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| The Karenin Statute; Foundation of a Court of Leviathan | |
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| Tweet Topic Started: Jan 6 2009, 03:02 AM (544 Views) | |
| Senator Myedvedeya | Jan 6 2009, 03:02 AM Post #1 |
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The Karenin Statute Preamble: The esteemed nations parties to this Statute, Conscious that the member nations of the Leviathan Republic have bound themselves together for purpose of creating a greater state, a state in which each nation preserves their independence while working together to rise as a world power, Knowing that no matter how great the bond of friendship and alliance between our nations, there will always be crimes and offenses that rise from its international nature, and cannot be dealt with by an internal court of any single nation, Recognizing that such crimes and offenses endanger the peace and security of our union, Declare that such crimes and offenses must not go unpunished, and that their prosecution must involve international cooperation, Reaffirming the principles of the December Accords, in particular that all states shall remain forever dedicated to the principles of national sovereignty, democracy, representation, and armed neutrality, Emphasizing by this connection that nothing in this Statute shall be taken as authorizing any State Party to infringe on the national sovereignty of any other State Party, Determined to these ends to establish a permanent High Court of the Leviathan Republic, with jurisdiction over crimes and offenses of concern to the regional community as a whole, Resolved to guarantee lasting respect for and the enforcement of international justice within the Leviathan Republic, Hereby Agree as follows: Establishment of the Court Article 1- The Court A High Court of the Leviathan Republic (henceforth, "the Court"), is hereby established. It is a permanent institution, and has the power to exercise jurisdiction over persons, nations, or organizations for crimes of international concern within the Leviathan Republic, as referred to in this Statute. The functioning of the Court shall be governed by the provisions of this Statute. Article 2- Seat of the Court 1. The seat of the Court shall be established in the Capital city of the Nation currently holding the post of Director of Justice of the Leviathan Republic. 2. The first court shall therefore sit in the city of Moskva, Myedvedeya. Article 3- Jurisdiction of the Court 1. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any state party to this Statute. 2. The States Parties to this statute shall be defined as the nations of the Leviathan Republic. Admissibility and Applicable Law Article 4- Crimes within the Jurisdiction of the Court 1. The jurisdiction of the Court shall be limited to crimes of concern to the international community of the Leviathan Republic as a whole. Crimes that do not pertain to the international community shall be left to the courts of individual nations. The court has jurisdiction in accordance with this statute with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) Treason; (d) Impersonating a Government Official; (e) Undue Influence in Member Nations; (f) Violation of Interregional Law (g) Disturbing the Peace (h) Unauthorized Recruitment 2. The court may be granted jurisdiction over additional crimes by a simple majority vote of the States Parties. Article 5- Genocide For the purpose of this Statute, "genocide" shall be defined as: Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: (a) killing members of the group (b) causing serious bodily or mental harm to members of the group (c) inflicting on the group conditions of life designed to bring about its physical destruction in whole or in part (d) imposing measures intended to prevent births among the group (e) forcibly transferring children of the group to another group Article 6- Crimes against Humanity For the purpose of this statute, "crime against humanity" means any one of the following acts when committed as a part of a widespread or systematic directed attack against any civilian group: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible exodus of population; (e) Torture; (f) Rape, or any kind of sexual violence Article 7- Treason 1. For the purpose of this Statute, Treason shall be defined as it is in the Leviathan Civil Code, as any act carried out with the explicit intent to harm the well-being of the Leviathan Republic. 2. "intent to harm", in this context, hall be characterized by harmful actions carried out contrary to the instruction of a regional official or the dictates of common sense, as determined by the courts. Article 8- Impersonating a Government Official For the purpose of this Statute, Impersonating a Government official shall be defined as it is in the Leviathan Civil Code, as assuming the identity of a member nation of the Leviathan Republic in the capitol or abroad; assuming the identity of an elected Leviathan Republic official in the capitol or abroad; claiming to hold an office in the Leviathan Republic that is not truthfully held, in the capitol or abroad Article 9- Undue Influence in Member Nations For the purpose of this Statute, Undue Influence in Member Nations shall be defined as it is in the Leviathan Civil Code, as exerting unreasonable control over the government of another W.A.. or member nation of Leviathan, such that both governments in question are effectively under the same leadership, and using that control to obtain additional representation in the Leviathan Republic. Article 10- Violation of Interregional Law For the purpose of this Statute, Violation of Interregional Law shall be defined as it is in the Leviathan Civil Code, as violation of those interregional laws to which the Leviathan Republic is bound, whether they be explicit by virtue of treaty, or implicit by virtue of their universality. Article 11- Disturbing the Peace For the purpose of this Statute, Disturbing the Peace shall be defined as it is in the Leviathan Civil Code, as harassment; wanton, unreasonable and unwarranted disruption of government discussions; written or verbal threats. Article 12- Unauthorized Recruitment For the purpose of this Statute, Unauthorized Recruitment shall be defined as it is in the Leviathan Civil Code, as the posting of RMB advertisements without prior government approval; failure to follow government recruitment regulations; violation of interregionally-enforced recruitment regulations. Article 13- Elements of Crimes 1. Elements of crimes shall be adopted by a two-thirds majority of the States Parties. 2. Amendments to the Elements of Crimes may be proposed by: (a) Any State Party; (b) The judges, acting by absolute majority; Article 14- Jurisdiction Ratione Temporis 1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute. 2. If a state becomes a Party to this Statute after its entry into force, the Court may not exercise jurisdiction with regards to crimes committed before the state became Party to this Statute. Article 15- Preconditions to the exercise of Jurisdiction 1. A state which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 4. Article 16- Referral of Situations to the Court. 1. Any State Party may refer to the Court a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed. This referral will trigger an investigation of the case by the members of the Court. 2. A referral must specify the relevant circumstances and be accompanied by as much supporting documentation as possible. Article 17- Inadmissible Cases 1. The court shall determine that a case is inadmissible where: (a) The case is being investigated or prosecuted by a State Party which has jurisdiction over it, unless the State is unable to carry out the investigation or prosecution. (b) The case has been investigated by a State Party with jurisdiction, and the State Party has decided not to prosecute further. (c) The person concerned has already been tried for the complaint, and a trial by the Court is not permitted under article 18. (d) The case is not of sufficient gravity to justify action by the Court. Article 18- Ne bis in idem (Double Jeopardy) 1. Except as provided in this Statute, no person, nation, or organization shall be tried before the Court with respect to conduct which formed the basis of crimes or offenses for which the person, nation, or organization has been convicted or acquitted by the Court. 2. No person, nation, or organization shall be tried by another court for a crime referred to in article 4 for which that person, nation, or organization as already been convicted or acquitted by the Court. Article 19- Applicable Law 1. The Court Shall apply: (a) In the first place, this Statute (b) In the second place, the laws of the Leviathan Republic (c) Failing that, general principles of law derived by the Court from national laws of legal systems within the Leviathan Republic. 2. The Court may apply principles and rules of law as interpreted in its previous decisions. Article 20- General Principles of Criminal Law 1. The Court shall abide by the following principles of General Criminal Law: 2. Nullum crimen sine lege: (a) A person, nation, or organization shall not be criminally responsible under this statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court. (b) The definition of a crime shall be strictly construed and shall not be extended by analogy. 3. Nulla poena sine lege: A person, nation, or organization convicted by the court may be punished only in accordance with this Statute. 4. Non-retroactivity ratione personae: No person, nation, or organization shall be criminally responsible for conduct prior to the entry into force of this Statute. 5. Irrelevance of official capacity: This statute shall apply equally to all persons without any distinction based on official capacity, including as a head of State or Government. 6. Mental Element: An individual is only criminally responsible for a crime within the jurisdiction of the Court if the material elements are committed with intent and knowledge. Composition and Administration of the Court Article 21- Organs of the Court 1. The first Court of the Leviathan Republic shall be composed of Three Justices. 2. Two of these Justices shall be nominated by the President of the Leviathan Republic upon assuming office, and shall leave office at the time that the next President makes his or her nominations. 3. The third Justice shall be the current director of Justice. 4. Any individual elected to the post of Director of Justice shall, upon retirement from the post, be offered a position as an additional, Permanent Justice of the Court. In this way, the Court will continue to grow as the Republic itself does. 5. The sitting Director of Justice is the President of the Court, and as such is responsible for the proper administration of the Court under this Statute. 6. A majority of the Justices sitting shall be enough to convict or acquit any person, nation, or organization of a crime. In the case of a tie, the person, nation, or organization is acquitted. Article 22- Removal of Justices from Office 1. If, at any time, a justice of the Court is thought to have committed a serious misconduct or breach of duty under this Statute, or is unable to exercise the functions required by this Statute for any reason, the Common Council may file a motion of no confidence to remove this justice. 2. A motion of no confidence will pass only if three fourths of the votes in the Common Council are for the motion. 3. If a motion of no confidence passes, the justice whom the motion was passed against is immediately removed from office, and replaced by a special election within the senate. Article 23- Official Working Language: The official working language of the Court shall be English. Article 24- Sanctions for Misconduct Before the Court Any person, nation or organization brought before the Court who commits misconduct including, but not limited to disruption of the proceedings and refusal to comply with the directions of the Court may be sanctioned by the Court. Article 25- Sentencing 1. In the event of a conviction, the Justices of the court shall convene in the Court Chambers, and shall consider the appropriate sentence to be handed down. 2. When the Justices decide on a sentence, that sentence shall be handed down, and shall be pronounced in public. 3. If the Justices cannot come to agreement within a period of two weeks, the sentence with the most support shall be handed down by the Court. If no sentence has a majority of support, the President of the Court may hand down a Sentence. Article 26- The Appeals Committee 1. The Appeals Committee shall be formed of the two Justices nominated by the President of the Leviathan Republic, and the President of the Court. 2. The Appeals Committee shall hear any request for appeal of a trial, and, they shall have the power to accept or deny these requests. 3. If a request for an appeal is successful, the appeal shall be treated as an entirely new trial. 4. A person, nation, or organization may not appeal the same decision of the Court more than once, unless new evidence has been introduced into the case that could change the decision. Article 27- Enforcement of the Sentence The sentence handed down by the Court shall be enforced by the government of the Leviathan Republic, specifically the office of the Director of Internal Affairs. Edited by Myedvedeya, Jan 6 2009, 03:34 AM.
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Nikolai Ilyich Karenin, Chief Envoy to the Tsar of Myedvedeya | |
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| Senator Myedvedeya | Jan 6 2009, 03:16 AM Post #2 |
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EDIT: I have extended the Jurisdiction of the Court to the Crimes mentioned by Stanimir in the Leviathan Civil Code, and provided definitions for those crimes. |
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Nikolai Ilyich Karenin, Chief Envoy to the Tsar of Myedvedeya | |
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| President Stanimir | Jan 6 2009, 03:21 AM Post #3 |
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President Temka
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"Impressive" would be an almost laughable understatement. This is the best thought-out and best written outline of a legal system in the NS world, bar none. |
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Ivan Temiriazev Temka President of the Leviathan Republic Senator of the Leviathan Republic Chairman of the Leviathan Security Council Chairman of the Central Executive Committee of the Confederated States of Stanimir -------------------------------- "A stand can be made against invasion by an army; no stand can be made against invasion by an idea." --Victor Hugo | |
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| Senator Myedvedeya | Jan 6 2009, 03:25 AM Post #4 |
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It is basically a shortened (hard to believe, but true) document based on the Rome Statute, which created the IRL International Criminal Court, modified to fit the NS world, and the demands of our region, and with a few of my own twists thrown in to the organization of the courts and such. I thank you for the praise. |
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Nikolai Ilyich Karenin, Chief Envoy to the Tsar of Myedvedeya | |
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| Senator Myedvedeya | Jan 6 2009, 03:34 AM Post #5 |
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EDIT2: Fixed stupid numbering errors. |
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Nikolai Ilyich Karenin, Chief Envoy to the Tsar of Myedvedeya | |
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| Senator Sith Republic | Jan 6 2009, 03:37 AM Post #6 |
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Senator Saul
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ooc: I do like it, a fine job. Ic: While the work that went into this is impressive... It does not follow the Accords. I cannot allow this to proceed. |
His Mightyness, Chief Overlord Isac Saul of The Sith Republic------------------------------------------------------- "Without strife, your victory has no meaning. Without strife, you do not advance. Without strife, there is only stagnation." - Overlord Ban, first of Sith Republic's Overlords
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| Senator Myedvedeya | Jan 6 2009, 03:43 AM Post #7 |
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OOC: I'm going to bed at this point, will be back for discussion/amending tomorrow afternoon-evening. |
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Nikolai Ilyich Karenin, Chief Envoy to the Tsar of Myedvedeya | |
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| Councilman Maloran | Jan 6 2009, 04:31 AM Post #8 |
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Councilman Connor
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Speaking of numbering, perhaps we can follow December Accords tradition and use a universal numbering system? |
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Jacob Connor Chief Commissar of The Royal Commissariat of Malaron. | |
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| Councilman Maloran | Jan 6 2009, 04:38 AM Post #9 |
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Councilman Connor
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One other minor point. In order to streamline legislation, the section on the impeachment of justices should simply refer to the Accords. |
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Jacob Connor Chief Commissar of The Royal Commissariat of Malaron. | |
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| Councilman Kanien | Jan 7 2009, 01:49 AM Post #10 |
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The Borderlands of Kanien are pleased with this but are slightly disturbed by the similarity between the statute's names and our country.
Edited by Kanien, Jan 7 2009, 01:50 AM.
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| Councilman Zinga, Representative for the Borderlands of Kanien | |
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