Statute of the Court

of the Citizens of the World

Chapter 1. Composition and Administration of The Court

Section I. Bodies of The Court 

As a means to fulfil the mission of the Court - to assess and report independently and professionally on allegations of core crimes, gross human rights violations, and other breaches of public international law, based on the standards and principles elaborated on by other international courts and tribunals and drawing on the experience of the best practices of national courts - the Court will be composed of the following entities:

(I) The Panel of Judges;

(II) The Court Secretariat;

(III) The Prosecution Team;

(IV) The Defence Team;

(V) The Advisory Committee;

(VI) The Steering Committee. 

Subsection I. The Panel of Judges

Rule 1.

Composition 

For each case, the Panel of Judges shall consist of three judges. The appointed three judges, shall, to the greatest extent possible, represent differing geographical and jurisdictional areas. The appointed judges shall, to the greatest extent possible, possess the following characteristics: (i) high moral character; (ii) impartiality; and (iii) integrity. The appointed judges shall, to the greatest extent possible, have extensive judicial experience in the following fields: (i) international human rights law; (iii) international criminal law; and (iii) international humanitarian law. Lastly, the appointed judges shall be independent in the performance of their functions and shall under no circumstances seek instructions or advice from any Government or other sources. 

Rule 2.

Selection

The Panel of Judges will be appointed by the following two entities: (i) the Steering Committee and (ii) The Court Secretariat. 

Rule 3.

Operation

For The Court to operate, all three judges of the case have to be present. If all three judges of the case are not present, The Court cannot function. Each case brought before The Court shall be heard by a different Panel of Judges, appointed by the Steering Committee and The Court Secretariat. The decisions of The Court and thereby the appointed Panel of Judges shall be made based on a majority vote, in other words, a ⅔ majority. 

Subsection II. The Prosecution Team

Rule 4.

Composition

For each case, the Prosecution Team shall consist of at least one Chief Prosecutor and one Assistant Prosecutor. Further assistant prosecutors may be appointed if The Court’s Secretariat deems it necessary. The Prosecution Team shall vary for each case. 

Rule 5.

Selection

The Prosecution Team shall be appointed by the following entities: (i) the Steering Committee and (ii) The Court Secretariat. 

Rule 6.

Operation

The Prosecution Team shall exercise the ensuing functions: (i) conduct the preliminary investigation; (ii) gather the evidence; (iii) once sufficient evidence has been gathered, bring the case before the Court, and (iv) in the cases of allegations of core crimes draft an indictment clearly outlining the charges and the individual(s) that should be indicted. 

Subsection III. The Defence Team

Rule 7.

Composition

For each case, the Defence Team shall consist of at least one Defence Attorney and one Assistant Attorney. Further assistant attorneys may be appointed if the Court’s Secretariat deems it necessary. The Defence Team shall vary for each case.

Rule 8.

Selection

The Defence Team shall be appointed by the accused Party. If, however, the accused Party chooses not to participate in the trial thereby not appointing a Defence Counsel, it shall be within the discretion of the Court’s Secretariat to appoint ex officio a Defence Counsel to act on behalf of the accused Party or group of parties with common interests

Rule 9. 

Operation

The Defence Team shall exercise the ensuing functions: (i) present its evidence at the trial as a means to support its position and (ii) cross-examine any victims, witnesses, and/or connected parties called by the Prosecution Team to testify. 

Subsection IV. The Advisory Committee

Rule 10.

Composition

The Advisory Committee shall be composed of legal professionals schooled in the fields of international law and human rights. 

Rule 11.

Selection

The Advisory Committee shall be appointed by the following entities: (i) the Steering Committee and (ii) the Court Secretariat. 

Rule 12.

Operation

The primary function of the Advisory Committee shall be the guidance of the Court. The legal professionals appointed to the Advisory Committee shall be authorized to provide advice on the legal matters discussed within the scope of the Court. It is within the discretion of the members of the Advisory Committee whether to attend the Court hearings. Such attendance, however, is not compulsory. The Advisory Committee is a permanent entity of the Court and thereby contributes to all of the cases brought before the Court. The members of the Advisory Committee may only leave the Committee upon written notification to the Court. The Court shall be authorized to appoint new members to the Advisory Committee at any given time. 

Subsection V. The Steering Committee

Rule 13.

Composition

The Steering Committee shall be composed of well-respected personalities in the fields of international law and human rights. 

Rule 14. 

Selection

The Steering Committee shall be appointed by the Founders of the Court.

Rule 15. 

Operation

The Steering Committee shall exercise the following functions: (i) advocate the Court’s mission; (ii) review the activities and functions of the Court; (iii) render decisions about the principal policies and activities of the Court; and (iv) evaluate and propose amendments to the operation(s) of the Court. 

Chapter 2. Jurisdiction, Competence, and Status of the Court

Section I. Jurisdiction

Rule 16.

Location of the Court

The seat of the Court is in Berlin, Germany. In light of the organizational structure of the Court, however, the Court can sit and exercise its functions globally. 

Rule 17.

Operation

The Court is wholly independent and operates in conformity with the Court’s Statute. 

Rule 18.

Jurisdiction

The Court shall simulate a judicial body that possesses global jurisdiction over any and all sovereign states, heads of state, governmental institutions, individuals in their personal or professional capacities corporations, and any other legal or natural entities, regardless of their domicile, nationality, or governing authority. In the absence  of official sanctioning and/or enforcement powers, the Court’s role shall be limited to the analysis and evaluation of evidence serving as a means to render an impartial judgment that includes such findings and orders that in the opinion of the judges should be issued by an official court with the necessary jurisdiction and enforcement powers..

The Court shall rely on the sources of law set forth in Article 38 of the Statute of the International Court of Justice.  

Section II. Competence

Rule. 19

Competence

The Court’s competence shall extend to serious and systematic violations of human rights. In particular, the Court shall be authorized to present findings on the core crimes as defined by the Rome Statute, namely, (i) genocide as defined by Article 6; (ii) crimes against humanity as defined by Article 7; (iii) war crimes as defined by Article 8; and (iv) the crime of aggression as defined by Article 8 bis.

The competence of the Court shall further include any infringements upon the fundamental rights of peoples and minorities as well as grave and systematic violations of the rights and freedoms of individuals, and breaches of public international law. In the cases brought before the Court, the Court shall be authorized to issue judgments on any of the aforementioned violations. 

In cases where the prosecution seeks civil relief against States or other entities, the Court will conduct an expedited trial on the merits and pronounce a declaratory judgment granting or denying the requested remedial actions.

Cases seeking criminal sanctions may be brought against legal persons, including individuals and corporations. In such cases, the Court may elect to proceed only to the point of confirming indictments, and issuance of arrest warrants or summons against indicted persons. It shall conduct such confirmation proceedings according to the provisions of Article 61 of the Rome Statute.

Section III. Status

Rule 20.

Status

The Court has been established with the principal aim of analysing and evaluating the available and accessible evidence in terms of the commission of core crimes, gross human rights violations, and other breaches of public international law. Based on such analysis and evaluation, the Court shall possess the power to determine whether core crimes and other violations have been and continue to be committed and consequently be authorized to report such commission(s). The Court does not replace or compete with any other national or international legal system. 

Chapter 3. Procedure of the Court

Section I. Pre-Trial Hearing

Rule 21. 

Timeline

The pre-trial hearing(s) of the Court shall be held two to four days before the scheduled trial date. The pre-trial hearing(s) shall last no longer than one day. 

Rule 22.

Composition

The pre-trial hearing(s) of the Court shall be attended by the following entities: (1) the Panel of Judges; (2) the Prosecution Team; and (3) the Defence Team. 

Rule 23.

Operation

The pre-trial hearing(s) of the Court shall provide an opportunity for the Judges, Prosecution, and Defence to convene as a means to discuss the following: (i) the inclusion and/or exclusion of evidence; (ii) the discussion and consequent agreement on disputed facts and/or points of law; and (iii) the possibility of entering into plea agreements. 

Section II. Trial 

Rule 24. 

Timeline

The trial(s) or confirmation hearing(s) shall last no longer than one week. 

Rule 25.

Composition

The trial(s) of the Court may be attended by the following entities: (i) the Panel of Judges; (ii) the Court Secretariat; (iii) the Prosecution Team; (iv) the Defence Team; (v) the Steering Committee; (vi) the Founders of the Court; (vii) Victims, Witnesses, and/or Connected Parties; (viii) individuals associated with the Court; and (ix) the Public. 

Rule 26.

Operation

As a means to deliver professional, impartial, and just verdicts on the core crimes and / or human rights violations committed in the cases brought before the Court, the Court shall organize hearings and/ or trials. During the hearings and / or trial(s), the Prosecution Team shall present its findings, relying on the evidence agreed to be included and admitted during the pre-trial hearing(s). the Court shall be authorized to call on consenting victims, witnesses, and/or connected parties to testify during the trial(s) on behalf of either the Prosecution or the Defence. Both the Prosecution Team and the Defence Team shall be vested with the power to suggest victims, witnesses, and/or connected parties to testify on their behalf. The trial(s) of the Court shall be public unless specified otherwise. Such specifications shall include the provision of testimony through video/voice recording(s) if deemed necessary to protect the identity of victims, witnesses, connected parties, and/or juveniles. 

Section III. Verdict, Judgment and Final Orders

Rule 27.

Timeline

A verbal summary of reasonings shall be given by the Judges at the end of the final day of the hearing in accordance with the schedule prepared by the Court.

The written verdict(s), judgment and other final orders of the Court shall be delivered in a format agreed between the Judges and the Court, a month after the completion of the trial(s) with extension by agreement between the Judges and the Court. 

Rule 28.

Composition

The verdict(s), judgment, and final orders of the Court shall be delivered exclusively by the Panel of Judges assigned to the given case. 

Rule 29.

Operation

Following completion of the pre-trial hearing(s), trial(s), or hearings in other formats, the Panel of Judges shall be allotted time on the last day of the tribunal to deliberate on the evidence and arguments presented by the Prosecution Team and the Defence Team during the hearing. Once consensus has been reached by the Panel of Judges, the Panel of Judges shall deliver its verdict(s), judgment, and final orders orally with video/voice recording. In the instance that the Panel of Judges perceives core crimes and / or otherviolations have been committed, the Panel of Judges shall be asked to identify and specify (i) what legal and/or other actions should be taken by the international community and (ii) against whom (individual, institutional, state, and/or all) such actions should be taken. The verdicts, judgment, and final orders rendered by the Court shall be final, without the possibility of appeal. They shall also be communicated in a clear and comprehensible manner to the following parties: (i) the parties involved in the proceedings; (ii) the Secretary-General of the United Nations; (iii) governments; (iv) interested international organizations; and (v) the press. 

Chapter 4. General Provisions of the Court

Section I. Evidence 

Rule 30.

Standard of Proof

The standard of proof utilized in the Court proceedings considering allegations of core crimes in the format of pre-trial indictment hearings shall meet the threshold of ‘substantial grounds to believe’ and in the format of full trial proceedings shall meet the threshold of ‘beyond reasonable doubt’. 

The standard of proof utilized in the Court in civil proceedings considering violations or breaches of international law shall meet the threshold of ‘preponderance of the evidence’.

Rule 31.

Body of Evidence

The body of evidence utilized for each case shall include the following: (i) numbers and statistics; (ii) public documents; (iii) victims’ testimonies; (iv) witnesses’ testimonies; (v) reports by international organizations; (vi) media reports and articles; (vii) academic articles or/and books; and (viii) visual material. Given the highly sensitive and politicized nature of the cases tried before the Court. The Court shall, to the greatest extent possible, rely on witnesses' and victims' testimonies to cease the possibility of potentially tampering with existent or future evidence utilized in national and international legal systems. 

Section II. Victims and Witnesses 

Rule 32. 

Protection

Given the lack of an official mandate, the Court cannot provide the level of victim and witness protection observed in legal systems at the national and international levels. However, in case it is mandated, the Court shall take the necessary measures to ensure that the identity of victims, witnesses, and/or connected parties is protected. Such measures shall include but not be limited to the following: (i) using pseudonyms; (ii) distorting the voices of the victims, witnesses, and/or connected parties; (iii) relying on written testimony rather than oral testimony; and (iv) not showing the faces of the victims, witnesses, and/or connected parties during the live stream or the documentary. 

Rule 33. 

Anonymity

Victims, witnesses, and/or connected parties, in case it is mandated, considered to be vulnerable shall be afforded complete anonymity. To be afforded such anonymity, victims, witnesses, and/or connected parties shall make a written request to the Court. 

Rule 34.

Recognition

Victims, witnesses, and/or connected parties who do not object to appearing on camera and/or having their names revealed during the proceedings may be requested to sign a written form specifying their privacy preferences.

Section III. Transparency and Media

Rule 35. 

Transparency 

The Court shall, to the greatest extent possible, ensure full transparency regarding the sources consulted and the evidence examined during the trial proceedings. All entities of the Court and the public shall be made aware of the evidence and sources utilized to reach the respective verdict(s). 

Rule 36.

Media

As a means to encourage public understanding of the Court’s methods, purposes, and conclusions, the Court shall welcome media coverage of the trial proceedings. Engagement with media and other interested sectors, however, shall only be conducted under media engagement rules set by the Court. Reliance on such rules shall ensure first and foremost, the protection of vulnerable victims, witnesses, and/or connected parties. Such reliance, however, shall simultaneously also ensure an accurate portrayal of the Court in the interested media platforms. 

Section IV. Language 

Rule 37. 

Official Language

The official language of the Court shall be English. Trial proceedings and any correspondence occurring in the context of or with the Court shall therefore be held in English. 

Rule 38.

Translation

In light of the differing languages associated with the cases tried before the Court, the Court shall provide for the possibility of translation. The possibility of translation shall be offered to the victims, witnesses, and/or connected parties at all stages including, but not limited to, the pre-trial hearing(s), the trial(s), and the judgment(s). The translations shall be conducted by professional translators appointed by the Court Secretariat. 

Section V. Rights of the Accused

Rule 39.

Notification

In cases brought before the Court where individuals are accused of core crimes or breaches international law, the accused and the civil respondents shall be duly notified by the Court. In crimnal cases, the accused person shall be sent a summons describing generally the charges at least 17 days, and a proposed indictment, at least seven days, before the commencement of the confirmation hearing. In a civil case, the respondent shall be sent a notice of proceedings at least 17 days, and a formal complaint at least seven days, before the commencement of trial. For States or the officials of States, notice may be made by email to the State’s embassy in the country where the proceedings will be held, for legal persons that are corporations or other organisations, and for officers or employees of corporations or other organisations, notice may be made by email to the general counsel’s office of the corporation or organisation. For natural persons, who are not presently in official positions, notice may be made email to the address(es) where it is reasonably expected that they will be reached. The notice shall inform defendants and respondents of the rights to appear personally or by counsel, and that in the absence of such appearance, they will be represented by a Defense Team appointed by the Court, as provided in Rule 42 below. The notice shall also clearly state that this is a simulated process without the powers of enforcement which has been established to publicly demonstrate how the matter would be judged if there were an official court with legal jurisdiction.

Rule 40. 

Presence and hearings in absentia

In the instance that the accused Party or civil respondent either refuses to participate in the proceedings or cannot physically be present during the proceedings, the Court shall be authorized to conduct the proceedings in absentia. 

Rule 41.

Participation

Participation (physical or digital) by the accused Party or civil respondent shall be facilitated and enabled at all stages of the proceedings. 

Rule 42.

Representation

The accused Party and civil respondent is entitled to representation by a Defence Team. The Defence Team shall be authorized to (i) present its evidence during the trial(s) and (ii) cross-examine any victims, witnesses, and/or connected parties called to testify on behalf of the Prosecution. If the accused Party refuses to participate in the trial(s) thereby not appointing a Defence Team, the Court shall be authorized to appoint ex officio a Defence Team to represent the absent party or group of parties having common interests. The Defence Team appointed by the Court shall be entitled to the same rights as a Defence Team appointed by the accused or civil respondent.

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