Justice

Justice

Proposal for an International Mechanism for Criminal Tribunals for Yezidi and Neighboring Peoples

Program of Action

The Congress of Nations and States (CNS) is developing a program of action plan and budget for planning, organizing and conducting a Criminal Tribunal for Yezidi and Neighboring Peoples subjected to alleged crimes of genocide and crimes against humanity including cultural genocide and ecocide.

The planning and organizing phase is expected to commence in April 2020. The first biennial budget (April 2020 – December 2021) calls for establishing the planning and organization team that will facilitate the establishment of the International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples that will authorize the mechanism for the Criminal Tribunal for Yezidi and Neighboring Peoples.

Central to the concept of justice is accountability. Justice for an aggrieved party may mean economic compensation, assurance of fairness of the process, some form of restitution, punishment, or a combination of these. Each form of justice demands accountability, defined as the ability to hold violators of law responsible for their actions.

The proposed program of action anticipates that the planning, organizing and conduct of Tribunal will require an estimated 81 months. The Tribunal Mechanism will be located in a host country in the Middle East, require the development of facilities and employ an estimated 260 legal, diplomatic, communications, investigative, administrative and document management professionals and support personnel. Government and non-governmental sponsorship of the Tribunal Mechanism, its Secretariat and Commission have been established.

Before the end of each biennium the budget will be evaluated for assessed changes in funding demands whether reduced or increased. If funds for a biennial budget are less than planned then the remaining funds will be transferred to the next biennial budget reducing the estimated budget by that term according to the transferred funds. This report will be submitted to relevant international agencies by the Mechanism the International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples as part of a biennial progress report on goals and objectives.

International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples

The International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples supported by a General Secretariat shall serve as the oversight organization comprised of twenty-nine internationally recognized experts representing indigenous nations, international states, non-governmental organizations and indigenous and state multilateral organizations.

Membership will consist of :

  • ten State authorized designees;
  • ten Indigenous nations authorized designees; and
  • three representatives each from NGOs and indigenous and state multi-lateral organizations.

The General Secretariat is responsible for organizing appointments from each entity. The Commission shall plan, organize and authorize the mechanism for the Criminal Tribunal for Yezidi and Neighboring Peoples. The mission of the Commission is to oversee the Tribunal and ensure international and local recognition and agreement of judicial decisions.

General Secretariat

The General Secretariat shall serve as the policy, administrative and budgetary support to the International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples comprised of a Secretary General and eight expert senior staff:

  • Executive Assistant
  • Policy Director
  • Chief of Staff
  • Deputy Secretary for State Diplomacy
  • Deputy Secretary for Indigenous Nation Diplomacy
  • Deputy Secretary for Legal Affairs
  • Deputy Secretary for Social and Health Affairs
  • Deputy Secretary for Communications and Public Information, and
  • Supporting personnel.

The General Secretariat provides research, recommendations and analysis in these specified fields for the benefit of Commissioners as they plan, authorize and oversee the Tribunal. The General Secretariat functions on a continuous basis each biennium drawing additionally on the ad hoc services of expert consultants to augment the specialized fields.

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Proposal for an International Mechanism for Criminal Tribunals for Yezidi and Neighboring Peoples

Program of Action

The Congress of Nations and States (CNS) is developing a program of action plan and budget for planning, organizing and conducting a Criminal Tribunal for Yezidi and Neighboring Peoples subjected to alleged crimes of genocide and crimes against humanity including cultural genocide and ecocide.

The planning and organizing phase is expected to commence in April 2020. The first biennial budget (April 2020 – December 2021) calls for establishing the planning and organization team that will facilitate the establishment of the International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples that will authorize the mechanism for the Criminal Tribunal for Yezidi and Neighboring Peoples.

Central to the concept of justice is accountability. Justice for an aggrieved party may mean economic compensation, assurance of fairness of the process, some form of restitution, punishment, or a combination of these. Each form of justice demands accountability, defined as the ability to hold violators of law responsible for their actions.

The proposed program of action anticipates that the planning, organizing and conduct of Tribunal will require an estimated 81 months. The Tribunal Mechanism will be located in a host country in the Middle East, require the development of facilities and employ an estimated 260 legal, diplomatic, communications, investigative, administrative and document management professionals and support personnel. Government and non-governmental sponsorship of the Tribunal Mechanism, its Secretariat and Commission have been established.

Before the end of each biennium the budget will be evaluated for assessed changes in funding demands whether reduced or increased. If funds for a biennial budget are less than planned then the remaining funds will be transferred to the next biennial budget reducing the estimated budget by that term according to the transferred funds. This report will be submitted to relevant international agencies by the Mechanism the International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples as part of a biennial progress report on goals and objectives.

International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples

The International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples supported by a General Secretariat shall serve as the oversight organization comprised of twenty-nine internationally recognized experts representing indigenous nations, international states, non-governmental organizations and indigenous and state multilateral organizations.

Membership will consist of :

  • ten State authorized designees;
  • ten Indigenous nations authorized designees; and
  • three representatives each from NGOs and indigenous and state multi-lateral organizations.

The General Secretariat is responsible for organizing appointments from each entity. The Commission shall plan, organize and authorize the mechanism for the Criminal Tribunal for Yezidi and Neighboring Peoples. The mission of the Commission is to oversee the Tribunal and ensure international and local recognition and agreement of judicial decisions.

General Secretariat

The General Secretariat shall serve as the policy, administrative and budgetary support to the International Independent Commission for the Criminal Tribunal for Yezidi and Neighboring Peoples comprised of a Secretary General and eight expert senior staff:

  • Executive Assistant
  • Policy Director
  • Chief of Staff
  • Deputy Secretary for State Diplomacy
  • Deputy Secretary for Indigenous Nation Diplomacy
  • Deputy Secretary for Legal Affairs
  • Deputy Secretary for Social and Health Affairs
  • Deputy Secretary for Communications and Public Information, and
  • Supporting personnel.

The General Secretariat also provides administrative support with services including:

  • personnel supervision
  • communications flow,
  • documents and records management
  • diplomatic coordination with states and indigenous nations, and
  • development and distribution of Commission public information.

The mission of the Secretariat is to plan and organize the Commission and upon official Commission inauguration serve as its research, policy, analytical, and administrative organ.

Mechanism

The Mechanism for the Criminal Tribunal for Yezidi and Neighboring Peoples is partially modeled on the organizational structure of the International Criminal Tribunal on Rwanda with full recognition that indigenous peoples are the primary parties affected by alleged acts of criminal genocide and crimes against humanity. Based on the Rwanda model it is expected that the Mechanism shall include Chambers, Office of the Prosecutor, Registry and Records Management & Archives (See diagram below).

The Mechanism is responsible for:

  • hearings
  • conducting trials
  • hearing appeals of accused persons
  • preparing and presenting prosecution cases
  • identifying suspects or suspected agents
  • providing translations and interpretations
  • providing detention
  • public information
  • outreach
  • legal aid to petitioners
  • enforcement of sentences
  • cooperating with the host state and indigenous nations; and
  • overall administration of the Tribunal as a whole.

The Mechanism administers its budget and administers the judicial, prosecutorial, administrative and records/archive management.

Congress of Nations and States (CNS) Organizational Chart