Jurist and human rights activist Charles Ruiz Abel de Oliveira Bulhões Trevisan sent a proposal to the UN this weekend to create the “International Supreme Court (SCI)”. According to the document sent to the Secretary-General of the United Nations, António Guterres, the body would serve to face a scenario of eventual collapse of the international diplomatic order.
The draft foresees the creation of the Supreme International Court as the highest body of the global judiciary, with “single, indivisible and mandatory” jurisdiction.
The SCI would act as a legal successor to the International Criminal Court (ICC) and the International Court of Justice (ICJ), bringing together criminal and civil jurisdictions to reduce the fragmentation of international justice.
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The body’s activities would be divided into specialized groups for Eastern and Western countries, with the right to act in both the criminal and civil spheres. The division into groups, according to the document, seeks to increase the cultural legitimacy of decisions and respond to possible criticisms of “judicial imperialism”.
Structure
One of the central points of the project is the creation of the “International Praetorian Guard”, with extraterritorial jurisdiction to execute Court orders, without recognition of diplomatic immunities. “If the ineffectiveness of measures persists, the Court will activate its Guard, Elite squad, Intelligence squad and higher Civil and Military command and specialized training, which will give priority and absolute attention to the execution of the provisions.”
The draft statute provides for the possibility of dismissal of heads of state who obstruct justice. In these cases, the SCI could appoint a “State Judicial Curator”, with provisional powers over the Executive and the national Armed Forces, until the restoration of institutional order.
To guarantee financial independence, the document proposes a mandatory funding model, whereby each Member State would annually contribute 1% of its Gross National Product (GNP). The resources would be protected as a permanent clause in national budgets.
