prompt, public trial before an unhampered, impartial,
competent tribunal of any accused in violation of published law, or to
release pending trial;
(b) the right of an accused to be presumed innocent and to be informed, in writing, in understandable language, in advance of detention or trial of the specific charge(s) made, and not be preventively held on suspicion;
(c) the right to be confronted with the accusing witnesses including the right of cross-examination;
(d) the right of compulsory process to obtain witnesses or discovery in advance of trial;
(e) the right to counsel of own choice;
(f) the right not to be compelled to give self-incriminating testimony or be bound by hearsay evidence;
(g) the right to have an interpreter;
(h) the right to communicate with local government or WORLD GOVERNMENT of WORLD CITIZENS and to have a representative of that government present at trial;
(i) the right not to be held if mentally incompetent or put to trial twice or double jeopardy for the same offense;
(j) the right to be free from prosecution by virtue of any ex post facto law;
(k) the right to be free from excessive bail;
(l) the right to be free from any cruel or unusual punishment or discrimination;
(m) the right to petition and be free from any unreasonable searches and seizures;
(n) the right to equality, life, adequate standard of living, freedom of conscience and religion, language privacy, self- determination, education, culture, thought, work, travel, housing, speech, health, press and expression in any other form, to take part in government, of association and assembly, individual or group petition.
(o) the right to a healthy and sustainable environment.
ARTICLE XXVI WORLD HABEAS CORPUSThe types of violations for which the WRIT OF WORLD HABEAS CORPUS shall apply include those rights designated in ARTICLE XXV.
ARTICLE XXVII SANCTIONSThe ORDERS of the COURT shall be made effective by the conscience. integrity and moral force of World Law.
ARTICLE XXVIII SPECIAL COMPETENCE OF THE CHIEF JUSTICEThe CHIEF JUSTICE of the COURT shall perrnit APPEALS from decisions of the CIRCUIT TRIBUNALS when it appears to at least one-third of the ASSOCIATE JUSTICES of the COURT:
(a) that a decision of a CIRCUIT TRIBUNAL may be inconsistent with
a prior decision of the same issue of law taken by the COURT OF REVIEW;
or by one of the CIRCUIT TRIBUNALS;
(b) that a CIRCUIT TRIBUNAL may have erred in deciding a question of law or of fact equating a substantive denial of justice;
(c) that a REGIONAL or CIRCUIT COURT may have exceeded its jurisdiction;
(d) that a CIRCUIT TRIBUNAL may have deprived a person of right or privilege guaranteed by WORLD DUE PROCESS OF LAW, defined as FAIR PLAY consistent with civilized standards as set forth in ARTICLE XXVI.
ARTICLE XXIX VENUEEach PETITION for the WRIT OF WORLD HABEAS CORPUS shall be made to the CIRCUIT TRIBUNAL of the COURT having jurisdiction over the place where the person is detained, imprisoned or deprived of any other human rights.
ARTICLE XXX ALLEGATIONSThe PETITION shall state in substance:
1) The person in whose behalf the WRIT OF WORLD HABEAS CORPUS or
other remedy is applied for, naming the place and all the jailers if
they are known, or describing them if they are unknown;
2) The cause or pretense of the restraint or detention according to the best knowledge and belief of the petitioner;
3) That there had been an exhaustion of all reasonable available local remedies, or that the case is an extraordinary one which empowers the COURT to take original jurisdiction.
ARTICLE XXXI PRIMA FACE RELIEFUnless it appears from the PETITION itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to BAIL or otherwise relieved, an ASSOCIATE JUSTICE may find, prima facie, that a PETITION is legacy sufficient, and, upon so finding, shall be empowered to issue a SHOW CAUSE order upon the RESPONDENT STATE as to why the WRIT OF WORLD HABEAS CORPUS should not issue or the relief sought should not be granted.
ARTICLE XXXII SHOW CAUSEA SHOW CAUSE ORDER shall be issued under the SEAL of the COURT and shall request the RESPONDENT to ANSWER within ten days provided, however, that the COURT may extend the period, if, in the opinion of the COURT and in the interests of total justice more time is required as requested by the RESPONDENT STATE. Summary justice is the essence of the COURT.
ARTICLE XXXIII RETURN TO SHOW CAUSE ORDERThe RESPONDENT STATE upon whom such ORDER is served, or is charged with judicial knowledge thereof, shall, in its ANSWER or RETURN, plainly and unequivocally allege:
1) whether the SUBJECT PARTY is at the time of issue of the ORDER,
or was, and at what time prior or subsequent so the date of the ORDER,
under the control, restraint, or in custody of the RESPONDENT;
2) the due process cause of such imprisonment or restraint;
3) by what legal authority the SUBJECT PARTY is held, and, if by some written warrant or writ of any kind, the original shall be produced and exhibited;
4) if party in custody or control restraint has been transferred or moved to another venue, it shall be with particularity to whom, at what time, for what cause and by virtue of what authority such transfer took place.
ARTICLE XXXIV MOTION TO DISMISSIf the RESPONDENT STATE moves to dismiss the PETITION for prima facie insufficiency, the PETITIONER shall be allowed reasonable time to challenge said MOTION to DISMISS and a prompt hearing shall be set.
ARTICLE XXXV FAILURE TO SHOW CAUSEIf the RESPONDENT STATE fails to SHOW CAUSE within the time so ordered, or if the COURT finds that the cause shown is not a legally sufficient one, the COURT shall, without further notice, be empowered to issue the WRIT OF WORLD HABEAS CORPUS and set an early date for hearing on the relief sought.
ARTICLE XXXVI SUBPOENAS
1) The COURT is empowered to issue SUBPOENAS and SUBPOENAS DUCES
TECUM for witnesses to appear with relevant documents before the COURT
at the time and place where such WORLD HABEAS CORPUS is returnable or
other relief sought. It shall be the duty of the STATE OFFICIAL to whom
the SUBPOENA is directed to serve the same and make proper return of
service to the COURT.
2) The WRIT OF WORLD HABEAS CORPUS may be served by any person appointed for that purpose by the COURT.
ARTICLE XXXVII SERVICEService shall be made by leaving a copy of the WRIT or SUBPOENA or complaint with the office of the CHIEF EXECUTIVE OFFICER of the RESPONDENT STATE, or with any other officials who have authority to act directly on the STATE' S behalf, or who are directly answerable to the CHIEF EXECUTIVE in the normal course of their official duties.
ARTICLE XXXVIII PRODUCTION OF BODYThe RESPONDENT STATE, shall at the time of making the RETURN, disclose the person's[s'] actual or constructive custody, according to the command of the WRIT.
ARTICLE XXXIX INFIRMITY OF PETITIONERIf the petitioner, or subject party, cannot without danger, be brought to the place appointed for the RETURN of the WRIT, that fact shall be stated in the RETURN, and if it be proved to the satisfaction of the COURT, the COURT may proceed to hearing or make such other ORDER in the case as law and justice require.
ARTICLE XL CUSTODYWhenever it shall appear by the petition that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be taken out of the jurisdiction of the CIRCUIT COURT to which PETITION was made, or will suffer some injury before compliance with the WRIT can he enforced, the COURT may cause the EXECUTIVE OFFICE of the RESPONDENT STATE to take the subject party into its direct or supervisory custody and be held harmless.
ARTICLE XLI NO DELAYUpon the RESPONDENT'S RETURN or ANSWER the COURT shall, without delay, proceed to examine the cause of the imprisonment or restraint, but the examination maybe adjourned from time to time as circumstances and substantive justice requires.
ARTICLE XLII DEFENSE TO RETURNThe party imprisoned or restrained may TRAVERSE any of the material facts set forth in the RESPONDENTS RETURN or ANSWER, and may allege any other facts that may be material in the case, which TRAVERSE shall be on affirmation or oath; and the COURT shall proceed to summary hearing on its established rules of procedure consistent with DUE PROCESS OF LAW.
ARTICLE XLIII HEARINGSThe hearings shall be under the control of the presiding JUSTICE or if s/he is unable to preside, by an ALTERNATE JUSTICE designated by the CHIEF JUSTICE.
ARTICLE XLIV PUBLIC HEARINGSThe hearing in COURT shall be public.
ARTICLE XLV MINUTES
1) MINUTES shall be made of each hearing and signed by the
REGISTRAR or by one of the assistants appointed for the CIRCUIT
TRIBUNALS; and said MINUTES shall be a permanent record and be publicly
2) The MINUTES shall be authenticated by oath of the Court Reporter or Rapporteur.
ARTICLE XLVI FLEXIBILITY OF PROCEDUREThe COURT shall make orders for the conduct of each case, shall decide the form and time in which each of the parties must conclude their presentation of evidence and arguments and make all arrangements connected with the presenting or taking of evidence, including deposition form, if necessary.
ARTICLE XLVII FINALITYThe COURT will not consider invidious assumptions or conjectures but will base its judgment on the integrity and independence of appropriate, competent, material, relevant and ascertainable fact. The COURT will rely on the principle of judicial reconciliation in determining culpability. If an accused STATE fails to appear in an inquiry or hearing then the COURT will hear evidence under appropriate safeguards and communicate with the accused STATE for its REPLY or REBUTTAL. If declination persists then the COURT shall proceed EXPARTE. All unchallenged or unrebutted evidence shall be considered as PRO CONFESSO and final.
This draft Statute of the World Court of Human Rights is being distributed to jurists, legal academicians, diplomats and government leaders for comments, suggestions and criticism. The World Judicial Commission is seeking feedback as well from the nonlegal, nongovernmental community. The presentation and the content are subject to change.
World Judicial Commission c/o Legal Department World Service Authority
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Tel: (202) 638-2662
Fax: (202) 638-0638