SITHHC Charter

In response to the general public’s decision of April 6, 2014, to arrest and bring to justice those high-profile and high-level individuals who the general public deems guilty of crimes against humanity and their respective nations, i.e.: actively and knowingly conspiring in well-planned efforts and constructions to consolidate power and resources – with the intention to establish a world government which would provide them with full immunity from any form of prosecution regarding their past and future crimes; the following Charter is adopted for the purpose of establishing the Special International Tribunal for High-Profile and High-Level Crimes (SITHHC).


 NOTICE

In our efforts to establish transparent and effective institutions, the initial Charter is available for improvements. In the event you have suggestions please contact the SITHHC.


ARTICLE 1: ESTABLISHMENT OF THE INSTITUTIONS

There shall hereby be established the Special International Tribunal for High-Profile and High-Level Crimes (“SITHHC”), the SITHHC Commission (“the Commission”), the SITHHC Justice Team (“the Justice Team”), the SITHHC Judicial Committee (“the Judicial Committee”) and the SITHHC Executive Board (“the Executive Board”) whose functions and jurisdiction, respectively, shall be governed by the provisions of this Charter.

ARTICLE 2: OBJECTIVES OF THE COMMISSION

1. The general objectives of the Commission are:

  • To receive and investigate complaints from any victims – of wars; armed conflicts; democide; genocide; government-sponsored and/or government-supported and/or government-tolerated conspiracies, terrorism, eco-terrorism; biological warfare; psychological warfare; fraudulent financial operations including but not limited to tax and investment operations – in relation to crimes against peace; war crimes; crimes against humanity; crimes against individual liberties, individual rights, individual mental, physical and financial well-being; and other like offenses as recognized under international law and/or treaties;
  • To put an end to wars; armed conflicts; democide; genocide; government-sponsored and/or government-supported and/or government-tolerated conspiracies, terrorism, eco-terrorism; biological warfare; psychological warfare; fraudulent financial operations including but not limited to tax and investment operations; in any part of the world;
  • To bring to justice those who are willingly involved in crimes such as wars; armed conflicts; democide; genocide; government-sponsored and/or government-supported and/or government-tolerated conspiracies, terrorism, eco-terrorism; biological warfare; psychological warfare; fraudulent financial operations including but not limited to tax and investment operations; by which one’s claimed unawareness of the aforementioned crimes by an institution or government one represents or participates in shall not grant one any immunity from prosecution and conviction;
  • To prevent the recurrence of wars; armed conflicts; democide; genocide; government-sponsored and/or government-supported and/or government-tolerated conspiracies, terrorism, eco-terrorism; biological warfare; psychological warfare; fraudulent financial operations including but not limited to tax and investment operations; in the future.

2. The specific objectives of the Commission include the complete and uncensored investigation of:

  • High-profile and high-level persons who are direct or indirect involved in the formation of a world government which knowingly shall serve the purpose of providing immunity from any forms of prosecution in any court of law for crimes (SITHHC Charter: article 8, article 9, article 10, article 11, article 12, article 13, article 14) committed by high-profile and high-level persons, their servants, their adherents and employees, and their entourage in the past, present and future;
  • All public and secret (covert) activities, transactions, policies and agreements of/by/involving the United Nations, all its Specialized Agencies and all members, participants, endorsers, financiers, ambassadors, promoters, advocates, representatives and partners of the United Nations and all its Specialized Agencies;
  • All public and secret (covert) activities, transactions, policies and agreements of/by/involving the World Bank Group and all members, participants, endorsers, financiers, ambassadors, promoters, advocates, representatives and partners of the World Bank Group;
  • All public and secret (covert) activities, transactions, policies and agreements of/by/involving the International Monetary Fund and all members, participants, endorsers, financiers, ambassadors, promoters, advocates, representatives and partners of the International Monetary Fund;
  • All public and secret (covert) activities, transactions, policies and agreements of/by/involving the North Atlantic Treaty Organization and all members, participants, endorsers, financiers, ambassadors, promoters, advocates, representatives and partners of the North Atlantic Treaty Organization;
  • All public and secret (covert) activities, transactions, policies and agreements of/by/involving the European Union/European Federation and all members, participants, endorsers, financiers, ambassadors, promoters, advocates, representatives and partners of the European Union/European Federation;
  • All public and secret (covert) activities, transactions, policies and agreements of/by/involving the Bilderberg Group/Meetings including its Steering Committee and all other members, participants, endorsers, financiers, ambassadors, promoters, advocates, representatives and partners of the Bilderberg Group/Meetings including its Steering Committee;
  • All public and secret (covert) activities, transactions, policies and agreements of/by/involving any other actors; (international/intergovernmental) entities, bodies, and organizations; individuals; private corporations and foundations; involved in wars; armed conflicts; democide; genocide; government-sponsored and/or government-supported and/or government-tolerated conspiracies, terrorism, eco-terrorism; biological warfare; psychological warfare; fraudulent financial operations including but not limited to tax and investment operations referred to the Commission.

ARTICLE 3: SEAT OF THE INSTITUTIONS

The seat of the institutions shall initially be located at Sithhc.wordpress.com.

The institutions shall operate from the initial seat but may sit and operate from, alternatively, anywhere else whenever the institutions consider it necessary or expedient to do so.

ARTICLE 4: JUDICIAL STATUS AND POWERS OF THE SPECIAL INTERNATIONAL TRIBUNAL FOR HIGH-PROFILE AND HIGH-LEVEL CRIMES (SITHHC)

The SITHHC shall have international judicial personality. The SITHHC shall also have such judicial capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.

ARTICLE 5: COMPOSITION OF THE COMMISSION

The Commission shall consist of thirteen (13) persons, referred to as “the Commissioners,” appointed by the SITHHC Executive Board.

The Commissioners may be of any nationality and need not to possess any judicial qualifications.

When discharging their duties a quorum of three (3) members shall suffice to constitute the Commission.

ARTICLE 6: THE JUDICIAL COMMITTEE

The Judicial Committee shall serve as the judicial arm of the Special International Tribunal for High-Profile and High-Level Crimes (SITHHC).

The Judicial Committee shall comprise a body of persons with judicial qualifications, regardless of their nationality, not exceeding seven (7) and appointed by the SITHHC Executive Board.

The Deputy Chairman of the SITHHC shall be the President of the Judicial Committee and in that capacity shall also have voting power.

Every member of the Judicial Committee shall, before taking up his/her duties, make a solemn declaration that he/she will exercise his/her powers impartially and conscientiously.

A quorum of three (3) Judicial Committee Members (“Judges”) shall suffice to constitute the Judicial Committee in the event that the President is indisposed or unable to discharge his duties. The Judges shall in such event elect from among themselves an Acting Interim President.

The SITHHC Executive Board shall appoint the Judicial Committee Registrar and may provide for the appointment of such other Officers as may be necessary.

The Judicial Committee shall make its own rules, but must be voted upon by the SITHHC Executive Board in order to be able to be implemented, for carrying out its functions including holding case management proceedings. In particular it shall lay down rules of procedure and evidence.

The official language of the Judicial Committee is English. The Judicial Committee shall at the request of any party authorize a language other than English to be used by that party. In such event the SITHHC Executive Board shall provide the Judicial Committee with any and all translation services and resources that the Judicial Committee requires for its proper functioning.

Hearings and sessions, not including deliberations and closed meetings, by the Judicial Committee shall be public only and always – for the Judicial Committee would not serve its purpose when the general public has not been given the ability to document the events for themselves; and shall be recorded and archived as audio and/or video files.

ARTICLE 7: JURISDICTION OF THE COMMISSION AND THE JUDICIAL COMMITTEE

The Commission and the Judicial Committee shall have jurisdiction under this Charter and regarding:

wars; armed conflicts; democide; genocide; government-sponsored and/or government-supported and/or government-tolerated conspiracies, terrorism, eco-terrorism; biological warfare; psychological warfare; fraudulent financial operations including but not limited to tax and investment operations.

The Judicial Committee may, in its absolute discretion, give an advisory opinion on any question of international law of substantial public importance at the request of the Special International Tribunal for High-Profile and High-Level Crimes, the Commission, the Justice Team, the Executive Board, the parties before the Judicial Committee or any one or more of the amici curiae appointed by the Judicial Committee in any particular case.

Questions upon which the advisory opinion of the Judicial Committee is asked shall be laid before the Judicial Committee by means of a written request containing an exact statement of the question upon which an opinion is required, and accompanied, where necessary, by all documents that clarify the question.

When the Judicial Committee agrees to comply with such a request, the Registrar shall forthwith give notice of the request for an advisory opinion to all concerned who shall be entitled to make written submissions before the Judicial Committee.

Unless the request for an advisory opinion is from the Commission, the Justice Team or the Executive Board, requests in other cases shall only be made through a firm of solicitors.

In the exercise of its advisory functions the Judicial Committee shall further be guided by the provisions of the current Charter and the Rules of Procedure and Evidence of the SITHHC Judicial Committee which apply in contentious cases to the extent to which they recognize them to be applicable.

 ARTICLE 8: CRIMES AGAINST PEACE

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

ARTICLE 9: CRIMES AGAINST HUMANITY

For the purpose of this Charter, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population:

  • Murder;
  • Extermination;
  • Enslavement;
  • Deportation or forcible transfer of population;
  • Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
  • Torture;
  • Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
  • Persecution against any identifiable group or collectivity on political, racial, national, regional, ethnic, cultural, residence, religious, gender or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Judicial Committee;
  • Enforced disappearance of persons;
  • The crime of apartheid;
  • Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or to physical health;
  • Imposition of unjust sanctions and blockade to impoverish civilian populations.

ARTICLE 10: GENOCIDE

For the purpose of this Charter, “genocide” means any of the following acts committed with the intent to destroy, in whole or in part, a national, regional, ethnic, racial or religious group, as such:

  • Killing members of the group;
  • Causing serious harm to body or to mental or to physical health to members of the group;
  • Deliberately inflicting on the group conditions of life calculated to bring about its physical or historical destruction in whole or in part;
  • Imposing measures intended to prevent births within the group;
  • Forcibly transferring children of the group to another group.

ARTICLE 11: WAR CRIMES

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

For the purpose of this Charter, “war crimes” means:

Grave breaches of the Geneva Conventions of August 12, 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

  •  Willful killing;
  • Torture or inhuman(e) treatment, including biological experiments;
  • Willfully causing great suffering, or serious injury to body, mental or physical health;
  • Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
  • Compelling a prisoner of war or other protected person to serve in the forces of a hostile power;
  • Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
  • Unlawful deportation or transfer or unlawful confinement;
  • Taking of hostages.

Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts:

  • Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
  • Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
  • Intentionally directing attacks against personnel, installations, material, units or vehicles involved in humanitarian or peacekeeping assistance or missions, as long as they are entitled to the protection given to civilians or civilian objects under the international laws of armed conflicts;
  • Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
  • Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
  • Killing or wounding a combatant who, having laid down his/her arms or no longer having means of defense, has surrendered at discretion;
  • Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
  • The transfer, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
  • Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected or administered, provided they are not military objectives;
  • Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his/her interest, and which cause death to or seriously endanger the health of such person or persons;
  • Treacherously killing or wounding individuals belonging to the hostile nation or army;
  • Declaring that no quarters will be given;
  • Destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war;
  • Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
  • Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war;
  • Pillaging a town or place, even when taken by assault;
  • Employing poison or poisoned weapons;
  • Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
  • Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
  • Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international laws of armed conflicts;
  • Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
  • Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
  • Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
  • Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international laws;
  • Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions;
  • Conscripting or enlisting children under the age of fifteen (15) into the national armed forces or using them to participate actively in hostilities;
  • Destruction, pillage and spoliation of the economies of countries under military occupation.

In the case of an armed conflict not of an international character, serious violations of article 3 common to the four (4) Geneva Conventions of August 12, 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

  •  Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
  • Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
  • Taking of hostages;
  • the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, without affording all judicial guarantees which are generally recognized as indispensable.

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

  • Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
  • Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international laws;
  • Intentionally directing attacks against personnel, installations, material, units or vehicles involved in humanitarian or peacekeeping assistance or missions, as long as the are entitled to the protection given to civilians or civilian objects under the international law of armed conflicts;
  • Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected and administered, provided they are not military objectives;
  • Pillaging a town or place, even when taken by assault;
  • Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four (4) Geneva Conventions;
  • Conscripting or enlisting children under the age of fifteen (15) into armed forces or using them to participate actively  in hostilities;
  • Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
  • Treacherously killing or wounding a combatant adversary;
  • Declaring that no quarters will be given;
  • Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his/her interest, and which cause death to or seriously endanger the health of such person or persons;
  • Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict.

 ARTICLE 12: DEMOCIDE

For the purpose of this Charter, “democide” means any of the following acts specifically committed by any government with the intent to destroy, in whole or in part, a national, regional, ethnic, racial, religious, political or cultural group, as such:

  • Killing members of the group;
  • Causing serious harm to body or to mental or to physical health to members of the group;
  • Deliberately inflicting on the group conditions of life calculated to bring about its physical or historical destruction in whole or in part;
  • Imposing measures intended to prevent births within the group;
  • Forcibly transferring children of the group to another group.

ARTICLE 13: PSYCHOLOGICAL WARFARE

For the purpose of this Charter, “psychological warfare” refers to planning of, preparation of, initiation of or participation in private, corporate, institutional, military or governmental psychological or information operations against a civil, non-hostile, population or individual with the intent to deliberately misinform, disinform, misdirect, physically injure, seriously endanger, murder, mentally control or deprive from rights or means a civil, non-hostile, population or an individual through the use of psychological or information operations, crimes against peace, crimes against humanity, war crimes, genocide, or democide (SITHHC Charter: article 8, article 9, article 10, article 11, article 12, article 14); possibly but not necessarily in a common plan or conspiracy.

ARTICLE 14: ECO-TERRORISM

For the purpose of this Charter, “eco-terrorism” refers to planning of, preparation of, initiation of or participation in private, corporate, institutional, military or governmental acts of terror – policy, repression or violence – through the use of deliberately altered environmental, meteorologic, cosmic, celestial or natural forces, characteristics or features with the intent to subdue or destabilize a government, or to subdue a population or an individual.

ARTICLE 15: JUSTICE TEAM

The Justice Team shall comprise of minimum two (2) Counselors at Law, regardless of their nationality and place of residence, appointed by the SITHHC Executive Board.

The Executive Board shall increase the membership of the Justice Team by appointing additional Counselors at Law, regardless of their nationality and place of residence, as and when it deems necessary to do so.

The Justice Team shall establish three (3) distinct divisions, each responsible for the execution and discharging of their respectively assigned functions and duties by the Executive Board, i.e.:

  1. The Prosecution Division: Prosecuting offenders before the Judicial Committee;
  2. The Defense Division: Providing judicial aid to accused, if such aid is requested;
  3. The Victims Unit Division: Securing the interests of victims and their dependents during the course of the proceedings before the Judicial Committee.

ARTICLE 16: EXECUTIVE BOARD

There shall be established an Executive Board to assist the Special International Tribunal for High-Profile and High-Level Crimes (SITHHC) and its other institutions in all their administrative functions. The Executive Board shall be comprised of a Chairman, a Deputy Chairman and such other officers and staff members as the Executive Board shall determine.

The Chairman shall be the Chief Administrative Officer of the Special International Tribunal for High-Profile and High-Level Crimes (SITHHC) and all its institutions. He/she shall also perform such other functions as are entrusted him/her by the Executive Board. He/she shall submit an annual report each year to the Executive Board on the work of the Special International Tribunal for High-Profile and High-Level Crimes (SITHHC) and its institutions.

The Chairman shall provide for the Executive Board’s own procedure in the execution and  discharge of its functions and duties.

ARTICLE 17: FINANCIAL MATTERS

The Executive Board shall determine the allowances and disbursements payable to each official and staff member involved in the work of the Special International Tribunal for High-Profile and High-Level Crimes (SITHHC).

ARTICLE 18: ADDITIONAL PROVISIONS

The SITHHC Executive Board may make provisions for any other matter that it deems necessary to enable it to carry out its work more effectively in furtherance of the objectives provided in and by this Charter.

ARTICLE 19: RULES OF PROCEDURE AND EVIDENCE OF THE JUDICIAL COMMITTEE

The Judicial Committee shall at its first meeting establish and adopt rules of procedure and evidence in accordance with the minimum standards and guidelines established by these rules. The Judicial Committee shall be mindful of its function as a committee of conscience and shall thereby act on fair, transparent and just procedure.

The minimum standards of fair procedure and evidence shall comprise the following:

  • Every person against whom a petition or charge is made shall be presumed innocent until his/her culpability is established on the evidence;
  • The proceedings shall be public
  • Every person charged must be informed of the exact charge(s) against him/her which must be expressed clearly and exactly and supported by sufficient and relevant grounds and facts;
  • Every person charged must be accorded a right of hearing (whether oral or written) and the fullest opportunity to answer the charge(s) must be accorded;
  • Every person charged must be informed of his right to judicial representation of his/her choice;
  • The proceedings shall at all times respect human dignity and shall only act on the basis of proven facts established on relevant evidence after full and fair proceedings;
  • A full and complete documentary record of the proceedings shall be kept and made available to every person charged and the public;
  • The Judicial Committee shall provide a full reasoned decision based on the relevant evidence found to be admissible and fair;
  • The burden of proof shall be on the basis of beyond reasonable doubt;
  • The onus of proof shall be on the prosecuting team throughout the proceedings;
  • In the event of a lacuna in the rules, the Judicial Committee shall adopt rules which comply with international standards of fairness and justice.

The charge shall state the offense with which the person is charged before the Judicial Committee.

The charge(s) must be accurately stated so that the person charged may know with  certainty the charged offense(s).

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

The Registrar of the Judicial Committee shall cause to be served on the accused a copy of the charges before the commencement of any proceedings of the Judicial Committee.

When the charge involves a sovereign state, a current head of state/government or a former head of state/government, service of a copy thereof to any relevant embassy or high commission shall suffice and the accused is deemed to have been served.

In all other cases such as military commanders, serving or retired, and government officials service of the charge shall be deemed effective when sent to the last known office of the accused.

Each member of the Judicial Committee shall be supplied with a copy of the charge(s).

Upon receipt of the charge(s), the Judicial Committee shall decide on the dates for commencement of proceedings which shall not be less than two (2) months from the date of filing of the charge(s) with the Registrar of the Judicial Committee.

The prosecution team shall submit their authorities and outline of the prosecution’s submission not later than fourteen (14) days from the date of the commencement of the proceedings and the defense team shall submit their authorities not later than seven (7) days from the date of the commencement of the proceedings of the Judicial Committee.

The evidence of witnesses shall preferably be in the form of a written testimony/affidavit with exhibits of the relevant documentary, photographic and/or audio/video evidence.

The evidence of witnesses shall be by way of witness statements in the form of an affidavit. The witnesses are required to file witness statements and such statements shall be read by the witnesses at the trial. The filing of such witness statements shall not preclude a witness from making further oral testimony at the trial if circumstances necessitate such additional evidence.

The accused person shall also file witness statements prior to the commencement of proceedings of the Judicial Committee.

Public documents which are records of sovereign authorities, of public officers, legislative, judicial, executive, municipal and military, of official bodies, courts and tribunals of any country and of any international organization, shall be accepted as documentary evidence, inclusive of electronic records of such documents. The Judicial Committee shall presume unless the contrary is proved that the electronic record has not been altered.

All interlocutory applications including applications to recuse a Judge of the Judicial Committee must be filed with the Registrar not later than ten (10) days prior to the commencement of the proceedings, supported by cogent evidence.

Notice of any preliminary objection to the jurisdiction of the Judicial Committee must be filed not later than ten (10) days prior to the commencement of the proceedings.

Case management shall be held not later than seven (7) days of the commencement of the proceedings, to be chaired by the President, or in his/her absence, by any Judge of the Judicial Committee nominated by the President.

The Judicial Committee proceedings shall commence with a reading of the charge(s) which shall be explained to the accused in person if he/she is present.

If the accused is not personally present before the Judicial Committee, the Judicial Committee shall inquire into the circumstances of his/her absence. The Judicial Committee shall be aided by the prosecution team in this regard, and will need to be satisfied on the evidence that the accused has been served with the charge(s) or otherwise been sufficiently informed of the commencement of the proceedings.

The reasons for the absence of the accused shall be duly recorded and shall form part of the official record of the proceedings.

If the Judicial Committee is satisfied that the accused is for any reason unwilling to appear in person or unwilling to appoint counsel to represent him/her before the Judicial Committee, the Judicial Committee shall appoint one or more amici curiae from the Defense Division of the Justice Team to assist the Judicial Committee by presenting an unbiased assessment of the charge(s) and evidence against the accused.

The amicus curiae appointed shall be a person independent of the prosecuting team.

The prosecution team shall begin by making an opening address by outlining the case against the accused.

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

The conduct of examination of witnesses shall be adversarial.

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

Where the accused is not present or no counsel has been appointed by him/her, the amicus curiae shall cross-examine the witness(es), followed by a re-examination of the witness(es) by the prosecution team.

Members of the Judicial Committee retain the power to examine any of the witnesses at any time in the interest of justice.

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

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

The accused or his/her counsel or the amicus curiae, as the case may be, may submit no case to answer at the conclusion of the case of the prosecution team.

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

The prosecution team shall thereafter close the case, followed by a reply from the accused or his/her counsel, where present or available.

In the absence of the accused or his/her counsel, the amicus curiae shall assist the Judicial Committee by replying to the prosecution team.

The Judicial Committee must be satisfied beyond reasonable doubt that the charge(s) has/have been proven, and shall provide a full and reasoned written verdict after adjournment and deliberation.

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

As a Judicial Committee of conscience, a verdict of the Judicial Committee shall be merely declaratory of the law(s). The Judicial Committee may recommend to the Commission to submit its findings to any other international organizations for further actions.

Where a charge has been proven before the Judicial Committee, the Judicial Committee shall recommend to the Commission that the name of the person adjudged guilty be included in the Commission’s Register of High-Profile and High-Level Criminals and Convicts and published accordingly.

In faith whereof the SITHHC Executive Board has signed the present Charter of the Special International Tribunal for High-Profile and High-Level Crimes (SITHHC).

Done at Sithhc.wordpress.com the twenty-eighth day of April two thousand and fourteen.