Section II International Court of Human Rights

 

Article 27 Composition of the Court

An International Court of Human Rights shall be created. The Court shall be comprised of one judge from each country that has ratified this Bill of Rights in its entirety, without reservation. Regional courts, subject to review by the International Court, and composed of one judge from each country in the region, shall also be organized through the continued operation of existing regional courts, and the creation of new ones.

 

Article 28 Terms of Service for Justices

The judges’ terms for the International Court of Human Rights and the regional courts shall be 6 years and no judge may serve more than three terms. Each judge shall have 4 law clerks, selected by the judge, with at least 2 of the 4 coming from countries different than the country that nominated the judge.

 

Article 29 Application in All Countries

The rights included in this Bill of Rights may be raised before the courts of all countries, as well as all regional courts.

 

Article 30 Supremacy of Rights

This Bill of Rights establishes a minimum standard to which all people are entitled, and
is superior to any law that conflicts with it. Any country may enact a law or interpret its own Constitution to provide for rights greater than those guaranteed by this Bill of Rights.

 

Article 31 Submission of Claims

No claim for a violation of rights may be brought before the International Court of Human Rights until the claim has first been brought in the domestic courts of the country in which the claim arose, including an appeal to the highest domestic appellate court, as well as any regional court. A case may, however, originate at the regional court if there is a showing of strong and convincing evidence that redress from the domestic court is untimely or impracticable.

 

Article 32 Hearings

Cases in the International Court are heard by Chambers of fifteen judges, fourteen randomly selected, along with the judge from the country in which the case arose. A Chamber’s decision may be reviewed by two thirds of the Court, randomly selected, along with the judge from the country in which the case arose, if a majority of the judges on the Court agree to review it. Regional Courts shall establish their own hearing procedures, but any decision may be reviewed by two thirds of the judges of the Regional Court, randomly selected, along with the judge from the country in which the case arose, if a majority of the judges on the Court agree to review it.

 

Article 33 Court Decisions

Once a case has been admitted, oral argument shall be the norm and a written decision by the majority of the Chamber, or the review from the Chamber, for the International Court, and all Regional Courts, shall be published in an official reporter. Dissenting opinions shall also be published, and each judge may write separately or join in an opinion by a group.

 

Article 34 Enforcement of Decisions

Decisions of the International Court of Human Rights, and all Regional Courts, are enforceable through the domestic courts in the country from which the case arose. Failure of any government to comply with the decisions of the Court may result in expulsion from the Global Bill of Rights treaty following a vote of two thirds of the judges of the International Court.