| recommend the creation of an International territorial court (ITC), which will be
binding to all member nations, (also includes the permanent members of the
UNSC). The creation of this courts of utmost necessity, considering the current
political climate, concerning Ukraine and Russia.
In addition to the ITC being a working and functional court, it will have access to
forces comprising of voluntary soilders or members of the UN peace-keeping
forces.
The Statute of The International Territorial Court:
Preamble
Having been established under the principles of International law, this
International Territorial Court will be established to resolve territorial disputes and
other problems related to said disputes and shall function under the provisions of
the present Statute:
Article1
Competence of the Court, and mandate
1. The Court shall have the power to prosecute persons who bear responsibility
for serious violations of international law, considering, those leaders who, in
committing such crimes, have threatened the establishment of and
implementation of peace in the jurisdiction of the same,
2. Inthe event the sending State is unwilling or unable to carry out an
investigation or prosecution, the Court may if authorized by a 2/3rds
majority vote of the UNSC on the proposal of any State, exercise jurisdiction
cover such persons,
3. The Court will be deemed competent to tryall crimes defined under Article 3
of this statute till the attaining of judicial/ legal stability within the country
being tried for the territorial dispute at hand;
Article 2
Crimes against humanity and violation of human rights laws
The court shall have the power to prosecute persons who committed the following
crimes as part of a systematic attack ona large population or selectively depending
on the magnitude as well as adversity of the said crimes:
1. Disregard for the sovereignty of astate,
2. Murder,3. Enslavement,
4, Forced Deportation,
5. False Imprisonment,
6. Persecution on political, racial, ethnic, or religious grounds,
7. Financial deprivals and annihilation of essential resource access toa said
population mass
8. Other inhumane acts as provided by the geneva convention;
Article3
the court shall have the power to prosecute persons, who committed or ordered
the commission of serious violations of Article 3 common to the Geneva
Conventions and of Additional Protocol II, These violations shall include:
1. Disregarding the provisions of Jus in Bello and Jus Ad Bellum, should the
territorial dispute move to war.
2. Violence to life, health, and physical or mental well-being of persons, in
particular murder as well as cruel treatment such as torture, mutilation, or
any form of corporal punishment,
3. Collective punishments,
4, Taking of hostages,
5. Acts of extremism,
6. Outrages upon personal dignity, in particular humiliating and degrading
treatment, rape, enforced prostitution, and any form of indecent assault,
7. Extrajudicial killing,
8. Threats to commit any of the foregoing acts;
Article 4
Criminal responsibility
1. Aperson who planned, instigated, ordered, committed, or otherwise aided
and abetted in the planning, preparation, or execution of acrime, in the
present Statute, shall be individually responsible for the crime,
2. The official position of any accused persons, whether as Head of State or
Government or as responsible government official, shall not relieve such
person of criminal responsibility nor mitigate punishment,
3. The fact that any of the acts of the present Statute was committed bya
subordinate does not relieve his or her superiors of criminal responsibility in
the application of due vicarious liabilitArticle 5
Organization of the Court
The Court shall consist of the following organs:
1. The Rooms, comprising one or more Trial Rooms and an Appeals Room,
alongwith eight judges,
2. The Trial Rooms shall consist of five of eight independent judges, of which
three shall be appointed by the Secretary-General of the United Nations and
two others by the relevant parties to the agreements,
3. The Appeals Room shall consist of the remaining aforementioned eight
judges, who shall be appointed by the (XYZ),
4, Judges, prosecutors, investigators, and the registrar of the Court shall be
persons who demonstrate expertise in criminal law, as well as international
law, with specific references to humanitarian law,
5. The judges of the court shall elect a President of the Court for a term of 5
years, who cannot be re-elected;
Article 9
Prosecutor
1, The Prosecutor shall be responsible for the investigation and prosecution of
persons who bear the greatest responsibility for serious violations of
international human rights law and crimes under domestic law committed
in the period of crisis,
2. The Office of the Prosecutor shall have the power to question suspects,
victims, and witnesses, to collect evidence, and to conduct investigations, in
carrying out these tasks,
3. The Prosecutor shall be appointed by the President of the Constituent
Assembly,
4, The Prosecutor shall be assisted by a Deputy Prosecutor, and international
staff as may be required,
Article 10
Judgment
The judgment shall be rendered bya unanimous verdict of the judges, It shall be
accompanied by a reasoned opinion in writing, to which separate or dissenting
opinions may be appended;At le11
Penalties
1. The Trial Room shall impose upon a convict, imprisonment for a specified
number of years,
2. Inimposing the sentences, the Trial Room should take into account such
factors as the gravity of the offense and the individual circumstances of the
convicted person,
3. Inaddition to imprisonment, the Trial Room may order the forfeiture of the
property and any assets acquired unlawfully, and their return to their
rightful owner,
4. The court may order the forfeiture of property proceeds and assets
unlawfully obtained or by criminal conduct under the Anton Pillar and
Mareva injunction and the right to return to the rightful owner.
Annual Report
The Court shall submit an annual report on the operation and activities to the
Secretary-General.
In conclusion, the establishment of this court is paramount, considering the
current political climate. Whether it be the Ukraine-Russian crisis or the
Israel-Palestine conflict, there will always be a need to mitigate territorial
disputes.
To solve any problem involving disparity of power, it is important to allow the
formation of an even bigger non-discriminatory power, to act as the mediator.