Constitutional Charter of the inter-governmental organization (IGO) Ignita Veritas United (IVU), as a union of Member States in diplomatic relations, as a sovereign subject of international law.
About Ignita Veritas United
Ignita Veritas United (IVU) is an inter-governmental organization (IGO) advancing human rights. It features Ignita Veritas University (IV University) - among only 5 universities in the world with diplomatic status, Magna Carta Bar Chambers (MCBC) - an international law firm of Barristers as the university law center, and Sovereign Court of International Justice (SCIJ) - operated by the independent Judiciary profession.
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Sovereign Charter
of the
Intergovernmental Organization (IGO)
Ignita Veritas United
“IVU”
Revised Consolidated Charter of 09 June 2023
Issued by the Directorate General
© 2016, 2023 Ignita Veritas United (IVU). All International Rights Reserved.
The present work is established by proprietary research. The 1979 “Berne Convention” fully protects
academic research (Art. 2.1) including selection and arrangement of research (Art. 2.5) and prohibits
unauthorized derivative works (Art. 2.3) or adaptations of research (Art. 12). All unauthorized republication
or distribution including online is illegal (Art. 9). “Fair Use” does not permit infringement for unfair
competition by another governmental or non-profit organization (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
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Preamble: Timeless Humanitarian Principles
Analysis of the Modern Situation
The Representative Council of Member States,
Considering that during the past 100 years since the League of Nations (1920), the
institutions of the modern international organizations appear to be restricted by their
own charters, as if designed to be mostly symbolic, and seem to be distracted from their
declared founding principles of human rights and national sovereignty;
Understanding that the modern international organizations are increasingly
perceived as dominated by private interests and political factions, promoting agendas
of neo-feudalism against human rights, and neo-colonialism against national
sovereignty, appearing to undermine their founding principles;
Acknowledging that those dominant institutions, originally intended to uphold
international law and rights, in practice seem to progressively accept suppression of that
body of law and rights, allowing subversion of their charters, undermining their
credibility and authority.
Remembering that evil is often done falsely in the name of good, as explained by
the warning of Countess Marie von Ebner-Eschenbach, that “Little evil would be done
in the world, if evil never could be done in the name of good” (1880).
Reaffirming the responsibility of humanity to stand up against evil, as explained
by the warning of Sir Robert Murray Hyslop, that “The only thing necessary for the
triumph of evil is that good men should do nothing” (1920);
Applying the wisdom of Buckminster Fuller, that “You never change things by
fighting against the existing reality. To change something, build a new model that makes
the existing model obsolete” (1982);
Observing that the modern dominance of national statutory laws has increasingly
suppressed many millennia of true jurisprudence of customary international law, and
displaced even its codification into modern conventional international law, causing the
Rule of Law of human rights and national sovereignty to be all but forgotten;
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Witnessing the resulting progressive escalation of the systematic dismantling of
human rights and national sovereignty, which has become self-evident in modern world
events, advancing agendas driven by manufactured crises and propaganda, while real
needs of genuine humanitarian crises have been essentially ignored;
Have recognized the following solutions to modern problems:
The Path Forward with Solutions
The Representative Council of Member States,
Recognizing the necessity of the principles of the Non-Aligned Movement (NAM)
of free and independent States, in its founding principles from 1955 and its declarations
of summits since 1961, as the solution to the problems of neo-colonialism and neo-
feudalism, requiring new institutions for enforcement of human rights and national
sovereignty;
Restoring the NAM founding principles from the “Bandung Conference” (1955),
that diplomatic relations between individual States should be preferred as
strengthening national sovereignty, while relations through treaty organizations serving
the interests of dominating States or private political factions should be contained as
undermining sovereignty (Sections A-1, B-6, G-6);
Undertaking the mandate of the NAM “Belgrade Declaration” (1st Summit, 1961),
for “the transition from an old order based on domination to a new order based on
cooperation”, led by “new emerging nationalist forces” (Preamble: ¶3);
Fulfilling the mandate of the NAM “Kuala Lumpur Declaration” (13th Summit,
2003), to “establish new” intergovernmental institutions as “an enabling environment”
for “democratization of international governance”, “through [such] new mechanisms”
(Preamble: ¶6; Section 1: Point 4; Section 2: Points 4, 12), and the mandate of the NAM
“Havana Declaration” (14th Summit, 2006), for such new institutions to serve as
“frameworks” providing infrastructure, as the vehicle for implementing NAM principles
(Articles 5, 9(s));
Celebrating the power of the growing awakening of the Peoples of the Nations,
recognized by the NAM “Belgrade Declaration” (1961), that “people are becoming
increasingly conscious”, and “awareness of peoples is becoming a great moral force,
capable of exercising a vital influence on the development of international relations”,
by asserting “the will of their peoples” (Preamble: ¶8-9).
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Emphasizing the supremacy of inalienable human rights and fundamental
freedoms in customary international law since ancient times, and the warning in the
“Universal Declaration of Human Rights” (1948), that “it is essential, if man is not to be
compelled to have recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the Rule of Law” (Preamble: ¶3);
Highlighting the primacy of national sovereignty of free and independent States
representing the human right of self-determination of peoples, and the warning in the
“Declaration on Interference in Internal Affairs of States” (1981), that “any violation of
the principle of non-intervention and non-interference in the [sovereign] affairs of
States poses a threat to the freedom of peoples” (Preamble: ¶7);
Implementing the mandate in the “Declaration on the Right and Responsibility to
Protect Human Rights” (1998), that “Everyone who, as the result of [one’s] profession,
can affect the human dignity, human rights and fundamental freedoms of others, should
respect those rights and freedoms” (Article 11);
Advancing the mandate in the “Principles on the Right to a Remedy for Human
Rights Violations” (2005), to finally achieve the full and effective “implementation of
existing legal obligations under international human rights law” (Preamble: ¶8), as the
necessary means to reclaim and reassert the rights of the Peoples of the Nations.
Reasserting the recognition in the “Convention on the Law of Treaties” (1969),
confirming the status and role of an “intergovernmental organization” (Article 2(1)(i)),
and of sovereign historical “States” as “other subjects of international law” (Article 3),
as necessary and equal members of the true international community;
Affirming that the Articles contained in this Sovereign Charter are directed at
restoring the classical institutions of human civilization, with independence and
integrity, providing a renewed infrastructure, serving as the necessary vehicles for the
empowerment and advancement of humanity, and of free and independent States;
Therefore establish the necessary restored institutions:
Establishment of the Institutions
The Representative Council of Member States,
Implementing the path forward with practical solutions to modern problems:
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Hereby establishes the present Treaty as a Sovereign Charter, officially instituting
and legalizing Ignita Veritas United (IVU) as an intergovernmental organization (IGO),
together with its constituent official institutions.
Wherefore, We the Alliance for Humanity, standing in unity for good against evil,
for Liberty and Justice under the Rule of Law, by and for the Peoples of the Nations,
hereby dedicate Ignita Veritas United (IVU) to serve the People, by providing the
timeless institutions of the pillars of civilization, restored from the collective heritage of
humanity.
Article 1 – Intergovernmental Organization (IGO)
1.
Constitutional Charter Treaty – Ignita Veritas United (IVU) (hereinafter
“Organization”) is hereby established by this constitutional Sovereign Charter, as a
treaty enacted by its founding and acceding Member States, officially creating it as an
intergovernmental organization (IGO).
This Charter constitutes an international organization comprised of constituent
Member States and supporting Member Institutions, as the institutional vehicle for
humanitarian and geopolitical cooperation in furtherance of their common interests,
for the benefit of humanity.
2.
Intergovernmental Registration – This Charter legally serves as the official
international “registration” and “incorporation” of the legal entity of Organization, upon
the collective sovereign governmental authority of its constituent Member States, at
the supra-governmental level of conventional international law. Organization and its
Official Bodies and institutions thus do not require any further permission nor
recognition by any country for their valid legal entity status.
3.
General Powers as Legal Entity – Organization shall exercise full juridical
personality of public international law (international legal personality), possessing the
institutional legal capacity to institute legal and judicial proceedings, enter into and
enforce legal contracts and other binding agreements, and to acquire, manage and
dispose of tangible, intangible, movable and immovable property.
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Article 2 – Legal Entity Status by Sovereign Charter
1.
Exempt from Domestic Incorporation – International law mandates that
the legal entity of an IGO is officially created and legally established by its constitutional
Charter treaty alone, and is exempt from needing any domestic registration or
incorporation in any country:
(a)
Legal Entity Created by Charter – The 1969 Convention on Law of Treaties
mandates that a constitutional Charter is a “treaty which is the constituent instrument
of an international organization” (Article 5), which thereby creates the legal entity of an
“intergovernmental organization” (Article 2.1(i)). The legal entity of an IGO is thus
classified as a “subject of international law”, because it is constituted by conventional
law, by means of a sovereign Charter (Article 3), as enacted by its founding “Negotiating
States” (Article 2.1(e)). The resulting legal status as an official legal entity, created by
Charter as a treaty, is thus fully “binding upon” all States (Article 38).
(b)
Immunity from Country Jurisdiction – Under the 2004 Convention on
Jurisdictional Immunities of States, an IGO is an “instrumentality… exercising sovereign
authority” of its Member States, thus created by joint sovereignty as a “State” in its own
right (Article 2.1(b)(iii)), thereby having “immunity… from the jurisdiction of” all other
States (Preamble: ¶1, Article 5).
Under the 1981 Declaration on Internal Affairs of States, for any country to
require a domestic registration or incorporation would violate the prohibition that “No
State [shall] interfere in any form or for any reason whatsoever in the… affairs of other
States” (Article 1).
(c)
Rights of Unincorporated Entities – Under the 1998 Declaration on Right
to Protect Human Rights, unincorporated entities in the jurisdiction of customary
international law, which are dedicated to “promoting human rights”, specifically “have
the right” to operate as private “associations or groups” (Article 5), with the right to “all
conditions necessary… to enjoy all those rights… in practice” (Article 2.1), “the right… to
have effective access, on a non-discriminatory basis, to participation in… public affairs”
(Article 8.1), and “the right… to receive and utilize resources” economically (Article 13).
Therefore, for any government or bank to require a domestic registration or
incorporation would violate the prohibition that “No one shall participate… in violating”
these rights of unincorporated entities (Article 10).
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2.
(a) Original Date of Establishment – For all official purposes, the date
when Organization was originally established is hereby confirmed to be 21 November
2008, as the date of first incorporation of the founding non-profit entity which directly
and continually developed into the present Organization in its current sovereign
intergovernmental form.
(b)
Juridical Continuity by Charter – As a non-profit institution,
Organization was originally founded in 2008 as an educational and academic institution
for preservation of world heritage for advancement of civilization, expanded in 2012 for
supporting international law and geopolitical security, expanded in 2014 as a university
supporting human rights and the rule of law through education and scholarship, and
restructured in 2016 as an intergovernmental organization (IGO).
Accordingly, the juridical continuity of the legal entity of Organization shall
remain primarily vested in and carried through the present Sovereign Charter,
irrespective of any subsidiary incorporation in any particular State, which may be
temporary, transitory and interchangeable under this Charter.
Article 3 – Governed by Customary International Law
1.
Jurisdiction of International Law – As an intergovernmental organization
(IGO), with legal status as a sovereign “subject of international law” (1969 Convention
on the Law of Treaties, Article 3), Organization is chartered and exists by, and operates
within, the supra-governmental jurisdiction of customary international law, as
recognized by conventional international law.
Accordingly, all of the internal and external affairs of Organization, and all
interactions between and among its Member States, Member Institutions and Officers,
and their relations with Organization, as well as the present Charter, shall be governed
by application of the established principles of customary and conventional international
law.
2.
Governing Customary Law – The modern framework of conventional
international law recognizes, confirms and declares that the historical “rules of
customary international law continue to govern”, and are thus enforceable in all
countries (1961 Convention on Diplomatic Relations, Preamble: ¶5, Article 47.1; 1963
Convention on Consular Relations, Preamble: ¶6; 1969 Convention on Special Missions,
Preamble: ¶8; 1969 Convention on Law of Treaties, Preamble: ¶8, Article 38; 2004
Convention on Jurisdictional Immunities of States, Preamble: ¶5; 2005 Principles on
Right to Remedy for Human Rights, Article 1).
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The doctrines of customary law are also enforceable as “rules... to which they
[countries] are subject under international law independently of [a] convention” (1969
Convention on Law of Treaties, Articles 3(b), 43), and as “other sources of international
law” (1948 Declaration of Human Rights, Preamble: ¶3).
3.
Sources of Customary Law – “International law” is defined as “customary
law” of “treaty, custom and precedent”, evidenced by “custom or usage” (Black’s Law
Dictionary 2nd 1910: “International Law”, p.649; “Customary”, p.310). The doctrines of
customary law are thus established by any legal or historical precedents which can be
proven from the historical record.
Where customary rules are not codified by modern conventional law, they can be
evidenced by relevant secular provisions codified in the Code of Canon Law, which is
based upon ancient customary law (Canons 2, 27, 28), from jurisprudence of the ancient
Roman and Saxon legal traditions (F. Rocca, Manual of Canon Law, The Bruce, 1959,
p.13), which became the foundations of the modern continental legal systems (H.
Berman, Law and Revolution, Harvard, 1983, p.86, p.115; M. Glendon, Comparative
Legal Traditions, West Law, 1985, p.43).
Article 4 – Sovereign Authorities of International Law
1.
Intergovernmental Sovereign Statehood – Under the 2004 Convention on
Jurisdictional Immunities of States, an intergovernmental organization (IGO) constitutes
an “instrumentality” of its Member States, authorized to perform acts “in the exercise
of sovereign authority” of its constituent Member States jointly in cooperation, and is
thus defined as a “State” possessing sovereign statehood in its own right (Article
2.1(b)(iii)), thereby possessing the same full “jurisdictional immunities” as any Nation
State (Preamble: ¶1, Article 5).
Therefore, as confirmed by the 1961 Convention on Diplomatic Relations, all
other conventions of international law determining the rights, sovereignty, privileges
and immunities of States fully and equally apply to an intergovernmental organization
(IGO), as a non-territorial state (Articles 1(i), 23.1, 30.1.).
2.
Intergovernmental Sovereign Immunities – Under the 1981 Declaration on
Interference in Internal Affairs of States, the operation of an intergovernmental
organization (IGO) constitutes the conduct of “external affairs” of its constituent
sovereign Member States, such that “No State has the right to intervene or interfere in
any form or for any reason whatsoever” (Preamble: ¶1).
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An IGO constitutes a joint “institution” of its constituent Member States, thereby
invoking “The duty of a State to refrain from any action or attempt in whatever form or
under whatever pretext to destabilize or to undermine the stability of another State or
any of its institutions” (Section II(e)). The activities of an IGO constitute the exercise of
“The right of States to participate actively on the basis of equality in solving outstanding
international issues” (Section III(a)).
3.
Intergovernmental Diplomatic Status – Diplomatic status is invoked with
all privileges and immunities by presenting “Diplomatic Credentials” as issued (1961
Convention on Diplomatic Relations, Article 13), exempt from accreditation or embassy
registration (1961 Diplomatic, Articles 1(i), 3.1(a)), without requirement of a consular
post (1963 Convention on Consular Relations, Articles 3, 1(d), 17.1), regardless of
recognition (1969 Convention on the Law of Treaties, Articles 3, 38).
Diplomatic Officers of Organization do not engage in commerce, retaining full
immunities (1963 Consular, Article 57). Immunities fully apply by the fact of sovereignty
alone (1961 Diplomatic, Articles 22-36; 1963 Consular, Articles 40-57). High Officials
and the Directorate General hold absolute immunity regardless of scope of functions
(2002 ICJ Congo v. Belgium, §§ 51-55).
Article 5 – Institutional Character of Organization
1.
Driven by Verifiable Factual Truth – Organization is named by the
trademark Latin phrase ‘Ignita Veritas’ (pronounced ‘Ig-neet-a’), which means “Fire of
Truth” or “Light of Truth”.
This represents its foundational institutional character of developing and
promoting verifiable factual bases for empirical, historical, academic and practical truth,
as the necessary fabric of civilization. This expresses its core institutional method of
demonstrating legitimacy and asserting lawful authority through self-contained and
self-proving public statements, backed by source references, uncompromised by
political agendas.
Organization is dedicated to the principle that factual truth is essential to the
functioning of human civilization, and necessary to the collective welfare of humanity.
2.
Unity by Independent Sovereignty – As an essential part of its foundational
institutional character, the organizational culture of Ignita Veritas United (IVU) shall be
as a union of states, united by sovereignty, which is intergovernmental, but not political.
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IVU promotes unity, without compromising sovereignty; leadership, without
centralized control;
international cooperation, without “global governance”;
sustainable development, without alienation of the rights and resources of peoples;
humanitarian support, without political conditions or dependence; charitable
patronage, without undue influence; education, without indoctrination; information,
without propaganda; scholarly research, without an agenda for private interests.
3.
Anthem of Intergovernmental State – The official State Anthem of Ignita
Veritas United (IVU) as an intergovernmental State, best expressing the institutional
character and Founding Principles of Organization, shall be the orchestral work:
“Fanfare for the Common Man”, composed by Aaron Copland (1942). This work was
inspired by a speech that same year by the American Vice President, proclaiming the
dawning of the “Century of the Common Man”, and was composed to express the spirit
of humanity rising up against evil and tyranny during World War II.
Use of this work as a State Anthem is authorized by law as “Fair Use”, for solely
humanitarian and cultural non-commercial and non-profit purposes (17 USC 107).
This Anthem shall be played for opening official special events and diplomatic
events, and may be played for opening working special sessions of the Official Bodies,
Ministries and Agencies of Organization.
Article 6 – Spiritual Character of Organization
1.
Spiritual But Not Religious – As an essential part of its institutional
character, the organizational culture and social character of Ignita Veritas United (IVU)
shall be spiritual, but not religious.
2.
Timeless Common Values – In furtherance of this interfaith spiritual
character, the international activities of Organization shall support the timeless
principles of inherent goodness, anchored in universal doctrines underlying all
traditional world religions of spirituality, through the common core values of peace,
shared prosperity, respect for humanity, consideration for animals, charity and
compassion, promoting healthy interpersonal relationships, respect for the institution
of marriage, and protection of the institution of family units.
3.
Freedom of Religion – In connection with these principles, no spiritual
religion shall be denied or suppressed in the free and open expression of its traditional
beliefs, and no such religion shall be held above another, in the context of the
institutional culture, policies and operations of Organization.
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4.
Convocation Prayer – For all meetings of the Representative Council,
Security Council, working sessions of the Official Bodies, Ministries and Agencies, and
other working teams, upon the request of participating Member States or Organization
Officials, it is encouraged for the official proceedings to be opened with an inter-faith
convocation prayer, by the following authorized formula:
“In the name of God Almighty the Most High (Aten, Yahweh, Adonai, Allah,
Vishnu); the Son (Amun, Yeshua Jesus, Mashiach, Issa, Krishna); the Holy Spirit (Heka,
Ruach Ha-Kodesh, Ruh Al-Qudus, Paramatma), and the Angels (Neterwoo, Malachim,
Mala’ikah, Brahman):
As God and Council have called us to serve; Help us to serve humanity all the days
of our lives, as protectors of human rights and the rule of law, for so long as it shall
please God; Have mercy upon your servants, and lead us on the path of peace and
prosperity, righteousness and justice. Amen.” [*]
[ * Prayer based on: Council of Troyes of 1129 AD, Temple Rules 220, 222. ]
Article 7 – Founding Principles of Organization
The Founding Principles of Organization are based upon its institutional character
(Charter, Article 5) and spiritual character (Charter, Article 6), and are further defined
by its essential founding missions, consisting of the following:
1.
Non-Aligned Infrastructure – Organization is dedicated to fulfillment of the
Non-Aligned Movement (NAM) mandate to “establish new” intergovernmental
institutions as “an enabling environment” for “democratization of… international
governance”, “through [such] new mechanisms” (2003 NAM 13th Summit Kuala Lumpur
Declaration, Preamble: ¶6; Section 1: Point 4; Section 2: Points 4, 12), providing
necessary infrastructure as a vehicle for implementing NAM principles, serving as
“frameworks” for “multilateral” multipolar relations between free and independent
States (2006 NAM 14th Summit Havana Declaration, Articles 5, 9(s)).
2.
Official Mission Statement – The central Mission of Organization is to uplift
and empower humanity, by restoring and providing the institutions of human
civilization, secured by the universal values of integrity and inherent goodness, and
driven by the highest level of timeless and time-tested knowledge as the collective
heritage of humanity, for the advancement and prosperity of humanity and civilization.
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This Mission requires to rediscover and reestablish free and independent
institutions, led by free and independent professions, supporting and protecting free
and independent States, for the benefit of free and independent Peoples of the Nations.
Such institutions shall be provided by Organization, as the necessary vehicles to
empower humanity to exercise its inalienable right of free will in natural law, protected
in modern international law as the human right to self-determination.
By this Mission, the institutions provided shall give humanity the freedom of
meaningful choice, to abandon the ineffective and politicized modern institutions
manipulated by dominant political factions, and choose the integrity and fairness of
classical institutions by and for The People. In this way, avoiding any need to fight
against the dominant modern organizations, Organization can focus all its efforts and
resources on providing the renewed infrastructure of human civilization.
3.
Rule of Law & Effective Justice – Supporting its Mission Statement, of
providing free and independent institutions of civilization to empower humanity, the
primary Founding Principles of Organization shall be the protection and advancement
of international law and rights, including respect for national sovereignty, upholding the
Rule of Law, preserving the Magna Carta principles that no governmental authorities
shall be permitted to hold themselves “above the law”, and ensuring meaningful access
to fair and equal Justice, with real and practical enforcement of Justice.
4.
Human Rights & Freedoms – Supporting its Mission Statement, the priority
Founding Principles of Organization shall be the protection and advancement of basic
human rights and fundamental freedoms, including respect for individual liberties
necessary to the human condition, upholding civil rights, economic rights, religious
freedom, intellectual freedom, access to education, protection of equal rights for
women, children, minorities,
indigenous peoples and disadvantaged groups,
preservation of traditional cultural identity and heritage, and defense of self-reliance on
the natural resources and agriculture of peoples.
5.
No Politicizing of Human Rights – Applying the mandate of the 2016 NAM
Margarita Declaration of the 17th Summit, that “human rights should be strengthened
by… universality [and] non-politicization… [as] human rights for all” (Article 5):
Organization shall give exclusive priority to large-scale and systemic violations of
fundamental human rights affecting the international community and the Peoples of
the Nations, and shall always give priority to basic rights which are universal to all of
humanity, and are essential to all of human civilization, before addressing any special
rights promoted by political interest groups.
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6.
Humanitarian Activities – In furtherance of its Mission Statement and
Founding Principles, the primary activities of Organization shall be providing
humanitarian support and development programs, academic education, and other
related charitable and humanitarian projects. Such activities shall include promoting
human rights through education, including by expert training of the Legal Profession
and Judiciary Profession, and serving as a source of legal scholarship and academic
research supporting the independent Judiciary to uphold human rights internationally.
Article 8 – Statutes Governing Operations
1.
Organization may enact and publish its own Statutes under this Charter,
establishing Ministries and Agencies, programs, policies, rules and procedures, for
internal and external operations of the Organization itself (independent from individual
Member States), and asserting its lawful sovereign jurisdiction in customary
international law, on matters affecting the integrity, security, capabilities, and critical
infrastructure resources of the Organization.
2.
Such Statutes of Organization may be to implement recommendations of
the Representative Council of Member States or upon its own initiative, and shall be
approved by the Board of Trustees, enacted by the Office of the Prime Minister (OPM),
and ratified by the Office of the Inspector General (OIG), to be issued and published by
the Directorate General.
3.
Such Statutes may be titled and published in the form of an “Act” of the
Directorate General, in the manner of national laws which are Acts of Parliament.
Article 9 – Sovereignty of Official Statehood
Organization and its Official Bodies, jointly and severally, shall assert, exercise and
uphold their sovereignty of intergovernmental statehood under international law.
Accordingly, they may enter into and ratify treaties, establish official diplomatic
relations with States and other intergovernmental organizations, and maintain and
direct their own diplomatic corps, observer corps and intervention corps.
They may also issue official diplomatic passports as valid international travel
documents (subject only to visa protocols of receiving countries), which legally invoke
diplomatic privileges and immunities under international law.
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The diplomatic status of Organization and its officers shall be duly certified by the
issuance of diplomatic credentials for its officers, which may be supplemented by
diplomatic plates for its vehicles.
Article 10 – Reservation of Waiver of Immunities
The waiver of any sovereign or diplomatic privileges or immunities of
Organization or any of its officers is exclusively reserved to its Chief Inspector General,
strictly on a case-by-case basis. Such waiver can only be effective by a formal statement
in writing issued in the official capacity as Chief Inspector General of Organization.
The waiver of any specific privilege or immunity shall be inherently limited to
apply only to the relevant subject matter of the particular case, and shall not be
construed to imply any waiver of any other privileges or immunities in the same nor in
any other case.
Article 11 – Diplomatic Relations with States
1.
Headquarters Agreements – Organization and its Official Bodies may
conclude multiple Headquarters Agreements with sovereign States and autonomous
Administrative Territorial Authorities. For Member States, the act of Accession to the
present Charter constitutes legal accession to this constitutional Charter of
Organization, and carries the inherent obligations analogous to those customarily
established by Headquarters Agreements.
2.
Diplomatic Missions Separate from Accession – Accession to the present
Charter by a Member State does not require establishing a Diplomatic Mission of
Organization in that State, such that the absence of a Diplomatic Mission does not
undermine or negate Member State status. Conversely, establishment of a Diplomatic
Mission in any State does not require its Accession to this Charter, such that the absence
of Accession does not undermine or negate Diplomatic Mission status. (1969
Convention on Law of Treaties, Article 74.)
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3.
Agreement by Exchange of Protocol Letters – By legal effect of the present
public Charter containing this article providing the relevant constructive legal notice, all
States cooperating with Organization thereby agree that the mutual exchange of
protocol instruments (1969 Law of Treaties, Articles 2.1(a)-(b), 11, 13(a)), for Accession
to this Charter, or for establishing a Headquarters or Diplomatic Mission in such State,
or for other purposes of cooperation involving diplomatic status, shall have the effect
of constituting an international Agreement for such purpose (1969 Law of Treaties,
Articles 3(a), 13(b)), thus requiring a territorial Member State to register such
Agreement with the United Nations as a depositary for publication in shared official
databases of diplomatic relations (1945 UN Charter, Article 102.1; 1969 Law of Treaties,
Article 80.1).
4.
Regional Diplomatic Missions – In accordance with the 1963 Convention
on Consular Relations, any Diplomatic Mission of Organization in one State may exercise
its consular functions in other States, such that it may serve as and be designated as a
Consulate for a larger geographic region (Article 7).
5. Multi-Flagged Diplomatic Missions – Under the 1969 Convention on Law
of Treaties, autonomous Official Bodies of Organization may be represented by
Organization as the host institution (Article 36).
Under the 1963 Convention on Consular Relations, Organization may exercise its
consular functions also on behalf of its autonomous Official Bodies (Article 8), such that
it may establish multilateral and multi-flagged joint Diplomatic Missions (Article 29).
Under the 1961 Convention on Diplomatic Relations, an intergovernmental
organization (IGO) may appoint any Head of Mission to simultaneously represent its
autonomous Official Bodies (Articles 5.1, 5.3), and each Head of Mission may represent
its multiple Official Bodies through a joint Diplomatic Mission (Article 6), such that the
Mission may use their multiple flags (Article 20).
6.
Authority to Represent Membership – For the purposes of Organization
receiving accreditation with Consultative Status and making contributions of technical
expertise supporting other international organizations, Organization shall have
authority to speak for and represent its Member States and Member Institutions,
through executive officers of the Directorate General as its authorized representatives,
for general representation of the consultative expertise of its collective membership
(1996 UN-ECOSOC Resolution 31, Article 11).
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Article 12 – Accession to Charter by Member States
1.
Charter as Open Multilateral Treaty – Conventional international law
defines a “Treaty” as any “international Agreement… whatever its particular
designation” (1969 Convention on Law of Treaties, Article 2.1(a)), and establishes that
all “international Agreements concluded between… subjects of international law”,
including an intergovernmental organization (IGO), have full “legal force” as Treaties
(Article 3(a)).
Accordingly, the present Sovereign Charter is officially declared to constitute an
“Open Multilateral Treaty” for all official purposes in diplomatic relations.
2.
Effect of Accession by Member States – The Accession to the present
Charter by Member States confers to Organization and its Official Bodies and Agencies
the full official recognition of its own sovereignty and juridical personality of public
international law, jurisdictional immunity and extraterritoriality of Organization and its
operations, diplomatic immunity and inviolability of all officers, premises, facilities and
property of Organization, exemption from direct or indirect taxation or customs duties
on all donations, funds, equipment and property conferred to and from Organization,
and legal capacity to institute legal proceedings in any relevant Court of jurisdiction to
enforce such sovereign privileges and immunities, without the need for concluding any
Headquarters Agreement nor establishing any Diplomatic Mission.
Article 13 – Member States
1. Member State Entities – Organization is constituted by Member States,
which may be territorial States (countries), non-territorial Nation States, other
sovereign subjects of international law, or intergovernmental organizations (IGO).
2.
Accession of Member States – Member States become part of
Organization by means of application to and acceptance by the Office of the Prime
Minister (OPM), upon the advice and counsel of the Peace & Security Council, subject
to approval by the Office of the Inspector General (OIG). Such Acceptance shall be
followed by Accession to the present Charter, by means of an exchange of diplomatic
protocol letters as provided by OIG (1969 Law of Treaties, Articles 2.1(a)-(b), 11, 13(a)).
3.
Equal Voting Rights – Only Member States hold voting rights in
Organization, and all votes shall be equal, as all nations inherently possess equal
sovereignty and must be treated equally under conventional international law.
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4.
Joint Ministry of Human Rights – Organization shall endeavor to generate
and ensure benefits and advantages for its constituent Member States: Organization
shall serve as a de facto equivalent of a jointly shared “Ministry of Human Rights”, as a
platform for Member States to advance their related interests with greater collective
impact internationally, for the benefit of their peoples. Organization shall promote the
principles of national sovereignty as part of human rights under international law, to
benefit the independence, welfare and prosperity of the Member States.
5.
Non-Member “Associated States” of Treaties – Member State status in
Organization is not required for any State signing, ratifying or acceding to one or more
Conventions, Declarations or other Treaties of international law hosted by Ignita Veritas
United (IVU) as the sponsoring and organizing IGO. Such State parties as signatories to
an IVU Convention which are not Member States shall be classified separately as
“Associated States”.
6.
Purposes of Funding for Member States – Any and all intergovernmental
funding which Organization may procure or provide for its Member States, shall be
strictly limited to humanitarian projects for the purposes of its Founding Principles and
Mission Statement as established by this constitutional Charter. No part of any such
funding shall be used for any military capabilities of any Member State.
Article 14 – Obligations of Member States
1.
Protection of National Sovereignty – Nothing in the present Charter, nor
in any of the policies of Organization, shall be construed to diminish the absolute rights
of sovereignty of the Member States in any way: No requirement nor concession of
cooperation shall be requested nor imposed as a condition of membership which could
limit or infringe upon the sovereignty or related sovereign rights of the Member States
of the Organization under customary international law.
2.
Support of Humanitarian Principles – Member States agree to sincerely
endeavor to actively and meaningfully support, advance, and practically implement the
Founding Principles of the present Charter (Article 7), and the humanitarian missions of
Organization.
3.
Diplomatic Visa Waiver Program – Member States agree to implement a
waiver of travel visa requirements for entry of all holders of diplomatic passports of
Organization and its Official Bodies into its territory, and to register such waiver with its
relevant customs and border control agencies.
18
4.
Support of Diplomatic Status – Member States agree to establish the
appropriate embassy, consulate, honourary consulate or diplomatic representation of
Organization and its Official Bodies in its territory, and register that representation with
the United Nations to ensure that such is internationally listed in shared official
databases of accredited diplomatic relations.
5.
Contributions to Humanitarian Projects – Member States agree to
provide, arrange, facilitate or promote significant contributions to the operating
budgets of Organization, in annual amounts reasonably calculated to meaningfully
enable and support the effective implementation of humanitarian and charitable
missions and projects of Organization.
6.
Cooperation with Member States – Member States agree to provide
cooperative assistance to all other Member States, to ensure the optimal mutual
benefits to and from Organization for all of its members and missions.
7.
Disqualification for Systemic Violations – Any domestic or foreign policies,
operations or actions of a Member State which demonstrably serve to systematically
undermine or violate fundamental principles of international law or human rights, may
result in disqualification preventing Member State status.
Any State which manifests indications of existing violations or ongoing policies
undermining international law or human rights, but which demonstrates a policy of
meaningful substantive reform, and commits to engage in cooperation with
Organization for restoring the rule of law and human rights internationally, may be
accredited as a supporting non-voting Observer State.
Any State which is generally considered a geopolitically dominant country, or is a
member of an alliance of such countries, which may be incompatible with the founding
principles of the Non-Aligned Movement (NAM) of free and independent countries, may
be accredited as a supporting non-voting Observer State.
8.
Revocation of Member State Status – For any failure or violation of
Obligations establishing reason for Disqualification, Member State status may be
suspended, revoked, or otherwise terminated by the Office of Inspector General (OIG),
upon the advice and counsel of the Office of the Prime Minister (OPM).
A Member State against which preventative or enforcement action has been
taken by the Peace & Security Council may be suspended from membership status by
the Representative Council of Member States upon the recommendation of the Security
Council. In such case, the membership status may be restored by the Security Council.
19
A Member State which has persistently violated the Founding Principles of
Organization may be terminated from membership status by the Representative Council
upon the recommendation of the Security Council.
9.
No Politicizing of Human Rights – Applying the mandate of the 2016 NAM
Margarita Declaration of the 17th Summit, that “human rights should be strengthened
by… non-politicization” (Article 5), and its prohibition of “the use of media as a tool for
hostile propaganda” (Article 21):
No Member State shall be subjected to any prejudice or adverse action solely due
to politicized allegations of supposed “human rights” abuses as promoted by
establishment mainstream mass media outlets in the context of any apparent campaign
of state-sanctioned propaganda advancing an identifiable political agenda.
10. Respect for National Differences – The accreditation and acceptance of
any State as a Member State or Observer State shall not be construed as any
endorsement of its foreign or domestic policies, national laws or customary socio-
economic or socio-cultural practices. Participation of States in Organization shall be
based solely on the mutually shared higher values and policies of upholding the right of
all States to have their own differences of unique national character and distinctive
cultural identity representing the heritage of their peoples, as free and independent
States.
This overriding policy is necessary as the essential foundation of true democracy,
as the basic human right to self-determination of peoples represented by their
sovereign States, and as the human right of freedom of choice of one’s preferred
countries of residence or professional activities. Without the protection of national
differences reflecting the traditional character and culture of the people of each State,
there can be no meaningful choice between alternatives of different countries, and thus
no real freedom nor democracy.
Article 15 – Representative Council of Member States
1.
Authorities as Branch of Government – The Representative Council of
Member States, referred to by the short-form “Representative Council”, serves as the
primary Deliberative Branch of the IGO government. The Council shall formulate or
implement initiatives, deliberations and resolutions on matters, issues or policies
involving or affecting the shared national interests of Member States. The Council may
issue recommendations to the Directorate General, to the Peace & Security Council, to
Member States, and to Non-Member States.
20
The Representative Council is sovereign in its decisions, possessing special
sovereignty equivalent to that of a parliament of a Nation State. It is composed of the
Representatives of the voting Member States, together with non-voting Member States
accredited as Observer States.
2.
Participation by Member States – The Member States participate in
governance of Organization primarily through their activities in the working sessions
and voting meetings of the Representative Council. Each voting Member State shall
have one equal vote, and shall appoint one primary Representative and two reserve
Representatives to exercise its one vote. Decisions of the Council are enacted and
ratified by a vote of a simple majority. The Council is deemed to manifest a quorum by
any number of responding Representatives when all Representatives have been
notified, regardless of the number of participants.
3. Meetings of the Council – The Representative Council shall be periodically
convened in regular Sessions as called upon by the Office of the Prime Minister (OPM),
to propose
initiatives,
conduct deliberations,
and
issue
resolutions or
recommendations, on matters, issues or policies involving or affecting the shared
national interests of Member States, as presented by the Representatives, to formulate
or implement solutions on such proposals. The Council shall also be convened in any
Special Sessions which may be called by the Prime Minister upon the request of a
majority of Member States or of the Peace & Security Council.
4.
Chancellor of Representative Council – The Chancellor serves as the Chief
Official representing the collective of Member States to the Directorate General, with
the customary authorities of a Chancellor to administer the working sessions and
coordinate discussions and votes of the Representative Council. The position and
function of Chancellor is reserved for the Head of State of a leading founding Member
State as a “negotiating State” of this Charter, by default, unless a separate official is duly
elected.
5.
Vice Chancellor of Representative Council – The Vice Chancellor serves as
the senior official actively implementing the active functions on behalf of the
Chancellor, more directly managing working sessions and votes of the Representative
Council. The position and function of Vice Chancellor is reserved for a High Official of a
leading founding Member State as a “negotiating state” of this Charter, by default,
unless a separate official is duly elected.
6.
Election of Council Officials – The Chancellor and Vice Chancellor shall
become duly elected, when nominated by the Board of Trustees, elected by majority
vote of the Office of the Prime Minister, and ratified by majority vote of the
Representative Council, subject to a security clearance.
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Article 16 – Member Institutions
1. Member Institution Entities – Organization is supported by Member
Institutions, which may be private not-for-profit (“non-profit”) organizations, religious
and educational institutions, international organizations such as non-governmental
organizations (NGO), other intergovernmental organizations (IGO), or other such
institutions which are international in their scope and operations.
2.
Accession of Member Institutions – Member Institutions acquire status of
participation in Organization by means of application to and acceptance by the Office of
the Inspector General (OIG), followed by Accession to the present Charter, by means of
an exchange of official protocol letters provided by OIG.
3.
Participation of Institutions – Member Institutions participate in
Organization without voting rights, primarily through networking and cooperation with
the Directorate General or its relevant Official Bodies, Ministries or Agencies, and with
other Member Institutions. Participation by Member Institutions may be enhanced by
accreditation to either Special Consultancy Status or Observer Status granted by the
Directorate General.
Article 17 – Obligations of Member Institutions
1.
Support of Humanitarian Principles – Member Institutions agree to
sincerely endeavor to actively and meaningfully support, advance, and practically
implement the Founding Principles of the present Charter (Article 7), and the
humanitarian missions of Organization.
2.
Contributions to Humanitarian Projects – Member Institutions agree to
arrange, facilitate or otherwise promote significant contributions to the operating
budgets of Organization, in annual amounts reasonably calculated to meaningfully
enable and support the effective implementation of humanitarian and charitable
missions and projects of Organization.
3.
Cooperation with Member Institutions – Member Institutions agree to
provide assistance to all other Member Institutions, to ensure the optimal mutual
benefits to and from Organization for all of its members and missions.
22
4.
Disqualification for Systemic Violations – Any policies, operations or
actions of a Member Institution which demonstrably serve to systematically undermine
or violate fundamental principles of international law or human rights, may result in
disqualification preventing Member Institution status.
5.
Revocation of Member State Status – For any failure or violation of
Obligations establishing reason for Disqualification, Member Institution status may be
suspended, revoked, or otherwise terminated by the Office of Inspector General (OIG).
Article 18 – Advisory Council of Member Institutions
The Advisory Council of Member Institutions, referred to by the short-form
“Advisory Council”, serves as the primary advisory body of the IGO government,
functioning as its Board of Advisors for feedback and guidance on public policy trends
and industry developments affecting its humanitarian operations. It is composed of the
collective of all participating Member Institutions of Organization.
Article 19 – Special Consultancy Status
1.
Consultancy Role – Member Institutions which possess compelling
qualifications of specialized expertise in a particular technical, academic, socio-
economic or socio-cultural sphere relevant to supporting the missions of Organization
may be accredited to Special Consultancy Status.
2.
Right to Consult – Special Consultancies have a right to submit written
reports related to missions of Organization which shall be distributed to the Directorate
General and its relevant Ministries and Agencies.
3.
Contributions – Failure to make meaningful consultative contributions on
a reasonably periodic basis may result in loss of Special Consultancy Status.
4.
Disqualification – Any activities of a Member Institution which develop,
formulate, advocate, endorse, or otherwise promote policies which would violate
fundamental principles of international law or human rights, may result in
disqualification, suspension, revocation, or termination with prejudice of Special
Consultancy Status.
5.
Determinations – All determinations on accreditation to Special
Consultancy Status, including qualification, approval, grant or loss of Special
Consultancy Status, shall be made by the Office of the Inspector General (OIG).
23
Article 20 – Observer Status
1.
Observer Role – Member Institutions which possess highly developed
capabilities to make advisory contributions of expected worldwide impact, relevant to
supporting the working sessions and deliberations of the Representative Council of
Member States may be accredited to Observer Status.
2.
Right to be Heard – Observers have the right to speak and be heard at
working sessions and voting meetings of the Representative Council, and a right to
submit relevant written reports which shall be distributed to Representatives of the
Council, as well as the Directorate General and its relevant Ministries and Agencies.
3.
Contributions – Failure to make meaningful contributions or demonstrate
practical support of the humanitarian missions of Organization on a reasonably periodic
basis may result in loss of Observer Status.
4.
Disqualification – Any activities of a Member Institution which advance,
facilitate or otherwise support or promote policies or operations which would violate
fundamental principles of international law or human rights, may result in
disqualification, suspension, revocation, or termination with prejudice of Observer
Status.
5.
Determinations – All determinations on accreditation to Observer Status,
including qualification, approval, grant or loss of Observer Status, shall be made by the
Office of the Inspector General (OIG).
Article 21 – Historical Institutions
1.
Role of Historical Institutions – The core humanitarian missions of
Organization are inherently involved with the timeless spiritual and cultural values of
humanity, and the heritage and traditions which embody such values, which are
preserved in various historical institutions which have survived into the modern era.
Certain historical institutions thus have great potential to provide valuable contributions
of essential components for the success of the humanitarian missions.
24
Sovereign historical institutions, including indigenous nations, and their
international alliances, which typically no longer own nor govern their former
territories, continue to embody and represent the history, heritage, culture and
traditions which are the institutions of humanity, which cannot be acquired by mere
territorial conquest.
Organization thus serves as a dedicated vehicle to give a voice and meaningful
representation to such historical institutions in world affairs, as essential members of
the true international community of Nation States.
2.
Equality of Historical Statehood – The 1963 Convention on Consular
Relations recognizes the diplomatic status of sovereign historical institutions “since
ancient times” (Preamble: ¶1). The 1961 Convention on Diplomatic Relations, confirms
that “all nations from ancient times have recognized… the sovereign equality of States”
of “differing constitutional and social systems” including historical (Preamble: ¶1-3),
and requires that a “State shall not discriminate as between States” including a historical
form of statehood (Article 47.1). The 1974 Charter of Economic Rights of States
confirms that “No State shall be subjected to discrimination” based on “differences in
political, economic and social systems” including historical statehood (Preamble: ¶3, ¶7;
Article 4).
3.
Equality of Non-Territorial Statehood – The 1961 Convention on
Diplomatic Relations recognizes the existence of “non-territorial” (international) States,
which can exercise diplomatic status without having any territory (Articles 1(i), 23.1,
30.1). The 1969 Convention on the Law of Treaties classifies this rare type of “State” as
a “subject of international law”, because its sovereignty is established by effect of law,
not by holding territory (Article 3). By the “sovereign equality of States” (1970
Cooperation of States, 6th Principle), “All States”, including non-territorial, “are… equal
members of the international community” (1974 Economic Rights of States, Article 10).
4.
Sovereign Subjects of International Law – The 1969 Convention on the Law
of Treaties establishes that although the modern Conventions of international law do
not explicitly apply to historical institutions and such “other subjects of international
law”, this “shall not affect the legal force of [their] agreements”, and “shall not affect
the application… of any of the rules… to which [they] would be subject under
international law independently of the Convention” (Article 3). The status of historical
sovereign subjects of international law is thus “binding upon” all countries as a
“recognized customary rule of international law” (Article 38).
25
5.
Legitimacy of Historical States – The legitimacy of continuity and
succession of surviving sovereign Historical States, for their recognition and legalization,
is established by the historical doctrines of customary international law, as evidenced
by the Code of Canon Law: Such States can be legally reestablished based upon a
provable lineage of succession (Canon 120 §2), carrying sovereign authorities (Canon
121) from the original founders (Canon 123).
6.
Recognition of Historical States – This present Charter of the Organization
was established by Historical States of royalty and nobility as its founding “negotiating
States” (1969 Law of Treaties, Article 2.1(e)). Therefore, it possesses and hereby
reserves and declares both legal standing and heraldic jurisdiction (Black’s Law 2nd 1910:
“Court of Honor”, p.289) to grant official “Sovereign Recognition” to surviving restored
kingdoms, principalities and indigenous nations as non-territorial Historical States in
diplomatic relations.
Organization and its autonomous Judiciary Official Bodies thus possess legal
capacity to issue a valid “Letters Patent” certificate of Sovereign Recognition by royal
authority and royal protocols in customary international law, as a “grant by the
sovereign [of] some authority [or] title” as a “royal grant” (Black’s Law 2nd 1910: “Patent:
English Law”, p.880; “Royal grants”, p.1046), by a “special decree… expressly granting
it” (Code of Canon Law, Canon 116, §2).
7.
Historical Member States – In accordance with these doctrines of
international law, Historical States which constitute a sovereign “subject of
international law” possessing sufficient aspects of juridical statehood, including royal,
ecclesiastical, indigenous and other sovereign historical institutions, may be accepted
as Member States of Organization. Such acceptance shall be determined based upon
compelling evidence of sovereign legitimacy and historical authenticity, backed by a
certified Barristers opinion or Judiciary recognition.
8.
Historical Member Institutions – An historical institution which does not
possess a sufficient level of juridical statehood under established rules of customary
international law, may be accepted as a Member Institution, and based upon
demonstrated merits may also be accredited to Special Consultancy Status. An
historical institution which may need a period of restoration or legal work to document
full statehood, or which does not wish to actively assert its inherent statehood, may be
recognized and accepted as a Member Institution accredited with Observer Status.
26
9.
No Claims to Govern Territory – Any and all projects and official acts for
recognition and resulting legalization of an Historical State shall not constitute a claim
to govern its former territory in modern times, but shall only assert its sovereignty as a
non-territorial (international) State, as necessary to protect its participation in
diplomatic relations, its cultural heritage restoration projects, and the human rights of
its Nationals.
Article 22 – Peace & Security Council
1.
Authority of Security Council – The Peace & Security Council (PSC) is
hereby instituted as an autonomous Official Agency of Organization, which shall
conduct and provide the customary functions of such intergovernmental Agency: To
“determine the existence of any threat to the peace, breach of the peace, or act of
aggression, [and] make recommendations, or decide what measures shall be taken, [in
order] to maintain or restore international peace and security” (1945 UN Charter, Article
39).
2.
Principles of Security Council – The Security Council shall uphold the
“Responsibility to Protect” doctrine of conventional international law as an obligation
of both sovereign States and intergovernmental organizations, that:
(a)
“Each individual State has the responsibility to protect its populations
from… crimes against humanity”, including “prevention of such crimes [and] their
incitement” (2005 World Summit Responsibility to Protect, Article 138); and
(b)
“The international community… also has the responsibility… to take
collective action, in a timely and decisive manner, through the Security Council… should
peaceful means be inadequate and national authorities fail to protect their populations”
(2005 Responsibility to Protect, Article 139).
Accordingly, the Peace & Security Council shall operate on the universal principle
of “preventing armed conflict and its recurrence” by “cooperation of Member States”
with a “comprehensive and coordinated approach” (2006 UN-SC Protection of Civilians
in Armed Conflict, Article 2), endeavouring to fulfill “the increasingly valuable role
[which] intergovernmental institutions play in the protection of civilians” and national
sovereignty (Article 24).
27
3.
Presidency of Security Council – Conventional law mandates that “faithful
observance of the principles of international law… is of the greatest importance for the
maintenance of international peace and security” (1970 Declaration on Law of
Cooperation of States, Preamble: ¶5), and mandates the full and effective
“implementation of existing legal obligations under international human rights law”
(2005 Right to Remedy for Human Rights, Preamble: ¶8).
Accordingly, the primary function of the Peace & Security Council must be to
apply existing rules of codified international law to resolve or intervene in conflict
situations, and all its decisions must be based upon established international law.
Therefore:
(a)
Presiding Court – The Presidency of the Security Council shall not be held
by any State, but shall be vested in the Sovereign Court of International Justice (SCIJ) as
an independent and neutral arbitrating Official Body, such that Sessions of the Security
Council shall be hosted by a Presiding Judiciary Official of the High Court.
(b)
Presiding Official – The Sessions of the Security Council shall be presided
over by a Presiding Justice of the SCIJ High Court, who shall be either the Chief Justice,
or another senior Judiciary Official appointed by the Chief Justice from time to time,
such as the Chief of Judiciary Security, or one of the Presiding Judges of the Court.
(c)
Judiciary Guidance – During the course of proceedings, the Presiding
Justice may provide advisory and supervisory guidance on relevant principles of
international law.
(d)
Non-Voting Role – The Presiding Justice does not vote on any deliberations
of the Security Council. However, in the case of a “tie vote” of the Council, the Presiding
Justice may exercise a tie-breaking vote, or else the matter is suspended.
4.
Permanent Council Members – Non-Aligned Movement (NAM) principles
mandate that the Peace & Security Council should prevent the influences of
entanglements by “collective defense” treaties, which “serve the interests of big
powers” by “exerting pressures” on other States (1955 NAM Bandung Conference, G-
6). As a result of the modern proliferation of such treaties, most territorial States have
a conflict of interest, precluding their capacity for neutral and objective deliberations
on geopolitical or geostrategic matters of international security. Therefore:
(a)
Permanent Members – The Permanent Members of the Security Council
shall be comprised of those Member States which are sovereign Historical States, being
non-territorial, or having only nominal or symbolic territorial presence, free of any
related geostrategic interests and entanglements, thus without geopolitical conflicts of
interest.
28
In customary law, such non-territorial States retain sovereignty and statehood
precisely for representing the moral traditions and values of humanity, which cannot be
acquired by mere territorial conquest. Such Historical States are thus optimally
positioned to effectively serve as neutral and objective arbiters of conflicts.
(b)
Representing Humanity – The Permanent Members of the Security Council
shall serve as an independent mediating and adjudicating body for international peace
and security, representing the interests of humanity, based upon universal moral
principles and inter-faith religious principles of right and wrong, under the Rule of Law.
(c)
Qualification of States – All non-territorial Historical States as Member
States of Organization, which are qualified by having an established and operational
Ministry of Security or Ministry of Justice, and are prepared to assign a dedicated Crown
Officer or Special Envoy to serve on the Security Council, shall be installed as Permanent
Members by an act of the SCIJ as the Presidency of the Council.
(d)
Rotating Participation – All qualified non-territorial Historical States as
Member States who agree to assign a delegate shall be registered as Permanent
Members of the Security Council, without limitation on the total number of States.
However, the number of Permanent Members actively participating in each Session
shall be limited to 10 States, serving on a rotating basis.
5.
Deliberating Affected States – Conventional law mandates that “States
shall… seek… settlement of their international disputes by negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement… or other peaceful means”
(1970 Declaration on Law of Cooperation of States, 2nd Principle), such that a Security
Council should include in its deliberations all States involved in a given matter.
Non-Aligned Movement (NAM) principles mandate that “representation… on [a]
Security Council” should be “equitable” and “adequate”, by including all States involved
in a given matter (1955 NAM Bandung Conference, Section F, Point 1; 1961 NAM 1st
Summit Declaration, Article 24), and that a Security Council should “fulfill the role… in a
transparent and equitable manner” (2006 NAM 14th Summit Declaration, Article 8(k)),
as “a more democratic, effective, efficient… representative body” adapting to
“geopolitical realities” (2016 NAM 17th Summit Declaration, Article 10).
For a Security Council to be “equitable” and “adequate” for dealing with practical
“realities”, it must include Deliberating States which have a substantial connection to
each matter; For a Security Council to be “effective” and “efficient”, it must consist of
as few Deliberating States as possible, to avoid delays from unnecessary process and
bureaucracy on matters of extreme urgency.
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The purpose of a Security Council is to serve as an arbiter providing practical
solutions for international peace and security in the interests of humanity, not to award
participation status to States as political recognition. The role of Deliberating States is
to contribute relevant knowledge and experience on a given matter to support the work
of the Security Council, not to demonstrate their own political status.
Therefore, the Deliberating States of the Peace & Security Council shall be
determined and shall participate as follows:
(a)
States Involved in Matter – All States, and only such States, which are a
direct subject of or participant in a given security matter, or are imminently expected to
be directly affected by the matter, or have an identifiable claim to a specific and
substantial interest in the matter, shall be invited to participate as Deliberating States
for the Session of the Council dealing with that matter, on a case-by-case basis.
(b)
States for Intervention – As and when another State, which does not
otherwise have a direct involvement or interest in the matter, may be identified as
especially well positioned to provide capabilities for any potentially necessary
intervention measures, then such State shall be invited to participate as a Deliberating
State for the Session of the Council dealing with the given matter.
(c)
Determined by Council – The identification and invitation of the relevant
Deliberating States for a Session on a given matter shall be determined by the
Permanent Members of the Security Council.
(d)
Provision for Non-Members – The selected Deliberating States which are
Non-Members of Organization shall be invited with a grant of temporary status as
Honourary Members authorized for participation and voting in the relevant Session of
the Council, to ensure that no affected State shall be excluded from deliberations.
6.
Referendum to Member States – In any escalating security matter for
which the expected events, effects or consequences apparently cannot be contained
among the Deliberating States or within an isolated region, and thus are broadly
international in scope, then the Permanent Members of the Security Council shall call
an Emergency Session of the Representative Council of Member States, formulate and
submit a Referendum for voting by the full body of Member States, and provide a
summary and copies of relevant evidence to that Council for informed voting. The
results of the Referendum shall then be reported to the Security Council to implement
appropriate resolution, action or intervention measures.
30
7.
No Veto Power by States – Conventional law declares the absolute
“principle of sovereign equality of States” (1970 Declaration on Law of Cooperation of
States, 6th Principle), such that no State can legitimately hold veto power over another
State under any circumstances. Accordingly, on the Peace & Security Council no States
shall have any veto power over the deliberations.
8.
Judiciary Limited Veto – Conventional law gives special powers and
authorities to an “independent” Court which is an “international” institution (1948
Declaration of Human Rights, Articles 10, 28), having “exclusive authority” for its
“jurisdiction over all issues” of international law, free from any and all “influences” of
individual States (1985 Principles on Independence of the Judiciary, Articles 2, 3, 4).
Only an “intergovernmental organization” (IGO) of the Independent Judiciary can
exercise “independent Judicial authority” as an “international body” (1998 Right to
Protect Human Rights, Articles 5(c), 9.2, 9.4). Only such “international Judicial organs”
possess “universal jurisdiction”, being “other bodies” independent from influence of
any States, having their own “international processes” (2005 Right to Remedy for
Human Rights, Articles 4, 5, 12, 14).
Accordingly, only a properly formed International Court has supra-governmental
jurisdiction to exercise veto power over sovereign States. Therefore, all Resolutions of
the Peace & Security Council on substantive non-procedural matters shall be subject to
ratification or veto by the SCIJ High Court.
The Presiding Justice may exercise this Judiciary veto, as a limited veto power, on
the basis of an identified and articulated principle of international law giving rise to a
reasonable expectation that the SCIJ High Court would rule that the Resolution violates
or would cause a violation of international law.
The Judiciary limited veto is subject to override by a two-thirds vote of the
Representative Council of Member States, thereby ratifying the subject Resolution of
the Peace & Security Council (1950 UN Res. 377 Uniting for Peace, Section A-1).
9.
Judiciary Support of the Council – As the Official Body serving as the
Presidency of the Peace & Security Council, the Sovereign Court of International Justice
(SCIJ) shall provide the following Judiciary support for Sessions of the Council:
(a)
Advisory Opinions – Upon the request of the Security Council or upon its
own initiative, the SCIJ High Court may issue Advisory Opinions identifying relevant
international law, and advising how such law may be determinative for resolution of, or
intervention in, a conflict or dispute. For this purpose, the Court may adopt and certify
external Barristers Opinions as endorsed Advisory Opinions.
31
(b) Declaratory Judgments – Upon the request of the Security Council or upon
its own initiative, the SCIJ High Court may issue Declaratory Judgments establishing
universal doctrines of international law which the Court will enforce, putting all States
on legal notice that such law will govern any related disputes.
(c)
Party to Legal Actions – In cases where an aggrieved State may appear
unwilling or unable to do so, the Security Council itself may take legal action by initiating
Judiciary process, as plaintiff or complainant against a violating State as defendant, in
the SCIJ High Court.
(d)
Judiciary Investigation – Any investigations initiated by the Security Council
may be referred and thereby delegated by the Security Council to the Chamber of
Instruction Judges of the SCIJ High Court for Judiciary investigation. The Chamber shall
coordinate with and report back to the Security Council.
(e)
Judiciary Enforcement – Any Contempt Orders, and additional Resolutions
or Directives for enforcement issued by the Security Council, may be referred to the
Chamber of Compliance Judges of the SCIJ High Court for Judiciary enforcement.
10.
Statements Under Penalty of Perjury – Conventional law strictly requires
that all “States have the duty to refrain from propaganda for wars of aggression” which
“constitutes a crime” (1970 Declaration on Law of Cooperation of States, 1st Principle:
¶2-3), and the duty “to abstain from any… hostile propaganda for the purpose of
intervening or interfering in the internal affairs of other States” (1981 Declaration on
Interference in Internal Affairs of States, Article 2(II)(j). This mandatory obligation is
most important for, and thus especially must apply to, all deliberations on the Peace &
Security Council. Therefore:
(a)
Automatically Under Oath – All statements, whether in documents or
presentations, made to the Security Council are necessarily, inherently and
automatically given under Oath, under penalty of Perjury. The Security Council may
issue Contempt Orders, and additional Resolutions or Directives for enforcement,
against any acts of committing, promoting or supporting Perjury to the Council.
(b)
Fullest Liability for Perjury – Any of the Deliberating States which by its
delegate commits a Perjury, which becomes a false basis or justification for any military
intervention authorized by the Security Council, shall be held accountable with full legal
and geopolitical liability, as if that perjuring State itself committed an act of aggression
in violation of international law.
11. Operational Protocols of Sessions – The Peace & Security Council shall
conduct its Sessions on particular matters based upon the following operational
protocols:
32
(a)
Preliminary Investigation – The Security Council may conduct its own
preliminary fact-finding investigation of any reported situation which might give rise to
a conflict or dispute which is likely to endanger the maintenance of international peace
and security (1945 UN Charter, Article 34), and for this purpose may call a Special
Session on a situation which is not yet referred as a matter.
(b)
Referral of Security Matters – Matters which presently or may potentially
or are expected to endanger international peace and security may be referred to the
Security Council by the Sovereign Court of International Justice (SCIJ), the Office of the
Inspector General (OIG), Emergency Relief Agency (ERA), the Representative Council of
Member States, or by individual Member States.
Such matters may also be referred by a Non-Member State which is a party to the
dispute or conflict, if for the purposes of the matter it accepts in advance the Founding
Principles and Governing International Law of this present Sovereign Charter of
Organization (1945 UN Charter, Article 35.2).
(c)
Investigation of Matters – The Security Council may conduct its own formal
fact-finding investigation of any referred matter or any reported situation as a potential
matter, possessing the power to issue binding subpoenas and discovery orders to
compel witness testimony, produce evidence, and provide access to investigators for
site surveys or inspections.
(d)
Notice of Security Sessions – The Prime Minister, upon notice from and
consent of the Security Council, shall notify the Representative Council of Member
States of any Session of the Security Council opened on a matter, and when such Session
is closed on each matter.
(e)
Delegates and Equal Voting – Each Permanent Member and Deliberating
State participating in Sessions of the Security Council shall be represented by only one
delegate. Each State participating on the Security Council equally shall have one vote
(1945 UN Charter, Articles 23.3, 27.1).
12. Decisions of the Security Council – The Peace & Security Council may issue
the full customary range of Resolutions and Directives for preventative or enforcement
actions, including the following:
(a)
Preliminary Directives – When appropriate, without unduly increasing the
risk of damages or harm from delay, the Security Council may issue a Preliminary
Directive for States parties to a conflict to settle their dispute by diplomatic negotiation
or mediation, or through Judiciary process of the SCIJ High Court.
33
(b)
Provisional Directives – Before deciding upon measures for intervention or
enforcement, the Security Council may issue a Provisional Directive for States to comply
with provisional measures, which shall be without prejudice to the rights, claims or
positions of the States involved or affected by the matter.
(c)
Intervention Measures – The Security Council may issue Resolutions
authorizing or Directives mandating active measures and intervention, including by the
use of armed force, as may be necessary to maintain or restore international peace and
security, for neutralizing sources, causes and capabilities of aggression, defending
civilians, and protecting legitimate defensive personnel opposing aggression. Such
decisions by the Security Council may call upon Member States to apply such measures
or intervention to prevent, contain or resolve a security matter.
(d)
Voting on Decisions – All Decisions of the Security Council shall be made
by a simple majority vote of the Permanent Members and Deliberating States.
13. Empowered by Member States – In order to ensure prompt and effective
action in matters of international security, all Member States of Organization confer
upon the Peace & Security Council the primary responsibility for the maintenance of
international peace and security, and agree that in conducting this essential function it
is authorized and empowered to act on their behalf. All Member States also agree to
fully cooperate with the investigations of, and to accept and implement the decisions
issued by, the Security Council. (1945 UN Charter, Articles 24.1, 25)
14. Capabilities Supporting Measures – In addition to the operational
capabilities of Member States to implement preventive or enforcement measures, the
Peace & Security Council may outsource and maintain its own capabilities, through
agreements with cooperating Observer or Non-Member States, or partnerships with
government contracting enterprises in the private sector. In the event that the Security
Council decides to implement measures, but Member States are practically or politically
unable to do so, then the Council may utilize and mobilize its own capabilities on behalf
of the Member States of Organization.
Organization shall assert its diplomatic immunities to protect any private
government contractors providing capabilities and implementing any measures for the
Security Council, on the basis that conventional law requires that such immunities must
fully apply to government contractors as “instrumentalities… performing acts in the
exercise of sovereign authority” of Organization as an intergovernmental State (2004
Convention on Jurisdictional Immunities of States, Article 2.1(b)(iii)).
34
15. Military Service Commission – The Peace & Security Council may establish
and maintain a Military Service Commission (MSC) under its direction, by Special
Sessions of Permanent Members with relevant Deliberating States called for that
purpose. The Military Service Commission shall advise and assist the Security Council
on all matters relating to military requirements for the maintenance of international
peace and security, and the use and command of such forces. The Commission shall be
responsible for strategic command of any armed forces and operational capabilities
under direction of the Security Council. (1945 UN Charter, Article 47).
Article 23 – Directorate General
1.
Composition – The Directorate General of Organization (referred to simply
as the “Directorate”) is composed of the Office of the Prime Minister, the Office of the
Inspector General, and all other Ministries and Agencies of Organization. Appointments
of Officials and Staff of the Directorate are based upon evaluation of competence,
integrity and professionalism, subject to security clearances, and are formalized and
implemented by the Directorate.
2.
Administration – The Directorate is in charge of directional management
of the ordinary and extraordinary operations and activities of Organization. It provides
record keeping of the initiatives, deliberations and resolutions of the Representative
Council, and general administrative support for the functioning of the Council. The
Directorate manages all Officials, delegates and envoys of Organization, and establishes
all of its delegations, representative units, and observer missions.
Article 24 – Office of the Prime Minister
1.
Authorities as Branch of Government – The Office of the Prime Minister
(OPM) serves as the primary Executive Branch of the IGO government, as the
management side of the Directorate General. The OPM functions as the highest
authority for general operational activities and administrative governance throughout
Organization as an IGO institution, and for coordination of interrelated operations of its
autonomous IGO Official Bodies.
Accordingly, the OPM is thus the chief governing authority of the collective IGO
institutions, answering only to the Office of the Inspector General and the
Representative Council.
35
2.
Composition – The Office of the Prime Minister (OPM) is composed of the
Prime Minister, together with all Ministers of the Cabinet (of Ministries), and other
Officials and Staff appointed to assist and support the operations of the Prime Minster.
The Prime Minister nominates and coordinates all Ministers, other Officials and Staff of
the OPM, subject to security clearances.
3.
Sphere of Mandate – The primary responsibility of the Office of the Prime
Minister (OPM) is to uphold and advance the humanitarian missions of the institutions
as effective participants in the international community.
4.
The Prime Minister – The Prime Minister must be a qualified member of
the Governmental or Diplomatic professions, the Independent Legal Profession or
Independent Judiciary Profession, or a relevant Academic profession, preferably holding
doctorate level academic degrees. The Prime Minister shall be an elected official,
nominated and elected by a two-thirds vote of the Board of Trustees, and ratified by
majority vote of the Office of the Prime Minister, subject to a security clearance.
5.
Temporary Appointment – In the event of abeyance of the Office of the
Prime Minister (OPM) or vacancy of the position of Prime Minister, or to accommodate
a voluntary temporary sabbatical or early retirement, the Board of Trustees may appoint
an interim Acting Prime Minister, pending new nominations and election of the Prime
Minister.
In the event of unavailability or inaccessibility of the Prime Minister, where an
interim appointment is pending or unwarranted, the Chancellor of the Representative
Council of Member States shall serve as Acting Prime Minister, as and when needed,
upon the request of the Office of the Inspector General (OIG).
6. Minister of the Cabinet Office – The Minister of the Cabinet Office must be
a qualified member of the Governmental or relevant Academic profession, responsible
for overseeing and coordinating the work of the Cabinet of Ministers (of Ministries), and
convening working Sessions of the Ministers of portfolio as and when needed, thus
constituting the Cabinet Office of the Office of the Prime Minister.
7. Ministers of State Under OPM – Ministers of State for designated
portfolios, or without portfolio, may be appointed for special Ministers who do not
govern a Ministry as a subdivision of the Directorate General, but rather carry a special
portfolio of operations within the Office of the Prime Minister (OPM).
36
Article 25 – Office of the Inspector General
1.
Authorities as Branch of Government – The Office of the Inspector General
(OIG) serves as the primary Branch of the IGO government for State Security and Legal
Security, as the law enforcement and investigations side of the Directorate General. The
OIG specializes in Constitutional matters involving the IGO Charter, and matters of
Sovereignty, Diplomatic Security and Judiciary Security. The OIG functions as the
highest authority for operational security and legal affairs throughout Organization as
an IGO institution, and for the protection of its autonomous IGO Official Bodies.
Accordingly, the OIG is independent from the Office of the Prime Minister,
answering only to the Board of Trustees and the High Council of the Independent
Judiciary (HCIJ).
2.
Composition – The Office of the Inspector General (OIG) is composed of
career State Security professionals, qualified Legal professionals of relevant experience,
and authorized representatives of the Board of Trustees, supported by qualified
Professors of the Law Faculty of Ignita Veritas University.
3.
Internal Operational Security – The Office of the Inspector General (OIG)
serves as the operational security and investigations agency for Organization, providing
for all aspects of its internal affairs at all levels. Its primary responsibility is to protect
the integrity of Organization and its collective institutions, by ensuring observance and
proper application by all Members, Officials and Staff of the Founding Principles, Charter
and Statutes of Organization.
Its underlying mandate is to uphold the rights and interests of the Board of
Trustees in preserving and protecting the proprietary critical infrastructure resources of
Organization and its collective IGO institutions.
4.
External Judiciary Security – The special mandate of the OIG is to provide
external Judiciary support, protecting the integrity of the Independent Judiciary
Profession, ensuring non-interference with supra-governmental Judiciary sovereignty,
and securing the independent Judiciary institutions as autonomous Official Bodies
supported by infrastructure resources of the host Organization, thereby serving as an
external Judiciary Security Agency.
5.
Determinations of Status – Any and all determinations of qualification,
approval, grant or loss of status, pertaining to active service of Officials and Staff of
Organization, shall be made by the Office of the Inspector General (OIG).
37
6.
Security Clearances – Any and all prerequisite or underlying Security
Clearances, for election or appointment of Officials or Staff of Organization and its
Official Bodies, Ministries and Agencies, shall be evaluated, determined and issued,
subject to revocation for cause, by the Office of Inspector General, upon the advice and
counsel of the relevant department or institution of Organization.
7.
Corrective Measures – The Office of the Inspector General (OIG) is
empowered to impose corrective measures, by intervention in any and all actions or
activities which may be incompatible with the Founding Principles, Charter and Statutes
of the Organization.
Such measures are initially implemented by a written Notice or Directive issued
by the OIG, and may be supplemented or escalated by the Inspector General obtaining
a clarifying or corrective instruction from the Office of the Prime Minister (OPM).
If a situation persists, then measures by the Office of the Inspector General (OIG)
may include restricting the participation of non-compliant Members, or ensuring the
cessation of functions of non-compliant Officials or Staff.
8.
The Chief Inspector General – The Chief Inspector General must be a
qualified member of the Independent Legal Profession, with relevant experience
suitable for a State Security professional, preferably holding doctorate level academic
degrees. The Chief Inspector General shall be elected and established by the Board of
Trustees. The Chief Inspector General may unilaterally and directly appoint all other
Officials and Staff of the Office of the Inspector General (OIG), upon the advice and
counsel of the Office of the Prime Minister (OPM).
9.
The Special Inspector General – The Special Inspector General serves as
the acting substitute for the Chief Inspector General, automatically holding full authority
of that office in the event of unavailability or inaccessibility of the Chief Inspector
General, and shall serve as Acting Chief Inspector General in the event of vacancy or
sabbatical of that position, pending establishment of the new Chief Inspector General.
38
Article 26 – Founding Board of Trustees
1.
The Founding Board of Trustees of Organization, referred to by the short-
form “Board of Trustees”, is composed of the appointed representatives of multiple
independent boards, as the consolidated unified management structure of the external
founding educational and humanitarian institutions, law firms and security firms which
originally established and developed Organization and its institutions throughout the
primary formational 20-year period from 1997-2017.
2.
The Board of Trustees, governed by its own separate Charter, represents
the collective rights and interests arising from the history of foundations of
Organization, managing the resulting proprietary licensing rights and strategic assets as
its underlying critical infrastructure resources. The Chief Inspector General of
Organization shall serve as the Primary Proxy Trustee Power of Attorney authorized to
represent the Board of Trustees.
Article 27 – Infrastructure by Domestic Foundations
1.
Operations by Subsidiary Legal Entities – An IGO is legally established by
Charter as an official legal entity in its own right by customary law. In addition, an IGO
may also conduct operations through subsidiary legal entities, which may be registered
or incorporated in various territorial countries:
Subsidiary legal entities of an IGO constitute its “property” in the form of
“instrumentalities” as “other entities” used to “exercise [its] sovereign authority” (2004
Jurisdictional Immunities of States, Article 2.1(b)(iii)). An IGO has protected sovereign
rights to “freely exercise full… possession [and] use” of subsidiary legal entities as its
property resources for operations (1974 Economic Rights and Duties of States, Article
2.1).
2.
Independent from Registration or Licensing – As an intergovernmental
organization (IGO) and sovereign subject of international law possessing inherent supra-
governmental and non-territorial statehood, the public juridical entity of Organization
shall not be reduced to any mere domestic registration or incorporation in any country.
The use of any such registration or related licensing shall not be construed as any waiver
of sovereignty, nor as any subjugation to nor dependence on, the jurisdiction or
influence of any territorial State.
39
3.
Representation by Registered Foundations – Organization, by and through
its Board of Trustees, may establish or appoint one or more of an incorporated not-for-
profit (“non-profit”) legal entity (hereinafter “Foundation”) registered in any State of its
operations, as a representation for Organization.
For practical purposes which, by various statutory laws and practices of States,
typically require an incorporated legal entity to receive or exercise certain rights or
benefits, each such Foundation shall serve as the registered entity, as a subsidiary or
affiliate representation and fiduciary trustee of Organization as a sovereign IGO of
independent statehood.
4.
Operations by Common Law Trust Entities – Organization may also
operate through affiliate unregistered Non-Profit Trusts in Common Law jurisdiction
(1948 Declaration of Human Rights, Articles 17.1, 20.1; 1985 Convention on Law of
Trusts, Preamble, Article 11). Such Common Law entities have the protected right to
operate and conduct economic activity (1998 Declaration on Right to Protect Human
Rights, Articles 2.1, 5(b), 8.1, 10) specifically “the right… to receive and utilize resources”
(Article 13).
5.
Infrastructure Management by Entities – For any operational purposes, as
and when deemed necessary or beneficial by the Board of Trustees, each relevant non-
profit Foundation or Trust shall provide trust management of infrastructure rights or
resources on behalf of Organization, including operating banking facilities, providing
payment processing services for non-profit donations, holding any relevant licenses or
certifications, registering and documenting tax-deductibility of non-profit donations
and tax-exemption of charitable budgets, and any other practical functions.
6. Management of Entities & Licenses – All legal rights and interests in the
representative Foundations or Trusts and any related licenses shall be held and
managed by or on behalf of the Board of Trustees of Organization, which has the
exclusive and primary responsibility and authority for maintaining critical infrastructure
resources.
40
Article 28 – Official Bodies of Organization
1.
Official Bodies as Separate Legal Entities – As evidenced by the 1969
Convention on Law of Treaties, an “intergovernmental organization” (Article 2.1(i)) may
have autonomous Official Bodies which are treated as “other subjects of international
law” (Article 3), which may also exercise sovereignty as separate “parties” to
“international agreements” (Article 3(c)), as established by this treaty as their
constituent Charter (Article 5), and which may be represented by Organization as the
host institution (Article 36).
2.
Official Bodies Created as Autonomous – Official Bodies are autonomous
subdivisions of Organization as an IGO institution, thereby possessing the full
governmental capacity and official authorities of Organization, and the full support of
its Member States and Member Institutions, while maintaining political and operational
independence, thereby constituting separate IGO institutions in their own right under
customary international law.
3.
Establishment of Official Bodies – Official Bodies, in addition to those
established in the present Charter, may be instituted by the Office of the Prime Minister
(OPM) together with the Office of the Inspector General (OIG), by means of issuing a
joint Resolution.
4.
Autonomous Statutes of Official Bodies – While Official Bodies derive their
sovereign official capacity as IGO institutions from the present Charter, the operations
of each Official Body shall be governed by its own autonomous Statutes, enacted by its
own senior officials, subject only to approval by the Chief Inspector General with the
advice and counsel of the Prime Minister.
5.
The Directors General – For each Official Body of Organization, the Office
of the Prime Minister (OPM) and the Office of the Inspector General (OIG) shall jointly
appoint a Director General, or other appropriate title for its Chief Executive officer, for
oversight and management of administration of its sovereign intergovernmental and
diplomatic infrastructure.
41
Article 29 – Ministries and Agencies of Organization
1.
Establishment of Ministries – Ministries may be established as subdivisions
of the Directorate General, functioning as managing administrations dedicated to a
portfolio of governance of a sphere of operations of Organization. Each Ministry shall
be headed by a Minister designated by its portfolio.
2.
Establishment of Agencies – Agencies may be established as subdivisions
of the Directorate General, functioning as specialist working groups dedicated to a
sphere of operations of Organization, or as autonomous institutions of Organization.
Each Agency shall be headed by a Director designated by its sphere of operations.
A Ministry of a particular portfolio, or an Agency of a particular specialization,
shall be established or restructured by an Executive Act of the Prime Minister.
3.
Charters of Subdivisions – The authorizing Executive Act shall serve as the
basic Charter for that subdivision which it creates, or may provide that the subdivision
may have its own separate Charter for detailed operations. Such separate Charter shall
be developed under and ratified by the Minister or Director, with approval of the Prime
Minister. For any Ministry or Agency constitutionally established by this Sovereign
Charter, the IGO Charter serves as such Act.
2.
Appointment of Officials – Ministers of each Ministry, and Directors of
each Agency, shall be appointed by the Office of the Prime Minister with approval of the
Office of the Inspector General. Supporting Officials serving under each Minister or
Director may be appointed by the Office of the Prime Minister, subject to security
clearances.
Article 30 – Ministry of Justice and Prosecutions
1.
Authorities of Ministry of Justice – The Ministry of Justice is hereby
established as a subdivision of the Directorate General, dedicated to the functions of
administering the Rule of Law and Justice. Its primary authority is for handling general
legal aspects of the operational and organizational affairs and transactional matters of
Organization, and providing for public prosecutions in the SCIJ High Court.
2.
The Minister of Justice – The Minister of Justice must be a qualified
member of the Independent Legal Profession, with relevant experience suitable for an
institutional general counsel, and relevant experience with Court cases or criminal law
suitable for supporting prosecutions.
Sovereign Charter
of the
Intergovernmental Organization (IGO)
Ignita Veritas United
“IVU”
Revised Consolidated Charter of 09 June 2023
Issued by the Directorate General
© 2016, 2023 Ignita Veritas United (IVU). All International Rights Reserved.
The present work is established by proprietary research. The 1979 “Berne Convention” fully protects
academic research (Art. 2.1) including selection and arrangement of research (Art. 2.5) and prohibits
unauthorized derivative works (Art. 2.3) or adaptations of research (Art. 12). All unauthorized republication
or distribution including online is illegal (Art. 9). “Fair Use” does not permit infringement for unfair
competition by another governmental or non-profit organization (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Preamble: Timeless Humanitarian Principles
Analysis of the Modern Situation
The Representative Council of Member States,
Considering that during the past 100 years since the League of Nations (1920), the
institutions of the modern international organizations appear to be restricted by their
own charters, as if designed to be mostly symbolic, and seem to be distracted from their
declared founding principles of human rights and national sovereignty;
Understanding that the modern international organizations are increasingly
perceived as dominated by private interests and political factions, promoting agendas
of neo-feudalism against human rights, and neo-colonialism against national
sovereignty, appearing to undermine their founding principles;
Acknowledging that those dominant institutions, originally intended to uphold
international law and rights, in practice seem to progressively accept suppression of that
body of law and rights, allowing subversion of their charters, undermining their
credibility and authority.
Remembering that evil is often done falsely in the name of good, as explained by
the warning of Countess Marie von Ebner-Eschenbach, that “Little evil would be done
in the world, if evil never could be done in the name of good” (1880).
Reaffirming the responsibility of humanity to stand up against evil, as explained
by the warning of Sir Robert Murray Hyslop, that “The only thing necessary for the
triumph of evil is that good men should do nothing” (1920);
Applying the wisdom of Buckminster Fuller, that “You never change things by
fighting against the existing reality. To change something, build a new model that makes
the existing model obsolete” (1982);
Observing that the modern dominance of national statutory laws has increasingly
suppressed many millennia of true jurisprudence of customary international law, and
displaced even its codification into modern conventional international law, causing the
Rule of Law of human rights and national sovereignty to be all but forgotten;
3
Witnessing the resulting progressive escalation of the systematic dismantling of
human rights and national sovereignty, which has become self-evident in modern world
events, advancing agendas driven by manufactured crises and propaganda, while real
needs of genuine humanitarian crises have been essentially ignored;
Have recognized the following solutions to modern problems:
The Path Forward with Solutions
The Representative Council of Member States,
Recognizing the necessity of the principles of the Non-Aligned Movement (NAM)
of free and independent States, in its founding principles from 1955 and its declarations
of summits since 1961, as the solution to the problems of neo-colonialism and neo-
feudalism, requiring new institutions for enforcement of human rights and national
sovereignty;
Restoring the NAM founding principles from the “Bandung Conference” (1955),
that diplomatic relations between individual States should be preferred as
strengthening national sovereignty, while relations through treaty organizations serving
the interests of dominating States or private political factions should be contained as
undermining sovereignty (Sections A-1, B-6, G-6);
Undertaking the mandate of the NAM “Belgrade Declaration” (1st Summit, 1961),
for “the transition from an old order based on domination to a new order based on
cooperation”, led by “new emerging nationalist forces” (Preamble: ¶3);
Fulfilling the mandate of the NAM “Kuala Lumpur Declaration” (13th Summit,
2003), to “establish new” intergovernmental institutions as “an enabling environment”
for “democratization of international governance”, “through [such] new mechanisms”
(Preamble: ¶6; Section 1: Point 4; Section 2: Points 4, 12), and the mandate of the NAM
“Havana Declaration” (14th Summit, 2006), for such new institutions to serve as
“frameworks” providing infrastructure, as the vehicle for implementing NAM principles
(Articles 5, 9(s));
Celebrating the power of the growing awakening of the Peoples of the Nations,
recognized by the NAM “Belgrade Declaration” (1961), that “people are becoming
increasingly conscious”, and “awareness of peoples is becoming a great moral force,
capable of exercising a vital influence on the development of international relations”,
by asserting “the will of their peoples” (Preamble: ¶8-9).
4
Emphasizing the supremacy of inalienable human rights and fundamental
freedoms in customary international law since ancient times, and the warning in the
“Universal Declaration of Human Rights” (1948), that “it is essential, if man is not to be
compelled to have recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the Rule of Law” (Preamble: ¶3);
Highlighting the primacy of national sovereignty of free and independent States
representing the human right of self-determination of peoples, and the warning in the
“Declaration on Interference in Internal Affairs of States” (1981), that “any violation of
the principle of non-intervention and non-interference in the [sovereign] affairs of
States poses a threat to the freedom of peoples” (Preamble: ¶7);
Implementing the mandate in the “Declaration on the Right and Responsibility to
Protect Human Rights” (1998), that “Everyone who, as the result of [one’s] profession,
can affect the human dignity, human rights and fundamental freedoms of others, should
respect those rights and freedoms” (Article 11);
Advancing the mandate in the “Principles on the Right to a Remedy for Human
Rights Violations” (2005), to finally achieve the full and effective “implementation of
existing legal obligations under international human rights law” (Preamble: ¶8), as the
necessary means to reclaim and reassert the rights of the Peoples of the Nations.
Reasserting the recognition in the “Convention on the Law of Treaties” (1969),
confirming the status and role of an “intergovernmental organization” (Article 2(1)(i)),
and of sovereign historical “States” as “other subjects of international law” (Article 3),
as necessary and equal members of the true international community;
Affirming that the Articles contained in this Sovereign Charter are directed at
restoring the classical institutions of human civilization, with independence and
integrity, providing a renewed infrastructure, serving as the necessary vehicles for the
empowerment and advancement of humanity, and of free and independent States;
Therefore establish the necessary restored institutions:
Establishment of the Institutions
The Representative Council of Member States,
Implementing the path forward with practical solutions to modern problems:
5
Hereby establishes the present Treaty as a Sovereign Charter, officially instituting
and legalizing Ignita Veritas United (IVU) as an intergovernmental organization (IGO),
together with its constituent official institutions.
Wherefore, We the Alliance for Humanity, standing in unity for good against evil,
for Liberty and Justice under the Rule of Law, by and for the Peoples of the Nations,
hereby dedicate Ignita Veritas United (IVU) to serve the People, by providing the
timeless institutions of the pillars of civilization, restored from the collective heritage of
humanity.
Article 1 – Intergovernmental Organization (IGO)
1.
Constitutional Charter Treaty – Ignita Veritas United (IVU) (hereinafter
“Organization”) is hereby established by this constitutional Sovereign Charter, as a
treaty enacted by its founding and acceding Member States, officially creating it as an
intergovernmental organization (IGO).
This Charter constitutes an international organization comprised of constituent
Member States and supporting Member Institutions, as the institutional vehicle for
humanitarian and geopolitical cooperation in furtherance of their common interests,
for the benefit of humanity.
2.
Intergovernmental Registration – This Charter legally serves as the official
international “registration” and “incorporation” of the legal entity of Organization, upon
the collective sovereign governmental authority of its constituent Member States, at
the supra-governmental level of conventional international law. Organization and its
Official Bodies and institutions thus do not require any further permission nor
recognition by any country for their valid legal entity status.
3.
General Powers as Legal Entity – Organization shall exercise full juridical
personality of public international law (international legal personality), possessing the
institutional legal capacity to institute legal and judicial proceedings, enter into and
enforce legal contracts and other binding agreements, and to acquire, manage and
dispose of tangible, intangible, movable and immovable property.
6
Article 2 – Legal Entity Status by Sovereign Charter
1.
Exempt from Domestic Incorporation – International law mandates that
the legal entity of an IGO is officially created and legally established by its constitutional
Charter treaty alone, and is exempt from needing any domestic registration or
incorporation in any country:
(a)
Legal Entity Created by Charter – The 1969 Convention on Law of Treaties
mandates that a constitutional Charter is a “treaty which is the constituent instrument
of an international organization” (Article 5), which thereby creates the legal entity of an
“intergovernmental organization” (Article 2.1(i)). The legal entity of an IGO is thus
classified as a “subject of international law”, because it is constituted by conventional
law, by means of a sovereign Charter (Article 3), as enacted by its founding “Negotiating
States” (Article 2.1(e)). The resulting legal status as an official legal entity, created by
Charter as a treaty, is thus fully “binding upon” all States (Article 38).
(b)
Immunity from Country Jurisdiction – Under the 2004 Convention on
Jurisdictional Immunities of States, an IGO is an “instrumentality… exercising sovereign
authority” of its Member States, thus created by joint sovereignty as a “State” in its own
right (Article 2.1(b)(iii)), thereby having “immunity… from the jurisdiction of” all other
States (Preamble: ¶1, Article 5).
Under the 1981 Declaration on Internal Affairs of States, for any country to
require a domestic registration or incorporation would violate the prohibition that “No
State [shall] interfere in any form or for any reason whatsoever in the… affairs of other
States” (Article 1).
(c)
Rights of Unincorporated Entities – Under the 1998 Declaration on Right
to Protect Human Rights, unincorporated entities in the jurisdiction of customary
international law, which are dedicated to “promoting human rights”, specifically “have
the right” to operate as private “associations or groups” (Article 5), with the right to “all
conditions necessary… to enjoy all those rights… in practice” (Article 2.1), “the right… to
have effective access, on a non-discriminatory basis, to participation in… public affairs”
(Article 8.1), and “the right… to receive and utilize resources” economically (Article 13).
Therefore, for any government or bank to require a domestic registration or
incorporation would violate the prohibition that “No one shall participate… in violating”
these rights of unincorporated entities (Article 10).
7
2.
(a) Original Date of Establishment – For all official purposes, the date
when Organization was originally established is hereby confirmed to be 21 November
2008, as the date of first incorporation of the founding non-profit entity which directly
and continually developed into the present Organization in its current sovereign
intergovernmental form.
(b)
Juridical Continuity by Charter – As a non-profit institution,
Organization was originally founded in 2008 as an educational and academic institution
for preservation of world heritage for advancement of civilization, expanded in 2012 for
supporting international law and geopolitical security, expanded in 2014 as a university
supporting human rights and the rule of law through education and scholarship, and
restructured in 2016 as an intergovernmental organization (IGO).
Accordingly, the juridical continuity of the legal entity of Organization shall
remain primarily vested in and carried through the present Sovereign Charter,
irrespective of any subsidiary incorporation in any particular State, which may be
temporary, transitory and interchangeable under this Charter.
Article 3 – Governed by Customary International Law
1.
Jurisdiction of International Law – As an intergovernmental organization
(IGO), with legal status as a sovereign “subject of international law” (1969 Convention
on the Law of Treaties, Article 3), Organization is chartered and exists by, and operates
within, the supra-governmental jurisdiction of customary international law, as
recognized by conventional international law.
Accordingly, all of the internal and external affairs of Organization, and all
interactions between and among its Member States, Member Institutions and Officers,
and their relations with Organization, as well as the present Charter, shall be governed
by application of the established principles of customary and conventional international
law.
2.
Governing Customary Law – The modern framework of conventional
international law recognizes, confirms and declares that the historical “rules of
customary international law continue to govern”, and are thus enforceable in all
countries (1961 Convention on Diplomatic Relations, Preamble: ¶5, Article 47.1; 1963
Convention on Consular Relations, Preamble: ¶6; 1969 Convention on Special Missions,
Preamble: ¶8; 1969 Convention on Law of Treaties, Preamble: ¶8, Article 38; 2004
Convention on Jurisdictional Immunities of States, Preamble: ¶5; 2005 Principles on
Right to Remedy for Human Rights, Article 1).
8
The doctrines of customary law are also enforceable as “rules... to which they
[countries] are subject under international law independently of [a] convention” (1969
Convention on Law of Treaties, Articles 3(b), 43), and as “other sources of international
law” (1948 Declaration of Human Rights, Preamble: ¶3).
3.
Sources of Customary Law – “International law” is defined as “customary
law” of “treaty, custom and precedent”, evidenced by “custom or usage” (Black’s Law
Dictionary 2nd 1910: “International Law”, p.649; “Customary”, p.310). The doctrines of
customary law are thus established by any legal or historical precedents which can be
proven from the historical record.
Where customary rules are not codified by modern conventional law, they can be
evidenced by relevant secular provisions codified in the Code of Canon Law, which is
based upon ancient customary law (Canons 2, 27, 28), from jurisprudence of the ancient
Roman and Saxon legal traditions (F. Rocca, Manual of Canon Law, The Bruce, 1959,
p.13), which became the foundations of the modern continental legal systems (H.
Berman, Law and Revolution, Harvard, 1983, p.86, p.115; M. Glendon, Comparative
Legal Traditions, West Law, 1985, p.43).
Article 4 – Sovereign Authorities of International Law
1.
Intergovernmental Sovereign Statehood – Under the 2004 Convention on
Jurisdictional Immunities of States, an intergovernmental organization (IGO) constitutes
an “instrumentality” of its Member States, authorized to perform acts “in the exercise
of sovereign authority” of its constituent Member States jointly in cooperation, and is
thus defined as a “State” possessing sovereign statehood in its own right (Article
2.1(b)(iii)), thereby possessing the same full “jurisdictional immunities” as any Nation
State (Preamble: ¶1, Article 5).
Therefore, as confirmed by the 1961 Convention on Diplomatic Relations, all
other conventions of international law determining the rights, sovereignty, privileges
and immunities of States fully and equally apply to an intergovernmental organization
(IGO), as a non-territorial state (Articles 1(i), 23.1, 30.1.).
2.
Intergovernmental Sovereign Immunities – Under the 1981 Declaration on
Interference in Internal Affairs of States, the operation of an intergovernmental
organization (IGO) constitutes the conduct of “external affairs” of its constituent
sovereign Member States, such that “No State has the right to intervene or interfere in
any form or for any reason whatsoever” (Preamble: ¶1).
9
An IGO constitutes a joint “institution” of its constituent Member States, thereby
invoking “The duty of a State to refrain from any action or attempt in whatever form or
under whatever pretext to destabilize or to undermine the stability of another State or
any of its institutions” (Section II(e)). The activities of an IGO constitute the exercise of
“The right of States to participate actively on the basis of equality in solving outstanding
international issues” (Section III(a)).
3.
Intergovernmental Diplomatic Status – Diplomatic status is invoked with
all privileges and immunities by presenting “Diplomatic Credentials” as issued (1961
Convention on Diplomatic Relations, Article 13), exempt from accreditation or embassy
registration (1961 Diplomatic, Articles 1(i), 3.1(a)), without requirement of a consular
post (1963 Convention on Consular Relations, Articles 3, 1(d), 17.1), regardless of
recognition (1969 Convention on the Law of Treaties, Articles 3, 38).
Diplomatic Officers of Organization do not engage in commerce, retaining full
immunities (1963 Consular, Article 57). Immunities fully apply by the fact of sovereignty
alone (1961 Diplomatic, Articles 22-36; 1963 Consular, Articles 40-57). High Officials
and the Directorate General hold absolute immunity regardless of scope of functions
(2002 ICJ Congo v. Belgium, §§ 51-55).
Article 5 – Institutional Character of Organization
1.
Driven by Verifiable Factual Truth – Organization is named by the
trademark Latin phrase ‘Ignita Veritas’ (pronounced ‘Ig-neet-a’), which means “Fire of
Truth” or “Light of Truth”.
This represents its foundational institutional character of developing and
promoting verifiable factual bases for empirical, historical, academic and practical truth,
as the necessary fabric of civilization. This expresses its core institutional method of
demonstrating legitimacy and asserting lawful authority through self-contained and
self-proving public statements, backed by source references, uncompromised by
political agendas.
Organization is dedicated to the principle that factual truth is essential to the
functioning of human civilization, and necessary to the collective welfare of humanity.
2.
Unity by Independent Sovereignty – As an essential part of its foundational
institutional character, the organizational culture of Ignita Veritas United (IVU) shall be
as a union of states, united by sovereignty, which is intergovernmental, but not political.
10
IVU promotes unity, without compromising sovereignty; leadership, without
centralized control;
international cooperation, without “global governance”;
sustainable development, without alienation of the rights and resources of peoples;
humanitarian support, without political conditions or dependence; charitable
patronage, without undue influence; education, without indoctrination; information,
without propaganda; scholarly research, without an agenda for private interests.
3.
Anthem of Intergovernmental State – The official State Anthem of Ignita
Veritas United (IVU) as an intergovernmental State, best expressing the institutional
character and Founding Principles of Organization, shall be the orchestral work:
“Fanfare for the Common Man”, composed by Aaron Copland (1942). This work was
inspired by a speech that same year by the American Vice President, proclaiming the
dawning of the “Century of the Common Man”, and was composed to express the spirit
of humanity rising up against evil and tyranny during World War II.
Use of this work as a State Anthem is authorized by law as “Fair Use”, for solely
humanitarian and cultural non-commercial and non-profit purposes (17 USC 107).
This Anthem shall be played for opening official special events and diplomatic
events, and may be played for opening working special sessions of the Official Bodies,
Ministries and Agencies of Organization.
Article 6 – Spiritual Character of Organization
1.
Spiritual But Not Religious – As an essential part of its institutional
character, the organizational culture and social character of Ignita Veritas United (IVU)
shall be spiritual, but not religious.
2.
Timeless Common Values – In furtherance of this interfaith spiritual
character, the international activities of Organization shall support the timeless
principles of inherent goodness, anchored in universal doctrines underlying all
traditional world religions of spirituality, through the common core values of peace,
shared prosperity, respect for humanity, consideration for animals, charity and
compassion, promoting healthy interpersonal relationships, respect for the institution
of marriage, and protection of the institution of family units.
3.
Freedom of Religion – In connection with these principles, no spiritual
religion shall be denied or suppressed in the free and open expression of its traditional
beliefs, and no such religion shall be held above another, in the context of the
institutional culture, policies and operations of Organization.
11
4.
Convocation Prayer – For all meetings of the Representative Council,
Security Council, working sessions of the Official Bodies, Ministries and Agencies, and
other working teams, upon the request of participating Member States or Organization
Officials, it is encouraged for the official proceedings to be opened with an inter-faith
convocation prayer, by the following authorized formula:
“In the name of God Almighty the Most High (Aten, Yahweh, Adonai, Allah,
Vishnu); the Son (Amun, Yeshua Jesus, Mashiach, Issa, Krishna); the Holy Spirit (Heka,
Ruach Ha-Kodesh, Ruh Al-Qudus, Paramatma), and the Angels (Neterwoo, Malachim,
Mala’ikah, Brahman):
As God and Council have called us to serve; Help us to serve humanity all the days
of our lives, as protectors of human rights and the rule of law, for so long as it shall
please God; Have mercy upon your servants, and lead us on the path of peace and
prosperity, righteousness and justice. Amen.” [*]
[ * Prayer based on: Council of Troyes of 1129 AD, Temple Rules 220, 222. ]
Article 7 – Founding Principles of Organization
The Founding Principles of Organization are based upon its institutional character
(Charter, Article 5) and spiritual character (Charter, Article 6), and are further defined
by its essential founding missions, consisting of the following:
1.
Non-Aligned Infrastructure – Organization is dedicated to fulfillment of the
Non-Aligned Movement (NAM) mandate to “establish new” intergovernmental
institutions as “an enabling environment” for “democratization of… international
governance”, “through [such] new mechanisms” (2003 NAM 13th Summit Kuala Lumpur
Declaration, Preamble: ¶6; Section 1: Point 4; Section 2: Points 4, 12), providing
necessary infrastructure as a vehicle for implementing NAM principles, serving as
“frameworks” for “multilateral” multipolar relations between free and independent
States (2006 NAM 14th Summit Havana Declaration, Articles 5, 9(s)).
2.
Official Mission Statement – The central Mission of Organization is to uplift
and empower humanity, by restoring and providing the institutions of human
civilization, secured by the universal values of integrity and inherent goodness, and
driven by the highest level of timeless and time-tested knowledge as the collective
heritage of humanity, for the advancement and prosperity of humanity and civilization.
12
This Mission requires to rediscover and reestablish free and independent
institutions, led by free and independent professions, supporting and protecting free
and independent States, for the benefit of free and independent Peoples of the Nations.
Such institutions shall be provided by Organization, as the necessary vehicles to
empower humanity to exercise its inalienable right of free will in natural law, protected
in modern international law as the human right to self-determination.
By this Mission, the institutions provided shall give humanity the freedom of
meaningful choice, to abandon the ineffective and politicized modern institutions
manipulated by dominant political factions, and choose the integrity and fairness of
classical institutions by and for The People. In this way, avoiding any need to fight
against the dominant modern organizations, Organization can focus all its efforts and
resources on providing the renewed infrastructure of human civilization.
3.
Rule of Law & Effective Justice – Supporting its Mission Statement, of
providing free and independent institutions of civilization to empower humanity, the
primary Founding Principles of Organization shall be the protection and advancement
of international law and rights, including respect for national sovereignty, upholding the
Rule of Law, preserving the Magna Carta principles that no governmental authorities
shall be permitted to hold themselves “above the law”, and ensuring meaningful access
to fair and equal Justice, with real and practical enforcement of Justice.
4.
Human Rights & Freedoms – Supporting its Mission Statement, the priority
Founding Principles of Organization shall be the protection and advancement of basic
human rights and fundamental freedoms, including respect for individual liberties
necessary to the human condition, upholding civil rights, economic rights, religious
freedom, intellectual freedom, access to education, protection of equal rights for
women, children, minorities,
indigenous peoples and disadvantaged groups,
preservation of traditional cultural identity and heritage, and defense of self-reliance on
the natural resources and agriculture of peoples.
5.
No Politicizing of Human Rights – Applying the mandate of the 2016 NAM
Margarita Declaration of the 17th Summit, that “human rights should be strengthened
by… universality [and] non-politicization… [as] human rights for all” (Article 5):
Organization shall give exclusive priority to large-scale and systemic violations of
fundamental human rights affecting the international community and the Peoples of
the Nations, and shall always give priority to basic rights which are universal to all of
humanity, and are essential to all of human civilization, before addressing any special
rights promoted by political interest groups.
13
6.
Humanitarian Activities – In furtherance of its Mission Statement and
Founding Principles, the primary activities of Organization shall be providing
humanitarian support and development programs, academic education, and other
related charitable and humanitarian projects. Such activities shall include promoting
human rights through education, including by expert training of the Legal Profession
and Judiciary Profession, and serving as a source of legal scholarship and academic
research supporting the independent Judiciary to uphold human rights internationally.
Article 8 – Statutes Governing Operations
1.
Organization may enact and publish its own Statutes under this Charter,
establishing Ministries and Agencies, programs, policies, rules and procedures, for
internal and external operations of the Organization itself (independent from individual
Member States), and asserting its lawful sovereign jurisdiction in customary
international law, on matters affecting the integrity, security, capabilities, and critical
infrastructure resources of the Organization.
2.
Such Statutes of Organization may be to implement recommendations of
the Representative Council of Member States or upon its own initiative, and shall be
approved by the Board of Trustees, enacted by the Office of the Prime Minister (OPM),
and ratified by the Office of the Inspector General (OIG), to be issued and published by
the Directorate General.
3.
Such Statutes may be titled and published in the form of an “Act” of the
Directorate General, in the manner of national laws which are Acts of Parliament.
Article 9 – Sovereignty of Official Statehood
Organization and its Official Bodies, jointly and severally, shall assert, exercise and
uphold their sovereignty of intergovernmental statehood under international law.
Accordingly, they may enter into and ratify treaties, establish official diplomatic
relations with States and other intergovernmental organizations, and maintain and
direct their own diplomatic corps, observer corps and intervention corps.
They may also issue official diplomatic passports as valid international travel
documents (subject only to visa protocols of receiving countries), which legally invoke
diplomatic privileges and immunities under international law.
14
The diplomatic status of Organization and its officers shall be duly certified by the
issuance of diplomatic credentials for its officers, which may be supplemented by
diplomatic plates for its vehicles.
Article 10 – Reservation of Waiver of Immunities
The waiver of any sovereign or diplomatic privileges or immunities of
Organization or any of its officers is exclusively reserved to its Chief Inspector General,
strictly on a case-by-case basis. Such waiver can only be effective by a formal statement
in writing issued in the official capacity as Chief Inspector General of Organization.
The waiver of any specific privilege or immunity shall be inherently limited to
apply only to the relevant subject matter of the particular case, and shall not be
construed to imply any waiver of any other privileges or immunities in the same nor in
any other case.
Article 11 – Diplomatic Relations with States
1.
Headquarters Agreements – Organization and its Official Bodies may
conclude multiple Headquarters Agreements with sovereign States and autonomous
Administrative Territorial Authorities. For Member States, the act of Accession to the
present Charter constitutes legal accession to this constitutional Charter of
Organization, and carries the inherent obligations analogous to those customarily
established by Headquarters Agreements.
2.
Diplomatic Missions Separate from Accession – Accession to the present
Charter by a Member State does not require establishing a Diplomatic Mission of
Organization in that State, such that the absence of a Diplomatic Mission does not
undermine or negate Member State status. Conversely, establishment of a Diplomatic
Mission in any State does not require its Accession to this Charter, such that the absence
of Accession does not undermine or negate Diplomatic Mission status. (1969
Convention on Law of Treaties, Article 74.)
15
3.
Agreement by Exchange of Protocol Letters – By legal effect of the present
public Charter containing this article providing the relevant constructive legal notice, all
States cooperating with Organization thereby agree that the mutual exchange of
protocol instruments (1969 Law of Treaties, Articles 2.1(a)-(b), 11, 13(a)), for Accession
to this Charter, or for establishing a Headquarters or Diplomatic Mission in such State,
or for other purposes of cooperation involving diplomatic status, shall have the effect
of constituting an international Agreement for such purpose (1969 Law of Treaties,
Articles 3(a), 13(b)), thus requiring a territorial Member State to register such
Agreement with the United Nations as a depositary for publication in shared official
databases of diplomatic relations (1945 UN Charter, Article 102.1; 1969 Law of Treaties,
Article 80.1).
4.
Regional Diplomatic Missions – In accordance with the 1963 Convention
on Consular Relations, any Diplomatic Mission of Organization in one State may exercise
its consular functions in other States, such that it may serve as and be designated as a
Consulate for a larger geographic region (Article 7).
5. Multi-Flagged Diplomatic Missions – Under the 1969 Convention on Law
of Treaties, autonomous Official Bodies of Organization may be represented by
Organization as the host institution (Article 36).
Under the 1963 Convention on Consular Relations, Organization may exercise its
consular functions also on behalf of its autonomous Official Bodies (Article 8), such that
it may establish multilateral and multi-flagged joint Diplomatic Missions (Article 29).
Under the 1961 Convention on Diplomatic Relations, an intergovernmental
organization (IGO) may appoint any Head of Mission to simultaneously represent its
autonomous Official Bodies (Articles 5.1, 5.3), and each Head of Mission may represent
its multiple Official Bodies through a joint Diplomatic Mission (Article 6), such that the
Mission may use their multiple flags (Article 20).
6.
Authority to Represent Membership – For the purposes of Organization
receiving accreditation with Consultative Status and making contributions of technical
expertise supporting other international organizations, Organization shall have
authority to speak for and represent its Member States and Member Institutions,
through executive officers of the Directorate General as its authorized representatives,
for general representation of the consultative expertise of its collective membership
(1996 UN-ECOSOC Resolution 31, Article 11).
16
Article 12 – Accession to Charter by Member States
1.
Charter as Open Multilateral Treaty – Conventional international law
defines a “Treaty” as any “international Agreement… whatever its particular
designation” (1969 Convention on Law of Treaties, Article 2.1(a)), and establishes that
all “international Agreements concluded between… subjects of international law”,
including an intergovernmental organization (IGO), have full “legal force” as Treaties
(Article 3(a)).
Accordingly, the present Sovereign Charter is officially declared to constitute an
“Open Multilateral Treaty” for all official purposes in diplomatic relations.
2.
Effect of Accession by Member States – The Accession to the present
Charter by Member States confers to Organization and its Official Bodies and Agencies
the full official recognition of its own sovereignty and juridical personality of public
international law, jurisdictional immunity and extraterritoriality of Organization and its
operations, diplomatic immunity and inviolability of all officers, premises, facilities and
property of Organization, exemption from direct or indirect taxation or customs duties
on all donations, funds, equipment and property conferred to and from Organization,
and legal capacity to institute legal proceedings in any relevant Court of jurisdiction to
enforce such sovereign privileges and immunities, without the need for concluding any
Headquarters Agreement nor establishing any Diplomatic Mission.
Article 13 – Member States
1. Member State Entities – Organization is constituted by Member States,
which may be territorial States (countries), non-territorial Nation States, other
sovereign subjects of international law, or intergovernmental organizations (IGO).
2.
Accession of Member States – Member States become part of
Organization by means of application to and acceptance by the Office of the Prime
Minister (OPM), upon the advice and counsel of the Peace & Security Council, subject
to approval by the Office of the Inspector General (OIG). Such Acceptance shall be
followed by Accession to the present Charter, by means of an exchange of diplomatic
protocol letters as provided by OIG (1969 Law of Treaties, Articles 2.1(a)-(b), 11, 13(a)).
3.
Equal Voting Rights – Only Member States hold voting rights in
Organization, and all votes shall be equal, as all nations inherently possess equal
sovereignty and must be treated equally under conventional international law.
17
4.
Joint Ministry of Human Rights – Organization shall endeavor to generate
and ensure benefits and advantages for its constituent Member States: Organization
shall serve as a de facto equivalent of a jointly shared “Ministry of Human Rights”, as a
platform for Member States to advance their related interests with greater collective
impact internationally, for the benefit of their peoples. Organization shall promote the
principles of national sovereignty as part of human rights under international law, to
benefit the independence, welfare and prosperity of the Member States.
5.
Non-Member “Associated States” of Treaties – Member State status in
Organization is not required for any State signing, ratifying or acceding to one or more
Conventions, Declarations or other Treaties of international law hosted by Ignita Veritas
United (IVU) as the sponsoring and organizing IGO. Such State parties as signatories to
an IVU Convention which are not Member States shall be classified separately as
“Associated States”.
6.
Purposes of Funding for Member States – Any and all intergovernmental
funding which Organization may procure or provide for its Member States, shall be
strictly limited to humanitarian projects for the purposes of its Founding Principles and
Mission Statement as established by this constitutional Charter. No part of any such
funding shall be used for any military capabilities of any Member State.
Article 14 – Obligations of Member States
1.
Protection of National Sovereignty – Nothing in the present Charter, nor
in any of the policies of Organization, shall be construed to diminish the absolute rights
of sovereignty of the Member States in any way: No requirement nor concession of
cooperation shall be requested nor imposed as a condition of membership which could
limit or infringe upon the sovereignty or related sovereign rights of the Member States
of the Organization under customary international law.
2.
Support of Humanitarian Principles – Member States agree to sincerely
endeavor to actively and meaningfully support, advance, and practically implement the
Founding Principles of the present Charter (Article 7), and the humanitarian missions of
Organization.
3.
Diplomatic Visa Waiver Program – Member States agree to implement a
waiver of travel visa requirements for entry of all holders of diplomatic passports of
Organization and its Official Bodies into its territory, and to register such waiver with its
relevant customs and border control agencies.
18
4.
Support of Diplomatic Status – Member States agree to establish the
appropriate embassy, consulate, honourary consulate or diplomatic representation of
Organization and its Official Bodies in its territory, and register that representation with
the United Nations to ensure that such is internationally listed in shared official
databases of accredited diplomatic relations.
5.
Contributions to Humanitarian Projects – Member States agree to
provide, arrange, facilitate or promote significant contributions to the operating
budgets of Organization, in annual amounts reasonably calculated to meaningfully
enable and support the effective implementation of humanitarian and charitable
missions and projects of Organization.
6.
Cooperation with Member States – Member States agree to provide
cooperative assistance to all other Member States, to ensure the optimal mutual
benefits to and from Organization for all of its members and missions.
7.
Disqualification for Systemic Violations – Any domestic or foreign policies,
operations or actions of a Member State which demonstrably serve to systematically
undermine or violate fundamental principles of international law or human rights, may
result in disqualification preventing Member State status.
Any State which manifests indications of existing violations or ongoing policies
undermining international law or human rights, but which demonstrates a policy of
meaningful substantive reform, and commits to engage in cooperation with
Organization for restoring the rule of law and human rights internationally, may be
accredited as a supporting non-voting Observer State.
Any State which is generally considered a geopolitically dominant country, or is a
member of an alliance of such countries, which may be incompatible with the founding
principles of the Non-Aligned Movement (NAM) of free and independent countries, may
be accredited as a supporting non-voting Observer State.
8.
Revocation of Member State Status – For any failure or violation of
Obligations establishing reason for Disqualification, Member State status may be
suspended, revoked, or otherwise terminated by the Office of Inspector General (OIG),
upon the advice and counsel of the Office of the Prime Minister (OPM).
A Member State against which preventative or enforcement action has been
taken by the Peace & Security Council may be suspended from membership status by
the Representative Council of Member States upon the recommendation of the Security
Council. In such case, the membership status may be restored by the Security Council.
19
A Member State which has persistently violated the Founding Principles of
Organization may be terminated from membership status by the Representative Council
upon the recommendation of the Security Council.
9.
No Politicizing of Human Rights – Applying the mandate of the 2016 NAM
Margarita Declaration of the 17th Summit, that “human rights should be strengthened
by… non-politicization” (Article 5), and its prohibition of “the use of media as a tool for
hostile propaganda” (Article 21):
No Member State shall be subjected to any prejudice or adverse action solely due
to politicized allegations of supposed “human rights” abuses as promoted by
establishment mainstream mass media outlets in the context of any apparent campaign
of state-sanctioned propaganda advancing an identifiable political agenda.
10. Respect for National Differences – The accreditation and acceptance of
any State as a Member State or Observer State shall not be construed as any
endorsement of its foreign or domestic policies, national laws or customary socio-
economic or socio-cultural practices. Participation of States in Organization shall be
based solely on the mutually shared higher values and policies of upholding the right of
all States to have their own differences of unique national character and distinctive
cultural identity representing the heritage of their peoples, as free and independent
States.
This overriding policy is necessary as the essential foundation of true democracy,
as the basic human right to self-determination of peoples represented by their
sovereign States, and as the human right of freedom of choice of one’s preferred
countries of residence or professional activities. Without the protection of national
differences reflecting the traditional character and culture of the people of each State,
there can be no meaningful choice between alternatives of different countries, and thus
no real freedom nor democracy.
Article 15 – Representative Council of Member States
1.
Authorities as Branch of Government – The Representative Council of
Member States, referred to by the short-form “Representative Council”, serves as the
primary Deliberative Branch of the IGO government. The Council shall formulate or
implement initiatives, deliberations and resolutions on matters, issues or policies
involving or affecting the shared national interests of Member States. The Council may
issue recommendations to the Directorate General, to the Peace & Security Council, to
Member States, and to Non-Member States.
20
The Representative Council is sovereign in its decisions, possessing special
sovereignty equivalent to that of a parliament of a Nation State. It is composed of the
Representatives of the voting Member States, together with non-voting Member States
accredited as Observer States.
2.
Participation by Member States – The Member States participate in
governance of Organization primarily through their activities in the working sessions
and voting meetings of the Representative Council. Each voting Member State shall
have one equal vote, and shall appoint one primary Representative and two reserve
Representatives to exercise its one vote. Decisions of the Council are enacted and
ratified by a vote of a simple majority. The Council is deemed to manifest a quorum by
any number of responding Representatives when all Representatives have been
notified, regardless of the number of participants.
3. Meetings of the Council – The Representative Council shall be periodically
convened in regular Sessions as called upon by the Office of the Prime Minister (OPM),
to propose
initiatives,
conduct deliberations,
and
issue
resolutions or
recommendations, on matters, issues or policies involving or affecting the shared
national interests of Member States, as presented by the Representatives, to formulate
or implement solutions on such proposals. The Council shall also be convened in any
Special Sessions which may be called by the Prime Minister upon the request of a
majority of Member States or of the Peace & Security Council.
4.
Chancellor of Representative Council – The Chancellor serves as the Chief
Official representing the collective of Member States to the Directorate General, with
the customary authorities of a Chancellor to administer the working sessions and
coordinate discussions and votes of the Representative Council. The position and
function of Chancellor is reserved for the Head of State of a leading founding Member
State as a “negotiating State” of this Charter, by default, unless a separate official is duly
elected.
5.
Vice Chancellor of Representative Council – The Vice Chancellor serves as
the senior official actively implementing the active functions on behalf of the
Chancellor, more directly managing working sessions and votes of the Representative
Council. The position and function of Vice Chancellor is reserved for a High Official of a
leading founding Member State as a “negotiating state” of this Charter, by default,
unless a separate official is duly elected.
6.
Election of Council Officials – The Chancellor and Vice Chancellor shall
become duly elected, when nominated by the Board of Trustees, elected by majority
vote of the Office of the Prime Minister, and ratified by majority vote of the
Representative Council, subject to a security clearance.
21
Article 16 – Member Institutions
1. Member Institution Entities – Organization is supported by Member
Institutions, which may be private not-for-profit (“non-profit”) organizations, religious
and educational institutions, international organizations such as non-governmental
organizations (NGO), other intergovernmental organizations (IGO), or other such
institutions which are international in their scope and operations.
2.
Accession of Member Institutions – Member Institutions acquire status of
participation in Organization by means of application to and acceptance by the Office of
the Inspector General (OIG), followed by Accession to the present Charter, by means of
an exchange of official protocol letters provided by OIG.
3.
Participation of Institutions – Member Institutions participate in
Organization without voting rights, primarily through networking and cooperation with
the Directorate General or its relevant Official Bodies, Ministries or Agencies, and with
other Member Institutions. Participation by Member Institutions may be enhanced by
accreditation to either Special Consultancy Status or Observer Status granted by the
Directorate General.
Article 17 – Obligations of Member Institutions
1.
Support of Humanitarian Principles – Member Institutions agree to
sincerely endeavor to actively and meaningfully support, advance, and practically
implement the Founding Principles of the present Charter (Article 7), and the
humanitarian missions of Organization.
2.
Contributions to Humanitarian Projects – Member Institutions agree to
arrange, facilitate or otherwise promote significant contributions to the operating
budgets of Organization, in annual amounts reasonably calculated to meaningfully
enable and support the effective implementation of humanitarian and charitable
missions and projects of Organization.
3.
Cooperation with Member Institutions – Member Institutions agree to
provide assistance to all other Member Institutions, to ensure the optimal mutual
benefits to and from Organization for all of its members and missions.
22
4.
Disqualification for Systemic Violations – Any policies, operations or
actions of a Member Institution which demonstrably serve to systematically undermine
or violate fundamental principles of international law or human rights, may result in
disqualification preventing Member Institution status.
5.
Revocation of Member State Status – For any failure or violation of
Obligations establishing reason for Disqualification, Member Institution status may be
suspended, revoked, or otherwise terminated by the Office of Inspector General (OIG).
Article 18 – Advisory Council of Member Institutions
The Advisory Council of Member Institutions, referred to by the short-form
“Advisory Council”, serves as the primary advisory body of the IGO government,
functioning as its Board of Advisors for feedback and guidance on public policy trends
and industry developments affecting its humanitarian operations. It is composed of the
collective of all participating Member Institutions of Organization.
Article 19 – Special Consultancy Status
1.
Consultancy Role – Member Institutions which possess compelling
qualifications of specialized expertise in a particular technical, academic, socio-
economic or socio-cultural sphere relevant to supporting the missions of Organization
may be accredited to Special Consultancy Status.
2.
Right to Consult – Special Consultancies have a right to submit written
reports related to missions of Organization which shall be distributed to the Directorate
General and its relevant Ministries and Agencies.
3.
Contributions – Failure to make meaningful consultative contributions on
a reasonably periodic basis may result in loss of Special Consultancy Status.
4.
Disqualification – Any activities of a Member Institution which develop,
formulate, advocate, endorse, or otherwise promote policies which would violate
fundamental principles of international law or human rights, may result in
disqualification, suspension, revocation, or termination with prejudice of Special
Consultancy Status.
5.
Determinations – All determinations on accreditation to Special
Consultancy Status, including qualification, approval, grant or loss of Special
Consultancy Status, shall be made by the Office of the Inspector General (OIG).
23
Article 20 – Observer Status
1.
Observer Role – Member Institutions which possess highly developed
capabilities to make advisory contributions of expected worldwide impact, relevant to
supporting the working sessions and deliberations of the Representative Council of
Member States may be accredited to Observer Status.
2.
Right to be Heard – Observers have the right to speak and be heard at
working sessions and voting meetings of the Representative Council, and a right to
submit relevant written reports which shall be distributed to Representatives of the
Council, as well as the Directorate General and its relevant Ministries and Agencies.
3.
Contributions – Failure to make meaningful contributions or demonstrate
practical support of the humanitarian missions of Organization on a reasonably periodic
basis may result in loss of Observer Status.
4.
Disqualification – Any activities of a Member Institution which advance,
facilitate or otherwise support or promote policies or operations which would violate
fundamental principles of international law or human rights, may result in
disqualification, suspension, revocation, or termination with prejudice of Observer
Status.
5.
Determinations – All determinations on accreditation to Observer Status,
including qualification, approval, grant or loss of Observer Status, shall be made by the
Office of the Inspector General (OIG).
Article 21 – Historical Institutions
1.
Role of Historical Institutions – The core humanitarian missions of
Organization are inherently involved with the timeless spiritual and cultural values of
humanity, and the heritage and traditions which embody such values, which are
preserved in various historical institutions which have survived into the modern era.
Certain historical institutions thus have great potential to provide valuable contributions
of essential components for the success of the humanitarian missions.
24
Sovereign historical institutions, including indigenous nations, and their
international alliances, which typically no longer own nor govern their former
territories, continue to embody and represent the history, heritage, culture and
traditions which are the institutions of humanity, which cannot be acquired by mere
territorial conquest.
Organization thus serves as a dedicated vehicle to give a voice and meaningful
representation to such historical institutions in world affairs, as essential members of
the true international community of Nation States.
2.
Equality of Historical Statehood – The 1963 Convention on Consular
Relations recognizes the diplomatic status of sovereign historical institutions “since
ancient times” (Preamble: ¶1). The 1961 Convention on Diplomatic Relations, confirms
that “all nations from ancient times have recognized… the sovereign equality of States”
of “differing constitutional and social systems” including historical (Preamble: ¶1-3),
and requires that a “State shall not discriminate as between States” including a historical
form of statehood (Article 47.1). The 1974 Charter of Economic Rights of States
confirms that “No State shall be subjected to discrimination” based on “differences in
political, economic and social systems” including historical statehood (Preamble: ¶3, ¶7;
Article 4).
3.
Equality of Non-Territorial Statehood – The 1961 Convention on
Diplomatic Relations recognizes the existence of “non-territorial” (international) States,
which can exercise diplomatic status without having any territory (Articles 1(i), 23.1,
30.1). The 1969 Convention on the Law of Treaties classifies this rare type of “State” as
a “subject of international law”, because its sovereignty is established by effect of law,
not by holding territory (Article 3). By the “sovereign equality of States” (1970
Cooperation of States, 6th Principle), “All States”, including non-territorial, “are… equal
members of the international community” (1974 Economic Rights of States, Article 10).
4.
Sovereign Subjects of International Law – The 1969 Convention on the Law
of Treaties establishes that although the modern Conventions of international law do
not explicitly apply to historical institutions and such “other subjects of international
law”, this “shall not affect the legal force of [their] agreements”, and “shall not affect
the application… of any of the rules… to which [they] would be subject under
international law independently of the Convention” (Article 3). The status of historical
sovereign subjects of international law is thus “binding upon” all countries as a
“recognized customary rule of international law” (Article 38).
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5.
Legitimacy of Historical States – The legitimacy of continuity and
succession of surviving sovereign Historical States, for their recognition and legalization,
is established by the historical doctrines of customary international law, as evidenced
by the Code of Canon Law: Such States can be legally reestablished based upon a
provable lineage of succession (Canon 120 §2), carrying sovereign authorities (Canon
121) from the original founders (Canon 123).
6.
Recognition of Historical States – This present Charter of the Organization
was established by Historical States of royalty and nobility as its founding “negotiating
States” (1969 Law of Treaties, Article 2.1(e)). Therefore, it possesses and hereby
reserves and declares both legal standing and heraldic jurisdiction (Black’s Law 2nd 1910:
“Court of Honor”, p.289) to grant official “Sovereign Recognition” to surviving restored
kingdoms, principalities and indigenous nations as non-territorial Historical States in
diplomatic relations.
Organization and its autonomous Judiciary Official Bodies thus possess legal
capacity to issue a valid “Letters Patent” certificate of Sovereign Recognition by royal
authority and royal protocols in customary international law, as a “grant by the
sovereign [of] some authority [or] title” as a “royal grant” (Black’s Law 2nd 1910: “Patent:
English Law”, p.880; “Royal grants”, p.1046), by a “special decree… expressly granting
it” (Code of Canon Law, Canon 116, §2).
7.
Historical Member States – In accordance with these doctrines of
international law, Historical States which constitute a sovereign “subject of
international law” possessing sufficient aspects of juridical statehood, including royal,
ecclesiastical, indigenous and other sovereign historical institutions, may be accepted
as Member States of Organization. Such acceptance shall be determined based upon
compelling evidence of sovereign legitimacy and historical authenticity, backed by a
certified Barristers opinion or Judiciary recognition.
8.
Historical Member Institutions – An historical institution which does not
possess a sufficient level of juridical statehood under established rules of customary
international law, may be accepted as a Member Institution, and based upon
demonstrated merits may also be accredited to Special Consultancy Status. An
historical institution which may need a period of restoration or legal work to document
full statehood, or which does not wish to actively assert its inherent statehood, may be
recognized and accepted as a Member Institution accredited with Observer Status.
26
9.
No Claims to Govern Territory – Any and all projects and official acts for
recognition and resulting legalization of an Historical State shall not constitute a claim
to govern its former territory in modern times, but shall only assert its sovereignty as a
non-territorial (international) State, as necessary to protect its participation in
diplomatic relations, its cultural heritage restoration projects, and the human rights of
its Nationals.
Article 22 – Peace & Security Council
1.
Authority of Security Council – The Peace & Security Council (PSC) is
hereby instituted as an autonomous Official Agency of Organization, which shall
conduct and provide the customary functions of such intergovernmental Agency: To
“determine the existence of any threat to the peace, breach of the peace, or act of
aggression, [and] make recommendations, or decide what measures shall be taken, [in
order] to maintain or restore international peace and security” (1945 UN Charter, Article
39).
2.
Principles of Security Council – The Security Council shall uphold the
“Responsibility to Protect” doctrine of conventional international law as an obligation
of both sovereign States and intergovernmental organizations, that:
(a)
“Each individual State has the responsibility to protect its populations
from… crimes against humanity”, including “prevention of such crimes [and] their
incitement” (2005 World Summit Responsibility to Protect, Article 138); and
(b)
“The international community… also has the responsibility… to take
collective action, in a timely and decisive manner, through the Security Council… should
peaceful means be inadequate and national authorities fail to protect their populations”
(2005 Responsibility to Protect, Article 139).
Accordingly, the Peace & Security Council shall operate on the universal principle
of “preventing armed conflict and its recurrence” by “cooperation of Member States”
with a “comprehensive and coordinated approach” (2006 UN-SC Protection of Civilians
in Armed Conflict, Article 2), endeavouring to fulfill “the increasingly valuable role
[which] intergovernmental institutions play in the protection of civilians” and national
sovereignty (Article 24).
27
3.
Presidency of Security Council – Conventional law mandates that “faithful
observance of the principles of international law… is of the greatest importance for the
maintenance of international peace and security” (1970 Declaration on Law of
Cooperation of States, Preamble: ¶5), and mandates the full and effective
“implementation of existing legal obligations under international human rights law”
(2005 Right to Remedy for Human Rights, Preamble: ¶8).
Accordingly, the primary function of the Peace & Security Council must be to
apply existing rules of codified international law to resolve or intervene in conflict
situations, and all its decisions must be based upon established international law.
Therefore:
(a)
Presiding Court – The Presidency of the Security Council shall not be held
by any State, but shall be vested in the Sovereign Court of International Justice (SCIJ) as
an independent and neutral arbitrating Official Body, such that Sessions of the Security
Council shall be hosted by a Presiding Judiciary Official of the High Court.
(b)
Presiding Official – The Sessions of the Security Council shall be presided
over by a Presiding Justice of the SCIJ High Court, who shall be either the Chief Justice,
or another senior Judiciary Official appointed by the Chief Justice from time to time,
such as the Chief of Judiciary Security, or one of the Presiding Judges of the Court.
(c)
Judiciary Guidance – During the course of proceedings, the Presiding
Justice may provide advisory and supervisory guidance on relevant principles of
international law.
(d)
Non-Voting Role – The Presiding Justice does not vote on any deliberations
of the Security Council. However, in the case of a “tie vote” of the Council, the Presiding
Justice may exercise a tie-breaking vote, or else the matter is suspended.
4.
Permanent Council Members – Non-Aligned Movement (NAM) principles
mandate that the Peace & Security Council should prevent the influences of
entanglements by “collective defense” treaties, which “serve the interests of big
powers” by “exerting pressures” on other States (1955 NAM Bandung Conference, G-
6). As a result of the modern proliferation of such treaties, most territorial States have
a conflict of interest, precluding their capacity for neutral and objective deliberations
on geopolitical or geostrategic matters of international security. Therefore:
(a)
Permanent Members – The Permanent Members of the Security Council
shall be comprised of those Member States which are sovereign Historical States, being
non-territorial, or having only nominal or symbolic territorial presence, free of any
related geostrategic interests and entanglements, thus without geopolitical conflicts of
interest.
28
In customary law, such non-territorial States retain sovereignty and statehood
precisely for representing the moral traditions and values of humanity, which cannot be
acquired by mere territorial conquest. Such Historical States are thus optimally
positioned to effectively serve as neutral and objective arbiters of conflicts.
(b)
Representing Humanity – The Permanent Members of the Security Council
shall serve as an independent mediating and adjudicating body for international peace
and security, representing the interests of humanity, based upon universal moral
principles and inter-faith religious principles of right and wrong, under the Rule of Law.
(c)
Qualification of States – All non-territorial Historical States as Member
States of Organization, which are qualified by having an established and operational
Ministry of Security or Ministry of Justice, and are prepared to assign a dedicated Crown
Officer or Special Envoy to serve on the Security Council, shall be installed as Permanent
Members by an act of the SCIJ as the Presidency of the Council.
(d)
Rotating Participation – All qualified non-territorial Historical States as
Member States who agree to assign a delegate shall be registered as Permanent
Members of the Security Council, without limitation on the total number of States.
However, the number of Permanent Members actively participating in each Session
shall be limited to 10 States, serving on a rotating basis.
5.
Deliberating Affected States – Conventional law mandates that “States
shall… seek… settlement of their international disputes by negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement… or other peaceful means”
(1970 Declaration on Law of Cooperation of States, 2nd Principle), such that a Security
Council should include in its deliberations all States involved in a given matter.
Non-Aligned Movement (NAM) principles mandate that “representation… on [a]
Security Council” should be “equitable” and “adequate”, by including all States involved
in a given matter (1955 NAM Bandung Conference, Section F, Point 1; 1961 NAM 1st
Summit Declaration, Article 24), and that a Security Council should “fulfill the role… in a
transparent and equitable manner” (2006 NAM 14th Summit Declaration, Article 8(k)),
as “a more democratic, effective, efficient… representative body” adapting to
“geopolitical realities” (2016 NAM 17th Summit Declaration, Article 10).
For a Security Council to be “equitable” and “adequate” for dealing with practical
“realities”, it must include Deliberating States which have a substantial connection to
each matter; For a Security Council to be “effective” and “efficient”, it must consist of
as few Deliberating States as possible, to avoid delays from unnecessary process and
bureaucracy on matters of extreme urgency.
29
The purpose of a Security Council is to serve as an arbiter providing practical
solutions for international peace and security in the interests of humanity, not to award
participation status to States as political recognition. The role of Deliberating States is
to contribute relevant knowledge and experience on a given matter to support the work
of the Security Council, not to demonstrate their own political status.
Therefore, the Deliberating States of the Peace & Security Council shall be
determined and shall participate as follows:
(a)
States Involved in Matter – All States, and only such States, which are a
direct subject of or participant in a given security matter, or are imminently expected to
be directly affected by the matter, or have an identifiable claim to a specific and
substantial interest in the matter, shall be invited to participate as Deliberating States
for the Session of the Council dealing with that matter, on a case-by-case basis.
(b)
States for Intervention – As and when another State, which does not
otherwise have a direct involvement or interest in the matter, may be identified as
especially well positioned to provide capabilities for any potentially necessary
intervention measures, then such State shall be invited to participate as a Deliberating
State for the Session of the Council dealing with the given matter.
(c)
Determined by Council – The identification and invitation of the relevant
Deliberating States for a Session on a given matter shall be determined by the
Permanent Members of the Security Council.
(d)
Provision for Non-Members – The selected Deliberating States which are
Non-Members of Organization shall be invited with a grant of temporary status as
Honourary Members authorized for participation and voting in the relevant Session of
the Council, to ensure that no affected State shall be excluded from deliberations.
6.
Referendum to Member States – In any escalating security matter for
which the expected events, effects or consequences apparently cannot be contained
among the Deliberating States or within an isolated region, and thus are broadly
international in scope, then the Permanent Members of the Security Council shall call
an Emergency Session of the Representative Council of Member States, formulate and
submit a Referendum for voting by the full body of Member States, and provide a
summary and copies of relevant evidence to that Council for informed voting. The
results of the Referendum shall then be reported to the Security Council to implement
appropriate resolution, action or intervention measures.
30
7.
No Veto Power by States – Conventional law declares the absolute
“principle of sovereign equality of States” (1970 Declaration on Law of Cooperation of
States, 6th Principle), such that no State can legitimately hold veto power over another
State under any circumstances. Accordingly, on the Peace & Security Council no States
shall have any veto power over the deliberations.
8.
Judiciary Limited Veto – Conventional law gives special powers and
authorities to an “independent” Court which is an “international” institution (1948
Declaration of Human Rights, Articles 10, 28), having “exclusive authority” for its
“jurisdiction over all issues” of international law, free from any and all “influences” of
individual States (1985 Principles on Independence of the Judiciary, Articles 2, 3, 4).
Only an “intergovernmental organization” (IGO) of the Independent Judiciary can
exercise “independent Judicial authority” as an “international body” (1998 Right to
Protect Human Rights, Articles 5(c), 9.2, 9.4). Only such “international Judicial organs”
possess “universal jurisdiction”, being “other bodies” independent from influence of
any States, having their own “international processes” (2005 Right to Remedy for
Human Rights, Articles 4, 5, 12, 14).
Accordingly, only a properly formed International Court has supra-governmental
jurisdiction to exercise veto power over sovereign States. Therefore, all Resolutions of
the Peace & Security Council on substantive non-procedural matters shall be subject to
ratification or veto by the SCIJ High Court.
The Presiding Justice may exercise this Judiciary veto, as a limited veto power, on
the basis of an identified and articulated principle of international law giving rise to a
reasonable expectation that the SCIJ High Court would rule that the Resolution violates
or would cause a violation of international law.
The Judiciary limited veto is subject to override by a two-thirds vote of the
Representative Council of Member States, thereby ratifying the subject Resolution of
the Peace & Security Council (1950 UN Res. 377 Uniting for Peace, Section A-1).
9.
Judiciary Support of the Council – As the Official Body serving as the
Presidency of the Peace & Security Council, the Sovereign Court of International Justice
(SCIJ) shall provide the following Judiciary support for Sessions of the Council:
(a)
Advisory Opinions – Upon the request of the Security Council or upon its
own initiative, the SCIJ High Court may issue Advisory Opinions identifying relevant
international law, and advising how such law may be determinative for resolution of, or
intervention in, a conflict or dispute. For this purpose, the Court may adopt and certify
external Barristers Opinions as endorsed Advisory Opinions.
31
(b) Declaratory Judgments – Upon the request of the Security Council or upon
its own initiative, the SCIJ High Court may issue Declaratory Judgments establishing
universal doctrines of international law which the Court will enforce, putting all States
on legal notice that such law will govern any related disputes.
(c)
Party to Legal Actions – In cases where an aggrieved State may appear
unwilling or unable to do so, the Security Council itself may take legal action by initiating
Judiciary process, as plaintiff or complainant against a violating State as defendant, in
the SCIJ High Court.
(d)
Judiciary Investigation – Any investigations initiated by the Security Council
may be referred and thereby delegated by the Security Council to the Chamber of
Instruction Judges of the SCIJ High Court for Judiciary investigation. The Chamber shall
coordinate with and report back to the Security Council.
(e)
Judiciary Enforcement – Any Contempt Orders, and additional Resolutions
or Directives for enforcement issued by the Security Council, may be referred to the
Chamber of Compliance Judges of the SCIJ High Court for Judiciary enforcement.
10.
Statements Under Penalty of Perjury – Conventional law strictly requires
that all “States have the duty to refrain from propaganda for wars of aggression” which
“constitutes a crime” (1970 Declaration on Law of Cooperation of States, 1st Principle:
¶2-3), and the duty “to abstain from any… hostile propaganda for the purpose of
intervening or interfering in the internal affairs of other States” (1981 Declaration on
Interference in Internal Affairs of States, Article 2(II)(j). This mandatory obligation is
most important for, and thus especially must apply to, all deliberations on the Peace &
Security Council. Therefore:
(a)
Automatically Under Oath – All statements, whether in documents or
presentations, made to the Security Council are necessarily, inherently and
automatically given under Oath, under penalty of Perjury. The Security Council may
issue Contempt Orders, and additional Resolutions or Directives for enforcement,
against any acts of committing, promoting or supporting Perjury to the Council.
(b)
Fullest Liability for Perjury – Any of the Deliberating States which by its
delegate commits a Perjury, which becomes a false basis or justification for any military
intervention authorized by the Security Council, shall be held accountable with full legal
and geopolitical liability, as if that perjuring State itself committed an act of aggression
in violation of international law.
11. Operational Protocols of Sessions – The Peace & Security Council shall
conduct its Sessions on particular matters based upon the following operational
protocols:
32
(a)
Preliminary Investigation – The Security Council may conduct its own
preliminary fact-finding investigation of any reported situation which might give rise to
a conflict or dispute which is likely to endanger the maintenance of international peace
and security (1945 UN Charter, Article 34), and for this purpose may call a Special
Session on a situation which is not yet referred as a matter.
(b)
Referral of Security Matters – Matters which presently or may potentially
or are expected to endanger international peace and security may be referred to the
Security Council by the Sovereign Court of International Justice (SCIJ), the Office of the
Inspector General (OIG), Emergency Relief Agency (ERA), the Representative Council of
Member States, or by individual Member States.
Such matters may also be referred by a Non-Member State which is a party to the
dispute or conflict, if for the purposes of the matter it accepts in advance the Founding
Principles and Governing International Law of this present Sovereign Charter of
Organization (1945 UN Charter, Article 35.2).
(c)
Investigation of Matters – The Security Council may conduct its own formal
fact-finding investigation of any referred matter or any reported situation as a potential
matter, possessing the power to issue binding subpoenas and discovery orders to
compel witness testimony, produce evidence, and provide access to investigators for
site surveys or inspections.
(d)
Notice of Security Sessions – The Prime Minister, upon notice from and
consent of the Security Council, shall notify the Representative Council of Member
States of any Session of the Security Council opened on a matter, and when such Session
is closed on each matter.
(e)
Delegates and Equal Voting – Each Permanent Member and Deliberating
State participating in Sessions of the Security Council shall be represented by only one
delegate. Each State participating on the Security Council equally shall have one vote
(1945 UN Charter, Articles 23.3, 27.1).
12. Decisions of the Security Council – The Peace & Security Council may issue
the full customary range of Resolutions and Directives for preventative or enforcement
actions, including the following:
(a)
Preliminary Directives – When appropriate, without unduly increasing the
risk of damages or harm from delay, the Security Council may issue a Preliminary
Directive for States parties to a conflict to settle their dispute by diplomatic negotiation
or mediation, or through Judiciary process of the SCIJ High Court.
33
(b)
Provisional Directives – Before deciding upon measures for intervention or
enforcement, the Security Council may issue a Provisional Directive for States to comply
with provisional measures, which shall be without prejudice to the rights, claims or
positions of the States involved or affected by the matter.
(c)
Intervention Measures – The Security Council may issue Resolutions
authorizing or Directives mandating active measures and intervention, including by the
use of armed force, as may be necessary to maintain or restore international peace and
security, for neutralizing sources, causes and capabilities of aggression, defending
civilians, and protecting legitimate defensive personnel opposing aggression. Such
decisions by the Security Council may call upon Member States to apply such measures
or intervention to prevent, contain or resolve a security matter.
(d)
Voting on Decisions – All Decisions of the Security Council shall be made
by a simple majority vote of the Permanent Members and Deliberating States.
13. Empowered by Member States – In order to ensure prompt and effective
action in matters of international security, all Member States of Organization confer
upon the Peace & Security Council the primary responsibility for the maintenance of
international peace and security, and agree that in conducting this essential function it
is authorized and empowered to act on their behalf. All Member States also agree to
fully cooperate with the investigations of, and to accept and implement the decisions
issued by, the Security Council. (1945 UN Charter, Articles 24.1, 25)
14. Capabilities Supporting Measures – In addition to the operational
capabilities of Member States to implement preventive or enforcement measures, the
Peace & Security Council may outsource and maintain its own capabilities, through
agreements with cooperating Observer or Non-Member States, or partnerships with
government contracting enterprises in the private sector. In the event that the Security
Council decides to implement measures, but Member States are practically or politically
unable to do so, then the Council may utilize and mobilize its own capabilities on behalf
of the Member States of Organization.
Organization shall assert its diplomatic immunities to protect any private
government contractors providing capabilities and implementing any measures for the
Security Council, on the basis that conventional law requires that such immunities must
fully apply to government contractors as “instrumentalities… performing acts in the
exercise of sovereign authority” of Organization as an intergovernmental State (2004
Convention on Jurisdictional Immunities of States, Article 2.1(b)(iii)).
34
15. Military Service Commission – The Peace & Security Council may establish
and maintain a Military Service Commission (MSC) under its direction, by Special
Sessions of Permanent Members with relevant Deliberating States called for that
purpose. The Military Service Commission shall advise and assist the Security Council
on all matters relating to military requirements for the maintenance of international
peace and security, and the use and command of such forces. The Commission shall be
responsible for strategic command of any armed forces and operational capabilities
under direction of the Security Council. (1945 UN Charter, Article 47).
Article 23 – Directorate General
1.
Composition – The Directorate General of Organization (referred to simply
as the “Directorate”) is composed of the Office of the Prime Minister, the Office of the
Inspector General, and all other Ministries and Agencies of Organization. Appointments
of Officials and Staff of the Directorate are based upon evaluation of competence,
integrity and professionalism, subject to security clearances, and are formalized and
implemented by the Directorate.
2.
Administration – The Directorate is in charge of directional management
of the ordinary and extraordinary operations and activities of Organization. It provides
record keeping of the initiatives, deliberations and resolutions of the Representative
Council, and general administrative support for the functioning of the Council. The
Directorate manages all Officials, delegates and envoys of Organization, and establishes
all of its delegations, representative units, and observer missions.
Article 24 – Office of the Prime Minister
1.
Authorities as Branch of Government – The Office of the Prime Minister
(OPM) serves as the primary Executive Branch of the IGO government, as the
management side of the Directorate General. The OPM functions as the highest
authority for general operational activities and administrative governance throughout
Organization as an IGO institution, and for coordination of interrelated operations of its
autonomous IGO Official Bodies.
Accordingly, the OPM is thus the chief governing authority of the collective IGO
institutions, answering only to the Office of the Inspector General and the
Representative Council.
35
2.
Composition – The Office of the Prime Minister (OPM) is composed of the
Prime Minister, together with all Ministers of the Cabinet (of Ministries), and other
Officials and Staff appointed to assist and support the operations of the Prime Minster.
The Prime Minister nominates and coordinates all Ministers, other Officials and Staff of
the OPM, subject to security clearances.
3.
Sphere of Mandate – The primary responsibility of the Office of the Prime
Minister (OPM) is to uphold and advance the humanitarian missions of the institutions
as effective participants in the international community.
4.
The Prime Minister – The Prime Minister must be a qualified member of
the Governmental or Diplomatic professions, the Independent Legal Profession or
Independent Judiciary Profession, or a relevant Academic profession, preferably holding
doctorate level academic degrees. The Prime Minister shall be an elected official,
nominated and elected by a two-thirds vote of the Board of Trustees, and ratified by
majority vote of the Office of the Prime Minister, subject to a security clearance.
5.
Temporary Appointment – In the event of abeyance of the Office of the
Prime Minister (OPM) or vacancy of the position of Prime Minister, or to accommodate
a voluntary temporary sabbatical or early retirement, the Board of Trustees may appoint
an interim Acting Prime Minister, pending new nominations and election of the Prime
Minister.
In the event of unavailability or inaccessibility of the Prime Minister, where an
interim appointment is pending or unwarranted, the Chancellor of the Representative
Council of Member States shall serve as Acting Prime Minister, as and when needed,
upon the request of the Office of the Inspector General (OIG).
6. Minister of the Cabinet Office – The Minister of the Cabinet Office must be
a qualified member of the Governmental or relevant Academic profession, responsible
for overseeing and coordinating the work of the Cabinet of Ministers (of Ministries), and
convening working Sessions of the Ministers of portfolio as and when needed, thus
constituting the Cabinet Office of the Office of the Prime Minister.
7. Ministers of State Under OPM – Ministers of State for designated
portfolios, or without portfolio, may be appointed for special Ministers who do not
govern a Ministry as a subdivision of the Directorate General, but rather carry a special
portfolio of operations within the Office of the Prime Minister (OPM).
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Article 25 – Office of the Inspector General
1.
Authorities as Branch of Government – The Office of the Inspector General
(OIG) serves as the primary Branch of the IGO government for State Security and Legal
Security, as the law enforcement and investigations side of the Directorate General. The
OIG specializes in Constitutional matters involving the IGO Charter, and matters of
Sovereignty, Diplomatic Security and Judiciary Security. The OIG functions as the
highest authority for operational security and legal affairs throughout Organization as
an IGO institution, and for the protection of its autonomous IGO Official Bodies.
Accordingly, the OIG is independent from the Office of the Prime Minister,
answering only to the Board of Trustees and the High Council of the Independent
Judiciary (HCIJ).
2.
Composition – The Office of the Inspector General (OIG) is composed of
career State Security professionals, qualified Legal professionals of relevant experience,
and authorized representatives of the Board of Trustees, supported by qualified
Professors of the Law Faculty of Ignita Veritas University.
3.
Internal Operational Security – The Office of the Inspector General (OIG)
serves as the operational security and investigations agency for Organization, providing
for all aspects of its internal affairs at all levels. Its primary responsibility is to protect
the integrity of Organization and its collective institutions, by ensuring observance and
proper application by all Members, Officials and Staff of the Founding Principles, Charter
and Statutes of Organization.
Its underlying mandate is to uphold the rights and interests of the Board of
Trustees in preserving and protecting the proprietary critical infrastructure resources of
Organization and its collective IGO institutions.
4.
External Judiciary Security – The special mandate of the OIG is to provide
external Judiciary support, protecting the integrity of the Independent Judiciary
Profession, ensuring non-interference with supra-governmental Judiciary sovereignty,
and securing the independent Judiciary institutions as autonomous Official Bodies
supported by infrastructure resources of the host Organization, thereby serving as an
external Judiciary Security Agency.
5.
Determinations of Status – Any and all determinations of qualification,
approval, grant or loss of status, pertaining to active service of Officials and Staff of
Organization, shall be made by the Office of the Inspector General (OIG).
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6.
Security Clearances – Any and all prerequisite or underlying Security
Clearances, for election or appointment of Officials or Staff of Organization and its
Official Bodies, Ministries and Agencies, shall be evaluated, determined and issued,
subject to revocation for cause, by the Office of Inspector General, upon the advice and
counsel of the relevant department or institution of Organization.
7.
Corrective Measures – The Office of the Inspector General (OIG) is
empowered to impose corrective measures, by intervention in any and all actions or
activities which may be incompatible with the Founding Principles, Charter and Statutes
of the Organization.
Such measures are initially implemented by a written Notice or Directive issued
by the OIG, and may be supplemented or escalated by the Inspector General obtaining
a clarifying or corrective instruction from the Office of the Prime Minister (OPM).
If a situation persists, then measures by the Office of the Inspector General (OIG)
may include restricting the participation of non-compliant Members, or ensuring the
cessation of functions of non-compliant Officials or Staff.
8.
The Chief Inspector General – The Chief Inspector General must be a
qualified member of the Independent Legal Profession, with relevant experience
suitable for a State Security professional, preferably holding doctorate level academic
degrees. The Chief Inspector General shall be elected and established by the Board of
Trustees. The Chief Inspector General may unilaterally and directly appoint all other
Officials and Staff of the Office of the Inspector General (OIG), upon the advice and
counsel of the Office of the Prime Minister (OPM).
9.
The Special Inspector General – The Special Inspector General serves as
the acting substitute for the Chief Inspector General, automatically holding full authority
of that office in the event of unavailability or inaccessibility of the Chief Inspector
General, and shall serve as Acting Chief Inspector General in the event of vacancy or
sabbatical of that position, pending establishment of the new Chief Inspector General.
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Article 26 – Founding Board of Trustees
1.
The Founding Board of Trustees of Organization, referred to by the short-
form “Board of Trustees”, is composed of the appointed representatives of multiple
independent boards, as the consolidated unified management structure of the external
founding educational and humanitarian institutions, law firms and security firms which
originally established and developed Organization and its institutions throughout the
primary formational 20-year period from 1997-2017.
2.
The Board of Trustees, governed by its own separate Charter, represents
the collective rights and interests arising from the history of foundations of
Organization, managing the resulting proprietary licensing rights and strategic assets as
its underlying critical infrastructure resources. The Chief Inspector General of
Organization shall serve as the Primary Proxy Trustee Power of Attorney authorized to
represent the Board of Trustees.
Article 27 – Infrastructure by Domestic Foundations
1.
Operations by Subsidiary Legal Entities – An IGO is legally established by
Charter as an official legal entity in its own right by customary law. In addition, an IGO
may also conduct operations through subsidiary legal entities, which may be registered
or incorporated in various territorial countries:
Subsidiary legal entities of an IGO constitute its “property” in the form of
“instrumentalities” as “other entities” used to “exercise [its] sovereign authority” (2004
Jurisdictional Immunities of States, Article 2.1(b)(iii)). An IGO has protected sovereign
rights to “freely exercise full… possession [and] use” of subsidiary legal entities as its
property resources for operations (1974 Economic Rights and Duties of States, Article
2.1).
2.
Independent from Registration or Licensing – As an intergovernmental
organization (IGO) and sovereign subject of international law possessing inherent supra-
governmental and non-territorial statehood, the public juridical entity of Organization
shall not be reduced to any mere domestic registration or incorporation in any country.
The use of any such registration or related licensing shall not be construed as any waiver
of sovereignty, nor as any subjugation to nor dependence on, the jurisdiction or
influence of any territorial State.
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3.
Representation by Registered Foundations – Organization, by and through
its Board of Trustees, may establish or appoint one or more of an incorporated not-for-
profit (“non-profit”) legal entity (hereinafter “Foundation”) registered in any State of its
operations, as a representation for Organization.
For practical purposes which, by various statutory laws and practices of States,
typically require an incorporated legal entity to receive or exercise certain rights or
benefits, each such Foundation shall serve as the registered entity, as a subsidiary or
affiliate representation and fiduciary trustee of Organization as a sovereign IGO of
independent statehood.
4.
Operations by Common Law Trust Entities – Organization may also
operate through affiliate unregistered Non-Profit Trusts in Common Law jurisdiction
(1948 Declaration of Human Rights, Articles 17.1, 20.1; 1985 Convention on Law of
Trusts, Preamble, Article 11). Such Common Law entities have the protected right to
operate and conduct economic activity (1998 Declaration on Right to Protect Human
Rights, Articles 2.1, 5(b), 8.1, 10) specifically “the right… to receive and utilize resources”
(Article 13).
5.
Infrastructure Management by Entities – For any operational purposes, as
and when deemed necessary or beneficial by the Board of Trustees, each relevant non-
profit Foundation or Trust shall provide trust management of infrastructure rights or
resources on behalf of Organization, including operating banking facilities, providing
payment processing services for non-profit donations, holding any relevant licenses or
certifications, registering and documenting tax-deductibility of non-profit donations
and tax-exemption of charitable budgets, and any other practical functions.
6. Management of Entities & Licenses – All legal rights and interests in the
representative Foundations or Trusts and any related licenses shall be held and
managed by or on behalf of the Board of Trustees of Organization, which has the
exclusive and primary responsibility and authority for maintaining critical infrastructure
resources.
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Article 28 – Official Bodies of Organization
1.
Official Bodies as Separate Legal Entities – As evidenced by the 1969
Convention on Law of Treaties, an “intergovernmental organization” (Article 2.1(i)) may
have autonomous Official Bodies which are treated as “other subjects of international
law” (Article 3), which may also exercise sovereignty as separate “parties” to
“international agreements” (Article 3(c)), as established by this treaty as their
constituent Charter (Article 5), and which may be represented by Organization as the
host institution (Article 36).
2.
Official Bodies Created as Autonomous – Official Bodies are autonomous
subdivisions of Organization as an IGO institution, thereby possessing the full
governmental capacity and official authorities of Organization, and the full support of
its Member States and Member Institutions, while maintaining political and operational
independence, thereby constituting separate IGO institutions in their own right under
customary international law.
3.
Establishment of Official Bodies – Official Bodies, in addition to those
established in the present Charter, may be instituted by the Office of the Prime Minister
(OPM) together with the Office of the Inspector General (OIG), by means of issuing a
joint Resolution.
4.
Autonomous Statutes of Official Bodies – While Official Bodies derive their
sovereign official capacity as IGO institutions from the present Charter, the operations
of each Official Body shall be governed by its own autonomous Statutes, enacted by its
own senior officials, subject only to approval by the Chief Inspector General with the
advice and counsel of the Prime Minister.
5.
The Directors General – For each Official Body of Organization, the Office
of the Prime Minister (OPM) and the Office of the Inspector General (OIG) shall jointly
appoint a Director General, or other appropriate title for its Chief Executive officer, for
oversight and management of administration of its sovereign intergovernmental and
diplomatic infrastructure.
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Article 29 – Ministries and Agencies of Organization
1.
Establishment of Ministries – Ministries may be established as subdivisions
of the Directorate General, functioning as managing administrations dedicated to a
portfolio of governance of a sphere of operations of Organization. Each Ministry shall
be headed by a Minister designated by its portfolio.
2.
Establishment of Agencies – Agencies may be established as subdivisions
of the Directorate General, functioning as specialist working groups dedicated to a
sphere of operations of Organization, or as autonomous institutions of Organization.
Each Agency shall be headed by a Director designated by its sphere of operations.
A Ministry of a particular portfolio, or an Agency of a particular specialization,
shall be established or restructured by an Executive Act of the Prime Minister.
3.
Charters of Subdivisions – The authorizing Executive Act shall serve as the
basic Charter for that subdivision which it creates, or may provide that the subdivision
may have its own separate Charter for detailed operations. Such separate Charter shall
be developed under and ratified by the Minister or Director, with approval of the Prime
Minister. For any Ministry or Agency constitutionally established by this Sovereign
Charter, the IGO Charter serves as such Act.
2.
Appointment of Officials – Ministers of each Ministry, and Directors of
each Agency, shall be appointed by the Office of the Prime Minister with approval of the
Office of the Inspector General. Supporting Officials serving under each Minister or
Director may be appointed by the Office of the Prime Minister, subject to security
clearances.
Article 30 – Ministry of Justice and Prosecutions
1.
Authorities of Ministry of Justice – The Ministry of Justice is hereby
established as a subdivision of the Directorate General, dedicated to the functions of
administering the Rule of Law and Justice. Its primary authority is for handling general
legal aspects of the operational and organizational affairs and transactional matters of
Organization, and providing for public prosecutions in the SCIJ High Court.
2.
The Minister of Justice – The Minister of Justice must be a qualified
member of the Independent Legal Profession, with relevant experience suitable for an
institutional general counsel, and relevant experience with Court cases or criminal law
suitable for supporting prosecutions.