Statute
FOR THE
ESTABLISHMENT
OF THE
INTERNATIONAL DISARMAMENT
ORGANIZATION
THE STATE'S
PARTIES
Having agreed to
the provisions of the "Treaty on Complete and General Disarmament of
Strategic Offensive/Defensive Nuclear, Chemical, Bacteriological (Biological),
Radiological, Toxin Armaments and Other Armaments of Mass Destruction of the
Same Calibre or Types Toward A Peaceful Coexistence Between the Peoples of the
World" (hereinafter referred to as "the Treaty")'
Having agreed
that progress in disarmament should be accomplished by measures to strengthen
institutions for maintaining both international and domestic peace and security
throughout the world;
Having agreed
that all disarmament measures shall be implemented from beginning to end under
such strict and effective control as would provide firm assurances that all
Nations are honoring their obligations;
Having agreed
that to oversee the implementation of complete and general disarmament provided
for by the provisions throughout the Treaty and to oversee the provisions of
the other Statutes and Protocol attached, an international body to be known as
the International Disarmament Organization, hereinafter referred to as
"the Organization"; shall be established and function within the
framework of the provisions of the annexed Statute which is based upon the
"Statute For The Establishment of The International Disarmament
Organization" and within the framework of the Charter of the United
Nations, whenever applicable.
AND FOR THESE
ENDS
Mindful of the
provisions of the Charter of the United Nations;
Mindful of the
provisions to strengthen the procedures for maintaining both international and
domestic peace and security throughout the world;
Convinced that
for the attainment of a peaceful and secured world, it is imperative that all
Nations abide by existing international agreements, refrain from any action
which might aggravate international disputes or tensions and that they seek
settlement of all disputes by peaceful means; and
Therefore,
convinced that the survival of all life forms on the planet Earth depends on
mankind's ability to live in peace and harmony with their fellow neighbors and
the other peoples throughout the world.
HAVE AGREED
That the
establishment and function of the International Disarmament Organization shall
not be construed as replacing the United Nations or its responsibilities of
providing and maintaining international peace and security throughout the
world, but that of assisting the United Nations with its duties, thereby
helping to bring to life the reality of the Purposes and Principles of the
United Nations.
Article
1
Establishment
In order to
contribute to the maintenance of both international and domestic peace and
security throughout the world and to that end: for the effective means for the
enforcement of complete and general disarmament, for the prevention and removal
of threats to both the international and domestic peace and security and for
ensuring full compliances by all the State's Parties to the Treaty, an
international body to be known as the International Disarmament Organization,
hereinafter referred to as "the Organization", shall be established
during the Preparation Stage to the Treaty.
Article
2
Purposes
1. The Organization shall provide a safer
world whereby the peoples of the world will live in peace with one another,
without the threat of strategic offensive/defensive nuclear, chemical,
bacteriological (biological), radiological, toxin armaments and other types of
armaments of mass destruction of the same calibre or types being used or could
be used against them by the enforcement of the provisions of the Treaty with
its numerous Statutes and Protocol attached.
2. Therefore, all the State's Parties to
the Treaty shall cooperate promptly and completely with the Organization in the
performance of its obligations and in the execution of the decisions made by it
in accordance with the provisions listed throughout this Statute.
3. The International Disarmament Organization
shall function and execute its responsibilities within the framework of both
the terms and guidelines of this Statute and of the Charter of the United
Nations, whenever appropriate.
4. However, although the establishment of
this international body shall not be construed as replacing the United Nations,
whenever the provisions of this Statute and the Charter of the United Nations
conflict, the provisions pursuant to the "Statute For The Establishment of
The International Disarmament Organization" shall prevail, except wherever
specified.
Article
3
Composition
1. The Organization shall be comprised of
the following:
(a) A
General Council, consisting of representatives from all the State's Parties to
the Treaty;
(b) A Control Council, consisting of
representatives of all the major signatory powers as outlined in the
Introduction Phase to the Treaty, as the permanent Members and other State's
Parties to the Treaty, totaling no more than five (5) as the non-permanent Members
on a rotating basis;
(c) A revised Military Staff Committee,
consisting of the Chiefs of Staff of the permanent Members of the Control
Council;
(d) A Verification Council along with its
subsidiary Committees consisting of representatives from designated Nations and
inspection teams;
(e) Regional Commissions, consisting of two
(2) representatives from each of the Nations in their respective regions;
(f) An Administrator who, along with his
Staff Members, would administer the Organization and who would have the
authority, staff and finances adequate to ensure effective and impartial
implementation of the functions of the Organization; and
(g) An International Federal of Outer Space,
consisting of representatives of all the State's Parties to the Treaty.
2. In addition, the General Council, the
Control Council, the Verification Council or the Administrator of the
Organization shall have the power to establish such subsidiary bodies,
including expert study groups, as any or all of them might deem necessary or
appropriate in the execution of their duties outlined hereunder.
Article
4
Membership
1. The initial Membership shall be those
Nations which have signed and ratified in accordance with their constitutional
procedures the Treaty within the duration of the Preparation Stage to the
Treaty and with the deposit of their instrument of ratification; those Nations
are ipso facto Parties to the General Council of the
International Disarmament Organization.
2. Furthermore, all the other Nations not
falling under the provisions of paragraph 1 of this Article, also shall become ipso
facto Parties to the General Council of the International Disarmament
Organization, upon their signature and ratification in accordance with their
constitutional procedures of the Treaty and with the deposit of their
instrument of ratification.
3. In addition, all the Members of the
General Council of the International Disarmament Organization are ipso facto
Parties to the General Assembly of the United Nations.
4.
For those Nations not
being Members of the General Assembly of the United Nations at the time they
comply with either paragraph 1 or 2 of this Article, they shall automatically
become ipso facto Parties to such.
PART
1
THE
GENERAL COUNCIL
Article
5
Composition
1. The General Council of the
International Disarmament Organization shall be comprised of representatives
from all the State's Parties to the Treaty.
2. Each Member shall be represented by one
(1) delegate and may be accompanied by up to five (5) additional alternates and
up to five (5) advisors.
3. Whenever the General Council is in
session, it shall be represented by all the Members.
Article
6
Functions
1. The General Council of the Organization
shall fulfill the following functions:
(a) Elect the non-permanent Members of the
Control Council;
(b) Elect the Members of the Verification
Council;
(c) Elect the Administrator and his Staff
Members upon the advice of the Control Council;
(d) Approve agreements between the
International Disarmament Organization, the United Nations or other
International Organizations;
(e) Suspend the Membership of a Nation or
Nations from the General Council or from any other agency comprising the
Organization; and
(f) Approve ordinary and special reports
prepared and submitted by the Control Council or the Verification Council to
the General Council for the submissions by the Administrator to the various
bodies of the United Nations or to the International Court of Justice.
2. Furthermore, the General Council of the
Organization shall perform such other functions as deemed necessary or
appropriate by either the Control Council, the Verification Council or the
Administrator.
Article
7
Approval
of Amendments
1. The General Council of the Organization
shall approve all amendments to the Treaty pursuant to the provisions of
paragraph 2 of Article 40 of the Treaty.
2. In addition, the General Council of the
Organization shall approve all amendments to the "Statute For The
Establishment of The International Disarmament Organization" pursuant to
the provisions of paragraph 4 of Article 10 of the Organization.
Article
8
Advisory
Opinions
1. The General Council with the advice of
the Control Council shall request, through the Administrator of the
International Disarmament Organization, to the Secretary-General of the United
Nations, the International Court of Justice to give advisory opinions on any
legal questions arising concerning the interpretation and implementation of any
provisions throughout the Treaty and its numerous Statutes and Protocol attached.
2. Upon receipt of the decision by the
International Court of Justice, the General Council of the Organization shall
determine what course of action is needed to be taken to ensure that the
decision is implemented by those State's Parties to the Treaty, applicable to
them.
3. In implementing the provisions of
paragraph 1 of this Article, the General Council of the Organization shall
strictly abide by the provisions of the "Statute of the International
Court of Justice".
Article
9
Approval
of Budget
1. The General Council of the Organization
shall adopt the budget of the International Disarmament Organization upon being
recommended by the Administrator or return it with recommendation(s) as to its
entirety or parts to the Administrator, for re-submission to the General
Council.
2. The General Council shall fix the
financial contributions to be paid by its Members, keeping in mind the
provisions of paragraph 3 below.
3. Each and every Member of the General
Council shall contribute up to ten (10) percent of their yearly military budget
currently being spent by them at the time of their entry into force of the
Treaty, payable at the beginning of each calendar year.
Article
10
Voting
1. Each and every Member of the General
Council of the Organization shall have one (1) vote.
2. Questions pertaining toward the
implementation of the provisions of the Treaty with its numerous Statutes and
Protocol attached shall be decided and come into force by a two-thirds (2/3)
majority of the Members of the General Council present and voting. These shall
include but are not limited to:
(a) The election of the Administrator;
(b) The election of the Staff Members to the
Administrator;
(c) The election of the Members of the
Verification Council;
(d) The election of the non-permanent
Members of the Control Council;
(e) The suspension and restoration of
privileges of any Member to the General Council or from any other agencies
comprising the Organization;
(f) The adoption of the budgets of the
independent military force; and
(g) The adoption of the budget of the
Organization.
3. Procedural or any other similar matters
pertaining toward the implementation of the Treaty with its numerous Statutes
and Protocol attached shall be decided by a simple majority of the Members of
the General Council present and voting.
4. Approval of all amendments to the
"Statute For The Establishment of The International Disarmament
Organization" shall be taken by a simple majority of the Members of the
General Council present and voting.
Article
11
Election
of Officers
1. The Members of the General Council
shall have the right to prescribe the method of electing its officers.
2. The General Council shall elect from its
Members the following officers, keeping in mind the restrictions imposed by
paragraph 4 below:
(a) The President who shall preside over the
General Council;
(b) The Vice-President who shall assume the
duties of the President in the absence of or disability of the President; and
(c) The Secretary who shall record and
maintain the minutes of each and every General Council meeting.
3. The terms of these officers shall be for one (1)
year; outgoing Members shall not be eligible for immediate re-election.
4. These officers shall not be the
permanent or non-permanent Members of the Control Council or Members to any
other agency to the Organization, excluding the General Council or those expert
study groups to the Organization, which might interfere with their decisions
pertaining to the well-being of the Organization.
5. The General Council shall at its first
meeting outline the duties of their officers.
Article
12
Procedures
1. The General Council of the Organization
shall be so organized as to be able to function continuously during the
implementation of the provisions of the Treaty with its numerous Statutes and
Protocol attached, not withstanding the provisions of paragraph 3 of Article 60
of this Statute.
2. Therefore, whenever considering
implementing the provisions of the Treaty with its numerous Statutes and
Protocol attached, the General Assembly of the United Nations shall be broken
down into the whole body of the General Council of the International
Disarmament Organization.
3. The General Council shall adopt its own
rules of procedures.
PART
II
THE
CONTROL COUNCIL
SECTION
I
General
Provisions
Article
13
Composition
1. The Control Council of the Organization
shall be comprised of eleven (11) Members, designated as permanent and
non-permanent Members from the General Council.
2. The permanent Members of the Control
Council shall consist of six (6) representatives: one (1) from each of the
Nations from the People's Republic of China, France, the Republic of Germany,
Russia, the United Kingdom of Great Britain and Northern Ireland and the United
States of America.
3. The non-permanent Members of the Control
Council shall consist of five (5) Members from the General Council.
(a) The General Council of the Organization
shall keep in mind equitable geographical distribution in the selection of
these non-permanent Members of the Control Council.
(b) The selection of these non-permanent
Members of the Control Council shall be pursuant to paragraph 2 of Article 10
of the Organization.
4. The non-permanent Members of the
Control Council of the Organization shall be elected for a term of one (1)
year; outgoing non-permanent Members shall not be eligible for immediate
re-election.
5. Each permanent and non-permanent Member
of the Control Council shall be entitled to have no more than two (2)
representatives and two (2) advisors.
Article
14
The term
"Control Council" shall mean both the permanent and non-permanent
Members of the Control Council of the Organization, unless designated
otherwise.
Article
15
Functions
1. The Control Council of the Organization
shall fulfill the following functions:
(a) Advice the General Council upon the
election of the Administrator and his Staff Members;
(b) Along with the Security Council of the
United Nations, advice and provide assistance to the Verification Council to
establish procedures and standards for the installation and operation of the
verification arrangements and of the inspection teams;
(c) Upon receipt of any reports from the
Verification Council, review the results of the implementation of the measures
included in each Stage outlined throughout the Treaty with a view on reporting
on them to both the General Council and the Administrator of the Organization.
(d) Submit reports whether annual or special
to the General Council, upon request, pertaining toward the status of the
provisions of the Treaty with its numerous Statutes and Protocol attached;
(e) Advice the General Council upon
requesting the International Court of Justice to give advisory opinions on any
legal questions arising pertaining toward the implementation and interpretation
of any provisions throughout the Treaty with its numerous Statutes and Protocol
attached;
(f) Along with the Security Council of the
United Nations advice and provide assistance to the Verification Council on
providing data produced by the verification arrangements to the General Council;
(g) Along with the Security Council of the
United Nations and with the assistance of the Military Staff Committee,
establish and adopt the basic regulations necessary for the organization,
administration, recruitment, discipline, training, equipment and disposition of
the independent military force, consisting of the United Nations Peace Forces
and the United Nations Peace Reserve Forces; and
(h) Along with the Security Council of the
United Nations and with the assistance of the Military Staff Committee,
establish and adopt the basic regulations necessary for the organization,
administration, recruitment and discipline for the use of civilian personnel in
the helping of safeguarding both the international and domestic peace and
security throughout the world.
2. Furthermore, the Control Council of the
Organization shall perform such other functions as deemed necessary or
appropriate by either the General Council, the Verification Council or the
Administrator.
Article
16
Election
of Officers
1. The Control Council shall have the
right to prescribe the method of electing its officers.
2. The Control Council shall elect from
its permanent and non-permanent Members the following officers:
(a) The President who shall prescribe over
the Control Council;
(b) The Vice-President who shall assume the
duties of the President in the absence of or disability of the President; and
(c) The Secretary who shall record and
maintain the minutes of each and every Control Council meeting.
3. The terms of these officers shall be
for one (1) year; outgoing permanent Members shall not be eligible for
immediate re-election.
4. The Control Council shall at its first
meeting outline the duties of their officers.
Article
17
Voting
1. Each and every permanent and
non-permanent Member of the Control Council shall have one (1) vote.
2. Procedural matters shall be decided and
come into force by a simple majority of the Control Council present and voting.
3. Questions pertaining toward the implementation
of the provisions of the Treaty with its numerous Statutes and Protocol
attached shall be decided and come into force by an affirmative voice of eight
(8) of the permanent and non-permanent Members of the Control Council present
and voting.
4. All decisions pertaining toward the
implementation of the provisions of the Treaty with its numerous Statutes and
Protocol attached shall become null and void if two (2) or more of both the
permanent and non-permanent Members of the Control Council vote against the
decision.
5. However, whenever the Control Council
of the International Disarmament Organization along with the Security Council
of the United Nations are acting jointly toward the implementation of the
provisions of the Treaty with its numerous Statutes and Protocol attached, any
decision shall become null and void if seven (7) or more of the permanent and
non-permanent Members of both the Control Council of the International
Disarmament Organization and the Security Council of the United Nations vote
against the decision.
6. Therefore, whenever the Control Council
of the International Disarmament organization along with the Security Council
of the United Nations are acting jointly toward the implementation of the
provisions of the Treaty with its numerous Statutes and Protocol attached, the
provisions of paragraph 3 of Article 27 of the Charter of the United Nations is
suspended.
Article
18
Procedures
1. The Control Council shall be so
organized as to be able to function continuously during and after the
implementation of the Treaty with its numerous Statutes and Protocol attached,
not withstanding the provisions of paragraph 4 of Article 60 of this Statute.
2. Prior to implementing the provisions of
the Treaty with its numerous Statutes and Protocol attached, whenever the
Security Council of the United Nations is in regular, annual or special
session, it shall be broken down into the whole body of the Control Council of
the International Disarmament Organization for the purpose of implementing the provisions
of the Treaty and/or its numerous Statutes or Protocol.
3. Furthermore, the Control Council may
hold its meetings at such place or places other than the seat of the
International Disarmament Organization as in its judgment will best facilitate
its work.
4. The Control Council shall adopt its own
rules of procedures.
SECTION
II
Protector
of Peace; Procedures for Using Forces
Article
19
Self-Defense
1. Nothing shall impair the inherent right
of individual or collective self-defense if an armed attach occurs against a
Member of the General Council of the Organization until the Control Council of
the International Disarmament Organization along with the Security Council of
the United Nations have taken the appropriate measures necessary to restore or
maintain both international and domestic peace and security.
2. Furthermore, nothing shall impair the
inherent right of individual or collective, if an armed attack occurs against a
non-Member of the General Council of the Organization until the Control Council
of the International Disarmament Organization along with the Security Council
of the United Nations have taken the appropriate measures necessary to restore
or maintain both international and domestic peace and security.
3. Appropriate measures taken by either
Member(s) or non-Member(s) of the General Council of the Organization in the
exercise of this inherent right of self-defense shall be immediately reported
to both the Control Council of the International Disarmament Organization and
to the Security Council of the United Nations.
4. The authority and responsibility of the
Control Council of the International Disarmament Organization, pursuant to the
provisions of this Statute and the Security Council of the United Nations shall
not be effected pursuant to the provisions of this Article to take at any time
such action(s) deemed necessary and appropriate in order to restore or maintain
both international and domestic peace and security.
Article
20
Settlement
of Disputes
1. In exercising the duties and
responsibilities placed upon it by the provisions of this and other Statutes
associated with the Treaty for restoring and maintaining both international and
domestic peace and security, the Control Council of the International
Disarmament Organization along with the Security Council of the United Nations
(placed upon by the provisions of Chapter VII of the United Nations), shall,
when acting together consider and take whatever measures are necessary and
appropriate to restore or maintain both international and domestic peace and
security.
2. These may include, excluding the use of
armed forces, as provided for in Article 22 of this Statute, complete or
partial interruption of economic relations and of rail, sea, air, postal,
telegraphic, radio and other means of communications and the severance of
diplomatic relations.
3. However, should the provisions of
paragraph 2 of this Article prove to be inadequate, the Control Council of the
International Disarmament Organization along with the Security Council of the
United Nations shall take such military action by air, sea or land as may be
necessary and appropriate to restore or maintain both international and
domestic peace and security. This action may include demonstrations, blockage
and other provisions by the independent military forces comprised of all the
Members of the General Council of the Organization.
4. All the Members of the General Council
of the Organization shall abide by the provisions of paragraph 2 of this
Article and to the extent authorized by the annexed Statute, which is based
upon the "Statute For The Establishment of the United Nations Peace/United
Nations Peace Reserve Forces Throughout the World" with the provisions of
paragraph 3 of this Article.
5. In carrying out the requirements of this
Article, the Control Council of the International Disarmament Organization
along with the Security Council of the United Nations shall abide by the
provisions of paragraph 5 of Article 17 of this Statute.
Article
21
Availability
of Forces
1. All the Members of the General Council
of the International Disarmament Organization, in order to contribute to the
maintenance of both international and domestic peace and security throughout
the world, shall make available to the Control Council of the International
Disarmament Organization along with the Security Council of the United Nations
specific designated number of armed forces, along with any assistance and
facilities including rights of passage deemed necessary for maintaining both
international and domestic peace and security.
2. The obligations of the Members of the
General Council to make available their specific contingent force from their
armed forces to the Control Council of the International Disarmament
Organization along with the Security Council of the United Nations shall be
pursuant to the provisions of this Statute and to the annexed Statute, which is
based upon the "Statute For the Establishment of the United Nations
Peace/United Nations Peace Reserve Forces Throughout the World".
Article
22
Use
of Force
1. When the Control Council of the
International Disarmament Organization along with the Security Council of the
United Nations have decided to use armed forces for either restoring or
maintaining both international and domestic peace and security throughout the
various regions of the world, the Members of the General Council, whose armed
forces are being used, shall be invited to participate without vote (unless
Member(s) belong to the Control Council whereby they will have the right to vote)
in the discussions conducted by the Control Council of the International
Disarmament Organization along with the Security Council of the United Nations
on the use of that Member Nation's armed forces.
2. Furthermore, any non-Member of the
General Council of the International Disarmament Organization where the
conflict is occurring which interferes with both the international and domestic
peace and security in that particular region of the world, shall be invited to
participate without vote in the discussions conducted by the Control Council of
the International Disarmament Organization along with the Security Council of
the United Nations on the use of that Nation's armed forces.
3. The decision for the use of armed
forces to diffuse a conflict which threatens either or both the international
and domestic peace and security throughout a particular region of the world
shall be taken pursuant to the provisions of paragraph 5 of Article 17 of this
Statute.
Article
23
1. When the Control Council of the International
Disarmament Organization along with the Security Council of the United Nations
have authorized the use of armed forces to diffuse the conflict which threatens
international peace and security and which is the only way to either restore or
maintain the same, that decision shall be carried out by the permanent Members
of the Control Council, which through their contribution have comprised the
contingency force known as the United Nations Peace Forces.
2. However, should the domestic peace and
security in a particular region of the world be threatened, whenever the
Control Council of the International Disarmament Organization along with the
Security Council of the United Nations have determined and authorized the use
of armed force to diffuse the conflict, that decision shall be carried out by
all the Members and non-Members (if it has been determined) of the General
Council of that particular region of the world, which through their
contribution have comprised the contingency force known as the United Nations
Peace Reserve Forces.
Article
24
The Control
Council of the International Disarmament Organization along with the Security
Council of the United Nations are bestowed upon themselves primarily
responsibilities for the restoration and maintenance of both the international
and domestic peace and security throughout the various regions of the world.
Article
25
1. In conjunction with the duties
conferred upon the Control Council of the Organization throughout the
provisions of the Treaty, this and any other Statutes or the Protocol attached
to the Treaty, by the General Council or any duties conferred upon by the
Security Council or any other organs of the United Nations, the Control Council
shall ensure that each and every Member Nation to the International Disarmament
Organization complies with the procedures outlined throughout the different
Stages comprising the Treaty.
2. As such, for any Nation not being an
ipso facto Party to the General Council of the Organization at the time
that particular Nation should belong to and start complying with the provisions
of the Treaty applicable to them with the determination being made by the
Control Council, upon receipt of a report from the Verification Council, a
representative from that particular Nation shall appear before a special
session of the Control Council and shall:
(a) Inform the special session why their
Nation has not signed and ratified the Treaty with its numerous Statutes and
Protocol attached;
(b) Inform the special session if their
Nation plans on abiding with the provisions of the Treaty applicable to them,
and with its numerous Statutes and Protocol attached; and
(c) Provide the special session with the
appropriate declaration respecting inventories by categories established by the
Memorandum of Understanding and separate inventory reports, pursuant to the
provisions outlined in the Preparation Stage to the Treaty and applicable to
them.
3. The submission of the requirements
outlined in sub-paragraph 2(c) above shall be in the prescribed format pursuant
to the provisions of sub-paragraphs (D)1 and 2 of the Preparation Stage to the
Treaty.
4. Upon completion of the requirements of
paragraph 2 above, the special session of the Control Council shall determine
whether that Nation shall be exempt from that particular Stage to the Treaty or
whether they shall be required to comply with that particular Stage to the
Treaty applicable to them. This determination shall be done by following the
provisions in paragraph 3 of Article 17 of this Statute.
5. Upon completing the requirements of
paragraph 4 above, the special session of the Control Council shall prepare a
special report consisting of their findings and recommendations and submit it
to the General Council and the Verification Council of the International
Disarmament Organization in addition to both the General Assembly and the
Security Council of the United Nations.
SECTION
III
Military
Staff Committee
Article
26
Establishment
1. To advice and provide assistance to the
Members of both the Control Council of the International Disarmament
Organization along with the Security Council of the United Nations with the
requirements outlined in Section II of this Statute applicable to them and with
all questions relating to the composition, employment and other military
requirements of this independent military force used in restoring or
maintaining both international and domestic peace and security throughout the
various regions of the world, a special body shall be established to be known
as the Military Staff Committee.
2. The Military Staff Committee shall be
comprised of the Chiefs of Staff or its equivalence of the permanent Members of
the Control Council of the Organization.
3. Whenever the Military Staff Committee
of the Organization is considering implementing any of its functions as
provided throughout the provisions of this or other Statutes or the Protocol
associated with the Treaty, then the provisions of Article 47 of the Charter of
the United Nations shall be suspended.
Article
27
Functions
1. The Military Staff Committee of the
Organization shall be responsible for the strategic directions of any armed
forces, determined and authorized to be used in accordance with paragraph 3 of Article
22 of this Statute for either restoring or maintaining both international and
domestic peace and security throughout the various regions of the world.
2. Furthermore, the Military Staff
Committee of the Organization shall fulfill the following functions:
(a) With the advice and consent of the
Control Council of the International Disarmament Organization along with the
Security Council of the United Nations, divide the territories of the world
into seven (7) major regions and one (1) minor region;
(b) Establish procedures and standards for
the use of and operation of both the United Nations Peace Forces and the United
Nations Peace Reserve Forces;
(c) Employ a contingency force from the
overall composition of the United Nations Peace Forces to the seven (7) major
regions throughout the world;
(d) Provide assistance in the compliances of
the provisions of subparagraphs 1(g) and (h) of Article 15 of this Statute; and
(e) Review the findings and recommendations
submitted by the various Commissions with a view of reporting to both the
Control Council of the International Disarmament Organization along with the
Security Council of the United Nations for the determination on using the
contingency force from the United Nations Peace Forces or the United Nations
Peace Reserve Forces for either restoring or maintaining both international and
domestic peace and security throughout the various regions of the world.
3. In addition, the Military Staff
Committee of the Organization shall perform such other functions as deemed
necessary or appropriate by either the Control Council, the General Council,
the Verification Council or the Administrator.
SECTION
IV
Regional
Arrangements and Commissions;
Military
Installations or Bases
Article
28
Regional
Arrangements
1. For dealing with such matters relating
to the restoration and maintenance of both international and domestic peace and
security throughout the world, the Military Staff Committee with the advice and
consent of the Control Council of the International Disarmament Organization
along with the Security Council of the United Nations shall divide the
territories of the world into seven (7) major regions.
2. Furthermore, the area known as the
European continent being part of the seventh (7th) region, shall be further divided
into an eighth (8th) region, consisting of those Nations which belong to either
the North Atlantic Treaty Organization (commonly known as NATO) or the Treaty
of Friendship Cooperation and Mutual Assistance (commonly known as the Warsaw
Pact).
3. These regions shall be the same as
provided for by the provisions of Articles 1, 21, 34, 44, 54, 67, 74 and 84 of
the "Protocol to the United Nations Peace/United Nations Peace Reserve
Forces Throughout the World".
Article
29
Regional
Commissions
1. Regional Commissions shall be
established pursuant to the provisions of paragraph 1 of Articles 17, 29, 40,
50, 60, 70 and 80 of the "Protocol to the United Nations Peace/United
Nations Peace Reserve Forces Throughout the World".
2. The breakdown of these Commissions
corresponding to the regional arrangements are:
Regional
Arrangements Regional
Commissions
Middle
East Middle
East Commission
Korean
Peninsula Korean
Commission
Central
America Central
America Commission
African
Continent African
Commission
South
America South
American Commission
South/Southeast
Asia Asian
Commission
Other
Regions Super
Commission
3. In addition, one (1) minor Commission,
known as the Special Commission, consisting of those Nations having military forces
on the European continent shall be established within the Super Commission,
pursuant to the provisions of Article 84 of the "Protocol to the United
Nations Peace/United Nations Peace Reserve Forces Throughout the World".
4. Two (2) representatives from each
Nation within each region of the world shall become Members of their respective
Commission. Once these Commissions have been established, their respective
Members shall establish and may amend as appropriate, regulations governing
procedures and other relevant matters pertaining to their respective
Commissions.
Article
30
Functions
1. The Members of these regional
Commissions shall keep the Military Staff Committee:
(a) Informed as to what can be accomplished
to provide both international and domestic peace and security throughout their
respective region of the world; and
(b) Informed about the compliances of the
Treaty with its numerous Statutes and Protocol attached in addition to the
provisions of the Charter of the United Nations and any declarations and
resolutions deemed necessary and appropriate for bringing both international
and domestic peace and security throughout their respective region.
2. Furthermore, the Special Commission,
being a part of the Super Commission shall keep both the Military Staff
Committee and the Super Commission:
(a) Informed as to what can be accomplished
to provide both international and domestic peace and security throughout those
Nations which comprise the region of the world known as the European continent;
and
(b) Informed about the reduction of those
conventional forces located throughout those Nations on the European continent.
3. The Members of these regional
Commissions shall submit their findings and recommendations for providing both
international and domestic peace and security, in addition to the stationing of
any United Nations Peace Forces or the United Nations Peace Reserve Forces
throughout their respective region, to the Military Staff Committee.
4. In addition to complying with the
provisions of paragraph 3 above, the Special Commission shall also submit their
findings and recommendations to the Super Commission.
5. Upon receipt of these findings and
recommendations from these regional Commissions, the Military Staff Committee
shall comply with the provisions of paragraph 1 of Articles 19, 31, 42, 52, 62,
72 and 82 of the "Protocol to the United Nations Peace/United Nations
Peace Reserve Forces Throughout the World".
6. The following time-frames are
applicable to the provisions of this Section:
(a) The establishment of these regional
Commissions pursuant to the provisions of paragraphs 1 and 3 of Article 29 of
this Statute, shall be initiated upon the entry into force of the Preparation
Stage to the Treaty and shall be completed not later than thirty (30) calendar
days thereafter;
(b) The initial report consisting of their
findings and recommendations for acquiring and maintaining both international
and domestic peace and security throughout their respective region shall be
submitted not later than fifteen (15) calendar days to the Military Staff
Committee, after the establishment of these Commissions; and
(c) The submission of these reports by the
Military Staff Committee to the Control Council of the International
Disarmament Organization along with the Security Council of the United Nations
and to the Verification Council of the International Disarmament Organization
whenever appropriate, shall be not later than ten (10) calendar days
thereafter.
7. Upon the completion of these
time-frames as outlined in paragraph 6 above, the submission of follow-up
reports shall be at six-months intervals after the date of the submission of
the initial reports, unless requested earlier, except for the Special
Commission which shall be at three-months intervals.
Article
31
Military
Installations or Bases
1. The permanent Members of the Control
Council of the Organization shall designate and be authorized to maintain two
(2) military installations or bases in their respective and recognized
territory for the stationing of their contingency force of the overall
composition of the United Nations Peace Forces.
2. In addition, each of the Nations in each
region of the world shall designate and be authorized to maintain one (1)
military installation or base in their respective and recognized territory for
the stationing of their contingency force of the overall composition of the
United Nations Peace Reserve Forces.
3. Furthermore, for the stationing of the
specific number of United Nations Peace Forces throughout the different regions
of the world, as provided for in Section II of the "Statute For the
Establishment of the United Nations Peace/United Nations Peace Reserve Forces
Throughout the World", one (1) military installation or base shall be
established in the following regions:
(a) In the Middle East Region - on the Saudi
Arabian Peninsula in the Persian Gulf region;
(b) the Korean Peninsula - on the
Demarcation Line on the 38th Parallel;
(c) In the Central American Region - on the
coast of the Nation of the Republic of Honduras;
(d) In the South American Region - on the
coast of the Nation of the Republic of Surname;
(e) On the African Continent - on the coast
of the Nation of Ghana;
(f) In the South/Southeast Asian Region -
on the coast of the Island of Andean; and
(g) In the other Regions -
(i) On
the coast of the Island of Guam for the Pacific Ocean Region; and
(ii) On
the coast of the Island of Sardinia for the Atlantic Ocean Region.
4. In addition, for the permanent Members
of the Control Council of the Organization:
(a) Two (2) military installations or bases
shall be designated in their respective and recognized territory for use by
those transport vessels pursuant to the provisions of paragraph 9 of Article 5
of the Treaty;
(b) Two (2) military installations or bases
shall be designated in their respective and recognized territory for use by
those transport aircraft pursuant to the provisions of paragraph 3 of Article
11 of the Treaty; and
(c) Two (2) military installations or bases
shall be designated in their respective and recognized territory for use by
those reconnaissance aircraft pursuant to the provisions of paragraph 2 of
Article 11 of the Treaty.
5. Furthermore, for each of these Nations
in each region of the world and applicable to them, one (1) naval base or other
installation shall be designated in their respective and recognized territory
for use by those nuclear-powered or non-nuclear-powered submarines pursuant to
the provisions of paragraph 7 of Article 5 of the Treaty.
6. In addition, those Nations applicable
to the provisions of Articles 3, 4 and 5 of the annexed Statute, which is based
upon the "Statute for the Verification Procedures for the Implementation
of the Treaty on Complete and General Disarmament of Strategic
Offensive/Defensive Nuclear, Chemical, Bacteriological (Biological),
Radiological, Toxin Armaments and Other Armaments of Mass Destruction of the
Same Calibre or Types Toward A Peaceful Coexistence Between the Peoples of the
World" (hereinafter referred to as "the Verification Procedures")
shall designated twelve (12) military installations or bases located in their
respective and recognized territory for use as depots pursuant to the
provisions of Article 39 of this Statute.
7. Prior to using any of these military
installations or bases pursuant to the provisions of this Article, any special
structures, equipment or other requirements needed to ensure safety is being
observed at all times, shall be completed prior to the expiration time-frame of
the Preparation Stage to the Treaty.
Article
32
Acquisition
of Military Installation or Bases
1. The acquisition of those military
installations or bases referred to in paragraphs 1, 2 and 3 of Article 31 of
this Statute, shall be strictly worked out between the Military Staff Committee
and the respective Commissions by way of those Nations whereby these military
installations or bases are to be located.
2. In addition, the acquisition of those
military installations or bases referred to in paragraphs 4, 5 and 6 of Article
31 of this Statute, shall be worked out strictly between the Military Staff
Committee, the Verification Council and the respective Commissions by way of
those Nations applicable to the provisions of this paragraph.
3. Furthermore, if additional military
installations or bases are deemed necessary by the Verification Council, the
procedures outlined in paragraph 2 of this Article shall be followed.
4. All such military installations or bases
shall to the greatest extent possible, be located on islands or peninsulas or
away from the civilian populations in the Nations hereby these military
installations or bases are to be located, so as not to disrupt the social life
of the civilians of these Nations.
5. All such military installations or
bases acquired pursuant to the provisions of this Article shall be on a
long-term lease, by agreement if possible or otherwise by condemnation with
just compensation.
6. The Military Staff Committee shall
adopt regulations governing the selection of these military installations or
bases and the payment of just compensation in the form of equitable rentals
thereof.
Article
33
Settlement
of Disputes
1. In the case of a dispute as to whether
the rent paid or offered by the Military Staff Committee is equitable, the
private owner of the property in question or the Nation which owns such
property or within which such property is situated on acting on its own or on
the behalf of the private owner of such property as the case may be, may submit
the dispute for decision to the United Nations Regional Court within the
jurisdiction of which such property is situated.
2. However, if either the Military Staff
Committee or the private owner of the property is question or the Nation which
owns such property or in the territory of which such property is located is dissatisfied
with the judgment of the United Nations Regional Court, any of them shall have
the right to appeal to the International Court of Justice.
3. In the case of such an appeal to the
Intentional Court of Justice, the decision of that Court shall be final.
PART
III
THE
VERIFICATION COUNCIL
Section
1
General
Provisions
Article
34
Composition
1. The Verification Council of the
Organization shall be composed of ten (10) Members of the General Council.
2. This body shall consist of one (1)
representative from each of the following Nations: Botswana, Canada, Chile,
Columbia, Niger, Panama, Portugal, Tanzania, Vietnam and Yugoslavia.
3. Furthermore, the Verification Council
shall consist of the following subsidiary Committees and inspection teams:
(a) A Nuclear Test Ban Committee consisting
of five (5) Members from the General Council of the Organization. This
Committee shall consist of one (1) representative from each of the following
Nations: Burma, Honduras, Italy, Mali and Venezuela.
(b) A Chemical Ban Committee consisting of
five (5) Members from the General Council of the Organization. This Committee
shall consist of one (1) representative from each of the following Nations:
Algeria, Guatemala, Laos, Peru and Saudi Arabia.
(c) A Nuclear Weapons Ban Committee
consisting of five (5) Members from the General Council of the Organization.
This Committee shall consist of one (1) representative from each of the
following Nations: Belgium, Nicaragua, Pakistan, Paraguay and Zaire.
(d) Inspection teams. (See Article 41 of
this Statute for the composition of these inspection teams.)
4. The Members of the Verification Council
in addition to these subsidiary Committees and the inspection teams shall not
be Members from any other bodies comprising the Organization, excluding the
General Council.
5. The selection of these Members shall be
done by a two-thirds (2/3) majority of the Members of the General Council
present and voting.
6. However, if a Member of one of the
subsidiary Committees and inspection teams comprising the Verification Council
shall fail to obtain the required two-thirds (2/3) majority of the Members of
the General Council present and voting, the General Council shall keep in mind
equitable geographical distribution in the selection of another Member.
7. Every member of the Verification
Council in addition to these subsidiary Committees and inspection teams shall
be entitled to have no more than two (2) representatives and two (2) advisors.
Article
35
Functions
1. The Verification Council of the
Organization shall fulfill the following functions:
(a) With the advice and assistance of both
the Control Council of the International Disarmament Organization along with
the Security Council of the United Nations establish procedures and standards
for the installations and operation of the Verification Procedures.
(b) With the advice and assistance of both
the Control Council of the International Disarmament Organization along with
the Security Council of the United Nations establish and adopt the basic
regulations necessary of the organization, administration, recruitment,
discipline, training and other appropriate measures for the inspection teams of
the Organization.
(c) With the advice and assistance of both
the Control Council of the International Disarmament Organization along with
the Security Council of the United Nations establish and adopt the appropriate
measures for and provide data produced by the verification arrangements to the
Members of the General Council of the Organization.
(d) Review the results of the implementation
of the measures included in each State outlined throughout the Treaty with a
view on reporting on the progress to the Control Council of the Organization.
2. In addition, the subsidiary Committees
and the inspection teams shall fulfill their specific functions as outlined in
the Statute pertaining to the Verification Procedures.
3. Furthermore, the Verification Council
along with its subsidiary Committees and inspection teams shall perform such
other functions as deemed necessary or appropriate by either the Control
Council, the General Council and/or the Administrator.
Article
36
Election
of Officers
1. The Verification Council shall have the
right to prescribe the method of electing its officers.
2. The Verification Council shall elect
from its Members the following officers:
(a) The President who shall preside over the
Verification Council;
(b) The Vice-President who shall assume the
duties of the President in the absence of or disability of the President; and
(c) The Secretary who shall record and
maintain the minutes of each and every Verification Council meeting.
3. The terms of these officers shall be
for one (1) year; outgoing Members shall not be eligible for immediate
re-election.
4. The Verification Council shall at its
first meeting outline the duties of their officers.
Article
37
Voting
1. Each and every Member of the
Verification Council shall have one (1) vote.
2. Procedural matters shall be decided and
come into force by a simple majority of the Members of the Verification Council
present and voting.
3. Questions pertaining toward the
implementation of the Verification Procedures of the Treaty with its numerous
Statutes and Protocol attached shall be decided and come into force by a simple
majority of the Members of the Verification Council present and voting.
4. All decisions pertaining toward the
implementation of the Verification Procedures of the Treaty with its numerous
Statutes and Protocol attached shall become null and void if three (3) or more
of the Members of the Verification Council vote against the decision.
Article
38
Procedures
1. The Verification Council shall be so
organized as to be able to function continuously during and after the
implementation of the Treaty with its numerous Statutes and Protocol attached,
notwithstanding the provisions of paragraph 5 of Article 60 of this Statutes.
2. The seat of the Verification Council
shall be at Geneva, Switzerland.
3. However, the Verification Council may
hold its meetings at such place or places other than the seat of the
Verification Council as in its judgement will best facilitate its work,
excluding in the respective and recognized territory of the Nations of the
permanent Members of the Control Council of the Organization.
4. The Verification Council shall adopt
its own rules of procedures.
SECTION
II
Depots
Article
39
Military
Installations or Bases as Depots
1. In reference to the provisions of
paragraph 6 of Article 31 of this Statute, those Nations applicable to the
provisions of Articles 1-3, 5-8, 10, 12-14, 16 and 32 of the Treaty shall
designate twelve (12) military installations or bases to be used as depots,
pursuant to the provisions of sub-paragraph (A)5)(3) of the Preparation Stage
to the Treaty.
2. In the acquisition and location of
these specific military installations or depots, those Nations applicable to
the provisions of paragraph 1 of this Article shall abide by the provisions of
2, 4 and 5 of Article 32 of this Statute.
3. These specific military installations
or bases designated as depots, shall not be the same military installations or
bases being used for pursuant to the provisions of paragraphs 1, 2, 3, 4 and 5
of Article 31 of this Statute.
4. If additional military installation or
bases are needed for as depots as deemed necessary by the Verification Council
of the Organization, the provisions of paragraph 2 of Article 32 of this
Statute shall be followed.
5. Prior to using any of these specific
military installations or bases designated as depots, any special structure,
equipment or other requirements needed to ensure safety is being observed at
all times, shall be completed prior to the expiration time-frame of the
Preparation Stage to the Treaty.
SECTION
III
Method
of Verification
Article
40
General
Provisions
1. For the purpose of ensuring
verification compliances with the provisions of the Treaty with its numerous
Statutes and Protocol attached, the Members of the Verification Council shall
use International Technical Means (ITMs) at its disposal in a manner consistent
with general principles of international law.
2. Therefore, in compliance with the
provisions of paragraph 1 above, the permanent Members of the Control Council
of the Organization shall provide to the Members of the Verification Council,
their equipment falling under the category of National Technical Means (NTMs),
in addition to the technical knowledge and all data relating to the use of
such.
3. All the Members of the General Council
of the Organization to assist in and not to hinder in the verification of the
Treaty with its numerous Statutes and Protocol attached shall:
(a) Undertake not to interfere with the
international technical means of verification of the Verification Council; and
(b) Undertake not to use any deliberate
concealment measures which impede verification by international technical means
of compliances with the provisions of the Treaty with its numerous Statutes and
Protocol attached.
4. Additional verification procedures
shall be found in the Statute pertaining to the Verification Procedures.
Article
41
Establishment
of Inspection Teams
1. To assist the Verification Council with
its subsidiary Committees with the verification arrangements outlined
throughout the Treaty with its numerous Statutes and Protocol attached, seven
(7) inspection teams, consisting of 80 individuals apiece shall be initiated
within thirty (30) calendar days after the entry into force of the Preparation
Stage to the Treaty and shall be completed within fifteen (15) calendar days thereafter.
2. These inspection teams, upon being
comprised from specific Members to the General Council of the Organization,
shall be distributed to the seven (7) major regions of the world:
(a) Middle East
(1) Kingdom
of Sweden
(2) New
Zealand
(3) Socialist
Republics of Romania
(4) United
Mexican States
(b) Korean Peninsula
(1) Australia
(2) Norway
(3) Republic
of Turkey
(4) Republic
of Ecuador
(c) Central America
(1) Finland
(2) Japan
(3) Poland
(4) Greece
(d) African Continent
(1) Federal
Republic of Brazil
(2) Hungary
(3) Bulgaria
(4) Congo
(e) South America
(1) Republic
of Egypt
(2) Republic
of Siam (Thailand)
(3) Republic
of India
(4) Zambia
(f) South/Southeast Asia
(1) Republic
of Costa Rica
(2) Spain
(3) Nigeria
(4) Republic
of Surname
(g) Other Regions
(1) Argentina
Republic
(2) Morocco
(3) Oman
(4) Kenya
3. The selection of the individuals
comprising these inspection teams shall be conducted by the appropriate Members
of the General Council outlined in paragraph 2 above, with the names of these
individuals submitted to the Verification Council.
4. In the selection of these individuals
to he inspection teams, they shall be selected on the basis of their
competence, integrity and devotion to the Purposes and Principles of both the
Charter of the United Nations and with the Treaty with its numerous Statutes
and Protocol attached.
5. Detailed duties and other pertinent
information of these inspection teams shall be found in the Statute pertaining
to the Verification Procedures.
Article
42
Procedures
1. Each of these inspection teams shall be
so organized as to be able to function during and after the implementation of
the Treaty with its numerous Statutes and Protocol attached, notwithstanding
the provisions of paragraph 5 of Article 60 of this Statute.
2. Each of these inspection teams
throughout these seven (7) major regions shall adopt its own rules of
procedures.
PART
IV
THE
ADMINISTRATOR
Article
43
Composition
1. The Administrator of the Organization
shall be elected for a term of three (3) years by the Members of the General
Council, upon the advice of the Control Council, by a two-thirds (2/3) majority
of the Members of the General Council present and voting.
2. The Staff Members to the Administrator
shall be comprised of five (5) Members from the General Council.
(a) The Staff Members shall not belong to
any agency of the Organization, excluding the General Council, which might
interfere or cloud their decisions upon the Administrator.
(b) The Staff Members shall be elected by a
two-thirds (2/3) majority of the Members of the General Council present and
voting.
Article
44
Submission
of Budget
The Administrator
along with his Staff Members shall prepare and submit the budget of the
International Disarmament Organization to the General Council for their
consideration pursuant to the provisions of Article 9 of this Statute, by
approval of such, pursuant to the provisions of paragraph 2 of Article 10 of
this Statute.
Article
45
Procedures
1. The Administrator along with his Staff
Members shall ensure that the provisions of the Treaty with its numerous
Statutes and Protocol attached are scrupulously implemented and abided by all
the Members of the General Council of the Organization to the letter.
2. Any discrepancies found not in
conformity through the implementation of the Treaty with its numerous Statutes
and Protocol attached, written documentation pointing out these discrepancies
shall be prepared and submitted to the Verification Council in addition to the
Control Council of the International Disarmament Organization along with the
Security Council of the United Nations for their use and guidance.
3. The time-frame from the date the
discrepancy is noted and the preparation and submission of written
documentation to those bodies pursuant to paragraph 2 above, shall be no more
than fifteen (15) calendar days.
Article
46
1. The Administrator shall be the
spokesperson for the International Disarmament Organization.
2. In the capacity of this role, the
Administrator shall address any and all reports approved by the General Council
to the various bodies of the United Nations or to the International Court of
Justice.
3. Notwithstanding the provisions of
paragraph 23 of this Article, the Administrator shall prepare and submit, on a
semi-annual basis, reports to the General Assembly of the United Nations on the
status of the International Disarmament Organization, commencing upon the
completion of the Preparation Stage to the Treaty.
Article
47
The Administrator
along with his Staff members shall conduct such other duties as might be deemed
necessary and appropriate pursuant to the operations of the International
Disarmament Organization.
Article
48
The Administrator
shall therefore be the Chief Executive Officer of the International Disarmament
Organization.
PART
V
PRIVILEGES
AND IMMUNITIES OF THE INTERNATIONAL
DISARMAMENT
ORGANIZATION
Article
49
General
Provisions
1. The International Disarmament
Organization and all of its properties shall enjoy immunity from every form of
legal process, except insofar as in any particular case the Administrator, upon
the advice of the Control Council, has wavered such privileges.
2. The premises of the International
Disarmament Organization, whether at the Headquarters of the United Nations or
elsewhere throughout the world, shall be inviolable. The property of the
International Disarmament Organization shall be immune from search, requisition,
confiscation, expropriation or any other form of interference, whether by
executive, judicial or legislative action.
3. The achieves of the International
Disarmament Organization and all documents belonging to it or held by it shall
be inviolable.
4. The International Disarmament
Organization with its income and properties shall be exempt:
(a) From all taxes except from taxes or dues
which are no more than charges for public utility services;
(b) From all custom duties on imports and/or
exports in respect of articles imported or exported by the International
Disarmament Organization for its official use, including arms, equipment and
supplies for use by the United Nations Peace Forces, materials and equipment
for use by the International Federation of Outer Space and any equipment and
supplies for use by any organs of the International Disarmament Organization;
and from all prohibitions and quantitative restrictive in respect of such
imports or exports; and
(c) From all custom duties, prohibitions and
restrictions, on imports and exports in respect of its publications.
5. Whenever the International Disarmament
Organization is in session at the headquarters of the United Nations or on any
land or other areas leased or owned by the United Nations, it shall be under
the exclusive control and authority of the United Nations; and the United
Nations as such shall have the power to make laws and regulations applicable to
the Headquarters’ area or other such areas.
6. However, whenever the International
Disarmament Organization or its various agency bodies are in session on any
land or other areas not applicable to the provisions of paragraph 5 above, it
shall be under the exclusive control and authority of the International
Disarmament Organization and as such, shall have the exclusive power to make
laws and regulations applicable to such land or other areas.
7. In the enactment of these laws and
regulations, the International Disarmament Organization shall ensure that they
do not conflict with the Convention on the Privileges and Immunities of the
United Nations of February 13, 1946.
PART
VI
PRIVILEGES
AND IMMUNITIES OF THE MEMBERS OF THE
INTERNATIONAL
DISARMAMENT ORGANIZATION
Article
50
Freedom
of Movement
1. The Members of the International
Disarmament Organization shall have complete freedom of entry, movement within
and egress from the territory of any and all Nations.
2. Upon becoming a Member of the
International Disarmament Organization, each Member along with their
representatives and advisors shall be given an United Nations laissez-passer
from the Administrator. These United Nations laissez-passer shall be accepted
as valid travel documents by the authorities of all the Nations, and with
respect to them, such authorities shall either dispense with visas or issue
long-term visas without charge.
3. Once a Member of any or any
representative or advisor from any Member of the International Disarmament
Organization has resigned or been relieved of their duties, the United Nations
laissez-passer shall be returned to the Administrator.
Article
51
Freedom
of Communication
1. The Members of the International
Disarmament Organization along with their representatives and advisors shall
have complete freedom to use all means of communications available in any
Nation, to communicate with their Nation they represent, with any Commissions
throughout the world, with any organs of either the International Disarmament
Organization or the United Nations and with any international organization,
without any man-made interferences or censorship.
2. The Members of the International
Disarmament Organization along with their representatives and advisors shall
have the right to use codes and to dispatch and receive its correspondence by
courier or in sealed bags which shall have the same privileges and immunities
as diplomatic couriers and bags.
Article
52
Disclosure
of Information
1. Each and every Member of any organ of
the International Disarmament Organization along with their representatives and
advisors shall undertake not to use or disclose any confidential or private
information obtained throughout the course of their official duty and which is
unrelated to the accomplishment of their duties.
2. However, the provisions of paragraph 2
of this Article does not preclude each and every Member of any organ of the
International Disarmament Organization along with their representatives and
advisors from using or disclosing this information obtained throughout the
course of their official duty at the meeting of one of the organs of the International
Disarmament Organization of the United Nations.
Article
53
Freedom
of Arrest or Detention
1. Each and every Member of any organ of
the International Disarmament Organization along with their representatives and
advisors shall be immune from official interrogation by any National authority
and from arrest and all legal process in the exercise of words spoken or
written or acts performed or votes cast by them in the exercise of their
functions.
2. While attending the sessions from their
respective organ of the International Disarmament Organization, each and every
Member of any organ of the International Disarmament Organization along with
their representatives and advisors shall enjoy:
(a) Immunity from personal arrest or
detention, except when found in the act of committing or alleged to have
committed an offense against the domestic law of the host Nation they are
residing in, working in or traveling in;
(b) Immunity from inspection of or seizure
of personal baggage;
(c) Inviolability of all papers and
documents; and
(d) Such further privileges and immunities
as are enjoyed by members of the National Legislative body of the Nation in
which these privileges and immunities are claimed.
3. The Control Council of the Organization
shall adopt regulations defining what acts or omissions shall be deemed
offenses committed in any such areas, prescribing the penalties thereof and
providing for the apprehension, trial and punishment of any such accused in any
such offense.
4. The General Council of the Organization
shall have exclusive criminal and discipline jurisdiction in respect of
offenses committed by the Members of any organ of the International Disarmament
Organization or by the representative(s) or advisor(s) to any such Member in
any land or other areas leased or owned by the International Disarmament
Organization.
5. Other criminal and civil jurisdiction
in respect to the Members of any organ of the International Disarmament Organization
or by the representative(s) or advisor(s) to any such Member, shall be
exercised by the National authorities having jurisdiction in the host Nation in
respect of the acts or omissions committed or alleged to have committed an
offense in accordance to the domestic law of the host Nation, except such
jurisdiction may be modified by agreement between the International Disarmament
Organization and the respective Nation.
6. However, in a case of an apparent
denial of justice by any nation towards any Member of any organ of the
International Disarmament Organization or to any representative(s) or
advisor(s) to any such Member, either the International Disarmament
Organization or the person or persons concerned shall have the right to appeal
to the United Nations Regional Court having jurisdiction whereby the apparent
denial of justice had occurred.
7. Furthermore, if either the
International Disarmament Organization or the person or persons concerned is
dissatisfied with the ruling of the United Nations Regional Court, either of
them shall have the right to appeal to the International Court of Justice.
8. In the case of such an appeal, the
decision of the International Court of Justice shall be final.
9. Therefore, if the provisions of this
Article shall conflict with the provisions of the United Nations, the Vienna
Convention on Diplomatic Relations of April 18, 1961 and any other resolutions,
declarations or Statutes pertaining to diplomatic immunities from arrest or
detention and presented to the United Nations, then the provisions of this
Article shall prevail.
Article
54
Miscellaneous
Provisions
1. The privileges and immunities outlined
throughout Articles 50, 51, 52 and 53 of this Statute, shall apply to each and
every Member of any organ of the International Disarmament Organization along
with their representatives and advisors when traveling to and from the seat of
their organ of the International Disarmament Organization they are members of
or are in the process of which they have been invited to participate.
2. The Members of each and every organ of
the International Disarmament Organization along with their representatives and
advisors shall in the manner of customs and exchange control be accorded:
(a) By the government of their own nation,
the same facilities as those accorded to members of the National legislative
body of the nation when traveling abroad on official duty; and
(b) By other governments other than their
own, the same facilities as accorded by such governments to others when
traveling on official duty.
3. Privileges and immunities are granted
to each and every Member of any organ of the International Disarmament
Organization along with their representatives and advisors not for the personal
benefit of the individuals themselves, but to safeguard the individuals
exercise of their functions.
4. The Administrator with the advice of
the Control Council shall have the right and duty to waiver the immunities
provided in this Part to the Statute to any Member of any organ of the
International Disarmament Organization or to any representative(s) or
advisor(s) to any such Member, in any case where, in its opinion the immunity
would impede in the course of justice and can be wavered without prejudice to
the interest of the overall goal of the International Disarmament Organization.
5. Notwithstanding or undermining the
provisions of paragraph 1 above, the provisions outlined throughout this Part
of this Statute, shall not apply directly or indirectly to the independent
military forces or to the inspection teams of the Verification Council of the
Organization. The privileges and immunities of the Members of this independent
military force along with their civilian employees together with their
dependents are detailed throughout Articles 12, 13, 14, 15 and 16 of the
Statute, which is based upon the "Statute for the Establishment of the
United Nations Peace/United Nations Peace Reserve Forces Throughout the
World". For the privileges and immunities of the inspection teams of the
Verification Council, they shall be found in the Statute pertaining to the
Verification Procedures.
PART
VII
MISCELLANEOUS
PROVISIONS
Article
55
Relations
With Other Organizations
1. The International Disarmament
Organization shall conduct its activities within the framework of both the
"Statute For the Establishment Of the International Disarmament
Organization" and within the provisions of the "Charter of the United
Nations", whenever applicable.
2. In compliance with the provisions of
subparagraphs 1(c) and (d) of Article 15 of this Statute, the Administrator
shall forward all status reports pertaining to the implementation of the
provisions of the Treaty with its numerous Statutes and protocol attached to
both the Secretary-General and the General Assembly of the United Nations.
3. Upon receipt of such status report(s),
the General Assembly of the United Nations shall review them and may propose
any recommendation(s). These recommendations shall be forwarded to the General
Council of the International Disarmament Organization, which shall consider
them and take any appropriate action, if it warrants it, to improve the
implementation of the provisions of the Treaty with its numerous Statutes and
Protocol attached, providing that through the implementation of any proposed
recommendations submitted by the General Assembly of the United Nations, they
do not conflict with the overall goal and spirit of both the Purposes and
Principles of the Charter of the United Nations and with the provisions of the
Treaty with its numerous Statutes and Protocol attached.
Article
56
Exchange
of Information
1. Each and every Member of the General
Council of the Organization shall make available such information as deemed
helpful to the International Disarmament Organization.
2. Furthermore, each and every Member of
the General Council of the Organization shall make available all scientific and
technical information as deemed necessary or appropriate to the Verification
Council of the Organization.
3. In addition, the Members of the General
Assembly of the United Nations shall provide such information falling under
paragraphs 1 and 2 of this Article to the International Disarmament
Organization.
4. The provisions of this Article shall
not be construed as contradicting the provisions of Article 52 of this Statute.
Exchange of information as pertaining to this Article shall mean any and all
information not obtained throughout the course of their official duty whether
it might be confidential or private information not readily accessible to the
Members of the International Disarmament Organization.
Article
57
Amendments
1. Amendments to the "Statute for the
Establishment of the International Disarmament Organization" may be
proposed by any Member of the Organization. Certified copies of any proposed
amendments shall be prepared by the Staff Members to the Administrator and
given to the Members of the General Council of the Organization for their
consideration.
2. Amendments shall come into force for
all the Members of the Organization when:
(a) Approved by the General Council in
accordance with paragraph 4 of Article 10 of this Statute; and
(b) With the deposit of any instrument of
acceptance with the Depository referred to in paragraph 2 of Article 61 of this
Statute.
3. Proposed amendments shall become null
and void if the General Council of the Organization fails to ratify the
amendment(s) in accordance with the provisions of paragraph 2 of this Article.
Article
58
Suspension
of and Restoration of Privileges
1. A Member to the General Council of the
International Disarmament Organization which is in arrears in he payment of its
financial obligations to the Organization, as provided for in paragraph 3 of
Article 9 of this statute, shall have no vote if the amount of its arrears
equals to or exceeds the amount of its financial obligations due from it for
the preceding two (2) years.
2. However, such Member may nevertheless
be permitted to vote if the Control Council is satisfied that the failure to
pay is due to conditions beyond the control of such Member to the General
Council.
3. A Member to the Organization which has
persistently violated the financial obligations or the provisions of this
Statute or any agreements entered into by it pursuant to this Statute, the
Treaty or any other Statutes and protocol attached, may be suspended from
exercising the privileges and rights afforded in membership to the
International Disarmament Organization by a two-thirds (2/3) majority of the
General Council present and voting, upon the recommendation of the Control
Council.
4. Nevertheless, the suspended Member to
the General Council of the International Disarmament Organization shall be
responsible for its compliances with the provisions of the Treaty with its
numerous Statutes and Protocol attached, applicable to them.
5. Upon the decision by the General
Council pursuant to paragraph 3 of this Article, the Administrator of the
International Disarmament Organization shall inform both the Secretary-general
and the Security Council of the United Nations for their consideration in complying
with the provisions of Article 5 and 6 of the Charter of the United Nations.
6. Furthermore, upon being suspended from
the General Council of the International Disarmament Organization, the members
of the International Disarmament Organization shall impose an absolute
interruption of economic relations and of rail, sea, air, postal, telegraphic,
radio and other means of communications to the suspended Member.
7. The restoration of the rights and
privileges afforded in membership to the International Disarmament Organization
of such suspended Member shall be determined and approved by the General
Council upon the recommendation of the Control Council, when:
(a) The Control Council recommends the
restoration of the rights and privileges by a two-thirds (2/3) majority of the
Control Council present and voting; and
(b) The General Council determines and
approves by a two-thirds (2/3) majority of the General Council present and
voting.
8. Upon the restoration of the rights and
privileges afforded in membership to the International Disarmament Organization
of such ex-suspended member, and all sanctions and other actions taken pursuant
to the provisions of paragraphs 5 and 6 of this Article, shall be lifted
immediately.
Article
59
Withdrawal
1. Each and every Member of the
International Disarmament Organization shall in exerting its national
sovereignty has the right to withdraw from the International Disarmament
Organization, if it decides that extraordinary events related to the subject
matter has jeopardized its supreme interests. It shall give notice of its
decision to withdraw to the Control Council six (6) months prior to the
withdrawal.
2. Such notice shall include a statement
of the extraordinary event(s) regarding as having jeopardized its supreme
interest. Furthermore, this notice shall include steps which shall or could be
taken to reduce the jeopardized interests of the said Member.
3. The Control Council, upon receipt of
such notice, shall review the extraordinary events pertaining to such Member's
request to withdraw and shall make its recommendation to such Member for their
consideration.
4. If after considering these
recommendations from the Control Council they are still considered as
jeopardizing the national interests of said Member, said Member can then
withdraw from the International Disarmament Organization.
5. The withdrawal of such Member shall not
preclude it from complying with those provisions of the Treaty with its
numerous Statutes and protocol attached not brought forth in its notice which
resulted in the withdrawal of such member in the first place unless the Control
Council determines otherwise.
(a) If the Control Council determines that a
Member simply exercises its right to withdraw for lack of justification but
simply for not to comply with certain provisions of the Treaty and its numerous
Statutes and Protocol attached, then the Control Council shall recommend that
appropriate action be taken against such member.
(b) The form of such appropriate action to
be taken shall be pursuant to the provisions of paragraphs 5 and 6 of Article
58 of this Statute.
6. The re-admission of such member to the
International Disarmament Organization shall be when:
(a) Approved by the Control Council in
accordance with paragraph 2 of Article 17 of this Statute; and
(b) Approved by the General Council in
accordance with paragraph 2 of Article 10 of this Statute.
7. However, if any Nation falling under
the provisions of subparagraph 5(a) above desires to be reinstated as a Member
of the International Disarmament Organization, then the provisions of paragraph
7 of Article 58 of this Statute shall become applicable. The provisions of
paragraph 8 of Article 58 of this Statute shall be enacted upon once the
withdrawal Member has been reinstated.
8. The Control Council in its
determination and recommendation of the provisions of subparagraph 5(a) above,
shall abide by the provisions of paragraph 3 of Article 17 of this Statute.
Article
60
Duration
1. The International Disarmament
Organization shall be for an unlimited duration provided that all the members
of the General Council are present and vote on the subject matter not to
dissolve.
2. However, should all the Member of the
General Council of the International Disarmament Organization agree to dissolve,
the procedures outlined in subparagraphs (a) and (b) of this paragraph shall be
taken prior to the termination of the International Disarmament Organization.
(a) The two Councils - the General and
Control - must vote separately to dissolve; and
(b) The question to dissolve shall only be
enacted upon the completion of the implementation of the provisions of the
Treaty and its numerous Statutes and Protocol attached.
3. The General Council shall have the
right to dissolve provided that three-fourths (3/4) majority of the Members of
the General Council are present and vote to dissolve.
4. In addition, the Control Council shall
have the right to dissolve provided that three-fourths (3/4) majority of the
Members of the Control Council are present and vote to dissolve.
5. Whenever the International Disarmament
Organization is considering dissolving itself, the Verification Council along
with its subsidiary Committees and inspection teams shall merge with the
Control Council but shall have no vote into the matter to dissolve, except when
the General Council is considering such.
6. However, the International Federal of
Outer Space, being an organ of the International Disarmament Organization shall
not be effected by the provisions of this Article.
7. Upon having agreed to dissolve the
International Disarmament Organization, the duties and responsibilities of the
ex-organization shall be distributed as follows:
(a) For the former General Council, its
duties and responsibilities shall be assumed by the General Assembly of the
United Nations; and
(b) For the former Control Council, it shall
become an integral part of the Security Council of the United Nations which
shall assist with the latter with the responsibilities and duties outlined
throughout this Statute.
8. Therefore, prior to the enforcement of
the provisions of paragraph 7 of this Article, any appropriate amendments to
Articles 23 through 32, inclusively, to the Charter of the United Nations,
shall be presented and adopted in accordance with Article 108 of the Charter of
the United Nations.
Article
61
Ratification
and Signature
1. The present "Statute for the
Establishment of the International Disarmament Organization" shall be open
to all Nations for signature. Any nation which does not sign this Statute
before its entry into force in accordance with paragraph 3 of this Article may
accede to it any time.
2. The "Statute for the Establishment
of the International Disarmament Organization" shall be subject to
ratification in accordance with their constitutional procedures of the
signatory Nations. Instruments of ratification and instruments of accession
shall be deposited with the Administrator of the International Disarmament
Organization, which is hereby designated as the Depositary.
3. The "Statute for the Establishment
of the International Disarmament Organization" shall enter into force
after its ratification in accordance with the constitutional procedures by the
Governments of the People's Republic of china, France, Germany, Russia, the
United Kingdom of Great Britain and Northern Ireland, and the United States of
America and with the deposit of their instruments of ratification.
4. For Nations whose instruments of
ratification or accession are deposited subsequently to the entry into force of
the "Statute for the Establishment of the International Disarmament
Organization", it shall enter into force on the date of the exchange and
deposit of their instruments of ratification or accession.
5. The Depositary shall promptly inform
all signatory and acceding Nations of the date of each signature, the date of
deposit of each instrument of ratification or accession and the date of the
entry into force of the "Statute for the Establishment of the
International Disarmament Organization" and of any amendment(s) thereof,
as well as of the receipt of such other notices.
6. The "Statute for the Establishment
of the International Disarmament Organization" shall be registered by the
Depositary in accordance with Article 102 of the Charter of the United Nations.
Article
62
Authentic
Texts
1. The present "Statute for the
Establishment of the International Disarmament Organization", of which the
Arabic, Chinese, English, French, Hindu, Russian and Spanish texts are equally
authentic, shall remain deposited in the achieves of the Government of the
United States of America. Duly certified copies thereof shall be transmitted by
the Administrator of the International Disarmament Organization to the
Government(s) of the signatory and acceding Nation(s) for their consideration
and approval.
2. IN FAITH THEREOF, the representatives
of the Governments of the world have signed the present "Statute for the
Establishment of the International Disarmament Organization".
3. DONE AT THE HEADQUARTERS OF THE INTERNATIONAL
DISARMAMENT ORGANIZATION ______________ TWO THOUSAND AND _____.