Historical Bill of Rights
Historical Bills Bills of Rights
The Ten Commandments ................................................................................................ 3 Code of Urukagina (2,380-2,360 B.C.).......................................................................... 4 Code of Ur-Nammu, King of Ur (2,100-2,050 B.C.) .................................................... 5 Codex of Lipit-Ishtar of Isin (1,870 B.C.) ..................................................................... 6 Code of Hammurabi (1,790 B.C.)................................................................................... 7 Code of the Nesilim (1,650-1,500 B.C.) ........................................................................ 8 The Cyrus Cylinder (539–530 B.C.) ............................................................................. 10 Magna Carta .................................................................................................................... 11 Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 (GENEVA CONVENTION III) ............................................................................... 17 ‘Bill of Rights’................................................................................................................... 36 Universal Declaration of Human Rights....................................................................... 37 United Nations Declaration on the Rights of Indigenous Peoples .......................... 40 Message of the Georgia Guide-Stones ........................................................................ 46 The Constitution of a Free Society............................................................................... 47
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Historical Bills Bills of Rights The Ten Commandments I. Thou shalt have no other Elôhîym before me. II. Thou shalt not make to thyself an idol, nor likeness of anything, whatever things are in the heaven above, and whatever are in the earth beneath, and whatever are in the waters under the earth. Thou shalt not bow down to them, nor serve them; for I am Yahweh thy Elôhîym, a jealous Elôhîym, recompensing the sins of the fathers upon the children, to the third and fourth generation to them that hate me, and bestowing mercy on them that love me to thousands of them, and on them that keep my commandments. III. Thou shalt not take the name of the Lord thy God in vain; for the Lord thy God will not acquit him that takes his name in vain. IV. Remember the sabbath day to keep it holy. Six days thou shalt labour, and shalt perform all thy work. But on the seventh day is the sabbath of Yahweh thy Elôhîym; on it thou shalt do no work, thou, nor thy son, nor thy daughter, thy servant nor thy maidservant, thine ox nor thine ass, nor any cattle of thine, nor the stranger that sojourns with thee. For in six days the Lord made the heaven and the earth, and the sea and all things in them, and rested on the seventh day; therefore the Lord blessed the seventh day, and hallowed it. V. Honour thy father and thy mother, that it may be well with thee, and that thou mayest live long on the good land, which Yahweh thy Elôhîym gives to thee. VI. Thou shalt not commit adultery. VII. Thou shalt not steal. VIII. Thou shalt not kill. IX. Thou shalt not bear false witness against thy neighbour. X. Thou shalt not covet thy neighbour's wife; thou shalt not covet thy neighbour's house; nor his field, nor his servant, nor his maid, nor his ox, nor his ass, nor any of his cattle, nor whatever belongs to thy neighbour.
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Code of Urukagina (2,380-2,360 B.C.) Urukagina was a ruler (ĂŠnsi) of the city-state Lagash in Mesopotamia. He assumed the title of king, claiming to have been divinely appointed, upon the downfall of his corrupt predecessor, Lugalanda. Although the actual text has not been discovered yet, much of its content may be surmised from other references to it that have been found.
1. Since time immemorial, since life began, in those days, the head boatman appropriated boats, the livestock official appropriated asses, the livestock official appropriated sheep, and the fisheries inspector appropriated.... The shepherds of wool sheep paid a duty in silver on account of white sheep, and the surveyor, chief lamentation-singer, supervisor, brewer and foremen paid a duty in silver on account of young lambs. . . These were the conventions of former times! 2. When Ningirsu, warrior of Enlil, granted the kingship of Lagash to Urukagina, selecting him from among the myriad people, he replaced the customs of former times, carrying out the command that Ningirsu, his master, had given him. 3. He removed the head boatman from control over the boats, he removed the livestock official from control over asses and sheep, he removed the fisheries inspector from control.... 4. He removed the silo supervisor from control over the grain taxes of the guda-priests, he removed the bureaucrat responsible for the paying of duties in silver on account of white sheep and young lambs, and he removed the bureaucrat responsible for the delivery of duties by the temple administrators to the palace. 5. The... administrators no longer plunder the orchards of the poor. When a high quality ass is born to a shublugal, and his foreman says to him, "I want to buy it from you"; whether he lets him buy it from him and says to him "Pay me the price I want!," or whether he does not let him buy it from him, the foreman must not strike at him in anger. 6. When the house of an aristocrat adjoins the house of a shublugal, and the aristocrat says to him, "I want to buy it from you"; whether he lets him buy it from him, having said to him, "Pay me the price I want! My house is a large container—fill it with barley for me!," or whether he does not let him buy it from him, that aristocrat must not strike at him in anger. 7. He cleared and cancelled obligations for those indentured families, citizens of Lagash living as debtors because of grain taxes, barley payments, theft or murder. 8. Urukagina solemnly promised Ningirsu that he would never subjugate the waif and the widow to the powerful.
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Historical Bills Bills of Rights Code of Ur-Nammu, King of Ur (2,100-2,050 B.C.) 1. If a man commits a murder, that man must be killed. 2. If a man commits a robbery, he will be killed. 3. If a man commits a kidnapping, he is to be imprisoned and pay 15 shekels of silver. 4. If a slave marries a slave, and that slave is set free, he does not leave the household. 5. If a slave marries a native (i.e. free) person, he/she is to hand the firstborn son over to his owner. 6. If a man violates the right of another and deflowers the virgin wife of a young man, they shall kill that male. 7. If the wife of a man followed after another man and he slept with her, they shall slay that woman, but that male shall be set free. 8. If a man proceeded by force, and deflowered the virgin slave-woman of another man, that man must pay five shekels of silver. 9. If a man divorces his first-time wife, he shall pay her one mina of silver. 10. If it is a (former) widow whom he divorces, he shall pay her half a mina of silver. 11. If the man had slept with the widow without there having been any marriage contract, he need not pay any silver. 12. If a man is accused of sorcery he must undergo ordeal by water; if he is proven innocent, his accuser must pay 3 shekels. 13. If a man accused the wife of a man of adultery, and the river ordeal proved her innocent, then the man who had accused her must pay one-third of a mina of silver. 14. If a prospective son-in-law enters the house of his prospective father-in-law, but his father-inlaw later gives his daughter to another man, the father-in-law shall return to the rejected son-in-law twofold the amount of bridal presents he had brought. 15. If a slave escapes from the city limits, and someone returns him, the owner shall pay two shekels to the one who returned him. 16. If a man knocks out the eye of another man, he shall weigh out ½ a mina of silver. 17. If a man has cut off another man’s foot, he is to pay ten shekels. 18. If a man, in the course of a scuffle, smashed the limb of another man with a club, he shall pay one mina of silver. 19. If someone severed the nose of another man with a copper knife, he must pay two-thirds of a mina of silver. 20. If a man knocks out a tooth of another man, he shall pay two shekels of silver. 21. [...] If he does not have a slave, he is to pay 10 shekels of silver. If he does not have silver, he is to give another thing that belongs to him. 22. If a man’s slave-woman, comparing herself to her mistress, speaks insolently to her, her mouth shall be scoured with 1 quart of salt. 23. If a man appeared as a witness, and was shown to be a perjurer, he must pay fifteen shekels of silver. 24. If a man appears as a witness, but withdraws his oath, he must make payment, to the extent of the value in litigation of the case. 25. If a man stealthily cultivates the field of another man and he raises a complaint, this is however to be rejected, and this man will lose his expenses. 26. If a man flooded the field of a man with water, he shall measure out three kur of barley per iku of field. 27. If a man had let an arable field to a(nother) man for cultivation, but he did not cultivate it, turning it into wasteland, he shall measure out three kur of barley per iku of field.
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Historical Bills Bills of Rights Codex of Lipit-Ishtar of Isin (1,870 B.C.) 1. If a man gave bare ground to another man to set out as an orchard and the latter did not complete setting out that bare ground as an orchard, he shall give to the man who set out the orchard the bare ground which he neglected as part of his share. 2. If a man entered the orchard of another man and was seized there for stealing, he shall pay ten shekels of silver. 3. If a man cut down a tree in the garden of another man, he shall pay one-half mina of silver. 4. If adjacent to the house of a man the bare ground of another man has been neglected and the owner of the house has said to the owner of the bare ground, "Because your ground has been neglected someone may break into my house: strengthen your house," and this agreement has been confirmed by him, the owner of the bare ground shall restore to the owner of the house any of his property that is lost. 5. If a slave-girl or slave of a man has fled into the heart of the city and it has been confirmed that he (or she) dwelt in the house of (another) man for one month, he shall give slave for slave. 6. If he has no slave, he shall pay fifteen shekels of silver. 7. If a man's slave has compensated his slave-ship to his master and it is confirmed (that he has compensated) his master two-fold, that slave shall be freed. 8. If a miqtum [servant] is the grant of a king, he shall not be taken away. 9. If a miqtum went to a man of his own free will, that man shall not hold him; he (the miqtum) may go where he desires. 10. If a man without authorization bound another man to a matter of which he (the latter) had no knowledge, that man is not affirmed (i.e., legally obligated); he (the first man) shall bear the penalty in regard to the matter to which he had bound him. 11. If the master of an estate or the mistress of an estate has defaulted on the tax of an estate and a stranger has borne it, for three years he (the owner) may not be evicted. Afterwards, the man who bore the tax of the estate shall possess that estate and the former owner of the estate shall not raise any claim. 12. If the father is living, his daughter whether she be a high priestess, a priestess, or a hierodule shall dwell in his house like an heir. 13. If the second wife whom he had married bore him children, the dowry which she brought from her father's house belongs to her children but the children of his first wife and the children of his second wife shall divide equally the property of their father. 14. If a man married his wife and she bore him children and those children are living, and a slave also bore children for her master but the father granted freedom to the slave and her children, the children of the slave shall not divide the estate with the children of their former master. 15. If a man's wife has not borne him children but a harlot from the public square has borne him children, he shall provide grain, oil and clothing for that harlot. The children which the harlot has borne him shall be his heirs, and as long as his wife lives the harlot shall not live in the house with the wife. 16. If a son-in-law has entered the house of his (prospective) father-in-law and afterwards they made him go out (of the house) and gave his wife to his companion, they shall present to him the betrothal gifts which he brought and that wife may not marry his companion. 17. If a man rented an ox and injured the flesh at the nose ring, he shall pay one-third of its price. 18. If a man rented an ox and damaged its eye, he shall pay one-half its price. 19. If a man rented an ox and broke its horn, he shall pay one-fourth its price. 20. If a man rented an ox and damaged its tail, he shall pay one-fourth its price.
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Historical Bills Bills of Rights Code of Hammurabi (1,790 B.C.) ͽ ͽ
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If anyone ensnares another, putting a ban upon him, but he cannot prove it, then he that ensnared him shall be put to death. If anyone brings an accusation against a man, and the accused goes to the river and leaps into the river, if he sinks in the river his accuser shall take possession of his house. But if the river proves that the accused is not guilty, and he escapes unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser. If anyone brings an accusation of any crime before the elders, and does not prove what he has charged, he shall, if a capital offense is charged, be put to death. If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then the builder shall be put to death. (Another variant of this is, If the owner's son dies, then the builder's son shall be put to death.) If a son strikes his father, his hands shall be hewn off. If a man gives his child to a nurse and the child dies in her hands, but the nurse, unbeknown to the father and mother, nurses another child, then they shall convict her of having nursed another child without the knowledge of the father and mother and her breasts shall be cut off. If anyone steals the minor son of another, he shall be put to death. If a man takes a woman as a wife, but has no intercourse with her, this woman is no wife to him. If a man strikes a pregnant woman, thereby causing her to miscarry and die, the assailant's daughter shall be put to death. If a man puts out the eye of an equal, his eye shall be put out. If a man knocks the teeth out of another man, his own teeth will be knocked out. If anyone strikes the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public. If a freeborn man strikes the body of another freeborn man of equal rank, he shall pay one gold mina. If the slave of a freed man strikes the body of a freed man, his ear shall be cut off. If anyone commits a robbery and is caught, he shall be put to death. If anyone opens his ditches to water his crop, but is careless, and the water floods his neighbor's field, he shall pay his neighbor corn for his loss. If a judge tries a case, reaches a decision, and presents his judgment in writing; and later it is discovered that his decision was in error, and it was his own fault, he shall pay twelve times the fine set by him in the case and be removed from the judge's bench.
There are 282 such laws in the Code of Hammurabi, each usually no more than a sentence or two. The 282 laws are bracketed by a Prologue in which Hammurabi introduces himself, and an Epilogue in which he sets forth his hopes and prayers for his code of laws.
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Historical Bills Bills of Rights Code of the Nesilim (1,650-1,500 B.C.) 1. If anyone slay a man or woman in a quarrel, he shall bring this one. He shall also give four persons, either men or women, he shall let them go to his home. 2. If anyone slay a male or female slave in a quarrel, he shall bring this one and give two persons, either men or women, he shall let them go to his home. 3. If anyone smite a free man or woman and this one die, he shall bring this one and give two persons, he shall let them go to his home. 4. If anyone smite a male or female slave, he shall bring this one also and give one person, he shall let him or her go to his home. 5. If anyone slay a merchant of Hatti, he shall give one and a half pounds of silver, he shall let it go to his home. 6. If anyone blind a free man or knock out his teeth, formerly they would give one pound of silver, now he shall give twenty half-shekels of silver. 8. If anyone blind a male or female slave or knock out their teeth, he shall give ten half-shekels of silver, he shall let it go to his home. 10. If anyone injure a man so that he cause him suffering, he shall take care of him. Yet he shall give him a man in his place, who shall work for him in his house until he recovers. But if he recover, he shall give him six half-shekels of silver. And to the physician this one shall also give the fee. 17. If anyone cause a free woman to miscarry, if it be the tenth month, he shall give ten half-shekels of silver, if it be the fifth month, he shall give five half-shekels of silver. 18. If anyone cause a female slave to miscarry, if it be the tenth month, he shall give five half-shekels of silver. 20. If any man of Hatti steal a Nesian slave and lead him here to the land of Hatti, and his master discover him, he shall give him twelve half-shekels of silver, he shall let it go to his home. 21. If anyone steal a slave of a Luwian from the land of Luwia, and lead him here to the land of Hatti, and his master discover him, he shall take his slave only. 24. If a male or female slave run away, he at whose hearth his master finds him or her, shall give fifty half-shekels of silver a year. 31. If a free man and a female slave be fond of each other and come together and he take her for his wife and they set up house and get children, and afterward they either become hostile or come to close quarters, and they divide the house between them, the man shall take the children, only one child shall the woman take. 32. If a slave take a woman as his wife, their case is the same. The majority of the children to the wife and one child to the slave. 33. If a slave take a female slave their case is the same. The majority of children to the female slave and one child to the slave. 34. If a slave convey the bride price to a free son and take him as husband for his daughter, nobody dare surrender him to slavery. 36. If a slave convey the bride price to a free son and take him as husband for his daughter, nobody dare surrender him to slavery. 40. If a soldier disappear, and a vassal arise and the vassal say, This is my military holding, but this other one is my tenancy, and lay hands upon the fields of the soldier, he may both hold the military holding and perform the tenancy duties. If he refuse the military service, then he forfeits the vacant fields of the soldier. The men of the village shall cultivate them. If the king give a captive, they shall give the fields to him, and he becomes a soldier. 98. If a free man set a house ablaze, he shall build the house, again. And whatever is inside the house, be it a man, an ox, or a sheep that perishes, nothing of these he need compensate. 99. If a slave set a house ablaze, his master shall compensate for him. The nose of the slave and his ears they shall cut off, and give him back to his master. But if he do not compensate, then he shall give up this one. 158. If a man go for wages, bind sheaves, load it into carts, spread it on the straw barn and so forth "till they clear the threshing floor, for three months his wages are thirty pecks of barley. If a woman go for wages in the harvest, for two months he shall give twelve pecks of barley.
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159. If anyone harness a yoke of oxen, his wages are one-half peck of barley. 160. If a smith make a copper box, his wages are one hundred pecks of barley. He who makes a copper dish of two-pound weight, his wages are one peck of emmer. 164. If anyone come for borrowing, then make a quarrel and throw down either bread or wine jug, then he shall give one sheep, ten loaves, and one jug of beer. Then he cleanses his house by the offering. Not until the year has elapsed may he salute again the other's house. 170. If a free man kill a serpent and speak the name of another, he shall give one pound of silver; if a slave, this one shall die. 173. If anyone oppose the judgment of the king, his house shall become a ruin. If anyone oppose the judgment of a lord, his head shall be cut off. If a slave rise against his master, he shall go into the pit. 176. If anyone buy an artisan's apprentice, buy either a potter, a smith, a carpenter, a leatherworker, a tailor, a weaver, or a lace-maker, he shall give ten half-shekels. 178. A plow-ox costs fifteen half-shekels of silver, a bull costs ten half-shekels of silver, a great cow costs seven half-shekels of silver, a sheep one half-shekel of silver, a draft horse twenty half-shekels of silver, a mule one pound of silver, a horse fourteen half-shekels of silver. 181-182. Four pounds of copper cost one half-shekel of silver; one tub of lard, one half-shekel of silver; two cheese one half-shekel of silver; a gown twelve half-shekels of silver; one blue woolen garment costs twenty half-shekels of silver; breeches cost ten half-shekels of silver. . . 187. If a man have intercourse with a cow, it is a capital crime, he shall die. They shall lead him to the king's hall. But the king may kill him, the king may grant him his life. But he shall not approach the king. 188. If a man have intercourse with his own mother, it is a capital crime, he shall die. If a man have intercourse with a daughter, it is a capital crime, he shall die. If a man have intercourse with a son, it is a capital crime, he shall die. 190. If a man and a woman come willingly, as men and women, and have intercourse, there shall be no punishment. And if a man have intercourse with his stepmother, there shall be no punishment; except if his father is living, it is a capital crime, the son shall die. 191. If a free man picks up now this woman, now that one, now in this country, then in that country, there shall be no punishment if they came together sexually willingly. 192. If the husband of a woman die, his wife may take her husband's patrimony. 194. If a free man pick up female slaves, now one, now another, there is no punishment for intercourse. If brothers sleep with a free woman, together, or one after the other, there is no punishment. If father and son sleep with a female slave or harlot, together, or one after the other, there is no punishment. 195. If a man sleep with the wife of his brother, while his brother is living, it is a capital crime, he shall die. If a man have taken a free woman, then have intercourse also with her daughter, it is a capital crime, he shall die. If he have taken her daughter, then have intercourse with her mother or her sister, it is a capital crime, he shall die. 197. If a man rape a woman in the mountain, it is the man's wrong, he shall die. But if he rape her in the house, it is the woman's fault, the woman shall die. If the husband find them and then kill them, there is no punishing the husband. 199. If anyone have intercourse with a pig or a dog, he shall die. If a man have intercourse with a horse or a mule, there is no punishment. But he shall not approach the king, and shall not become a priest. If an ox spring upon a man for intercourse, the ox shall die but the man shall not die. One sheep shall be fetched as a substitute for the man, and they shall kill it. If a pig spring upon a man for intercourse, there is no punishment. If any man have intercourse with a foreign woman and pick up this one, now that one, there is no punishment. 200. If anyone give a son for instruction, be it a carpenter, or a potter, or a weaver, or a tailor, or a smith, he shall give six half-shekels of silver for the instruction.
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Historical Bills Bills of Rights The Cyrus Cylinder (539–530 B.C.) […] his troops […four] quarters of the world […] a weakling was established as ruler over his land and […] a similar one he appointed over them, like Esaglia he made […] to Ur and the rest of the cities, a command dishonoring them […] he planned daily and in enmity, he caused the daily offering to cease; he appointed […] he established within the city. The worship of Marduk, king of the gods […] he showed hostility toward his city daily […] his people; he brought all of them to ruin through servitude without rest. On account of their complaints, the lords of the gods became furiously angry and left their land; the gods, who dwelt among them, left their homes, in anger over his bringing into Babylon. Marduk […] to all the dwelling places, which had become ruins, and the people of Sumer and Akkad, who were like corpses […] he turned and granted mercy. In all lands everywhere he searched; he looked through them and sought a righteous prince after his own heart, whom he took by the hand. He called Cyrus, king of Anshan, by name; he appointed him to lordship over the whole world. The land of Qutu, all the Umman-manda, he cast down at his feet. The black headed people, whom he gave his hands to conquer, he took them in justice and righteousness. Marduk, the great lord, looked joyously on the caring for his people on his pious works and his righteous heart. To his city, Babylon, he caused him to go; he made him take the road to Babylon, going as a friend and companion at his side. His numerous troops, in unknown numbers, like the waters of a river, marched armed at his side. Without battle and conflict, he permitted him to enter Babylon. He spared his city, Babylon, a calamity, Nabonidus, the king, who did not fear him, he delivered into his hand. All the people of Babylon, Sumer and Akkad, princes and governors fell down before him and kissed his feet. They rejoiced in his sovereignty; their faces shone. The lord, who by his power brings the dead to life, who amid destruction and injury had protected them, they joyously blessed him, honoring his name. I am Cyrus, king of the world, the great king, the powerful king, king of Babylon, king of Sumer and Akkad, king of the four quarters of the world, son of Cambyses, the great king, king of the city of Anshan; great grandson of Teispes, the great king, king of the city of Anshan; eternal seed of royalty whose rule Bel and Nabu love, In whose administration they rejoice in heart. When I made my triumphal entrance into Babylon, I took up my lordly residence in the royal palace with joy and rejoicing; Marduk, the great lord, moved the noble heart of the residents of Babylon to me, while I gave daily attention to his worship. My numerous troops marched peacefully into Babylon. In all Sumer and Akkad I permitted no enemy to enter. The needs of Babylon and of all its cities I gladly attended to. The people of Babylon [and…], and the shameful yoke was removed from them. Their dwellings, which had fallen, I restored. I cleared out their ruins. Marduk, the great lord, rejoiced in my pious deeds, and graciously blessed me, Cyrus, the king who worships him, and Cambyses, my own son, and all my troops, while we, before him, joyously praised his exalted godhead. All the kings, dwelling in palaces, of all the quarters of the earth, from the Upper to the Lower sea dwelling […] all the kings of the Westland dwelling in tents brought me their heavy tribute, and in Babylon kissed my feet. From […] to Asshur and Susa, Agade, Eshnunak, Zamban, Meturnu, Deri, with the territory of the land of Qutu, the cities on the other side of the Tigris, whose sites were of ancient foundation – the gods, who resided in them, I brought back to their places, and caused them to dwell in a residence for all time. And the gods of Sumer and Akkad – whom Nabonidus, to the anger of the lord of the gods, had brought into Babylon – by the command of Marduk, the great lord, I caused them to take up their dwelling in residences that gladdened the heart. May all the gods, whom I brought into their cities, pray daily before Bel and Nebo for long life for me, and may they speak a gracious word for me and say to Marduk, my lord, “May Cyrus, the king who worships you, and Cambyses, his son, their […] I permitted all to dwell in peace […] Source: Rawlinson, H. C. and T. G. Pinches. A Selection from the Miscellaneous Inscriptions of Assyria and Babylonia. Cuneiform Inscriptions of Western Asia 5. London: Harrison, 1909.
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Historical Bills Bills of Rights Magna Carta The Great Charter 1215
Preamble: John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, & count of Anjou, to the archbishop, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his bailiffs and liege subjects, greetings. Know that, having regard to God and for the salvation of our soul, and those of all our ancestors and heirs, and unto the honor of God and the advancement of his holy Church and for the rectifying of our realm, we have granted as underwritten by advice of our venerable fathers, Stephen, archbishop of Canterbury, primate of all England and cardinal of the holy Roman Church, Henry, archbishop of Dublin, William of London, Peter of Winchester, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, Benedict of Rochester, bishops; of Master Pandulf, subdeacon and member of the household of our lord the Pope, of brother Aymeric (master of the Knights of the Temple in England), and of the illustrious men William Marshal, earl of Pembroke, William, earl of Salisbury, William, earl of Warenne, William, earl of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh (seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip d'Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and others, our liegemen.
1. In the first place we have granted to God, and by this our present charter confirmed for us and our heirs forever that the English Church shall be free, and shall have her rights entire, and her liberties inviolate; and we will that it be thus observed; which is apparent from this that the freedom of elections, which is reckoned most important and very essential to the English Church, we, of our pure and unconstrained will, did grant, and did by our charter confirm and did obtain the ratification of the same from our lord, Pope Innocent III, before the quarrel arose between us and our barons: and this we will observe, and our will is that it be observed in good faith by our heirs forever. We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever. 2. If any of our earls or barons, or others holding of us in chief by military service shall have died, and at the time of his death his heir shall be full of age and owe "relief", he shall have his inheritance by the old relief, to wit, the heir or heirs of an earl, for the whole barony of an earl by ÂŁ100; the heir or heirs of a baron, ÂŁ100 for a whole barony; the heir or heirs of a knight, 100s, at most, and whoever owes less let him give less, according to the ancient custom of fees. 3. If, however, the heir of any one of the aforesaid has been under age and in wardship, let him have his inheritance without relief and without fine when he comes of age. 4. The guardian of the land of an heir who is thus under age, shall take from the land of the heir nothing but reasonable produce, reasonable customs, and reasonable services, and that without destruction or waste of men or goods; and if we have committed the wardship of the lands of any such minor to the sheriff, or to any other who is responsible to us for its issues, and he has made destruction or waster of what he holds in wardship, we will take of him amends, and the land shall be committed to two lawful and discreet men of that fee, who shall be responsible for the issues to us or to him to whom we shall assign them; and if we have given or sold the wardship of any such land to anyone and he has therein made destruction or waste, he shall lose that wardship, and it shall be transferred to two lawful and discreet men of that fief, who shall be responsible to us in like manner as aforesaid. 5. The guardian, moreover, so long as he has the wardship of the land, shall keep up the houses, parks, fishponds, stanks, mills, and other things pertaining to the land, out of the issues of the same land; and he shall restore to the heir, when he has come to full age, all his land, stocked with ploughs and wainage, according as the season of husbandry shall require, and the issues of the land can reasonable bear. 6. Heirs shall be married without disparagement, yet so that before the marriage takes place the nearest in blood to that heir shall have notice. 7. A widow, after the death of her husband, shall forthwith and without difficulty have her marriage portion & inheritance; nor shall she give anything for her dower, or for her marriage
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Historical Bills Bills of Rights portion, or for the inheritance which her husband and she held on the day of the death of that husband; and she may remain in the house of her husband for forty days after his death, within which time her dower shall be assigned to her. 8. No widow shall be compelled to marry, so long as she prefers to live without a husband; provided always that she gives security not to marry without our consent, if she holds of us, or without the consent of the lord of whom she holds, if she holds of another. 9. Neither we nor our bailiffs will seize any land or rent for any debt, as long as the chattels of the debtor are sufficient to repay the debt; nor shall the sureties of the debtor be distrained so long as the principal debtor is able to satisfy the debt; and if the principal debtor shall fail to pay the debt, having nothing wherewith to pay it, then the sureties shall answer for the debt; and let them have the lands and rents of the debtor, if they desire them, until they are indemnified for the debt which they have paid for him, unless the principal debtor can show proof that he is discharged thereof as against the said sureties. 10. If one who has borrowed from the Jews any sum, great or small, die before that loan be repaid, the debt shall not bear interest while the heir is under age, of whomsoever he may hold; and if the debt fall into our hands, we will not take anything except the principal sum contained in the bond. 11. And if anyone die indebted to the Jews, his wife shall have her dower and pay nothing of that debt; and if any children of the deceased are left under age, necessaries shall be provided for them in keeping with the holding of the deceased; and out of the residue the debt shall be paid, reserving, however, service due to feudal lords; in like manner let it be done touching debts due to others than Jews. 12. No scutage not aid shall be imposed on our kingdom, unless by common counsel of our kingdom, except for ransoming our person, for making our eldest son a knight, and for once marrying our eldest daughter; and for these there shall not be levied more than a reasonable aid. In like manner it shall be done concerning aids from the city of London. 13. And the city of London shall have all it ancient liberties and free customs, as well by land as by water; furthermore, we decree and grant that all other cities, boroughs, towns, and ports shall have all their liberties & free customs. 14. And for obtaining the common counsel of the kingdom anent the assessing of an aid (except in the three cases aforesaid) or of a scutage, we will cause to be summoned the archbishops, bishops, abbots, earls, & greater barons, severally by our letters; and we will moveover cause to be summoned generally, through our sheriffs and bailiffs, and others who hold of us in chief, for a fixed date, namely, after the expiry of at least forty days, and at a fixed place; and in all letters of such summons we will specify the reason of the summons. And when the summons has thus been made, the business shall proceed on the day appointed, according to the counsel of such as are present, although not all who were summoned have come. 15. We will not for the future grant to anyone license to take an aid from his own free tenants, except to ransom his person, to make his eldest son a knight, and once to marry his eldest daughter; and on each of these occasions there shall be levied only a reasonable aid. 16. No one shall be distrained for performance of greater service for a knight's fee, or for any other free tenement, than is due therefrom. 17. Common pleas shall not follow our court, but shall be held in some fixed place. 18. Inquests of novel disseisin, of mort d'ancestor, and of darrein presentment shall not be held elsewhere than in their own county courts, and that in manner following; We, or, if we should be out of the realm, our chief justiciar, will send two justiciaries through every county four times a year, who shall alone with four knights of the county chosen by the county, hold the said assizes in the county court, on the day and in the place of meeting of that court. 19. And if any of the said assizes cannot be taken on the day of the county court, let there remain of the knights and freeholders, who were present at the county court on that day, as many as may be required for the efficient making of judgments, according as the business be more or less.
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Historical Bills Bills of Rights 20. A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; & for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his "contentment"; and a merchant in the same way, saving his "merchandise"; and a villein shall be amerced in the same way, saving his "wainage" if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. 21. Earls and barons shall not be amerced except through their peers, and only in accordance with the degree of the offense. 22. A clerk shall not be amerced in respect of his lay holding except after the manner of the others aforesaid; further, he shall not be amerced in accordance with the extent of his ecclesiastical benefice. 23. No village or individual shall be compelled to make bridges at river banks, except those who from of old were legally bound to do so. 24. No sheriff, constable, coroners, or others of our bailiffs, shall hold pleas of our Crown. 25. All counties, hundred, wapentakes, and trithings (except our demesne manors) shall remain at the old rents, and without any additional payment. 26. If anyone holding of us a lay fief shall die, and our sheriff or bailiff shall exhibit our letters patent of summons for a debt which the deceased owed us, it shall be lawful for our sheriff or bailiff to attach and enroll the chattels of the deceased, found upon the lay fief, to the value of that debt, at the sight of law worthy men, provided always that nothing whatever be thence removed until the debt which is evident shall be fully paid to us; and the residue shall be left to the executors to fulfill the will of the deceased; and if there be nothing due from him to us, all the chattels shall go to the deceased, saving to his wife and children their reasonable shares. 27. If any freeman shall die intestate, his chattels shall be distributed by the hands of his nearest kinsfolk & friends, under supervision of the Church, saving to every one the debts which the deceased owed to him. 28. No constable or other bailiff of ours shall take corn or other provisions from anyone without immediately tendering money therefore, unless he can have postponement thereof by permission of the seller. 29. No constable shall compel any knight to give money in lieu of castle-guard, when he is willing to perform it in his own person, or (if he himself cannot do it from any reasonable cause) then by another responsible man. Further, if we have led or sent him upon military service, he shall be relieved from guard in proportion to the time during which he has been on service because of us. 30. No sheriff or bailiff of ours, or other person, shall take the horses or carts of any freeman for transport duty, against the will of the said freeman. 31. Neither we nor our bailiffs shall take, for our castles or for any other work of ours, wood which is not ours, against the will of the owner of that wood. 32. We will not retain beyond one year and one day, the lands those who have been convicted of felony, and the lands shall thereafter be handed over to the lords of the fiefs. 33. All kydells for the future shall be removed altogether from Thames and Medway, and throughout all England, except upon the seashore. 34. The writ which is called praecipe shall not for the future be issued to anyone, regarding any tenement whereby a freeman may lose his court. 35. Let there be one measure of wine throughout our whole realm; and one measure of ale; and one measure of corn, to wit, "the London quarter"; and one width of cloth (whether dyed, or russet, or "halberget"), to wit, two ells within the selvedges; of weights also let it be as of measures. 36. Nothing in future shall be given or taken for a writ of inquisition of life or limbs, but freely it shall be granted, and never denied. 37. If anyone holds of us by fee-farm, either by socage or by burage, or of any other land by knight's service, we will not (by reason of that fee-farm, socage, or burgage), have the wardship of the heir, or of such land of his as if of the fief of that other; nor shall we have wardship of that fee-farm, socage, or burgage, unless such fee-farm owes knight's service. We will not by reason of any small
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Historical Bills Bills of Rights serjeancy which anyone may hold of us by the service of rendering to us knives, arrows, or the like, have wardship of his heir or of the land which he holds of another lord by knight's service. 38. No bailiff for the future shall, upon his own unsupported complaint, put anyone to his "law", without credible witnesses brought for this purposes. 39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land. 40. To no one will we sell, to no one will we refuse or delay, right or justice. 41. All merchants shall have safe and secure exit from England, and entry to England, with the right to tarry there and to move about as well by land as by water, for buying and selling by the ancient and right customs, quit from all evil tolls, except (in time of war) such merchants as are of the land at war with us. And if such are found in our land at the beginning of the war, they shall be detained, without injury to their bodies or goods, until information be received by us, or by our chief justiciar, how the merchants of our land found in the land at war with us are treated; and if our men are safe there, the others shall be safe in our land. 42. It shall be lawful in future for anyone (excepting always those imprisoned or outlawed in accordance with the law of the kingdom, and natives of any country at war with us, and merchants, who shall be treated as if above provided) to leave our kingdom and to return, safe and secure by land and water, except for a short period in time of war, on grounds of public policy- reserving always the allegiance due to us. 43. If anyone holding of some escheat (such as the honor of Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands and are baronies) shall die, his heir shall give no other relief, & perform no other service to us than he would have done to the baron if that barony had been in the baron's hand; and we shall hold it in the same manner in which the baron held it. 44. Men who dwell without the forest need not henceforth come before our justiciaries of the forest upon a general summons, unless they are in plea, or sureties of one or more, who are attached for the forest. 45. We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well. 46. All barons who have founded abbeys, concerning which they hold charters from the kings of England, or of which they have long continued possession, shall have the wardship of them, when vacant, as they ought to have. 47. All forests that have been made such in our time shall forthwith be disafforsted; and a similar course shall be followed with regard to river banks that have been placed "in defense" by us in our time. 48. All evil customs connected with forests and warrens, foresters and warreners, sheriffs and their officers, river banks and their wardens, shall immediately by inquired into in each county by twelve sworn knights of the same county chosen by the honest men of the same county, and shall, within forty days of the said inquest, be utterly abolished, so as never to be restored, provided always that we previously have intimation thereof, or our justiciar, if we should not be in England. 49. We will immediately restore all hostages and charters delivered to us by Englishmen, as sureties of the peace of faithful service. 50. We will entirely remove from their bailiwicks, the relations of Gerard of Athee (so that in future they shall have no bailiwick in England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers, Philip Mark with his brothers and his nephew Geoffrey, & the whole brood of the same. 51. As soon as peace is restored, we will banish from the kingdom all foreign born knights, crossbowmen, sergeants, and mercenary soldiers who have come with horses and arms to the kingdom's hurt.
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Historical Bills Bills of Rights 52. If anyone has been dispossessed or removed by us, without the legal judgment of his peers, from his lands, castles, franchises, or from his right, we will immediately restore them to him; and if a dispute arise over this, then let it be decided by the five and twenty barons of whom mention is made below in the clause for securing the peace. Moreover, for all those possessions, from which anyone has, without the lawful judgment of his peers, been disseised or removed, by our father, King Henry, or by our brother, King Richard, and which we retain in our hand (or which as possessed by others, to whom we are bound to warrant them) we shall have respite until the usual term of crusaders; excepting those things about which a plea has been raised, or an inquest made by our order, before our taking of the cross; but as soon as we return from the expedition, we will immediately grant full justice therein. 53. We shall have, moreover, the same respite and in the same manner in rendering justice concerning the disafforestation or retention of those forests which Henry our father and Richard our broter afforested, & concerning the wardship of lands which are of the fief of another (namely, such wardships as we have hitherto had by reason of a fief which anyone held of us by knight's service), and concerning abbeys founded on other fiefs than our own, in which the lord of the fee claims to have right; and when we have returned, or if we desist from our expedition, we will immediately grant full justice to all who complain of such things. 54. No one shall be arrested or imprisoned upon the appeal of a woman, for the death of any other than her husband. 55. All fines made with us unjustly and against the law of the land, and all amercements, imposed unjustly & against the law of the land, shall be entirely remitted, or else it shall be done concerning them according to the decision of the five and twenty barons whom mention is made below in the clause for securing the peace, or according to the judgment of the majority of the same, along with the aforesaid Stephen, archbishop of Canterbury, if he can be present, and such others as he may wish to bring with him for this purpose, and if he cannot be present the business shall nevertheless proceed without him, provided always that if any one or more of the aforesaid five and twenty barons are in a similar suit, they shall be removed as far as concerns this particular judgment, others being substituted in their places after having been selected by the rest of the same five and twenty for this purpose only, and after having been sworn. 56. If we have disseised or removed Welshmen from lands or liberties, or other things, without the legal judgment of their peers in England or in Wales, they shall be immediately restored to them; and if a dispute arise over this, then let it be decided in the marches by the judgment of their peers; for the tenements in England according to the law of England, for tenements in Wales according to the law of Wales, and for tenements in the marches according to the law of the marches. Welshmen shall do the same to us and ours. 57. Further, for all those possessions from which any Welshman has, without the lawful judgment of his peers, been disseised or removed by King Henry our father, or King Richard our brother, and which we retain in our hand (or which are possessed by others, and which we ought to warrant), we will have respite until the usual term of crusaders; excepting those things about which a plea has been raised or an inquest made by our order before we took the cross; but as soon as we return (or if perchance we desist from our expedition), we will immediately grant full justice in accordance with the laws of the Welsh and in relation to the foresaid regions. 58. We will immediately give up the son of Llywelyn and all the hostages of Wales, and the charters delivered to us as security for the peace. 59. We will do towards Alexander, king of Scots, concerning the return of his sisters and his hostages, & concerning his franchises, and his right, in the same manner as we shall do towards our owher barons of England, unless it ought to be otherwise according to the charters which we hold from William his father, formerly king of Scots; and this shall be according to the judgment of his peers in our court. 60. Moreover, all these aforesaid customs and liberties, the observances of which we have granted in our kingdom as far as pertains to us towards our men, shall be observed by all of our kingdom, as well clergy as laymen, as far as pertains to them towards their men.
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Historical Bills Bills of Rights 61. Since, moveover, for God and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, we have granted all these concessions, desirous that they should enjoy them in complete and firm endurance forever, we give and grant to them the underwritten security, namely, that the barons choose five and twenty barons of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted & confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security, and the offense be notified to four barons of the foresaid five and twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us. And let whoever in the country desires it, swear to obey the orders of the said five and twenty barons for the execution of all the aforesaid matters, and along with them, to molest us to the utmost of his power; and we publicly and freely grant leave to everyone who wishes to swear, and we shall never forbid anyone to swear. All those, moveover, in the land who of themselves and of their own accord are unwilling to swear to the twenty five to help them in constraining and molesting us, we shall by our command compel the same to swear to the effect foresaid. And if any one of the five and twenty barons shall have died or departed from the land, or be incapacitated in any other manner which would prevent the foresaid provisions being carried out, those of the said twenty five barons who are left shall choose another in his place according to their own judgment, and he shall be sworn in the same way as the others. Further, in all matters, the execution of which is entrusted, to these twenty five barons, if perchance these twenty five are present and disagree about anything, or if some of them, after being summoned, are unwilling or unable to be present, that which the majority of those present ordain or command shall be held as fixed and established, exactly as if the whole twenty five had concurred in this; and the said twenty five shall swear that they will faithfully observe all that is aforesaid, and cause it to be observed with all their might. And we shall procure nothing from anyone, directly or indirectly, whereby any part of these concessions and liberties might be revoked or diminished; and if any such things has been procured, let it be void and null, and we shall never use it personally or by another. 62. And all the will, hatreds, and bitterness that have arisen between us and our men, clergy and lay, from the date of the quarrel, we have completely remitted and pardoned to everyone. Moreover, all trespasses occasioned by the said quarrel, from Easter in the sixteenth year of our reign till the restoration of peace, we have fully remitted to all, both clergy and laymen, and completely forgiven, as far as pertains to us. And on this head, we have caused to be made for them letters testimonial patent of the lord Stephen, archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the bishops aforesaid, and of Master Pandulf as touching this security & the concessions aforesaid. 63. Wherefore we will and firmly order that the English Church be free, and that the men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, well and peaceably, freely and quietly, fully & wholly, for themselves and their heirs, of us and our heirs, in all respects and in all places forever, as is aforesaid. An oath, moreover, has been taken, as well on our part as on the art of the barons, that all these conditions aforesaid shall be kept in good faith and without evil intent. Given under our hand - the above named and many others being witnesses - in the meadow which is called Runnymede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth year of our reign.
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Historical Bills Bills of Rights Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 (GENEVA CONVENTION III) Entry into Force: 21 October 1950 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929 relative to the Treatment of Prisoners of War, have agreed as follows:
pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavor to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
PART I GENERAL PROVISIONS Article 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2 In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 4 A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias & members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict & operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws & customs of war. (3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labor units or of services responsible for the welfare of the armed forces, provided that they have received authorization, from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms & those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are & shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating & degrading treatment; (d) he passing of sentences & the carrying out of executions without previous judgment
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Historical Bills Bills of Rights (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment under any other provisions of international law. (6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. B. The following shall likewise be treated as prisoners of war under the present Convention: (1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong & which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment. (2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favorable treatment which these Powers may choose to give & with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or nonbelligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties. C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention.
the protection of the present Convention until such time as their status has been determined by a competent tribunal. ***
Article 7 Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. ***
PART II GENERAL PROTECTION OF PRISONERS OF WAR Article 12 Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them. Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with.
Article 13 Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited.
Article 5 The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy
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Article 14 Prisoners of war are entitled in all circumstances to respect for their persons & their honor. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favorable as that granted to men. Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires.
Article 15 The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health.
Article 18
Article 16
All effects and articles of personal use, except arms, horses, military equipment & military documents, shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong to their regulation military equipment. At no time should prisoners of war be without identity documents. The Detaining Power shall supply such documents to prisoners of war who possess none. Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war. Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount & particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner’s request, shall be placed to the credit of the prisoner’s account as provided in Article 64. The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply. Such objects, likewise sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity.
Taking into consideration the provisions of the present Convention relating to rank & sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.
PART III CAPTIVITY SECTION I BEGINNING OF CAPTIVITY Article 17 Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he willfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status. Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be
Article 19 19 of 63 Compiled by: D.O.T.S. 1/17/2013
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laws and regulations allowing or forbidding its own nationals to accept liberty on parole or promise. Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so notified, are bound on their personal honor scrupulously to fulfill, both towards the Power on which they depend and towards the Power which has captured them, the engagements of their paroles or promises. In such cases, the Power on which they depend is bound neither to require nor to accept from them any service incompatible with the parole or promise given.
Article 20 The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station. The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated. If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall be as brief as possible.
Article 22
INTERNMENT OF PRISONERS OF WAR
Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene & healthfulness. Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries. Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as soon as possible to a more favorable climate. The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separated from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with their consent.
CHAPTER I
Article 23
GENERAL OBSERVATIONS
No prisoner of war may at any time be sent to, or detained in areas where he may be exposed to the fire of the combat zone, nor may his presence be used to render certain points or areas immune from military operations. Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same extent as the local civilian population. With the exception of those engaged in the protection of their quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giving of the alarm. Any other protective measure taken in favor of the population shall also apply to them. Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of prisoner of war camps. Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time by the letters PW or PG, placed so as to be clearly visible from the air. The Powers concerned may, however, agree upon any other
SECTION II
Article 21 The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary. Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by the laws of the Power on which they depend. Such measures shall be taken particularly in cases where this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to accept liberty on parole or promise. Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the
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Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained. Uniforms of enemy armed forces captured by the Detaining Power should, if suitable for the climate, be made available to clothe prisoners of war. The regular replacement and repair of the above articles shall be assured by the Detaining Power. In addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of the work demands.
Article 24 Transit or screening camps of a permanent kind shall be fitted out under conditions similar to those described in the present Section, and the prisoners therein shall have the same treatment as in other camps.
CHAPTER II QUARTERS, FOOD & CLOTHING OF PRISONERS OF WAR Article 25
Article 28
Prisoners of war shall be quartered under conditions as favorable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for the habits and customs of the prisoners & shall in no case be prejudicial to their health. The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards both total surface & minimum cubic space, and the general installations, bedding and blankets. The premises provided for the use of prisoners of war individually or collectively, shall be entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire. In any camps in which women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them.
Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market prices. The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall be created for this purpose. The prisoners’ representative shall have the right to collaborate in the management of the canteen and of this fund. When a camp is closed down, the credit balance of the special fund shall be handed to an international welfare organization, to be employed for the benefit of prisoners of war of the same nationality as those who have contributed to the fund. In case of a general repatriation, such profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned.
Article 26
CHAPTER III
The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners. The Detaining Power shall supply prisoners of war who work with such additional rations as are necessary for the labor on which they are employed. Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be permitted. Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession. Adequate premises shall be provided for messing. Collective disciplinary measures affecting food are prohibited.
The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps & to prevent epidemics. Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. In any camps in which women prisoners of war are accommodated, separate conveniences shall be provided for them. Also, apart from the baths and showers with which the camps shall be furnished prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose.
Article 27
Article 30
HYGIENE AND MEDICAL ATTENTION Article 29
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CHAPTER V RELIGIOUS, INTELLECTUAL & PHYSICAL ACTIVITIES Article 34 Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate premises shall be provided where religious services may be held. ***
Article 38 While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment. Prisoners shall have opportunities for taking physical exercise, including sports & games, and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps.
CHAPTER VI DISCIPLINE Article 39 Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff & the guard and shall be responsible, under the direction of his government, for its application. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces. Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank.
Article 31 Medical inspections of prisoners of war shall be held at least once a month. They shall include the checking and the recording of the weight of each prisoner of war. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this purpose the most efficient methods available shall be employed, e.g. periodic mass miniature radiography for the early detection of tuberculosis.
Article 32 Prisoners of war who, though not attached to the medical service of their armed forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise their medical functions in the interests of prisoners of war dependent on the same Power. In that case they shall continue to be prisoners of war, but shall receive the same treatment as corresponding medical personnel retained by the Detaining Power. They shall be exempted from any other work under Article 49. ***
Article 40 The wearing of badges of rank & nationality, as well as of decorations, shall be permitted.
Article 41 In every camp the text of the present Convention and its Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners’ own language, in
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SECTION III LABOUR OF PRISONERS OF WAR Article 49 The Detaining Power may utilize the labor of prisoners of war who are physically fit, taking into account their age, sex, rank & physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work.
Article 42 The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances.
Article 50 Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes: (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts & crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78.
CHAPTER VII RANK OF PRISONERS OF WAR Article 43 Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and ranks of all the persons mentioned in Article 4 of the present Convention, in order to ensure equality of treatment between prisoners of equivalent rank. Titles and ranks which are subsequently created shall form the subject of similar communications. The Detaining Power shall recognize promotions in rank which have been accorded to prisoners of war and which have been duly notified by the Power on which these prisoners depend.
Article 44 Officers and prisoners of equivalent status shall be treated with the regard due to their rank and age. In order to ensure service in officers’ camps, other ranks of the same armed forces who, as far as possible, speak the same language, shall be assigned in sufficient numbers, account being taken of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to perform any other work. Supervision of the mess by the officers themselves shall be facilitated in every way.
Article 51 Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing & equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions. The Detaining Power, in utilizing the labor of prisoners of war, shall ensure that in areas in which such prisoners are employed, the national legislation concerning the protection of labor, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training & be provided with the means of protection suitable to the work they will have to do & similar to those accorded to the nationals of the Detaining Power.
Article 45 Prisoners of war other than officers & prisoners of equivalent status shall be treated with the regard due to their rank & age. Supervision of the mess by the prisoners themselves shall be facilitated in every way. ***
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incapable of working, he shall be permitted to appear before the medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom.
Article 52
Article 56
Unless he be a volunteer, no prisoner of war may be employed on labor which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labor which would be looked upon as humiliating for a member of the Detaining Power’s own forces. The removal of mines or similar devices shall be considered as dangerous labor.
The organization and administration of labor detachments shall be similar to those of prisoner of war camps. Every labor detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the commander of the said camp shall be responsible, under the direction of their government, for the observance of the provisions of the present Convention in labor detachments. The camp commander shall keep an up-to date record of the labor detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp.
Article 53 The duration of the daily labor of prisoners of war, including the time of the journey to and from, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed, in the middle of the day’s work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him. If methods of labor such as piece work are employed, the length of the working period shall not be rendered excessive thereby.
Article 57 The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war. Such prisoners of war shall have the right to remain in communication with the prisoners’ representatives in the camps on which they depend.
Article 54 The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or in consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123.
SECTION IV FINANCIAL RESOURCES OF PRISONERS OF WAR Article 58 Upon the outbreak of hostilities, & pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent. If prisoners of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall b~ made by
Article 55 The fitness of prisoners of war for work shall be periodically verified by medical examinations at least once a month. The examinations shall have particular regard to the nature of the work which prisoners of war are required to do. If any prisoner of war considers himself
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the prisoner himself or by the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect.
Article 61 The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention.
Article 59 Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present Section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts.
Article 62
Article 60
Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners’ representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners’ representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay.
The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be fixed by conversion, into the currency of the said Power, of the following amounts: Category I: Prisoners ranking below sergeants: eight Swiss francs. Category II: Sergeants and other noncommissioned officers, or prisoners of equivalent rank: twelve Swiss francs. Category III: Warrant officers & commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs. Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power’s armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power: (a) shall continue to credit the accounts of the prisoners with the amounts indicated in the first paragraph above; (b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces.
Article 63 Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively. Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority.
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Article 66 On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorized representative of the Detaining Power. Any of the above provisions of this Article may be varied by mutual agreement between any two Parties to the conflict. The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity.
Article 64 The Detaining Power shall hold an account for each prisoner of war, showing at least the following: (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him & converted at his request into the currency of the said Power. (2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph.
Article 67 Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the Power on which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities.
Article 68 Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose & particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining
Article 65 Every item entered in the account of a prisoner of war shall be countersigned or initialed by him, or by the prisoners’ representative acting on his behalf. Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp. When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts. The Parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war.
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Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures.
Detaining Power; they may not be delayed or retained for disciplinary reasons. Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war’s accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency. As a general rule, the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. Sacks containing prisoner of war mail must be securely sealed and labeled so as clearly to indicate their contents, and must be addressed to offices of destination.
Article 70
Article 72
Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or to another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner.
Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications. The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing & foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. ***
SECTION V RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR Article 69
Article 71 Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power’s inability to find sufficient qualified linguists to carry out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the
Article 76 The censoring of correspondence addressed to prisoners of war or dispatched by them shall be done as quickly as possible. Mail shall be censored only by the dispatching State and the receiving State, and once only by each.
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prisoners’ representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. These prisoners’ representatives shall be eligible for reelection. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognized as the camp prisoners’ representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not officers & shall be elected by them. Officer prisoners of war of the same nationality shall be stationed in labor camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners’ representatives under the first paragraph of this Article. In such a case the assistants to the prisoners’ representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In all cases the prisoners’ representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners’ representative, in accordance with the foregoing paragraphs.
SECTION VI RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES
CHAPTER I COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF CAPTIVITY Article 78 Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners’ representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, they may not give rise to any punishment. Prisoners’ representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers.
Article 80 Prisoners’ representatives shall further the physical, spiritual and intellectual wellbeing of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organization will be within the province of the prisoners’ representative, in addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners’ representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war.
CHAPTER II PRISONER OF WAR REPRESENTATIVES Article 79 In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies,
Article 81 Prisoners’ representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult.
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Historical Bills Bills of Rights Prisoners’ representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labor detachments, receipt of supplies, etc.). Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners’ representative. All facilities shall likewise be accorded to the prisoners’ representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and the bodies which give assistance to prisoners of war. Prisoners’ representatives of labor detachments shall enjoy the same facilities for communication with the prisoners’ representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefore shall be communicated to the Protecting Power.
authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures.
Article 84 A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defense provided for in Article 105.
Article 85 Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention.
Article 86 No prisoner of war may be punished more than once for the same act or on the same charge.
Article 87 Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, & that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing his badges.
CHAPTER III PENAL AND DISCIPLINARY SANCTIONS I. General Provisions Article 82 A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only.
Article 83
Article 88
In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent
Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than
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award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
Article 91 The escape of a prisoner of war shall be deemed to have succeeded when: (1) he has joined the armed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of the Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. Prisoners of war who have made good their escape in the sense of this Article and who are recaptured, shall not be liable to any punishment in respect of their previous escape.
II. Disciplinary Sanctions Article 89 The disciplinary punishments applicable to prisoners of war are the following: (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days. (2) Discontinuance of privileges granted over and above the treatment provided for by the present Convention. (3) Fatigue duties not exceeding two hours daily. (4) Confinement. The punishment referred to under (3) shall not be applied to officers. In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war.
Article 92 A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention.
Article 90 The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. The period between the pronouncing of an
Article 93 Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and
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open to inspection by representatives of the Protecting Power.
Article 97 Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29. Officers and persons of equivalent status shall not be lodged in the same quarters as noncommissioned officers or men. Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from male prisoners of war & shall be under the immediate supervision of women.
Article 94 If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defined in Article 122, provided notification of his escape has been made.
Article 95 A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order & discipline. Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline.
Article 98 A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits of the provisions of Articles 78 and 126. A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. Prisoners of war awarded disciplinary punishment shall be allowed to exercise & to stay in the open air at least two hours daily. They shall be allowed, on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the camp infirmary or to a hospital. They shall have permission to read & write, likewise to send and receive letters. Parcels and remittances of money however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners’ representative, who-will hand over to the infirmary the perishable goods contained in such parcels.
Article 96 Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners’ representative. A record of disciplinary punishments shall be maintained by the camp commander & shall be
III. Judicial Proceedings Article 99 No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed. No moral or physical coercion may be exerted on a prisoner of war in order to induce him to
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Article 104 In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. The said notification shall contain the following information: (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; (2) Place of internment or confinement; (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the court which will try the case, likewise the date and place fixed for the opening of the trial. The same communication shall be made by the Detaining Power to the prisoners’ representative. If no evidence is submitted, at the opening of a trial, that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners’ representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned.
Article 100 Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, & that he is in its power as the result of circumstances independent of his own will.
Article 101 If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107.
Article 102 A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed.
Article 105 The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defense by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defense. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defense. The advocate or counsel conducting the defense on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defense of the accused. He may, in particular, freely visit the accused & interview him in private. He may also confer with
Article 103 Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial.
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(3) notification, where applicable, of the establishment where the sentence will be served. The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power.
Article 108 Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive and dispatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph.
Article 106 Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.
Article 107
PART IV
Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoners’ representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: (1) the precise wording of the finding & sentence; (2) a summarized report of any preliminary investigation and of the trial, emphasizing in particular the elements of the prosecution and the defense;
TERMINATION OF CAPTIVITY SECTION I DIRECT REPATRIATION & ACCOMMODATION IN NEUTRAL COUNTRIES Article 109 Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the following Article. Throughout the duration of hostilities, Parties to the conflict shall endeavor, with the cooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied
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Article 115 No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment. Prisoners of war detained in connection with a judicial prosecution or conviction, & who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents. Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceedings or the completion of the punishment. ***
Article 110 The following shall be repatriated direct: (1) Incurably wounded and sick whose mental or physical fitness seems to have been gravely diminished. (2) Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished. (3) Wounded and sick who have recovered, but whose mental or physical fitness seems to have been gravely & permanently diminished. The following may be accommodated in a neutral country: (1) Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain & speedy recovery. (2) Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat. The conditions which prisoners of war accommodated in a neutral country must fulfill in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated: (1) Those whose state of health has deteriorated so as to fulfill the condition laid down for direct repatriation; (2) Those whose mental or physical powers remain, even after treatment, considerably impaired. If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Convention. ***
Article 117 No repatriated person may be employed on active military service.
SECTION II RELEASE AND REPATRIATION OF PRISONERS OF WAR AT THE CLOSE OF HOSTILITIES Article 118 Prisoners of war shall be released & repatriated without delay after the cessation of active hostilities. ***
SECTION III DEATH OF PRISONERS OF WAR Article 120 Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency. Death certificates, in the form annexed to the present Convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves. The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a view to confirming death and enabling a report to be made and, where
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necessary, establishing identity. The detaining authorities shall ensure that prisoners of war who have died in captivity are honorably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place. Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these
graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
Article 121 Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible.
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Historical Bills Bills of Rights ‘Bill of Rights’ Ratified September 25th, 1789
First Congress of the United States of America
Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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Historical Bills Bills of Rights Ratified December 10th, 1948
Universal Declaration of Human Rights (art. 1), adopted by General Assembly resolution 217 A (III)
No one shall be subjected to arbitrary arrest, detention or exile.
Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 3 Everyone has the right to life, liberty and security of person.
Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country.
Article 6 Everyone has the right to recognition everywhere as a person before the law.
Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 15
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Historical Bills Bills of Rights 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 16
Article 22
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.
Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.
Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19
Article 24
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 20 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association.
Article 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right to equal access to public service in his country.
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resulting from any scientific, literary or artistic production of which he is the author.
Article 26 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children.
Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests
Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
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Historical Bills Bills of Rights United Nations Declaration on the Rights of Indigenous Peoples Resolution adopted by the General Assembly [without reference to a Main Committee (A/61/L.67 and Add.1)] 61/295. United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Taking note of the recommendation of the Human Rights Council contained in its resolution 1/2 of 29 June 2006,1 by which the Council adopted the text of the United Nations Declaration on the Rights of Indigenous Peoples, Recalling its resolution 61/178 of 20 December 2006, by which it decided to defer consideration of and action on the Declaration to allow time for further consultations thereon, and also decided to conclude its consideration before the end of the sixty-first session of the General Assembly, Adopts the United Nations Declaration on the Rights of Indigenous Peoples as contained in the annex to the present resolution. 107th plenary meeting 13 September 2007
Annex United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfillment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, 1.See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. A. Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable & socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement & in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures & traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, as well as the Vienna Declaration and Programme of Action, affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status & freely pursue their economic, social and cultural development,
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Historical Bills Bills of Rights Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to selfdetermination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned, Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples, Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights & freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field, Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples, Recognizing that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration, Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect: Article 1 Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law. Article 2 Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity. Article 3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 4 Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or selfgovernment in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. Article 5 Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State. Article 6 Every indigenous individual has the right to a nationality. Article 7 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group. Article 8 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, & redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
Article 9
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Historical Bills Bills of Rights Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right. Article 10 Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior & informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return. Article 11 1. Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artifacts, designs, ceremonies, technologies and visual and performing arts and literature. 2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs. Article 12 1. Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. 2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned. Article 13 1. Indigenous peoples have the right to revitalize, use, develop & transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons. 2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means. Article 14 1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. 2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination. 3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language. Article 15 1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information. 2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society. Article 16 1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination. 2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity. Article 17 1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labor law. 2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual,
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Historical Bills Bills of Rights moral or social development, taking into account their special vulnerability and the importance of education for their empowerment. 3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labor and, inter alia, employment or salary. Article 18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision making institutions. Article 19 States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. Article 20 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. 2. Indigenous peoples deprived of their means of subsistence & development are entitled to just and fair redress. Article 21 1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children & persons with disabilities. Article 22 1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration. 2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination. Article 23 Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions. Article 24 1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services. 2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right. Article 25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. Article 26 1. Indigenous peoples have the right to the lands, territories & resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop & control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned. Article 27
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Historical Bills Bills of Rights States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open & transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize & adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. Article 28 1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. 2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress. Article 29 1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. 2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. 3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented. Article 30 1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. 2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities. Article 31 1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. 2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights. Article 32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact. Article 33 1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live. 2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures. Article 34 Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. Article 35
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Historical Bills Bills of Rights Indigenous peoples have the right to determine the responsibilities of individuals to their communities. Article 36 1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders. 2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right. Article 37 1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements. 2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements. Article 38 States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration. Article 39 Indigenous peoples have the right to have access to financial & technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration. Article 40 Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts & disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned & international human rights. Article 41 The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established. Article 42 The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration. Article 43 The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world. Article 44 All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals. Article 45 Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future. Article 46 1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States. 2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society. 3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance & good faith.
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Unveiled March 22nd, 1980
Message of the Georgia Guide-Stones “Let these be guidestones to an Age of Reason”
1. Maintain humanity under 500,000,000 in perpetual balance with nature. 2. Guide reproduction wisely – improving fitness and diversity. 3. Unite humanity with a living new language. 4. Rule passion – faith - tradition and all things with tempered reason. 5. Protect people and nations with fair laws and just courts. 6. Let all nations rule internally resolving external disputes in a world court. 7. Avoid petty laws and useless officials. 8. Balance personal rights with social duties. 9. Prize truth – beauty – love – seeking harmony with the infinite. 10. Be not a cancer on the earth – Leave room for nature – Leave room for nature.
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Historical Bills Bills of Rights The Constitution of a Free Society (The Illuminati Constitution)
We the people of The Illuminati Order, in order to form a more perfect society, establish justice, insure domestic tranquility, provide for the defense of the individual and individual rights, promote the welfare of the individual and secure the blessings of liberty to ourselves and our posterity and future generations, do ordain and establish this Constitution for the Free Society of the World. Each nation shall be annexed/assimilated into the World Federation, as a state, at all costs. Each state shall retain its existing borders.
Article 1a. The Declaration of Individual Rights • Each individual has natural born rights, which no other person, entity or government of any kind may infringe. The respect and loyalty to these rights is the moral standard of the rational and just human beings. The natural rights of the individual are: o The right to life. o The right to the pursuit of happiness, without violating the rights of another individual. o The right to own property, intellectual and/or tangible. o The right to perform any action needed to ensure preservation/ending of the life of the self without damaging the environment of the planet. The environment belongs to all and endangering it violates the individual rights of others. o The right to earn a living through one’s own efforts, mental, physical or both. o The right to live his/her life any way he/she likes without causing physical harm to another individual, directly or indirectly. o The right to defend his/her life and property and family. o The rights to have children, ONLY if he/she can guarantee food, shelter, clothing, safety and education for such and provide for any and all medical needs of such. o The right to conduct business with others based on mutual and/or contractual agreement. o The right to privacy in all forms. Article 1b The Government Its Nature and Its Purpose Section 1. The government is the institution responsible for the protection of the individual rights, and only the government holds exclusive power to enforce certain rules of social conduct on planet earth, and any area/planet annexed by the Federation. Civilized, rational humans/beings, in order to be able to use their basic tools such as the mind as their basic tool of gaining knowledge to guide their actions in order to maintain the freedom; to think and to act according to one’s own rational judgment, need the institution of government. Section 2. An individual’s right can only be violated by the use of physical force of sorts. For this reason, government has a monopoly on the use of retaliatory use of force, and the punishment of criminals. Section 3. It is only to secure the protection of the individual from the use of violence by another that government is needed. Section 4. The only source of authority of the government is the consent of the governed. This simply means that the government is not the ruler, but the servant of the governed. Article 2 47 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 1. All legislative powers herein granted shall be vested in a Congress of the World Federation, which shall consist of a Senate in each state, a Federal Senate and Federal House of Representatives and Chamber of Presidents. The Senate of one state and Federal House of Representatives shall be the Congress for that state, which shall deal with issues related to the concerns of that state.. The same applies to every other state within the Federation. The Federal Senate and Federal House of Representatives shall be the Congress of the Federation, which shall deal with Federal wide issues. Section 2. The House of Representatives shall be composed of one person from each state, chosen every four years by the people of the each state. In the event that an even number of persons preside in the House, the Chief Justice shall be the tiebreaker. Section 3. No person shall be a Representative who shall not have attained to the age of thirty five years, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen, and all representatives and senators shall posses a degree in one of the accepted advanced sciences. Section 4. When vacancies happen in the Representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment. Section 5a. The Senate of each State shall be composed of 71 Senators chosen by a democratic vote of the residents of the respective state whom are college professors and schoolteacher of accepted schools, for six years; and each Senator shall have one vote. Section 5b. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. Section 6. No person shall be a Senator who shall not have attained to the age of thirty years, and all senators must posses a degree in one of the advanced sciences and must be, when elected, an inhabitant of that state for which he shall be chosen for no less than seven years. Section 7. The Senate shall choose their other officers, and also a President and the President of the State shall be a tiebreaker. Section 8. The Senate shall have the sole power to try all impeachment of all and any official within the Senate and above, state or federal. When sitting for that purpose, they shall be on oath or affirmation. Section 9. When the President of the State is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present. Section 10. Judgment in cases of impeachment shall not extend further than to removal from office and imprisonment of more than seven years, and disqualification to hold and enjoy any office of honor, trust or profit under the State and/or Federation: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. Section 11. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Chamber of Presidents may at any time by law make or alter such regulations, except as to the places of choosing Senators. Section 12. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in January, unless they shall by law appoint a different day. Section 13. Each House shall be the judge of the elections, returns and qualifications of its own members, and a two thirds majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the 48 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights attendance of absent members, in such manner, and under such penalties as each House may provide. Section 14. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member. Section 15. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal. Section 16. Neither House, during the session of Congress, shall, without the consent of the others, adjourn for more than three days, nor to any other place than that in which the two lower Houses shall be sitting. Section 17. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Federation. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. Section 18. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Federation, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the Federation, shall be a member of either House during his continuance in office. Section 19. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills. Section 20. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the State, who is to present it for a vote in the Chamber of Presidents; if it is approved the Chairman/President of the Chamber shall sign it, but if not he shall return it, with the objections of the Chamber members to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. Section 21. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively and made public. Section 22. If any bill shall not be returned by the Chamber of Presidents within 30 days after it shall have been presented to it, the same shall be a law, in like manner as if it had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Section 23. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the Chamber of Presidents; and before the same shall take effect, shall be approved by it, or being disapproved by it, shall be reinstated by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Section 24. The Congress shall have power to lay and collect 30% income taxes or less, to pay the debts and provide for the common defense and general welfare of the 49 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Government and Federation; but all duties, imposts and excises shall be uniform throughout the Federation and shall never exceed 30% total; • To borrow money on the credit of the Federation; • To regulate commerce with foreign states which are not part of the Federation, but without infringing on the business of the individual citizens of the federation. • To establish a uniform rule of naturalization, and uniform and objective laws on the subject of bankruptcies throughout the Federation; • To coin money, establish the value thereof permanently, and of foreign coin, and fix the standard of weights and measures; • To provide for the punishment of counterfeiting the securities and current coin of the Federation; • To promote science and the arts, by securing for limited times, no less than 40 years, to authors and inventors the exclusive right to their respective writings and discoveries; • To constitute tribunals inferior to the Supreme Court; • To define and punish piracies and felonies committed on the high seas or in space, and offenses against the law of the Federation; • To grant letters of marque and reprisal, and make rules concerning captures on land, air, space and water; • To provide for calling forth the federal police/militia to execute the laws of the Federation, suppress insurrections. • To provide for organizing, arming, and disciplining, the police and militia, and for governing such part of them as may be employed in the service of the Federation, reserving to the states respectively, the appointment of the officers, and the authority of training the police and militia according to the discipline prescribed by Congress; • To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Chamber of Presidents, become the seat of the government of the Federation, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, space stations and other needful buildings;--And • To make all objective laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the World Federation, or in any department or officer thereof. Section 25. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. • No bill of attainder or ex post facto Law shall be passed. • No other direct/indirect, tax shall be laid aside from the 30%, unless the planet/Federation is in immediate danger, and in such case any extra tax shall be temporary to cover the costs of the emergency needs only. • No tax or duty shall be laid on articles exported/imported from any state/planet belonging to the federation. • No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another. 50 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time. • No title of nobility shall be granted by the Federation: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present/gift, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state or private business or citizen. Section 26. • No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. • No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the Federation; and all such laws shall be subject to the revision and control of the Congress and Chamber of Presidents. • No state shall, without the consent of Congress and Chamber of Presidents, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. Article 3 Section 1. The executive power shall be vested in a Chamber of Presidents of the World Federation. It shall have the power; • To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; • To provide and maintain a navy, space and planetary defense; • To make rules for the government and regulation of the land, space, air and naval forces; Each state shall appoint, in such manner as the Legislature thereof may direct a president of the state; to function, as the executive of the state in the Chamber of Presidents of the World Federation. Section 2. Only College and/or University professors qualify for such office and theology professors are disqualified by default and state presidents must be elected by a majority vote of the population of its respective state. The person having the greatest number of votes shall be the President of the State, if two or more candidates have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President. Section 3. The Congress may determine the time of choosing the elections, and the day shall be the same throughout the Federation. Section 4. No person except a natural born citizen, or a citizen of the Federation, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of forty five years, and been 10 years professor at college/university level, of one of the accepted professional recognized faculty. •
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Historical Bills Bills of Rights Section 5. In case of the removal of State President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. Section 6. The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument or gifts from the Federation, or any other source. Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of State President of the [STATE], and will to the best of my ability, preserve, protect and defend the Constitution of the World Federation and the individual rights of all." Section 7. The Chairman/President of the Chamber of Presidents shall be commander in chief of the Army and Navy of the Federation, and of the militia of the states, when called into the actual service of the Federation; he may require the opinion, in writing, of the Presidents of States and officers in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the Federation, except in cases of impeachment. He shall have power, by and with the advice and consent of the Chamber of Presidents, to make treaties, provided two thirds of the Presidents concur; and he shall nominate, and by and with the advice and consent of the Chamber of Presidents, shall appoint ambassadors, other public ministers and consuls, and all other officers of the Federation, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the Presidents alone, in the courts of law, or in the heads of departments. Section 8. The Chairman/President of the Chamber of Presidents shall from time to time give to the Congress information of the state of the Federation-union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both lower Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers in the presence of the Chamber of Presidents; he shall take care that the laws be faithfully executed and the constitution is not violated by such, and shall commission all the officers of the Federation with the approval of the Chamber of Presidents by a simple majority. Section 9. Any and all civil officers of the Federation shall be removed from office on impeachment for, and conviction of, treason, bribery, perjury or other high crimes and misdemeanors. Article 4 Section 1. The judicial power of the Federation shall be vested in One Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. 52 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 2. The Supreme Court shall be comprised of 13 Judges in each state and one chief Judge shall preside over a panel of 13 judges whom shall oversee and preside over the functions of the Supreme Court as follows; Chief Judge; Thirteen Supreme Court judges to act as overseers of the Supreme Court and its functions Thirteen Supreme court Judges in each state to act as the Supreme Court of the state and Federation. Section 3. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the World Federation States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the Federation shall be a party;--to controversies between two or more states;--between a state and citizens of another state;-- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. Section 4. Treason against the Federation shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. Section 5. Teachers and college professors only shall elect the Supreme Court justices. The Supreme Court in any state may veto/overturn any law on constitutional grounds, any law which violates individual rights as stated in The Declaration of Individual Rights. Section 6. A Special session in which all Supreme Court justices attend can be summoned by the Chief Justice to modify this Constitution, and a two-thirds majority is required for such as well as a small majority of the general population. Article 5 Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof. Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in any other. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. 53 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 3. New states may be admitted/annexed by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress and Chamber of Presidents. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the Federation Government; and nothing in this Constitution shall be so construed as to prejudice any claims of the Federation, or of any particular state. Section 4. The World Federation shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. Section 5. Any government property, which is not needed or utilized, must be sold by lottery to all interested parties for no more than one dollar per acre. Government may not forcefully purchase/confiscate the property of any federation citizen(s). ALL lands within the Federation, aside from that needed for the function of government, must be privately owned. Congress shall sell all existing or future acquired lands to the public by lottery, for no more than one dollar per acre. Section 6. No aid of any kind may be given, or loans of any kind may be granted to any entity, nation or foreign government, which is not part of the World Federation under any circumstances. Article 6 The Congress, whenever two thirds of both upper houses shall deem it necessary, shall propose amendments to this Constitution, or, at the request of two thirds of the Chamber of Presidents, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Supreme Court, be proposed by the Congress. Article 7 Section 1. All debts contracted and engagements entered into, before the adoption of this Constitution, shall be valid against the World Federation under this Constitution. This Constitution, and the laws of the World Federation which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the World Federation , shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Section 2. The Senators and Representatives before mentioned, and all executive and judicial officers, both of the World Federation, shall be bound by oath or affirmation, to support and protect this Constitution; but no religious person shall ever be permitted to speak publicly of any religious dogma/doctrines, or use any religious language while holding any office or public trust under the World Federation. Article 8 Government shall exercise absolute separation between state/government and religion but shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Article 9 54 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 1. A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed in any way. Section 2. Citizens may not use their arms for the use of physical force, even in self defense/self-protection, except during the types of emergencies that require action at once, before the police can be summoned. Section 3. The militia, when called upon to service, are every citizen wishing to participate, and the police. Section 4. A person, whom has been convicted of a serious violent crime, with a deadly weapon, does not have the right to bare arms of any kind, as he/she had forfeited his/her right by default. Article 10 No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law and consent of the property owner(s). Article 11 The right of the people to be secure in their persons, houses, papers, and effects, against ALL unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon VERY objective probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized and only in cases of most serious crimes shall such be permitted. Article 12 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation; nor shall any person be arrested unless the evidence is objectively conclusive in nature, and the related crime accused of is very serious. Article 13 Section 1. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial objective jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by objective law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of government/private counsel for his defense. Section 2. A jury must consist of persons whom have obtained and completed a college education and are versed in Objectivism. Furthermore, in the case of an atheist, agnostic, or secularist being the defendant, he/she may request and has a right to have a jury composed of such as sharing his/her beliefs. No religious persons of any kind may sit on a jury when an Atheist, Agnostic, None-theist, or Freethinker is the defendant(s). No person whom had a major legal dispute with a defendant in question, may sit on the jury. No theist Judge shall preside over such a case, as related to none-theists Article 14 In suits at common law, where the value in controversy shall exceed 3,000 dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise 55 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights reexamined in any court of the World Federation, than according to the rules of the common law. Article 15 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Article 16 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the each individual. Article 17 The powers not delegated to the World Federation (Federal Government) by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, and/or to the people. States and lower governments may not impose any taxes or fees of any kind, with the exception of a lottery per state. Article 18 Citizens of any foreign state shall not construe the judicial power of the World Federation to extend to any suit in law or equity, commenced or prosecuted against one of the World Federation by citizens of another state. Article 19 The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the World Federation, directed to the President of the Senate;-The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--the person having the greatest number of votes for President, shall be the President its respective state, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives/Chief Justice shall choose immediately, by ballot, the President. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of any State of Federation Chairman. Article 20 Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the World Federation, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. 56 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 3. All prisons where criminals will serve the term of their punishment must be privatized and the prison owner(s) may put the criminals to work for profit. Article 21 Section 1. All persons born or naturalized in the World Federation , and subject to the jurisdiction thereof, are citizens of the World Federation and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the World Federation; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. All persons of the age of 18 or older, or any person who works and pays taxes for at least 6 months, has a right to vote in elections accordingly, for any official mentioned in this Constitution. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the World Federation, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the World Federation, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the World Federation, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability on a case by case basis. Section 4. The validity of the public debt of the World Federation, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the World Federation nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the World Federation/Federation State; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Article 22 Section 1. The right of citizens of the World Federation to vote shall not be denied or abridged by the World Federation or by any state on account of race, color, gender or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate objective legislation. Article 23 The Congress shall have power to lay and collect 30% taxes on incomes, from all employed citizens, without apportionment among the states, and without regard to any census of enumeration. Article 24 The Senate of the World Federation shall be composed of 71 Senators from each state, elected by the people thereof, for seven years; and each Senator shall have one vote. When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. Article 25 57 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights The right of citizens of the World Federation to vote in any of the government bodies shall not be denied or abridged by the World Federation or by any state on account of gender. Congress shall have power to enforce this article by appropriate legislation. Article 26 Section 1. The terms of the Presidents and Vice Presidents shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, at the end of their terms of office respectively. Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they shall by law appoint a different day. Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President of the State to serve in the Chamber of Presidents, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senates may choose a Vice President whenever the right of choice shall have devolved upon them. Article 27 No person shall be elected to the office of the President more than three times, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. Article 28 Section 1. The right of qualified citizens of the World Federation to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the World Federation or any state by reason of failure to pay any poll tax or other tax. Section 2. Persons whom have been unemployed for a period of 13 months or more, or have not paid any tax in more than 7 years do not have a right to vote. However, in the case of the unemployed, the rights to vote shall be restored after 3 consecutive years of employment. Section 3. Persons whom fail to vote at least 2 times every seven years, (unless health does not permit) in any of the state and federal elections shall loose their right to vote permanently. Section 4. The Congress shall have power to enforce this article by appropriate legislation. Article 29 Section 1. In case of the removal of the President from office or of his death or resignation, the Vice-President shall become President. 58 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both the Senates, State and Federal. Section 3. Whenever a President or the Chairman of the Chamber of Presidents transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President/Chairman as Acting President. Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or Presidents or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. Article 30 Section 1. The right of citizens of the World Federation, who are 18 years of age or older, or regular tax payers, to vote, shall not be denied or abridged by the World Federation or any state on account of age. Section 2. The Congress shall have the power to enforce this article by appropriate legislation. Article 31 No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened. Article 32 Section 1. The Federal government may operate a lottery as follows if it so chooses: a. Names instead of numbers shall be drawn once per week. b. No less that 100 names shall be selected as winners. c. 50% of all lottery income shall be assigned for the Jackpot, which shall be divided equally between all winners whose names were drawn. Section 2. Each State can, if it chooses to, run a lottery as well. Section 3. Each Space Agency, such as NASA may run their own lottery for raising additional funds. Section 4. Each City may also run its own lottery. Section 5. All lotteries must abide by the lottery rules in Section 1. 59 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 6. Lottery winnings may not be taxed, since the money was already taxed once already when the individual earned the income. Regardless, no lottery winnings may ever be taxed. Section 7. All lotteries must provide full documentation/disclosure on their operations, and may not have more than one drawing per week each. Section 8. Any citizen whom buys a ticket must have submitted their name to the lottery. Section 9. The Lottery system must be computerized, all moneys received must be made public knowledge in real time, on an internet, television, radio and the outside of the building from which the lottery operates. Section 10. All moneys must be paid to the winners within 3 days of the drawing. Section 11. The names of all winners shall be made public, but not their home address. Section 12. The winners of the lottery shall be given police protection until they secure their winnings in a bank account, and make a relocation of their residence for their safety, which may not exceed 30 days, and the winners may refuse protection at their own risk. Section 13. Persons employed by the lottery agency do not qualify as winners/participants in the lottery, nor their families. Section 14. The Lottery should provide credit-card type cards and system for participating in the lottery instead of paper tickets. Section 15. The Lottery shall allow for automatic entry, by means of withdrawing money from a person’s pay check/credit-card, if a citizen wishes to do so. Section 16. A person may, if one chooses to, pre pay for the drawing of each week in advance, for a full year. Section 17. In the event that a winner dies before collecting the winnings, the money will be awarded to the closest relative, unless the winner had indicated a beneficiary when buying the tickets. Section 18. Each ticket shall cost no less than $5 US. Section 19. In the event that a winner dies, and does not have any family or relatives, or a beneficiary, the money shall be donated to the Jackpot for the following week, which shall be added to the Jackpot 100%. Section 20. Only federation citizens may participate in the federation lotteries, and citizens may participate in any/and/or all lotteries. Article 33 Section 1. Each state may operate an independent Space agency, for the purpose of military needs and research; the protection of the planet; advancement of science. Section 2. Any citizen may operate a Space Agency for its own purposes; as long as it does not endanger the planet, or the property of others. Section 3. The Federal government may operate an independent Space Agency. Section 4. All government contracts to be awarded to the public sector for any reason, shall be by lottery/ballot format, in which the individual or company name is selected from a lottery, after the applicant has shown reasonable proof that it can provide the services or goods required. Article 34 Section 1. The Federal Government shall give to each State 20% of the 30% taxes collected from the respective state, without any preconditions. Section 2. All state governmental agencies and lower governments shall be funded from the 20% tax. 60 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 3. No county, city, or town governments may charge any fees, or impose any form of taxes on anyone, nor charge any fees for documents or services. Section 4. Aside from the 30% tax, no form of taxes or fees may be collected by any part of the government. Section 5. Under no circumstances shall any property be taxed. Section 6. All government bodies, and government itself must be efficient and effective. Section 7. All employers shall withdraw the 30% income tax automatically from each paycheck of each employee, and 30% tax from its own profits, each week, and transfer it to the Treasury of the Federation within 3 days, or otherwise as prescribed by law. Section 8. Property of any kind may not be confiscated for the purpose of collecting taxes, nor can the government use any force/coercion to collect taxes. Section 9. Persons whom refuse to pay taxes, shall be given the option to leave the federation lands/space/planet, or may not enjoy the protection of the government, or the use of any services of the government, including public roads and shall loose federation citizenship permanently etc. etc. Article 35 Section 1. Government shall provide a cash-less system as an alternative/option to currency for the citizens. Section 2. Government shall provide an electronic system for voting, and provide each employer with electronic devices, which can be used by employees to vote on all elections and laws, and for the schools, at the expense of the employer, with the employer’s consent. Section 3. Government shall allow the private sector to provide devices for sale, to be used for voting from home via Internet, or other media forms, in real time. Section 4. When a law is about to be submitted to congress, all citizens shall have the opportunity to vote for or in favor/against of the law in question, just so that the government and the public know where people stand on issues. Section 5. When electronic votes are cast, for the purpose of electing public officials the votes are binding; when for a law, the votes are for information and educational purposes only. Article 36 Section 1. All laws passed must be written in crystal clear common language, so that any high school graduate can understand the implication fully. Section 2. All laws. Citizens shall be fully informed of any and all laws, and shall have access to such. Section 3. All law must be logical and objective and may not contradict this constitution even remotely. Section 4. All public officials and legislators must posses deep knowledge of Objectivism, logic and rationality. Section 5. All law must be clearly defined, so that nothing is left to interpretation. Section 6. No person, in any branch of government is permitted to interpret any law. Section 7. The clear definition of each law, and its meaning must be grasped and taken from the statement of the law itself, so that citizens are not reduced to guessing, or attempt to enter the minds of the legislators. Section 8. All nonobjective element must be excluded from laws and legislative process. Nonobjective laws contradict and defy the whole reason humans need a government. Section 9. All legislators and government employees must know that each individual is sovereign in and of oneself. 61 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 10. All legislators and government employees must read and understand and use as a guide the book: ISBN 0-452-01101-9 by Leonard Peikoff, and all books written by our former spoke person, her majesty-Ayn Rand. Article 37 Section 1. Government is a necessary evil, in order to maintain civilized and enlightened society, until such time as evolution permits otherwise. Section 2. The power of force is a power of destruction, and government must use this power only for the destruction of destruction. Article 38 Section 1. The State may not intervene in the intellectual life of citizens. Section 2. The State may not intervene in the moral life of citizens. Article 39 The government does not have a standard to uphold, or the right to invent/create one. Section 1. The State may not intervene in education, or schools. Section 2. The State may not intervene in literature. Section 3. The State may not intervene in or infringe upon science or its advancements. Section 4. The State may not intervene in the sex life of adults, whom voluntarily practice and or explore sex with other consenting adults. Section 5. The State may not intervene in philosophy. Article 40 Section 1. The State may not intervene in the realm of production and trade. Section 2. The State may not provide humans any economic standards or benefits, weather in regards to goods, services, or conditions of trade, in any way. Section 3. Politicians, and Government may have nothing to do with, distribution, production, manage, or regulate schools, hospitals, utilities, roads, parks, post offices, railroads, steel mills, banks etc. etc. Section 4. Government may not hand out subsidies, franchises, tariff protection, social insurance, minimum-living standards, minimum-wage laws for workers, parity laws for farmers, insider-trading laws for investors, fair-price laws for consumers, etc. etc. Section 5. The state shall maintain absolute separation of itself and the economy, and the private sector. Article 41 Section 1. Government may not demand that any man or woman serve in the military or police force, against their own judgement. Section 2. Government may not finance its activities by seizing property without the consent of the owner(s). Section 3. This constitution recognizes that only individual citizens have rights, but the government does not. Section 4. This constitution’s purpose is strictly to protect the individual from tyrants such as governments, and any mob. Section 5. The only minority this constitution recognizes is the individual. Section 6. This constitution is designed to thwart the lust for power by any aspiring dictator, and any momentary corrupt passion on the part of a group regardless of its size. Section 7. This Constitution is to establish and recognize a nation/The World Federation as a republic with its government strictly restricted to the protection of individual rights. 62 of 63 Compiled by: D.O.T.S. 1/17/2013
Historical Bills Bills of Rights Section 8. Such a republic, can be considered an absolute-democracy, in that all individuals have the same absolute rights, and as being such, majority rule applies ONLY for the selection of public officials. Section 9. The sole source of power of the government is the consent of the governed, and as such, the government is an agent and servant of its citizens. Section 10. The citizens do not have the right to delegate any powers to the government which they do not posses, nor can a majority rule invent or create any additional rights, aside from those birth rights prescribed/defined in The Declaration of Individual Rights. Section 11. The Declaration of Individual Rights is the supreme law of the land, and this Constitution as a hole is Supreme second only to Declaration of Individual Rights, and no law may ever abolish The Declaration of Individual Rights, nor provide for anything contrary to The Declaration of Individual Rights, in any way shape or form. Section 12. The source of Government’s power is rational consent, based on objective principle, and the Objectivism philosophy, and not arbitrary consent in any way shape or form. Article 42 Section 1. In the event that a non-federation state or nation, desires to join the federation, all laws of that state become void, and this Constitution and the laws of the Federation are valid, immediately upon acceptance into the World Federation, permanently. Section 2. The World Federation, and/or any independent nation/state, which has adopted this Constitution, may annex/take over any other nation, which suppresses and violates the rights of its individual citizens, if it so desires. Section 3. A free nation or Federation has a moral right to invade and take over an oppressive government, under Section 2 of this article. Section 4. Congress has the power to enforce this article like all others, and to provide for the transition rules of a none-federation state being brought into the federation. Article 43 Section 1. At any time in the near future, and upon the formation of a sizable World Federation, the Federal Space Agency shall construct a fortress in space, for the preservation of mankind, in the event of an unavoidable planetary disaster. Section 2. The space fortress shall house volunteers of fertile and healthy males and females, 3 pairs from all types of humans. Section 3. The fortress shall be well equipped to provide for the preservation of life for as many years as humanly possible, based on the potential danger the planet may face. Article 44 Section 1. In the event the armed forces are to be used for war, the Executive branch shall provide the objectives, and there after shall not tie the hands of the armed forces from achieving the objectives. Section 2. The head(s) of the armed forces shall have sole power of decision in case of war, and politicians may not intervene until the war is won, or the Chairman of the Chamber of Presidents declares that the war is over. Article 45 Section 1. This Constitution and The Illuminati Order recognize no race, nationality or ethnicity of any kind, aside from "human" as valid, of all the humans on planet earth. Section 2. This Constitution and The Illuminati Order respects and honors the scientific and technological achievements of man kind, and respects all rational, logical and objective human beings, and demands that all future Illuminati holds such in the same regards. 63 of 63 Compiled by: D.O.T.S. 1/17/2013