Charter Of The Kuala Lumpur War Crimes Commission 2012

CHARTER OF THE KUALA LUMPUR WAR CRIMES COMMISSION & RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUR WAR CRIMES TRIBUNAL

[As adopted by Resolution No. 6 of the Kuala Lumpur Foundation to Criminalise War Inc. and entered as Statute VIIIA and Statute VIIIB respectively in the Statute Book of the Foundation on 6th June 2008 incorporating all amendments up to 16 December 2011.]

APPENDIX

THE UNITED NATIONS CHARTER

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TABLE OF CONTENTS Introductory Note ....................................................... xv

CHARTER OF THE KUALA LUMPUR WAR CRIMES COMMISSION PREAMBLE ................................................................. 1

PART 1 THE COMMISSION Article 1 - Establishment of the Institutions ................. 3 Article 2 - Objectives of the Commission ................... 3 Article 3 - Seat of the Institutions ................................ 5 Article 4 - Legal status and powers of the Commission & the Tribunal ....................... 5 Article 5 - Composition of the Commission ................ 6 Article 6 - The Tribunal .............................................. 6 Article 7 - Jurisdiction of the Commission and the Tribunal ........................................ 8 Article 8 - Crimes against peace ................................. 10 Article 9 - Crimes against humanity ........................... 10 Article 10 - Genocide ................................................. 12 Article 11 - War crimes ............................................... 13

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Article 12 - Legal Team ............................................... 26 Article 13 - The Secretariat .......................................... 27 Article 14 - Financial matters....................................... 28 Article 15 - Miscellaneous provisions ......................... 29

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PART 2 RULES OF PROCEDURE AND EVIDENCE OF THE TRIBUNAL

CHAPTER I - GENERAL Article 1 ................................................................... 30 Article 2 ................................................................... 30

CHAPTER II - THE CHARGE Article 3 ................................................................... 33 Article 4 ................................................................... 33 Article 5 ................................................................... 33

CHAPTER III - SERVICE OF THE CHARGE & TRIAL DATES Article 6 ................................................................... 34 Article 7 ................................................................... 35 Article 8 ................................................................... 35

CHAPTER IV - ORAL & DOCUMENTARY EVIDENCE Article 9 ................................................................... 36 Article 10 ................................................................... 36 Article 11 ................................................................... 36

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CHAPTER V - MODE OF PROCEEDINGS Article 12 ................................................................... 38 Article 13 ................................................................... 38 Article 14 ................................................................... 38 Article 15 ................................................................... 39 Article 16 ................................................................... 39 Article 17 ................................................................... 39 Article 18 ................................................................... 40 Article 19 ................................................................... 40 Article 20 ................................................................... 40 Article 21 ................................................................... 40 Article 22 ................................................................... 41 Article 23 ................................................................... 41 Article 24 ................................................................... 41 Article 25 .................................................................. 41 Article 26 ................................................................... 42 Article 27 ................................................................... 42 Article 28 ................................................................... 42

CHAPTER VI - VERDICT Article 29 ................................................................... 43 Article 30 ................................................................... 43 Article 31 ................................................................... 43

CHAPTER VII - REGISTER OF WAR CRIMINALS Article 32 ................................................................... 44

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APPENDIX Introductory Note

CHARTER OF THE UNITED NATIONS Preamble ................................................................... 49

CHAPTER I - PURPOSES AND PRINCIPLES Article 1 ................................................................... 51 Article 2 ................................................................... 52

CHAPTER II - MEMBERSHIP Article 3 Article 4 Article 5 Article 6

................................................................... 54 ................................................................... 54 ................................................................... 54 ................................................................... 55

CHAPTER III - ORGANS Article 7 ................................................................... 56 Article 8 ................................................................... 56

CHAPTER IV - THE GENERAL ASSEMBLY Article 9 - Composition .............................................. 57 Article 10 - Functions and Powers ............................... 57 Article 11 ................................................................... 57 Article 12 .................................................................. 58 Article 13 ................................................................... 59

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Article 14 ................................................................... 60 Article 15 ................................................................... 60 Article 16 ................................................................... 60 Article 17 ................................................................... 61 Article 18 - Voting ...................................................... 61 Article 19 ................................................................... 62 Article 20 Procedure .................................................. 63 Article 21 ................................................................... 63 Article 22 ................................................................... 63

CHAPTER V - THE SECURITY COUNCIL Article 23 - Composition ............................................. 64 Article 24 - Functions and Powers ............................... 65 Article 25 ................................................................... 65 Article 26 ................................................................... 66 Article 27 - Voting ....................................................... 66 Article 28 - Procedure ................................................. 67 Article 29 ................................................................... 67 Article 30 ................................................................... 67 Article 31 .................................................................. 67 Article 32 ................................................................... 68

CHAPTER VI - PACIFIC SETTLEMENT OF DISPUTES Article 33 ................................................................... 69 Article 34 ................................................................... 69 Article 35 ................................................................... 69

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Article 36 ................................................................... 70 Article 37 ................................................................... 71 Article 38 ................................................................... 71

CHAPTER VII - ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION Article 39 ................................................................... 72 Article 40 ................................................................... 72 Article 41 ................................................................... 72 Article 42 ................................................................... 73 Article 43 ................................................................... 73 Article 44 ................................................................... 74 Article 45 ................................................................... 74 Article 46 ................................................................... 75 Article 47 ................................................................... 75 Article 48 ................................................................... 76 Article 49 ................................................................... 76 Article 50 ................................................................... 77 Article 51 ................................................................... 77

CHAPTER VIII REGIONAL ARRANGEMENTS Article 52 ................................................................... 78 Article 53 ................................................................... 79 Article 54 ................................................................... 79

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CHAPTER IX - INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION Article 55 ................................................................... 80 Article 56 ................................................................... 80 Article 57 ................................................................... 81 Article 58 ................................................................... 81 Article 59 ................................................................... 81 Article 60 ................................................................... 82

CHAPTER X - THE ECONOMIC AND SOCIAL COUNCIL Article 61 - Composition.............................................. 83 Article 62 - Functions and Powers ............................... 84 Article 63 ................................................................... 85 Article 64 ................................................................... 85 Article 65 ................................................................... 86 Article 66 ................................................................... 86 Article 67 - Voting ....................................................... 86 Article 68 - Procedure ................................................. 87 Article 69 ................................................................... 87 Article 70 ................................................................... 87 Article 71 ................................................................... 87 Article 72 ................................................................... 88

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CHAPTER XI - DECLARATION REGARDING NON-SELF- GOVERNING TERRITORIES Article 73 ................................................................... 89 Article 74 ................................................................... 90

CHAPTER XII INTERNATIONAL TRUSTEESHIP SYSTEM Article 75 ................................................................... 91 Article 76 ................................................................... 91 Article 77 ................................................................... 92 Article 78 ................................................................... 93 Article 79 ................................................................... 93 Article 80 ................................................................... 93 Article 81 ................................................................... 94 Article 82 ................................................................... 94 Article 83 ................................................................... 95 Article 84 ................................................................... 95 Article 85 ................................................................... 96

CHAPTER XIII - THE TRUSTEESHIP COUNCIL Article 86 - Composition ............................................. 97 Article 87 - Functions and Powers................................ 98 Article 88 ................................................................... 98 Article 89 - Voting ....................................................... 99 Article 90 - Procedure.................................................. 99 Article 91 ................................................................... 99

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CHAPTER XIV - THE INTERNATIONAL COURT OF JUSTICE Article 92 ................................................................... 100 Article 93 ................................................................... 100 Article 94 ................................................................... 100 Article 95 ................................................................... 101 Article 96 ................................................................... 101

CHAPTER XV - THE SECRETARIAT Article 97 ................................................................... 102 Article 98 ................................................................... 102 Article 99 ................................................................... 102 Article 100 .................................................................. 103 Article 101................................................................... 103

CHAPTER XVI - MISCELLANEOUS PROVISIONS Article 102................................................................... 105 Article 103 .................................................................. 105 Article 104 .................................................................. 105 Article 105................................................................... 106

CHAPTER XVII - TRANSITIONAL SECURITY ARRANGEMENTS Article 106 .................................................................. 107 Article 107 .................................................................. 107

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CHAPTER XVIII - AMENDMENTS Article 108................................................................... 108 Article 109................................................................... 108

CHAPTER XIX - RATIFICATION AND SIGNATURE Article 110 .................................................................. 109 Article 111 .................................................................. 111

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INTRODUCTORY NOTE In 2005 the Perdana Global Peace Organization (PGPO), of which His Excellency Tun Dr. Mahathir Mohamad is the Chairman, organized the Kuala Lumpur Global Peace Forum.

The Forum, held on 14-17 December 2005 at the Putra World Trade Centre (PWTC) Kuala Lumpur was attended by more than 2000 people from all the five continents.

In his keynote address at the Conference Tun Dr. Mahathir said, inter alia, that “We would like this Conference to be the beginning of a world-wide sustained effort to criminalise war and banish it as an option in the settlement of disputes and conflicts between nations; to recognise and define war as legitimised mass murder, as inhuman and uncivilised. We would like this conference to reject war totally and to accept peace as worthy of being the true expression of the humaneness and nobility of humankind, that peace be the xv

ultimate measure of the level of civilisation humanity should strive for, should attain.”

Tun Dr. Mahathir also said that the “primary purpose of this peace Conference… is to initiate and help make effective a sustained campaign against war, a campaign to make the killing of people as a means of solving disputes between nations illegal.”

At the Forum, which spanned over 4 days, 8 separate sessions and involving more than 30 well-known national and international speakers, the participants issued a historic document known as the THE KUALA LUMPUR INITIATIVE TO CRIMINALISE WAR. That Initiative reads as follows The Kuala Lumpur Global Peace Forum of concerned peoples from all five continents are: UNITED in the belief that peace is the essential condition for the survival and well-being of the human race,

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DETERMINED to promote peace and save succeeding generations from the scourge of war, OUTRAGED over the frequent resort to war in the settlement of disputes between nations, DISTURBED that militarists are preparing for more wars, TROUBLED that use of armed force increases insecurity for all, and TERRIFIED that the possession of nuclear weapons and the imminent risk of nuclear war will lead to the annihilation of life on earth.

To achieve peace, we now declare that: Wars increasingly involve the killing of innocent people and are, therefore, abhorrent and criminal. Killings in war are as criminal as the killings within societies in times of peace. xvii

Since killings in peace time are subject to the domestic law of crime, killings in war must likewise be subject to the international law of crimes. This should be so irrespective of whether these killings in war are authorized or permitted by domestic law.

All commercial, financial, industrial and scientific activities that aid and abet war should be criminalised.

All national leaders who initiate aggression must be subjected to the jurisdiction of the International Criminal Court.

All nations must strengthen the resolve to accept the purposes and principles of the United Nations Charter and institute methods to settle international disputes by peaceful means and to renounce war.

Armed force shall not be used except when authorised by a Resolution passed by two-thirds majority of the total membership of the General Assembly of the United Nations.

All legislators and all members of Government must affirm their belief in peace and pledge to strive for xviii

peace. Political parties all over the world must include peace as one of their principal objectives.

Non-Governmental Organisations committed to the promotion of peace should be set up in all nations.

Public servants and professionals, particularly in the medical, legal, educational and scientific fields, must promote peace and campaign actively against war.

The media must actively oppose war and the incitement to war and consciously promote the peaceful settlement of international disputes.

Entertainment media must cease to glorify war and violence and should instead cultivate the ethos of peace. All religious leaders must condemn war and promote peace.

To these ends the Forum resolves to establish a permanent Secretariat in Kuala Lumpur to: IMPLEMENT this Initiative,

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OPPOSE policies and programmes that incite war, and SEEK the cooperation of NGOs worldwide to achieve the goals of this Initiative.

The Initiative was signed by Tun Dr. Mahathir and 11 other international personalities, namely: Imam Feisal Abdul Rauf Prof Francis A. Boyle Dr. Helen Caldicott Prof Michel Chossudovsky Mr Denis J. Halliday Mr Hans-Christof Von Sponeck Dato’ Mukhriz Mahathir Dato’ Michael OK Yeoh Mr Matthias Chang Dr. Chandra Muzaffar Prof Shad Saleem Faruqi In the following year (June 2006), the Perdana Leadership Foundation organized another Peace Forum with a closed door session on the issue of “Criminalise War. Stop World War IV,” and subsequently a panel discussion on “Building An Action Plan for the Global Network for Peace.” xx

In February 2007, the Foundation organised an International Conference and Exhibition, themed “Expose War Crimes, Criminalise War” at the Dewan Merdeka, PWTC, Kuala Lumpur. It was attended by over 3000 people from all over the globe.

In his opening speech at this Conference, Tun Dr. Mahathir reminded the participants that It is time we renounce killing masses of people in order to solve international disputes. It is time we renounce WAR! Defensive war would not be necessary in the absence of wars of aggression.

Trillions of dollars would be saved as nations scale down their war machines…

Unless war is made illegal the whole world will have to endure an endless state of war between the powerful and the weak. There would be no security for anyone whether involved or not involved. There would be no place in the world that would be safe. Instead of diminishing, instead of peace we are going to see endless escalating wars with ways of killing and destruction we cannot always anticipate or prepare for… xxi

War is a crime. It is primitive and not in keeping with the stage of our civilisation. It is our bounden duty to make war illegitimate, to make war a crime.�

In one of the sessions at this International Conference, the participants heard a live testimony by Ali Shalah, one of the victims of torture at Abu Ghraib Prison in Iraq.

It was at the conclusion of this Conference that a decision was made for the establishment of a formal body in the form of the Kuala Lumpur Foundation to Criminalise War Inc (KLFCW), an entity incorporated under the laws of Malaysia, under which the Kuala Lumpur War Crimes Commission, the Kuala Lumpur War Crimes Tribunal and other supporting Institutions can be legally established and function.

This handy pocket-size publication, intended to inform the general public of what our various Institutions under KLFCW would be doing in pursuit of our objective to criminalise war and to energise peace, contains the basic constitutional document establishing the Kuala Lumpur War Crimes Commission, the War Crimes xxii

Tribunal as well as other Institutions under the umbrella of KLFCW. This important document is called the Charter of the Kuala Lumpur War Crimes Commission and Rules of Procedure and Evidence of the Kuala Lumpur War Crimes Tribunal. It was signed by the Trustees of the Kuala Lumpur Foundation to Criminalise War Inc on 6th June 2008 in Kuala Lumpur.

Part I of the document (the Charter) contains 15 Articles providing for the establishment of the Institutions (Article 1), objectives of the Commission (Article 2), seat of the Institutions (Article 3), legal status of the Commission and the Tribunal (Article 4), composition of the Commission (Article 5), role and composition of the Tribunal (Article 6), jurisdiction of the Commission and the Tribunal (Article 7), crimes against peace (Article 8), crimes against humanity (Article 9), Genocide (Article 10), war crimes (Article 11), Legal Team (Article 12), the Secretariat (Article 13), financial matters (Article 14), and miscellaneous provisions (Article 15).

Part II (Rules of Procedure and Evidence of the Kuala Lumpur War Crimes Tribunal) contains 32 Articles xxiii

setting out in detail rules of procedure and evidence of the Tribunal. Minimum standards of fair procedure and evidence are provided for in Article 2, the charge to be preferred to an accused in Articles 3 to 5, service and the charge and trial dates in Articles 6 to 8, oral and documentary evidence in Articles 9 to 11, mode of proceedings in Articles 12 to 28, verdict in Articles 29 to 31, and finally register of war criminals in Article 32.

This publication also contains the full text of the Charter of the United Nations in the Appendix.

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CHARTER OF THE KUALA LUMPUR WAR CRIMES COMMISSION PREAMBLE

The Parties to this Charter, Conscious that grave crimes continue to threaten the peace, security and well-being of the world, Mindful that these crimes must not be allowed to go unpunished, Determined to bring to justice the perpetrators of these crimes and to prevent the repetition of such crimes in the future, Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes, Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,

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Emphasizing in this connection that nothing in this Charter shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State, Determined to establish an independent War Crimes Tribunal with jurisdiction over the most serious crimes of concern to the international community as a whole, Resolved to guarantee lasting respect for and the enforcement of international justice, Recalling that the Kuala Lumpur Foundation to Criminalise War Incorporated (formerly known as the Kuala Lumpur International Peace Foundation Incorporated), under its Statute IV, has provided for the establishment of the following institutions, Have agreed as follows:

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PART 1 THE COMMISSION Article 1 Establishment of the Institutions There shall hereby be established the Kuala Lumpur War Crimes Commission (“the Commission”), the Kuala Lumpur War Crimes Tribunal (“the Tribunal”), the Kuala Lumpur War Crimes Legal Team (“the Legal Team”) and the Kuala Lumpur War Crimes Secretariat (“the Secretariat”), whose functions and jurisdiction, respectively, shall be governed by the provisions of this Charter.

Article 2 Objectives of the Commission 1.

The general objectives of the Commission are to (i)

To receive and investigate complaints from victims of wars and armed conflicts

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in relation to crimes against peace, war crimes, crimes against humanity and other like offences as recognized under international law; (ii) To put an end to all war crimes and crimes against humanity currently perpetrated by any government in any part of the globe; (iii) To bring war criminals of any nationality to justice; (iv) To prevent the recurrence of war crimes, crimes against peace, crimes against humanity, in the future.

2.

The specific objectives of the Commission include the investigation of the following – (i)

War crimes committed in Iraq;

(ii) War crimes committed in Palestine; (iii) War crimes committed in Afghanistan;

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(iv) War Crimes committed in Lebanon; (v)

Other war crimes referred to the Commission.

Article 3 Seat of the Institutions

1.

The seat of the Institutions shall be in Kuala Lumpur, Malaysia.

2.

The Commission, the Legal Team and the Secretariat shall operate from their headquarters in Kuala Lumpur, but the Tribunal may sit anywhere else outside Kuala Lumpur, whenever it considers it necessary or expedient to do so.

Article 4 Legal status and powers of the Commission & the Tribunal

The Commission and the Tribunal shall have international legal personality. They shall also have such legal capacity as may be necessary for the exercise of their functions and the fulfillment of their purposes.

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Article 5 Composition of the Commission 1.

The Commission shall consist of not more than 11 eminent persons, referred to as “the Commissioners�, nominated by the Kuala Lumpur Foundation to Criminalise War.

2.

The Commissioners may be of any nationality but need not possess any legal qualification.

3.

When discharging their duties in relation to Article 2 of this Charter, a quorum of five (5) members shall suffice to constitute the Commission.

Article 6 The Tribunal

1.

The Tribunal shall serve as the judicial arm of the Commission.

2.

The Tribunal shall comprise a body of eminent persons with legal qualifications, regardless

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of their nationality, not exceeding 15 and nominated by the Kuala Lumpur Foundation to Criminalise War. 3.

The Deputy Chairman of the Foundation shall be the President of the Tribunal and in that capacity, he shall have a casting vote.

4.

Every member of the Tribunal shall, before taking up his duties, make solemn declaration that he will exercise his powers impartially and conscientiously.

5.

A quorum of five Judges shall suffice to constitute the Tribunal in the event that the President is indisposed or unable to discharge his duties, the judges shall elect from among themselves an Acting President.

6.

The Tribunal shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.

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7.

The Tribunal shall make its own rules for carrying out its functions including holding case management proceedings. In particular, it shall lay down rules of procedure and evidence.

8.

The official language of the Tribunal shall be English. The Tribunal shall, at the request of any party, authorize a language other than English to be used by that party.

9.

The hearing by the Tribunal shall be public, unless the Tribunal shall decide otherwise or unless the parties demand that the public be not admitted.

Article 7 Jurisdiction of the Commission and the Tribunal 1.

The Commission and the Tribunal shall have jurisdiction under this Chapter in respect of the following crimes: (a) Crimes against peace; (b) Crimes against humanity; (c) Crime of genocide;

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(d) War crimes.

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(a) The Tribunal may, in its absolute discretion, give an advisory opinion on any question of International Law of substantial public importance at the request of the War Crimes Commission, the Legal Team, the parties before the Tribunal or any one or more of the amici curiae apponted by the Tribunal in any particular case.

(b) Questions upon which the advisory opinion of the Tribunal is asked shall be laid before the Tribunal  by means of a written request containing an exact statement of the question upon which an opinion is required, and accompanied, where necessary, by all documents likely to throw light upon the question.

(c) If the Tribunal agrees to comply with such a request, the Registrar shall forthwith give notice of the request for an advisory opinion to all concerned  who shall be entitled

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to make written submissions  before the Tribunal.

(d) Unless the request for an advisory opinion is from the Commission or the Legal Team, requests in other cases shall only be made through a firm of Solicitors. (e) In the exercise of its advisory functions the Tribunal shall further be guided by the provisions of the present Charter and Rules of Procedure and Evidence of the Kuala Lumpur War Crimes Tribunal  which apply in contentious cases to the extent to which they recognize them to be applicable.

Article 8 Crimes against peace

1.

A crime against peace refers to planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.

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Article 9 Crimes against humanity For the purpose of this Charter, “crime against humanity� means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national,

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ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Tribunal; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health; (l) Imposition of unjust sanctions and blockade to impoverish civilian populations.

Article 10 Genocide For the purpose of this Charter, “genocide� means 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;

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(b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.

Article 11 War crimes 1.

The Tribunal shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

2.

For the purpose of this Charter, “war crimes� means: (a)

Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property

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protected under the provisions of the relevant Geneva Convention: (i)

Wilful killing;

(ii)

Torture or inhuman treatment, including biological experiments;

(iii)

Wilfully causing great suffering, or serious injury to body or health;

(iv) E x t e n s i v e d e s t r u c t i o n a n d appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (v)

Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi)

Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

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(vii) Unlawful deportation or transfer or unlawful confinement; (viii) Taking of hostages. (b) Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts: (i)

Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

(ii)

Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii)

Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or

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peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflicts; (iv)

Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

(v)

Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

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(vi)

Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;

(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury; (viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

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(ix)

Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(x)

Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi)

Killing or wounding treacherously individuals belonging to the hostile nation or army;

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(xii) Declaring that no quarters will be given; (xiii) Destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war; (xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party; (xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war; (xvi) Pillaging a town or place, even when taken by assault;

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(xvii) Employing poison or poisoned weapons; (xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; (xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; (xx)

Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflicts;

(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

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(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions; (xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations; (xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; (xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief

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supplies as provided for under the Geneva Conventions; (xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities;  (xxvii ) Destruction, pillage  and spoilation of the  economies of countries under military occupation. (c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause: (i)

Violence to life and person, in particular murder of all kinds, 22

mutilation, cruel treatment and torture; (ii)

Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(iii)

Taking of hostages;

(iv)

The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.

(d) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts: (i)

Intentionally directing attacks against the civilian population as such or 23

against individual civilians not taking direct part in hostilities; (ii)

Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(iii)

Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflicts;

(iv)

Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable

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purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives; (v)

Pillaging a town or place, even when taken by assault;

(vi)

Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence also constituting a serious violation of Article 3 common to the four Geneva Conventions;

(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities; (viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of

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the civilians involved or imperative military reasons so demand; (ix)

Killing or wounding treacherously a combatant adversary;

(x)

Declaring that no quarters will be given;

(xi)

Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xii)

Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict.

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Article 12 Legal Team 1.

The Legal Team shall initially comprise of five Malaysian lawyers.

2.

The Commission shall increase the membership of the Legal Team by appointing additional lawyers from Malaysia and abroad, from time to time as and when it deems it necessary to do so.

3.

The Legal Team shall as soon as practicable establish 3 distinct divisions, each responsible for discharging the functions and duties assigned to it by the Commission, namely (a) The Prosecution Division (prosecuting offenders before the Tribunal) ; (b) The Defence Division (providing legal aid to accused, if such aid is requested); (c)

The Victims Unit Division (looking after the interest of victims & their dependants during

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the course of the proceedings before the Tribunal).

Article 13 The Secretariat 1.

There shall be established a Secretariat to assist the Foundation and the other Institutions of the Foundation in all their administrative functions.

The Secretariat shall comprise a SecretaryGeneral, the Deputy Secretry-General and such other officers and staff as the Board of Trustees of the Kuala Lumpur Foundation to Criminalise War Incorporated shall determine.

2.

The Secretary-General shall be the chief administrative officer of the Foundation and all its Institutions. He shall also perform such other functions as are entrusted to him by the Board of the Trustees of the Foundation. He shall make an annual report to the Board of Trustees of the Foundation on the work of the Foundation and all its Institutions.

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3.

The Secretary-General shall provide for the Secretariat’s own procedure in the discharge of its functions and duties.

Article 14 Financial matters

The Board of Trustees of the Foundation shall determine the allowances and disbursements payable to its members, witnesses and all other officials, staff and persons involved in the work of the Foundation and its other Institutions.

Article 15 Miscellaneous provisions The Board of Trustees of the Foundation may, from time to time, make provisions for any other matter that it deems necessary to enable it to carry out its work more effectively in furtherance of the objectives spelt out in this Charter.

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PART 2 RULES OF PROCEDURE AND EVIDENCE OF THE TRIBUNAL CHAPTER I GENERAL Article 1 The Tribunal shall at their first meeting establish and adopt rules of procedure and evidence in accordance with the minimum standards and guidelines established by these Rules. The Tribunal shall be mindful of their function as a tribunal of conscience and shall thereby act on fair, transparent and just procedure.

Article 2 The minimum standards of fair procedure and evidence shall comprise the following: (a) Every person against whom a petition or charge is made shall be presumed innocent until his culpability is established on the evidence;

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(b) The proceedings shall be in public unless circumstances arise which require the proceedings to be continued in private on the basis of sound reasons ( e.g. to protect the identity and evidence of victims of sexual offences, or otherwise to guarantee the personal safety of the witness ); (c) Every person charged must be informed of the exact charge(s) against him which must be expressed clearly and exactly and supported by sufficient and relevant grounds and facts; (d) Every person charged must be accorded a right of hearing (whether oral or written) and the fullest opportunity to answer the charge(s) must be accorded; (e) Every person charged must be informed of his right to legal representation of his choice; (f)

The proceedings shall at all times respect human dignity and shall only act on the basis of proven facts established on relevant evidence after full and fair proceedings;

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(g) A full and complete documentary record of the proceedings shall be kept and made available to every person charged and the public; (h) The Tribunal shall provide a full reasoned decision based on the relevant evidence found to be admissible and fair; (i)

The burden of proof shall be on the basis of beyond reasonable doubt;

(j)

The onus of proof shall be on the prosecuting team throughout the proceedings;

(k) In the event of a lacuna in the rules, the Tribunal shall adopt rules which comply with international standards of fairness and justice.

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CHAPTER II THE CHARGE Article 3 The Charge shall state the offence with which the person is charged before the Tribunal.

Article 4 The offence must be positively and precisely stated so that the person charged may know with certainty the charged offence.

Article 5 The Charge shall contain sufficient particulars as to time and place of the alleged offence(s) and the person(s) against whom the offence(s) was or were committed as are reasonably sufficient to give the accused notice and a reasonable and fair opportunity to respond.

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CHAPTER III SERVICE OF THE CHARGE & TRIAL DATES Article 6 (a) The Registrar of the Tribunal shall cause to be served on the accused a copy of the Charge or Charges before the commencement of any proceedings of the tribunal. (b) If the Charge involves a current head of state/ government or a former head of state/government, service of a copy thereof to the relevant Embassy or High Commission shall suffice and the accused is deemed to have been served. Â (c) In all other cases, such as military commanders (serving or retired) and government officials, service of the charge shall be deemed effected if sent to the last known office of the accused.

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Article 7 Each tribunal member shall be supplied a copy of the Charge.

Article 8 Upon receipt of the Charge, the tribunal shall decide on the dates for the commencement of proceedings which shall not be less than two months from the date of filing of the Charges with the Registrar of the tribunal.

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CHAPTER IV ORAL & DOCUMENTARY EVIDENCE Article 9 The evidence of witnesses shall preferably be in the form of a written testimony/affidavit with exhibits of the relevant documentary and photographic evidence.

Article 10 The evidence of witnesses shall be by way of Witness Statements in the form of an affidavit. The witnesses are required to file Witness Statements and such statements shall be read by the witnesses at the trial.

The filing of such witness statements shall not preclude a witness from making further oral testimony at the trial if circumstances necessitate such additional evidence.

Article 11 (a) The accused person shall also file witness statements prior to the commencement of proceedings of the tribunal.

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(b) Public documents which are records of sovereign authorities, of public officers, legislative, judicial, executive, municipal and military, of official bodies, Courts and Tribunals of any country and of an International Organization, shall be accepted as documentary evidence, inclusive of electronic records of such documents.The Tribunal shall presume unless the contrary is proved that the electronic record has not been altered.

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CHAPTER V MODE OF PROCEEDINGS Article 12 The Tribunal proceedings shall commence with a reading of the Charge which shall be explained to the accused in person if he is present.

Article 13 If the accused is not personally present before the Tribunal, the Tribunal shall inquire into the circumstances of his absence. The Tribunal shall be aided by the Prosecution Team in this regard, and will need to be satisfied on the evidence that the accused has been served with the charge or otherwise been sufficiently informed of the commencement of the proceedings.

Article 14 The reason(s) for the absence of the accused shall be duly recorded and shall form part of the official record of the proceedings.

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Article 15 If the Tribunal is satisfied that the accused is for any reason unwilling to appear in person or unwilling to appoint counsel to represent him before the Tribunal, the Tribunal shall appoint one or more amici curiae from the Defence Division of the Legal Team to assist the Tribunal by presenting an unbiased assessment of the charge and evidence against accused.

Article 16 The amicus curiae appointed shall be a person independent of the Prosecuting Team.

Article 17 The Prosecution Team shall begin by making an opening address by outlining the case against the accused.

Article 18 After the conclusion of the opening address, the Tribunal shall receive the oral testimony of the witnesses or their respective written testimony where filed and made available. Oral evidence through video conference may be permitted by the Tribunal.

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Article 19 The conduct of examination of witnesses shall be adversarial.

Article 20 The accused or his counsel shall have the right to cross-examine each witness.

Article 21 Where the accused is not present or no counsel has been appointed by him, the amicus curiae shall crossexamine the witness, followed by a re-examination of the witness by the Prosecution Team.

Article 22 Members of the Tribunal retain the power to examine any of the witnesses at any time in the interest of justice.

Article 23 The examination of witnesses shall be subject to rules of relevancy and admissibility, and as a general rule, primary evidence shall be introduced.

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Article 24 Secondary and hearsay evidence may be admissible in the interest of justice in particular circumstances but the Tribunal shall accord secondary and hearsay evidence less cogency and shall decide finally on the total weight of the evidence with due regard being given to primary evidence.

Article 25 The accused or his counsel or the amicus curiae, as the case may be, may submit no case to answer at the conclusion of the case of the Prosecution Team.

Article 26 In the event the Tribunal decides that there is a prima facie against the accused, the Tribunal shall proceed to receive evidence from the accused or his witnesses where present and available, or in absence to hear submissions from the amicus curiae.

Article 27 The Prosecution Team shall thereafter close the case, followed by a reply from the accused or his counsel, where present or available.

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Article 28 In the absence of the accused or his counsel, the amicus curiae shall assist the Tribunal by replying to the Prosecution Team.

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CHAPTER VI VERDICT Article 29 The Tribunal must be satisfied beyond reasonable doubt that the charge has been proven, and shall provide a full and reasoned written verdict after adjournment and deliberation.

Article 30 Where the tribunal is not satisfied that the case has not been proven against the accused beyond reasonable doubt, it may recommend, subject to the principles of double jeopardy, that further investigations be carried out by the Commission if the tribunal is of the unanimous view that this course of action will serve the ends of justice and conscience.

Article 31 As a tribunal of conscience, a verdict of the Tribunal shall be merely declaratory of the law. The Tribunal may recommend to the Commission to submit its finding to the International Criminal Court or any other international organizations for further action.

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CHAPTER VII REGISTER OF WAR CRIMINALS Article 32 Where a charge has been proven before the Tribunal, the Tribunal shall recommend to the Commission that the name of the person adjudged guilty of war crimes be included in the Commission’s Register of War Criminals and publicized accordingly.

IN FAITH WHEREOF the Trustees of the Kuala Lumpur Foundation to Criminalise War Incorporated have signed the present Charter of the Kuala Lumpur War Crimes Commission and the Rules of Procedure and Evidence of the Tribunal.

DONE at the city of Kuala Lumpur the sixth day of June, two thousand and eight.

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APPENDIX

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INTRODUCTORY NOTE The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.

Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on 17 December 1963 and came into force on 31 August 1965. A further amendment to Article 61 was adopted by the General Assembly on 20 December 1971, and came into force on 24 September 1973. An amendment to Article 109, adopted by the General Assembly on 20 December 1965, came into force on 12 June 1968.

The amendment to Article 23 enlarges the membership of the Security Council from eleven to fifteen. The amended Article 27 provides that decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members (formerly seven) and on all other matters by an affirmative vote of nine members (formerly seven), including the concurring votes of the five permanent members of the Security Council.

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The amendment to Article 61, which entered into force on 31 August 1965, enlarged the membership of the Economic and Social Council from eighteen to twenty-seven. The subsequent amendment to that Article, which entered into force on 24 September 1973, further increased the membership of the Council from twenty-seven to fifty-four.

The amendment to Article 109, which relates to the first paragraph of that Article, provides that a General Conference of Member States for the purpose of reviewing the Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members (formerly seven) of the Security Council. Paragraph 3 of Article 109, which deals with the consideration of a possible review conference during the tenth regular session of the General Assembly, has been retained in its original form in its reference to a “vote, of any seven members of the Security Council�, the paragraph having been acted upon in 1955 by the General Assembly, at its tenth regular session, and by the Security Council.

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Charter of the United Nations WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom, AND FOR THESE ENDS to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advancement of all peoples,

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HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.

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CHAPTER I PURPOSES AND PRINCIPLES Article 1 The Purposes of the United Nations are: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace; 2. To develop friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples, and to take other appropriate measures to strengthen universal peace; 3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and 51

4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.

Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its Members.

2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.

3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

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5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.

6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.

7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

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CHAPTER II MEMBERSHIP Article 3 The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of 1 January 1942, sign the present Charter and ratify it in accordance with Article 110.

Article 4 1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.

2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

Article 5 A Member of the United Nations against which preventive or enforcement action has been taken by the Security

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Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.

Article 6 A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

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CHAPTER III ORGANS Article 7 1. Listed below are the Principal Organs of the United Nations: General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat 2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.

Article 8 The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.

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CHAPTER IV THE GENERAL ASSEMBLY Composition Article 9 1. The General Assembly shall consist of all the Members of the United Nations.

2. Each Member shall have not more than five representatives in the General Assembly.

Functions and Powers Article 10 The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.

Article 11 1. The General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with 57

regard to such principles to the Members or to the Security Council or to both.

2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.

3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.

4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.

Article 12 1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in

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the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.

2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters.

Article 13 1. The General Assembly shall initiate studies and make recommendations for the purpose of: a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification; b. promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

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2. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X. Article 14 Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.

Article 15 1. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.

2. The General Assembly shall receive and consider reports from the other organs of the United Nations.

Article 16 The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned

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to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic.

Article 17 1. The General Assembly shall consider and approve the budget of the Organization.

2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.

3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.

Voting Article 18 1. Each member of the General Assembly shall have one vote.

2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the

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maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1 (c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.

3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.

Article 19 A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.

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Procedure Article 20 The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.

Article 21 The General Assembly shall adopt its own rules of procedure.

It shall elect its President for each session.

Article 22 The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions.

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CHAPTER V THE SECURITY COUNCIL Composition Article 23 1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.

2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election.

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3. Each member of the Security Council shall have one representative.

Functions and Powers Article 24 1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.

2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII. 3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

Article 25 The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

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Article 26 In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.

Voting Article 27 1. Each member of the Security Council shall have one vote.

2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.

3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

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Procedure Article 28 1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.

2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.

3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.

Article 29 The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.

Article 30 The Security Council shall adopt its own rules of procedure, including the method of selecting its President.

Article 31 Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in 67

the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.

Article 32 Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.

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CHAPTER VI PACIFIC SETTLEMENT OF DISPUTES Article 33 1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 34 The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.

Article 35 1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.

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2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.

3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.

Article 36 1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.

2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.

3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.

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Article 37 1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.

2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.

Article 38 Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.

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CHAPTER VII ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 40 In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members 72

of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 43 1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.

2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general

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location, and the nature of the facilities and assistance to be provided.

3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 44 When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfilment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member’s armed forces.

Article 45 In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special 74

agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

Article 46 Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

Article 47 1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council’s military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.

2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee’s responsibilities requires the participation of that Member in its work.

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3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.

4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional sub-committees.

Article 48 1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.

2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.

Article 49 The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

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Article 50 If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.

Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken

by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

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CHAPTER VIII REGIONAL ARRANGEMENTS Article 52 1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.

2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.

3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.

4. This Article in no way impairs the application of Articles 34 and 35.

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Article 53 1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.

2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.

Article 54 The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.

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CHAPTER IX INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION Article 55 With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: a. higher standards of living, full employment, and conditions of economic and social progress and development; b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Article 56 All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

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Article 57 1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63.

2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.

Article 58 The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.

Article 59 The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55.

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Article 60 Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.

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CHAPTER X THE ECONOMIC AND SOCIAL COUNCIL Composition Article 61 1. The Economic and Social Council shall consist of fiftyfour Members of the United Nations elected by the General Assembly.

2. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.

3. At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twentyseven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly.

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4. Each member of the Economic and Social Council shall have one representative.

Functions and Powers Article 62 1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly to the Members of the United Nations, and to the specialized agencies concerned.

2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.

3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.

4. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence.

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Article 63 1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly.

2. It may co-ordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.

Article 64 1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.

2. It may communicate its observations on these reports to the General Assembly.

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Article 65 The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request.

Article 66 1. The Economic and Social Council shall perform such functions as fall within its competence in connection with the carrying out of the recommendations of the General Assembly.

2. It may, with the approval of the General Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies.

3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly.

Voting Article 67 1. Each member of the Economic and Social Council shall have one vote.

2. Decisions of the Economic and Social Council shall be made by a majority of the members present and voting.

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Procedure Article 68 The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions.

Article 69 The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.

Article 70 The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.

Article 71 The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with

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national organizations after consultation with the Member of the United Nations concerned.

Article 72 1. The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President.

2. The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

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CHAPTER XI DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES Article 73 Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of selfgovernment recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end: a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses; b. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;

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c. to further international peace and security; d. to promote constructive measures of development, to encourage research, and to co-operate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and e. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.

Article 74 Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of good-neighbourliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.

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CHAPTER XII INTERNATIONAL TRUSTEESHIP SYSTEM Article 75 The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.

Article 76 The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be: a. to further international peace and security; b. to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;

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c. to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and d. to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals, and also equal treatment for the latter in the administration of justice, without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.

Article 77 1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements: a. territories now held under mandate; b. territories which may be detached from enemy states as a result of the Second World War; and c. territories voluntarily placed under the system by states responsible for their administration.

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2. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.

Article 78 The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.

Article 79 The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.

Article 80 1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states

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or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.

2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.

Article 81 The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization itself.

Article 82 There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43.

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Article 83 1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment shall be exercised by the Security Council.

2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.

3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political, economic, social, and educational matters in the strategic areas.

Article 84 It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defence and the maintenance of law and order within the trust territory.

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Article 85 1. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.

2. The Trusteeship Council, operating under the authority of the General Assembly shall assist the General Assembly in carrying out these functions.

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CHAPTER XIII THE TRUSTEESHIP SYSTEM Composition Article 86 1. The Trusteeship Council shall consist of the following Members of the United Nations: a. those Members administering trust territories; b. such of those Members mentioned by name in Article 23 as are not administering trust territories; and c. as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.

2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.

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Functions and Powers Article 87 The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may: a. consider reports submitted by the administering authority; b. accept petitions and examine them in consultation with the administering authority; c. provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and d. take these and other actions in conformity with the terms of the trusteeship agreements.

Article 88 The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.

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Voting Article 89 1. Each member of the Trusteeship Council shall have one vote.

2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.

Procedure Article 90 1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.

2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

Article 91 The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.

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CHAPTER XIV THE INTERNATIONAL COURT OF JUSTICE Article 92 The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter.

Article 93 1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.

2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.

Article 94 1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.

2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by 100

the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.

Article 95 Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.

Article 96 a. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question. b. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

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CHAPTER XV THE SECRETARIAT Article 97 The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The SecretaryGeneral shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.

Article 98 The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.

Article 99 The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.

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Article 100 1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.

2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.

Article 101 1. The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.

2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations.

These staffs shall form a part of the Secretariat.

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3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

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CHAPTER XVI MISCELLANEOUS PROVISIONS Article 102 1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.

2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.

Article 103 In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

Article 104 The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.

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Article 105 1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes.

2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Organization.

3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.

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CHAPTER XVII TRANSITIONAL SECURITY ARRANGEMENTS Article 106 Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow, 30 October 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security.

Article 107 Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.

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CHAPTER XVIII AMENDMENTS Article 108 Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.

Article 109 1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a twothirds vote of the members of the General Assembly and by a vote of any nine members of the Security Council.

2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.

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3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.

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CHAPTER XIX RATIFICATION AND SIGNATURE Article 110 1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.

2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.

3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states.

4. The states signatory to the present Charter which ratify it after it has come into force will become original

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Members of the United Nations on the date of the deposit of their respective ratifications.

Article 111 The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.

IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter.

DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five.

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CHARTER OF THE KUALA LUMPUR WAR CRIMES COMMISSION & RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUR WAR CRIMES TRIBUNAL INDEX against civilian population 13, 18, 20, 26 against personnel 18, 27

A accused 30, 36, 37, 39, 41, 42, 44, 46, 47, 48, 49 adjournment 49 admissibility 44 admissible 35, 46 affidavit 38 Afghanistan 5 aggression 12 amicus curiae 42, 44, 46, 48 armed conflict 2, 25 armed forces 25, 28 attacks against buildings 21, 24, 27 against civilian object 18, 19

B beyond reasonable doubt 35, 49 births, measures intended to prevent 16 blockade 15 Board of Trustees 31, 32 bombarding 19 bullets 23 burden of proof 35 C charge 33, 34, 37, 41, 42, 49, 51 113

reading of the 41 service of the 34 children conscripting or enlisting 25, 28 forcibly transferring 16 civilian 19, 20, 24, 26, 27, 29 attack against 13, 18 displacement 28 impoverish 15 combatant 20, 29 Commission 3, 5, 6, 8, 10, 11, 12, 30, 37, 49, 51 Commissioners 8 complaints receive and investigate 4 crimes against humanity 5, 10, 13 crimes against peace 5, 10, 12 cross-examine 44 culpability 33 D decision Tribunal shall provide a full reasoned 35

Defence Division 30, See Division deportation 13, 18, 20 destroying See property detention 25 displacement of the civilian population 28 Division Defence 30 Prosecution 30 Victims Unit 30 documentary evidence 38, 40 record 35 documents 11, 40 electronic records of 40 public 40 double jeopardy 49 E eminent persons 8 enslavement 13 evidence 33, 34, 41 additional 39 against accused 42 documentary 38, 40 minimum standards 33 of witnesses 38

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oral 43 oral & documentary 38 photographic 38 primary 44, 46 receive 46 relevant 34, 35, 44 rules 10, 12, 33, 51 secondary and hearsay 46 total weight of 46 examination of witnesses 44 exhibits 38 extermination 13

G Geneva Conventions 16, 20, 24, 25, 27, 28 genocide 11, 15 H hearsay 46 hostages taking of 18, 26 hostile 17, 21, 22 human dignity 34 humanitarian 19, 27

F

I

flag of truce making improper use of 20 forced pregnancy 13, 24, 28 prostitution 13, 24, 28 sterilization 13, 24, 28

inhumane acts 15 injury incidental 19 personal 20 serious 15, 17 superflous 23 Institutions 3, 6, 31, 32 internal affairs of any State 2 international armed conflicts 18 character 25, 26

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community 2 crimes 1 International Criminal Court 49 justice 2 Kuala Lumpur International Peace Foundation 2 legal personality 6 standards of fairness and justice 35 treaties, agreements or assurances 12 international law 5, 11, 13, 15, 18, 19, 23, 24, 26, 27 intervene 2 Iraq 5

Kuala Lumpur Foundation to Criminalise War 2, 8, 9, 31, 51 Kuala Lumpur War Crimes Legal Team 3 Kuala Lumpur War Crimes Secretariat 3, 6, 31, 32 Kuala Lumpur War Crimes Tribunal 3, 12 L lacuna 35 Lebanon 6 legal capacity 6 Legal Team 3, 6, 11, 12, 30, 42 M

J judicial 8, 26, 40 jurisdiction 1, 2, 3, 10, 15, 16 K killing 15, 17, 20, 21, 29

medical experiments 21, 29 mental harm 16 health 15 military 40 advantage 19 commanders 37 forces 24

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imperative reasons 29 insignia 20 necessity 17 objectives 18, 19, 21, 28 occupation 25 operations 24 minimum standards 33 murder 13, 25 mutilation 21, 26, 29 N no case to answer 46 O Occupying Power 20 official language 10 onus of proof 35 opening address 42 opportunity 34, 36 oral testimony 38, 42 P Palestine 5 peacekeeping mission 19, 27

persecution 14 person charged informed 34 photographic evidence See evidence pillaging 22, 28 poison 23 political 14 independence 1 population attack directed against any civilian 13 forcible transfer of 13 intentionally directing attacks against the civilian 18, 26 ordering the displacement of civilian 28 transfer of civilian 20 unjust sanctions and blockade to impoverish civilian 15 pregnancy See forced President Tribunal 9 presumed innocent 33 prima facie 46

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prisoner of war 17 procedure rules of 10, 12, 33, 51 Secretariat’s 32 property 17 destroying or seizing 22, 29 extensive destruction and appropriation of 17 Prosecution Division See Division Prosecution Team 41, 42, 44, 46, 48 prostitution See forced protect the identity 34 public 10, 35 hearing by the the Tribunal 10 proceedings 34 public documents See documents public importance 11 Q

R rape 13, 24, 28 Register of War Criminals 51 Registrar 9, 11, 37, 38 relevancy See evidence, relevant right of hearing 34 S scientific experiments 21, 29 Secretariat See Kuala Lumpur War Crimes Secretariat Secretary-General 31, 32 sexual violence See violence slavery sexual 13, 24, 28 sterilization See forced submissions 12, 46 suffering 15, 17, 23 T

quorum 8, 9

territorial integrity 1 torture 13, 17, 26 118

trial 17, 38 Tribunal 2, 3, 6, 8, 9, 10, 11, 12, 15, 16, 30, 31, 33, 35, 36, 37, 40, 41, 42, 44, 46, 48, 49, 51

allowances and disbursements 32 evidence of 38 oral testimony 42 personal safety 34 re-examination of 44 Witness Statement 38, 39 written testimony 42

U United Nations 1, 19, 20, 27 V verdict 49 victim of sexual offences 34 of war 4 Victims Unit Division See Division violence sexual 14, 24, 28 to life and person 25 W war crimes 5, 6, 11, 16, 51 war criminals 5 witness 38, 44, 46

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NOTES

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