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10/28/19 Michael Miller-EL Pretrial Hearing & International Tribunal Option

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17 USC § 107 Limitations on Exclusive Rights – FAIR USE

11/04/19 “FIRST” PRETRIAL HEARING - DEMAND FOR FREEDOM OF “HOSTAGE” MICHAEL ANTHONY MILLER-EL – A/K/A BY THE UNITED STATES OF AMERICA/UNITED STATES’ DESPOTISM GOVERNMENT EMPIRE AS MICHAEL ANTHONY MILLER
CUYAHOGA COUNTY COURT OF COMMON PLEAS (OHIO) – CRIMINAL CASE NO. 641058

DRAFT: STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE UNITED STATES OF AMERICA SINCE 1921____

INTERNATIONAL CRIMINAL COURT REFERENCE:
OTP-CR-367/18

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10/28/19 Michael Miller-EL Pretrial Hearing & International Tribunal Option

  1. 1. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE
  2. 2. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 1 of 26 c/o Interim Prime Minister Vogel Denise Newsome Post Office Box 31265 - Jackson, Mississippi 39286 Toll Free - (888) 700-5056 Phone: (601) 885-3324 Website: www.uticainternationalembassy.website Email: interimpm@uticainternationalembassy.website October 28, 2019 1 TO: VIA EMAIL: International Criminal Court/The Office Of The Prosecutor – c/o Mark P. Dillon (Head of Information & Evidence Unit) - otp.informationdesk@icc-cpi.int Fadi El Abdallah/Spokesperson Fadi.El-Abdallah@icc- cpi.int ICC Public Affairs - PublicAffairs.Unit@icc-cpi.int VIA EMAIL and/or FACSIMILE: (202) 514-9769 and/or (202) 514-8844 Office Of The Solicitor General United States Department of Justice c/o Noel Francisco – Noel.Francisco@usdoj.gov 950 Pennsylvania Avenue, NW #5143 Washington, DC 20530 VIA EMAIL and/or FACSIMILE: (216) 698-2270 Cuyahoga County Office of the Prosecutor ATTN: Michael C. O’Malley – mcomalley@prosecutor.cuyahogacounty.us The Justice Center –9thFloor 1200 Ontario Street Cleveland, Ohio 44113 VIA EMAIL AND/OR FACSIMILE: (202) 514-05632 United States Department of Justice Office of Legal Counsel ATTN: William Pelham Barr– US Attorney General c/o Melissa Golden (*) - usdoj- officeoflegalcounsel@usdoj.gov Room 5511, 950 Pennsylvania Avenue, N.W. Washington, DC 20530-0001 VIA EMAIL and/or FACSIMILE: (202) 225-8259 U.S. House Of Representatives ATTN: Nancy Pelosi – Speaker Of The House c/o Patti Ross – pattie.ross@mail.house.gov3 1236 Longworth H.O.B. Washington, DC 20515 VIA EMAIL and/or FACSIMILE: (202) 225-8259 U.S. House Of Representatives ATTN: Ilhan Omar - Congresswoman c/o Kelly Misselwitz – kelly.misselwitz@mail.house.gov 1517 Longworth H.O.B. Washington, DC 20515 VIA EMAIL and/or FACSIMILE: (410) 243-4095 Moorish Science Temple of America: The Asiatic Nation of North America c/o Hakim Elamenu-El, ALLI – Executive Ruler hakimelamenuel@yahoo.com 1050 East 33rd Street – Suite 206 Baltimore, Maryland 21218 FOREIGN NATIONS/LEADERS and the PUBLIC/WORLD-AT-LARGE 1 Boldface, Caps, Small Caps, Italics, and Underline, etc. are used for EMPHASIS! 2 (*) This Fax/Document is for DELIVERY to the person(s) that is addressed at “ATTN” – i.e. THROUGH Inter-Office Mail Services, etc. 3 PLEASE NOTE: Links/Internet Links provided and the documents/information contained therein as well as the Pictures and the information contained in them, are herein incorporated by reference as if set forth in full within this instant document. Information contained herein is based on Personal Knowledge, Research, Investigations, Interviews, Beliefs, etc. and at times have been cut and pasted for usage, etc.
  3. 3. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 2 of 26 RE: 11/04/19 “FIRST” PRETRIAL HEARING - DEMAND FOR FREEDOM OF “HOSTAGE” MICHAEL ANTHONY MILLER-EL – A/K/A BY THE UNITED STATES OF AMERICA/UNITED STATES’ DESPOTISM GOVERNMENT EMPIRE AS MICHAEL ANTHONY MILLER CUYAHOGA COUNTY COURT OF COMMON PLEAS (OHIO) – CRIMINAL CASE NO. 641058 DRAFT: STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE UNITED STATES OF AMERICA SINCE 1921____ INTERNATIONAL CRIMINAL COURT REFERENCE: OTP-CR-367/18 Greetings! As noted in our previous correspondences, this is to advise that our Citizen and Brother Michael Anthony Miller-EL (“Michael-EL”) has been KIDNAPPED (i.e. in Virginia and has been transported to Ohio), FALSELY imprisoned, etc., and is being held against his will as well as is being subjected to TORTURE and other MENTAL assaults, etc. by the Officials of the Cuyahoga County (Ohio) Sheriff’s Department, Cuyahoga County Court of Common Pleas and their CO-Conspirators (Officials of the United States of America/City of Cleveland/City of Roanoke, etc.) that poses threats to his Life, Liberties, Freedom, Peace, Safety, Wellbeing, Faith/Religion, Sovereignty, etc. From our checking of the Cuyahoga County Clerk of Courts’ Record, we found the following for a FIRST PRETRAIL Hearing, regarding our Citizen and Brother Michael Anthony Miller-EL: Set for MONDAY, 11/04/2019 Time: 10:00 A.M. Room: COURT Room JC 16B Judge: Reeve Kelsey
  4. 4. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 3 of 26 With that being said, on January 7, 2019, the International Criminal Court, the United States Department of Justice Officials and others were TIMELY, PROPERLY and ADEQUATELY notified of the 65 Count “CRIMINAL” Complaint to be filed prior to my March 25, 2019, KIDNAPPING and other WAR Crimes and Criminal Acts leveled against me in RETALIATION of our moving forward with a LAWFULLY formed “NEW” Government as well as RETALIATION for purposes of preventing the filing of FORMAL Criminal Charges with the International Criminal Court, and/or International TRIBUNALS (i.e. as the United Nations), etc.! https://www.slideshare.net/VogelDenise/010719-utica-international-embassys-response-to-usa-shutdown- status-of-criminal-complaintcommunication
  5. 5. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 4 of 26 Rights & Freedoms QUESTIONS AND ANSWERS ABOUT THE INTERNATIONAL CRIMINAL COURT AND ITS AFGHANISTAN INVESTIGATION https://www.afghanistan- analysts.org/questions-and-answers- about-the-international-criminal-court- and-its-afghanistan-investigation/ 2. What are war crimes and crimes against humanity? War crimes are certain acts that violate international rules on how armed conflict must be conducted. Crimes against humanity are serious human rights abuses committed against civilians on a widespread and systematic scale. They are sometimes called atrocity crimes, and, unlike war crimes, they can be committed at any time, not just during armed conflict. Some examples of these crimes are torture and cruel treatment (such as abuse in detention), intentional killing of civilians, and attacks on places such as schools, hospitals and mosques. Making these actions crimes means that individuals who ordered or perpetrated them can be held criminally accountable. They are called international crimes because they are thought to be so shocking that dealing with them should be the business of the whole world and not the state where the crimes were committed.
  6. 6. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 5 of 26 5. Who can the ICC investigate? The Court can investigate individuals, not states or corporations. The Rome Statute does not recognise immunity for any person, even heads of state or government officials. In other countries where the ICC has intervened there have been arrest warrants issued against presidents and high level officials such as heads of intelligence agencies, as well as the leaders of armed groups. With that being said, please be advised that Michael-EL is a KEY Witness in Legal/Lawful matters that we have brought to Foreign Nations and their Leaders’ attention as well as the International Criminal Court’s (“ICC”) attention regarding matters that are being carried out here within the Lands/Territories of the United States of America (“USA”) related to the WAR Crimes and other Criminal acts against our Nation/Government (Utica International Embassy [under the Leadership of myself (the Interim Prime Minister)]) and Citizens! We are aware of the upcoming December 4-6, 2019, Hearing in the “Situation in the Islamic Republic of Afghanistan” As of 10/24/19: https://www.icc-cpi.int//Pages/item.aspx?name=ma244 Today, 27 September 2019, the Appeals Chamber of the International Criminal Court (ICC) scheduled a hearing to receive oral arguments in the appeals of victims and of the Prosecutor against Pre-Trial Chamber II's "Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan". The hearing will be held in open court for three days from 4 to 6 December 2019, before the Appeals Chamber, composed of Judge Piotr Hofmański, Presiding judge, Judge Chile Eboe-Osuji, Judge Howard Morrison, Judge Luz del Carmen Ibáñez Carranza, and Judge Solomy Balungi Bossa. The Chamber will make its judgment on these appeals at a later stage. Given the importance of the legal issues to be addressed, the Appeals Chamber invited interested States to attend the hearing, and invited Professors of criminal procedure and/or international law, including international human rights law, as well as organisations with specific legal expertise in human rights to submit applications to participate as amici curiae at the upcoming hearing.
  7. 7. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 6 of 26 and look forward to submitting the applicable paperwork (i.e. Documents, Case Laws, etc.) to support the LAWFUL formation of our “NEW” Government/Nation as well as Organizations within same! Furthermore, we are in the process of drafting our Government’s Response(s) to such WAR Crimes and Atrocities being carried out by the United States of America’s DESPOTISM Government’s Officials/Employees/Representatives, Military Members, Legal Counsel Baker Donelson Bearman Caldwell & Berkowitz and their CO-Conspirators, etc. there in Afghanistan, here within the Lands/Territories of the USA and Abroad! We have evidence we believe will assist the ICC’s Prosecutor(s) in bringing the USA’s Officials, etc. to JUSTICE! Furthermore, we look forward to using evidence as these recent KIDNAPPINGS/FALSE Imprisonment… of myself and Brother Michael-EL as well as the MURDER of my Mother Pearl Leo Torrey/Torry Newsome to support the WAR Crimes being carried out by the USA’s DESPOTISM Government and the Nazis/Zionists that have INFILTRATED said Government and now control and run it with the pushing of Nazi Leader Adolf Hitler’s “World Order” Agenda which - in the 21st Century is known as the “NEW” World Order - promoting and seeking to implement “WHITE Supremacy” Worldwide using “TORTURE” techniques and creation of “CONCENTRATION Camps” – i.e. that the USA’s Officials have masked/shielded as Jails/Prisons/Detention Centers, etc. From our understanding, Brother Michael-EL is being held in a USA Concentration Camp here within the Land/Territories presently known as Cuyahoga County, Ohio! Here are a few pictures of what transpires in this Concentration Camp that simulate the WAR Crimes being carried out in Afghanistan and across the World by the USA’s DESPOTISM Government Empire’s WAR Crimes…ENFORCERS: NOTIFICATION OF 10/25/19 ARRAIGNMENT HEARING: https://www.slideshare.net/VogelDenise/102419-letter-michael-millerel-102519-arraignment-hearing
  8. 8. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 7 of 26
  9. 9. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 8 of 26 We look forward to addressing the USA’s DESPOTISM Government’s “RACKETEERING Empire” that is controlled and run by their Legal Counsel Baker Donelson Bearman Caldwell & Berkowitz and how such Mafia-Styled Operations are using their Concentration Camps to hold HOSTAGES and make RANSOM demands masked as “Bonds, etc.” to FINANCE their War Crimes and other ORGANIZED Criminal Activities! For our Brother Michael-EL they are demanding $100,000.00 in RANSOM in the form of CASH/PROPERTY!
  10. 10. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 9 of 26
  11. 11. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 10 of 26 18 U.S. Code Chapter 95 - RACKETEERING 18 U.S. Code § 1951 - Interference with commerce by threats or violence (a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both. (b) As used in this section— (1) The term “robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining. (2) The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. (3) The term “commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.
  12. 12. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 11 of 26 18 U.S. Code § 1957 - Engaging In Monetary Transactions In Property Derived From Specified Unlawful Activity (a) Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from specified unlawful activity, shall be punished as provided in subsection (b). (b) (1) Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or imprisonment for not more than ten years or both. . . . (2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction. (c) In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity. (d) The circumstances referred to in subsection (a) are— (1) that the offense under this section takes place in the United States .. . and territorial jurisdiction of the United States; . . . (e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General. (f) As used in this section— (1) the term “monetary transaction” means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument . . .by, through, or to a financial institution . . . including any transaction that would be a financial transaction under . . . this title. . .; (2) the term “criminally derived property” means any property constituting, or derived from, proceeds obtained from a criminal offense; and (3) the terms “specified unlawful activity” and “proceeds” shall have the meaning given those terms in section 1956 of this title.
  13. 13. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 12 of 26 18 U.S. Code § 1958 – Use Of Interstate Commerce Facilities In The Commission Of Murder- For-Hire (a) Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use …any facility of interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, or who conspires to do so, shall be fined under this title or imprisoned for not more than ten years, or both; and if personal injury results, shall be fined under this title or imprisoned for not more than twenty years, or both; and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both. (b) As used in this section and section 1959— (1) “anything of pecuniary value” means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage; (2) “facility of interstate or foreign commerce” includes means of transportation and communication; and (3) “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
  14. 14. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 13 of 26 18 U.S. Code § 1959 - Violent Crimes In Aid Of Racketeering Activity (a) Whoever, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity, murders, kidnaps, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, or threatens to commit a crime of violence against any individual in violation of the laws of any State or the United States, or attempts or conspires so to do, shall be punished— (1) for murder, by death or life imprisonment, or a fine under this title, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine under this title, or both; (2) for maiming, by imprisonment for not more than thirty years or a fine under this title, or both; (3) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than twenty years or a fine under this title, or both; (4) for threatening to commit a crime of violence, by imprisonment for not more than five years or a fine under this title, or both; (5) for attempting or conspiring to commit murder or kidnapping, by imprisonment for not more than ten years or a fine under this title, or both; and (6) for attempting or conspiring to commit a crime involving maiming, assault with a dangerous weapon, or assault resulting in serious bodily injury, by imprisonment for not more than three years or a fine of [1] under this title, or both. (b) As used in this section— (1) “racketeering activity” has the meaning set forth in section 1961 of this title; and (2) “enterprise” includes any partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, which is engaged in, or the activities of which affect, interstate or foreign commerce.
  15. 15. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 14 of 26 We have recently reviewed the following 2017 Thesis, “Mass Grave Aesthetics…” which raises some serious concerns in that it addresses the WAR Crimes and Criminal Acts of other Foreign Nations/States that are SIMILAR to that being carried out here within the Lands/Territories of the USA and throughout the WORLD by the United States of America’s DESPOTISM Government’s Officials/Employees/Representatives, etc., their Legal Counsel Baker Donelson and their CO- Conspirators - i.e. thus, disturbing because NOT only are the War Crimes… addressed in this Thesis happening in Third World Nations, they are actually occurring here (in PLAIN VIEW…) within the USA under the direction and leadership of the USA’s Legal Counsel Baker Donelson and its CO-Conspirators! The following Thesis, has been HIGHLIGHTED and PICTURES added for emphasis! We look forward to seeking an explanation from the ICC, United Nations, etc. as to “WHY” other States and their Leaders, etc. are being investigated and prosecuted; however, the War Crimes of the USA’s DESPOTISM Government and its Officials, etc. have gone UNPUNISHED with KNOWLEDGE of the War Crimes and atrocities being carried out? This blatant bias in handling of matters by International Tribunals is UNACCEPTABLE, DISCRIMINATORY, RACIST, etc. and in keeping with the “NEW” World Order Agendas of the Nazis/Zionists that have managed to create a “GLOBAL/INTERNATIONAL” Monopolization of Foreign Nations/States to further their “WHITE” Supremacist Agendas! Moreover, we believe with SINCERE investigations into matters such as that addressed in this Thesis that EVIDENCE may be rendered to support the USA’s DESPOTISM Government’s Officials’ major role(s) in such atrocities that are directly LINKED to the “NEW” World Order Agendas… their being the perpetrators of said agenda and their goals! https://www.slideshare.net/VogelDenise/102719-mass-grave-aesthetics-highlighted
  16. 16. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 15 of 26 IMPORTANT TO NOTE: The USA’s DESPOTISM Government Empire’s Officials may attempt to assert they are INVESTIGATING such matters (as that regarding the Cuyahoga County, Ohio Detention facilities, etc.); however, CONFLICT-OF-INTERESTS exist which PROHIBITS the assertion of such claims because Agency(s) allegedly doing the INVESTIGATION(S) are controlled and run by Baker Donelson Bearman Caldwell & Berkowitz who has managed to MONOPOLIZE and create the DESPOTISM Empire under which the USA is presently operating under which INCLUDE their SLAVERY Industry that is MASKED through their PRISON (Concentration Camps…) System! https://www.slideshare.net/VogelDenise/baker-donelsons-business-financial-interests-in-private-prisons https://www.slideshare.net/VogelDenise/022718-baker-donelsonlance-leggittdonald-trumpprivate-prison- agenda
  17. 17. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 16 of 26 Moreover, Baker Donelson (who serves as Legal Counsel for the USA): is the SAME Law Firm that IMPLEMENTED and ORDERED the TORTURE Techniques, etc. that are before the ICC in the Situation in Afghanistan! The SAME Law Firm that the USA’s Congress ALLOWED to MANIPULATE and control the TORTURE Hearings held for purposes of PROTECTING Baker Donelson Lawyers and INTERESTS, etc. Here is a Video to support Baker Donelson’s MANIPULATION of Hearings to PROTECT their interests and COVER UP War Crimes and other Criminal Acts: As of 10/17/19: https://vimeo.com/317716020
  18. 18. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 17 of 26 We believe the Article which was used to create the following document has been REMOVED “AFTER” our publishing because of the CRITICAL evidence contained therein exposing the MAJOR Roles played by the USA’s Legal Counsel Baker Donelson in such War Crimes in Atrocities carried out in Afghanistan and Abroad: As of 10/24/19: https://www.slideshare.net/VogelDenise/092812-david-addington-article-english
  19. 19. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 18 of 26 Furthermore, in our October 18, 2019 Letter, we set forth EVIDENCE of “HOW” the United States of America’s Legal Counsel Baker Donelson went about PLANNING, ORCHESTRATING and CARRYING OUT the September 11, 2001, DOMESTIC Terrorist Attacks for purposes of creating FALSE Narratives to generate and gain access into the Middle East through “WARS” Orchestrated by the USA’s DESPOTISM Government Empire’s Nazis/Zionists for purposes of pushing their “NEW” World Order Agenda! So, YES, we can set forth the MOTIVES (while may not be necessary) and more for such War Crimes and the MURDER/BLOOD SHED through such ATROCITIES for purposes of obtaining the OBJECTIVE of the Conspiracies implemented! https://www.slideshare.net/VogelDenise/101819-letter-uieicc-michael-miller-mattersrevised There is record evidence to support that Brother Michael-EL (as stated in documents submitted for filing) advised he was presenting matter to “…AGENTS/ACTORS: ACLU, MAYORS, ATTORNEY GENERALS, SECRETARY OF STTES, SHERIFFS, DOJ, UNITED NATIONS, INTERPOL, IRS, ICC etc.” and his greeting them in, “LOVE, TRUTH, PEACE, FREEDOM AND JUSTICE…”
  20. 20. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 19 of 26 and advising of the need for each Agent to be “INVESTIGATED;” moreover, advising of Rights being taken “FORCEFULLY” and, “IF WE DECIDE TO DEFEND OURSELVES THEY MUTE THE MIC’S OR DUCT TAPE OUR MOUTHS BECAUSE WE SEE THE FRAUD IN EVERY COLORABLE CASE…” IMPORTANT TO NOTE: What is this over the mouth and nose of the Hostage in the following picture? NOTE the restraints…! There is record evidence to support Brother Michael-EL provided TESTIMONY in his reporting of crimes through an “Affidavit of Criminal Complaint” where he shares concerns of, “Mail Fraud, Threats, Duress, Coercion…” as well as the Clerk’s “did willfully refuse to record” evidence submitted. Noting that upon good-faith efforts to file documents in person, follow up was made in accordance to the laws to get documents filed with the court. Delivery being accomplished as early as September 10, 2018, and as late as April 29, 2019 (emphasis)! However, we believe an Investigation will find that documents were NOT recorded in the Court matters referenced, etc.
  21. 21. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 20 of 26 Nevertheless, almost TWO MONTHS later (on June 21, 2019), Cuyahoga County, Ohio’s Court Officials, Sheriff and other CO-Conspirators sought to RETALIATE against Michael-EL and have him KIDNAPPED, FALSELY imprisoned and subjected to further WAR Crimes… and criminal activities and executed a frivolous “Issue Warrant for Named Defendant” and had it served at the “WRONG” address – in Macon, GEORGIA - with KNOWLEDGE (based on mailed documents from Michael-EL) that Cuyahoga County’s frivolous Summons would not be received! So at best, there appears to be “DEFECTIVE” Service as well as a JURISDICTIONAL issue present!
  22. 22. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 21 of 26
  23. 23. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 22 of 26 We look forward to presenting our matters before the International Criminal Court, the United Nations and/or the applicable International Tribunals for resolution as we move forward in seeking RESTITUTION and/or RELIEF on behalf of our Citizens through the applicable “TRUST FUND FOR VICTIMS” for the injuries/damages they have sustained and continue to suffer from as we implement the applicable INTERNATIONAL Tribunal proceedings to make our Citizens WHOLE, etc. (i.e. as much as possible from the irreparable harm they are being subjected to) in accordance to the ICC’s April 4, 2019, letter to us here at the Utica International Embassy (i.e. a letter that we are CONFIDENT was generated through further CRIMINAL Acts “ORCHESTRATED” by USA’s Officials [who CONSPIRED with my Siblings and other War Crimes… Enforcers)] in their efforts to avoid Investigations and Prosecution for War Crimes… in Afghanistan!)
  24. 24. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 23 of 26 We appreciate the interest from FOREIGN Nations and their Citizens in the work being done and hope they are just as excited as we are in the opportunity that has been given to us to bring the United States of America’s DESPOTISM Government’s Officials/Employees/Representatives, etc. and their Legal Counsel Baker Donelson and their CO-Conspirators to JUSTICE!
  25. 25. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 24 of 26 https://uticainternationalembassy.website We will be submitting the applicable paperwork for purposes of providing our Leaders and Citizens (i.e. who are WITNESSES in Legal/Lawful matters) with “PROTECTION” from further War Crimes and/or Criminal Acts of the USA’s DESPOTISM Government Empire’s Nazis/Zionists and their CO-Conspirators (i.e. WAR Crimes… ENFORCERS)! As the ICC’s and USA’s records will also reflect, we have advised that we believe it may be necessary to submit the proper paperwork that “WILL ALLOW” for MILITARY Intervention as we move forward in the building of our Governments since we presently do not have a Military nor Law Enforcement Agencies to assist us through our building and the “PROTECTION” of our Citizens from the vicious and malicious “War Crimes…. ENFORCERS” of the USA’s Despotism Government and the Nazis/Zionists that control and run said Despot!
  26. 26. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 25 of 26 These recent War Crimes being carried out are in keeping with the USA’s WAR Crimes and Criminal Acts against other Leaders that have been ASSASSINATED by the USA’s DESPOTISM Empire’s Nazis/Zionists and their CO-Conspirators for purposes of OBSTRUCTING JUSTICE and the INEVITABLE FALL of the USA and the FREEDOM of God’s/Allah’s/Yahweh’s People and the RISE of their LAWFUL Nations/Governments! In our moving forward to obtain the FREEDOM of our Brother Michael-EL as well as creating a temporary JUDICIAL System for our “NEW” Government to handle matters through, attached is a DRAFT of our: STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE UNITED STATES OF AMERICA SINCE 1921____ which we are working on finalizing for submittal.
  27. 27. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE 26 of 26 In the meantime, we ask that the ICC, United Nations and other International Tribunals keep before it matters as those set forth in this instant correspondence as well as previous submittals regarding Michael Anthony Miller-EL’s KIDNAPPERS setting forth the following: FIRST PRETRAIL Hearing Set for MONDAY, 11/04/2019 Time: 10:00 A.M. Room: COURT Room JC 16B Judge: Reeve Kelsey as we look forward to submitting the applicable paperwork to obtain INTERNATIONAL Assistance should the USA’s DESPOTISM Government Officials REFUSE to set him FREE! This is the 21st Century and out Nation/Government and Citizens have had enough of the USA’s Nazis/Zionists TERRORIST/RACIST/DISCRIMINATORY… practices that have resulted in WAR Crimes and other Criminal Acts against us! Therefore, in keeping with INTERNATIONAL Laws, we are moving forward in taking the necessary steps that “COWARDS” fear to take because in our People, there is “NO FEAR” and Fear is NOT an OPTION in lawfully seeking our FREEDOM, INDEPENDENCE and SEPARATION! Thank each of you in advance for assisting us in our GOOD-FAITH efforts to bring about a PEACEFUL Resolution regarding the above referenced matters. We reserve the right to amend this instant Correspondence should it be deemed necessary! Should either of you have any questions, please do not hesitate to contact us at (888) 700-5056 and (601) 885-3324. Respectfully Submitted, Utica International Embassy c/o Interim Prime Minister Vogel Denise Newsome Post Office Box 31265 Jackson, Mississippi 39286 (888) 700-5056 or (601) 885-3324 Email: interimpm@uticainternationalembassy.website Website: https://uticainternationalembassy.website
  28. 28. STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE UNITED STATES OF AMERICA SINCE 1921____ Adopted by Security Council Resolution No.___ (_____) of ___ November 2019 Having been established by the Security Council acting under Chapter VII of the Charter of the United Nations, the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the United States of America since 1921___ (hereinafter referred to as "the International Tribunal") shall function in accordance with the provisions of the present Statute. Article 1 Competence of the International Tribunal for United States of America The International Tribunal shall have the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of United States of America and Citizens responsible for such violations committed in said territory, between ___ and ___ 2019, in accordance with the provisions of the present Statute. Article 2 Grave breaches of the Geneva Conventions of 1949 The International Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (a) wilful killing; (b) torture or inhuman treatment, including biological experiments; (c) wilfully causing great suffering or serious injury to body or health; (d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; (f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial; (g) unlawful deportation or transfer or unlawful confinement of a civilian; (h) taking civilians as hostages.
  29. 29. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 2 of 16 Article 3 Violations of the laws or customs of war The International Tribunal shall have the power to prosecute persons violating the laws or customs of war. Such violations shall include, but not be limited to: (a) employment of poisonous weapons or other weapons calculated to cause unnecessary suffering; (b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity; (c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings; (d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science; (e) plunder of public or private property. Article 4 Genocide 1. The International Tribunal shall have the power to prosecute persons committing genocide as defined in paragraph 2 of this article or of committing any of the other acts enumerated in paragraph 3 of this article. 2. Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births within the group; (e) forcibly transferring children of the group to another group.
  30. 30. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 3 of 16 3. the following acts shall be punishable: (a) genocide; (b) conspiracy to commit genocide; (c) direct and public incitement to commit genocide; (d) attempt to commit genocide; (e) complicity in genocide. Article 5 Crimes against humanity The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict (i.e. to use Wars and retaliation from Members of the Confederate States of America, etc. for losing the Civil War… using hidden Cold War practices to accomplish Agendas, etc.), whether international or internal in character, and directed against any civilian population: (a) murder; (b) extermination; (c) enslavement; (d) deportation; (e) imprisonment; (f) torture; (g) rape; (h) persecutions on political, racial and religious grounds; (i) other inhumane acts. Article 6 Violations of Article 2 common to the Geneva Conventions and of Additional Protocol II The International Tribunal (addressing the Situation in the United States of America) shall have the power to prosecute persons committing or ordering to be committed serious violations of Article 3 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, and of Additional Protocol II. These violations shall include, but shall not be limited to:
  31. 31. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 4 of 16 (a) Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment; (b) Collective punishments; (c) Taking of hostages; (d) Acts of terrorism; (e) Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault; (f) Pillage; (g) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples; (h) Threats to commit any of the foregoing acts. Article 7 Personal Jurisdiction The International Tribunal shall have jurisdiction over natural persons pursuant to the provisions of the present Statute. Article 8 Individual Criminal Responsibility 1. A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in Articles 2 to 6 of the present Statute, shall be individually responsible for the crime. 2. The official position of any accused person, whether as Head of State or Government, as a responsible Government official, etc. shall not relieve such person of criminal responsibility nor mitigate punishment. 3. The fact that any of the acts referred to in Articles 2 to 6 of the present Statute was committed by a subordinate does not relieve him/her or superior of criminal responsibility if he/she knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.
  32. 32. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 5 of 16 4. The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him/her of criminal responsibility, but may be considered in mitigation of punishment if the International Tribunal determines that justice so requires. Article 9 Territorial and Temporal Jurisdiction The territorial jurisdiction of the International Tribunal shall extend to the territory (to be determined due to the High-Profile nature and Conflict Of Interests present) including its land surface and airspace as well as to the territory of prospective States (to be determined, etc.) in respect of serious violations of international humanitarian law committed by United States of America citizens, etc. The temporal jurisdiction of the International Tribunal shall extend to a period beginning on ____ 1921, and ending on ____, 2019. Article 10 Concurrent jurisdiction 1. The International Tribunal (due to the Conflict of Interests in the United States of America’s national courts) shall have jurisdiction to prosecute persons for serious violations of international humanitarian law committed in the territory (to be determined) for such violations committed in the territory of the United States of America, between _____ 1921, and ______, 2019. 2. The International Tribunal shall have primacy over the national courts of the United States of America. The International Tribunal will formally request the United States of America’s national courts to comply with its competence in accordance with the present Statute and the Rules of Procedure and Evidence of the International Tribunal. Article 11 Non-bis-in-idem 1. No person shall be tried before a national court for acts constituting serious violations of international humanitarian law under the present Statute, for which he or she has already been tried by the International Tribunal. 2. A person who has been tried by a national court for acts constituting serious violations of international humanitarian law may be subsequently tried by the International Tribunal only if: (a) the act for which he or she was tried was characterized as an ordinary crime; or (b) the national court proceedings were not impartial or independent, were designed to shield the accused from international criminal responsibility, or the case was not diligently prosecuted.
  33. 33. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 6 of 16 3. In considering the penalty to be imposed on a person convicted of a crime under the present Statute, the International Tribunal shall take into account the extent to which any penalty imposed by a national court on the same person for the same act has already been served. Article 12 Organization of the International Tribunal The International Tribunal shall consist of the following organs: (a) The Chambers, comprising three Trial Chambers and an Appeals Chamber; (b) The Prosecutor; and (c) A Registry, servicing both the Chambers and the Prosecutor. Article 13 Composition of the Chambers 1. The Chambers shall be composed of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of nine ad litem independent judges appointed in accordance with Article 14 ter, paragraph 2, of the Statute, no two of whom may be nationals of the same State. 2. Three permanent judges and a maximum at any one time of six ad litem judges shall be members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may be divided into sections of three judges each, composed of both permanent and ad litem judges. A section of a Trial Chamber shall have the same powers and responsibilities as a Trial Chamber under the Statute and shall render judgement in accordance with the same rules. 3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members. 4. A person who for the purposes of membership of the Chambers of the International Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights. Article 14 Qualifications of Judges The permanent and ad litem judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers and sections of the Trial Chambers, due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.
  34. 34. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 7 of 16 Article 14 bis Election of Permanent Judges 1. Fourteen of the permanent judges of the International Tribunal shall be elected by the General Assembly (i.e. and vetted by the Utica International Embassy’s Officials out of concerns of bias the United Nations may have due to this unique, historical and high-profile Situation involving the United States of America’s Officials, etc.) from a list submitted by the Security Council, in the following manner: (a) The Secretary-General shall invite nominations for judges of the International Tribunal from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters. (b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in Article 14 of the Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a permanent judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of United States of America and United States of America Citizens Responsible for Genocide and Other Such Violations Committed in said Territory, between _____ 1921, and ____ 2019 (hereinafter referred to as "The International Tribunal") in accordance with the applicable Article of the Statute of that Tribunal. (c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than twenty-eight and not more than forty-two candidates, taking due account of the adequate representation of the principal legal systems of the world. (d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect fourteen permanent judges of the International Tribunal. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters, shall be declared elected. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected. Upon completion, the Utica International Embassy’s Officials will be provided with list of candidates for vetting purposes and their determination to be submitted to the President of the Security Council. 2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 14 of the Statute, for the remainder of the term of office concerned.
  35. 35. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 8 of 16 3. The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the judges of the International Court of Justice. They shall be eligible for re-election. Article 14 ter Election and Appointment of ad litem Judges 1. The ad litem judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council (i.e. a list to be vetted by the Utica International Embassy’s Officials out of concerns of bias the United Nations may have due to this unique, historical and high-profile Situation involving the United States of America’s Officials, etc.), in the following manner: (a) The Secretary-General shall invite nominations for ad litem judges of the International Tribunal from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters; (b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to four candidates meeting the qualifications set out in article 14 of the Statute, taking into account the importance of a fair representation of female and male candidates; (c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than fifty-four candidates, taking due account of the adequate representation of the principal legal systems of the world and bearing in mind the importance of equitable geographical distribution; (d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect the twenty- seven ad litem judges of the International Tribunal. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters shall be declared elected. Upon completion, the Utica International Embassy’s Officials will be provided with list of candidates for vetting purposes and their determination to be submitted to the President of the Security Council; (e) The ad litem judges shall be elected for a term of four years. They shall not be eligible for re-election. 2. During their term, ad litem judges will be appointed by the Secretary-General, upon request of the President of the International Tribunal, to serve in the Trial Chambers for one or more trials, for a cumulative period of up to, but not including, three years. When requesting the appointment of any particular ad litem judge, the President of the International Tribunal shall bear in mind the criteria set out in article 14 of the Statute regarding the composition of the Chambers and sections of the Trial Chambers, the considerations set out in paragraphs 1 (b) and (c) above and the number of votes the ad litem judge received in the General Assembly.
  36. 36. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 9 of 16 Article 14 quater Status of ad litem Judges 1. During the period in which they are appointed to serve in the International Tribunal, ad litem judges shall: (a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent judges of the International Tribunal; (b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the International Tribunal; (c) Enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal. 2. During the period in which they are appointed to serve in the International Tribunal, ad litem judges shall not: (a) Be eligible for election as, or to vote in the election of, the President of the Tribunal or the Presiding Judge of a Trial Chamber pursuant to article 15 of the Statute; (b) Have power: (i) To adopt rules of procedure and evidence pursuant to article 16 of the Statute. They shall, however, be consulted before the adoption of those rules; (ii) To review an indictment pursuant to article 20 of the Statute; (iii) To consult with the President in relation to the assignment of judges pursuant to article 15 of the Statute or in relation to a pardon or commutation of sentence pursuant to article 29 of the Statute; (iv) To adjudicate in pre-trial proceedings. Article 15 Officers and Members of the Chambers 1. The permanent judges of the International Tribunal shall elect a President from amongst their number. 2. The President of the International Tribunal shall be a member of the Appeals Chamber and shall preside over its proceedings.
  37. 37. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 10 of 16 3. After consultation with the permanent judges of the International Tribunal, the President shall assign four of the permanent judges elected or appointed in accordance with Article 14 bis of the Statute to the Appeals Chamber and nine to the Trial Chambers. 4. Two of the permanent judges of the International Tribunal elected or appointed in accordance with article 14 bis of the Statute of that Tribunal shall be assigned by the President of that Tribunal, in consultation with the President of the International Tribunal, to be members of the Appeals Chamber and permanent judges of the International Tribunal. 5. After consultation with the permanent judges of the International Tribunal, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal to the Trial Chambers. 6. A judge shall serve only in the Chamber to which he or she was assigned. 7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of the Trial Chamber as a whole. Article 16 Rules of procedure and evidence The judges of the International Tribunal shall adopt rules of procedure and evidence for the conduct of the pre-trial phase of the proceedings, trials and appeals, the admission of evidence, the protection of victims and witnesses and other appropriate matters. Article 17 The Prosecutor 1. The Prosecutor shall be responsible for the investigation and prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the United States of America since ____ 1921. 2. The Prosecutor shall act independently as a separate organ of the International Tribunal. He or she shall not seek or receive instructions from any Government or from any other source. 3. The Office of the Prosecutor shall be composed of a Prosecutor and such other qualified staff as may be required. 4. The Prosecutor shall be appointed by the Security Council on nomination by the Secretary- General. He or she shall be of high moral character and possess the highest level of competence and experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor shall serve for a four-year term and be eligible for reappointment. The terms and conditions of service of the Prosecutor shall be those of an Under-Secretary-General of the United Nations.
  38. 38. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 11 of 16 5. The staff of the Office of the Prosecutor shall be appointed by the Secretary-General on the recommendation of the Prosecutor. Article 18 The Registry 1. The Registry shall be responsible for the administration and servicing of the International Tribunal. 2. The Registry shall consist of a Registrar and such other staff as may be required. 3. The Registrar shall be appointed by the Secretary-General after consultation with the President of the International Tribunal. He or she shall serve for a four-year term and be eligible for reappointment. The terms and conditions of service of the Registrar shall be those of an Assistant Secretary-General of the United Nations. 4. The staff of the Registry shall be appointed by the Secretary-General on the recommendation of the Registrar. Article 19 Investigation and preparation of indictment 1. The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained from any source, particularly from Governments, United Nations organs, intergovernmental and non-governmental organizations. The Prosecutor shall assess the information received or obtained and decide whether there is sufficient basis to proceed. 2. The Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as appropriate, seek the assistance of the State authorities concerned. 3. If questioned, the suspect shall be entitled to be assisted by counsel of his own choice, including the right to have legal assistance assigned to him without payment by him in any such case if he does not have sufficient means to pay for it, as well as to necessary translation into and from a language he speaks and understands. 4. Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused is charged under the Statute. The indictment shall be transmitted to a judge of the Trial Chamber.
  39. 39. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 12 of 16 Article 20 Review of the indictment 1. The judge of the Trial Chamber to whom the indictment has been transmitted shall review it. If satisfied that a prima facie case has been established by the Prosecutor, he shall confirm the indictment. If not so satisfied, the indictment shall be dismissed. 2. Upon confirmation of an indictment, the judge may, at the request of the Prosecutor, issue such orders and warrants for the arrest, detention, surrender or transfer of persons, and any other orders as may be required for the conduct of the trial. Article 21 Commencement and conduct of trial proceedings 1. The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses. 2. A person against whom an indictment has been confirmed shall, pursuant to an order or an arrest warrant of the International Tribunal, be taken into custody, immediately informed of the charges against him and transferred to the International Tribunal. 3. The Trial Chamber shall read the indictment, satisfy itself that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to enter a plea. The Trial Chamber shall then set the date for trial. 4. The hearings shall be public unless the Trial Chamber decides to close the proceedings in accordance with its rules of procedure and evidence. Article 22 Rights of the accused 1. All persons shall be equal before the International Tribunal. 2. In the determination of charges against him, the accused shall be entitled to a fair and public hearing, subject to article 22 of the Statute. 3. The accused shall be presumed innocent until proved guilty according to the provisions of the present Statute. 4. In the determination of any charge against the accused pursuant to the present Statute, the accused shall be entitled to the following minimum guarantees, in full equality:
  40. 40. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 13 of 16 (a) to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) to have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing; (c) to be tried without undue delay; (d) to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) to have the free assistance of an interpreter if he cannot understand or speak the language used in the International Tribunal; (g) not to be compelled to testify against himself or to confess guilt. Article 23 Protection of victims and witnesses The International Tribunal shall provide in its rules of procedure and evidence for the protection of victims and witnesses. Such protection measures shall include, but shall not be limited to, the conduct of in camera proceedings and the protection of the victim's identity. Article 24 Judgement 1. The Trial Chambers shall pronounce judgements and impose sentences and penalties on persons convicted of serious violations of international humanitarian law. 2. The judgement shall be rendered by a majority of the judges of the Trial Chamber, and shall be delivered by the Trial Chamber in public. It shall be accompanied by a reasoned opinion in writing, to which separate or dissenting opinions may be appended.
  41. 41. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 14 of 16 Article 25 Penalties 1. The penalty imposed by the Trial Chamber shall be limited to imprisonment. In determining the terms of imprisonment, the Trial Chambers shall have recourse to the general practice regarding prison sentences in the courts of the former Yugoslavia. 2. In imposing the sentences, the Trial Chambers should take into account such factors as the gravity of the offence and the individual circumstances of the convicted person. 3. In addition to imprisonment, the Trial Chambers may order the return of any property and proceeds acquired by criminal conduct, including by means of duress, to their rightful owners. Article 26 Appellate proceedings 1. The Appeals Chamber shall hear appeals from persons convicted by the Trial Chambers or from the Prosecutor on the following grounds: (a) an error on a question of law invalidating the decision; or (b) an error of fact which has occasioned a miscarriage of justice. 2. The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chambers. Article 27 Review proceedings Where a new fact has been discovered which was not known at the time of the proceedings before the Trial Chambers or the Appeals Chamber and which could have been a decisive factor in reaching the decision, the convicted person or the Prosecutor may submit to the International Tribunal an application for review of the judgement. Article 28 Enforcement of sentences Imprisonment shall be served in a State designated by the International Tribunal from a list of States which have indicated to the Security Council their willingness to accept convicted persons. Such imprisonment shall be in accordance with the applicable law of the State concerned, subject to the supervision of the International Tribunal.
  42. 42. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 15 of 16 Article 29 Pardon or commutation of sentences If, pursuant to the applicable law of the State in which the convicted person is imprisoned, he or she is eligible for pardon or commutation of sentence, the State concerned shall notify the International Tribunal accordingly. The President of the International Tribunal, in consultation with the judges, shall decide the matter on the basis of the interests of justice and the general principles of law. Article 30 Cooperation and judicial assistance 1. States shall cooperate with the International Tribunal in the investigation and prosecution of persons accused of committing serious violations of international humanitarian law. 2. States shall comply without undue delay with any request for assistance or an order issued by a Trial Chamber, including, but not limited to: (a) the identification and location of persons; (b) the taking of testimony and the production of evidence; (c) the service of documents; (d) the arrest or detention of persons; (e) the surrender or the transfer of the accused to the International Tribunal. Article 31 The Status, Privileges and Immunities of the International Tribunal 1. The Convention on the Privileges and Immunities of the United Nations of 13 February 1946 shall apply to the International Tribunal, the judges, the Prosecutor and his staff, and the Registrar and his staff. 2. The judges, the Prosecutor and the Registrar shall enjoy the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law. 3. The staff of the Prosecutor and of the Registrar shall enjoy the privileges and immunities accorded to officials of the United Nations under articles V and VII of the Convention referred to in paragraph 1 of this Article. 4. Other persons, including the accused, required at the seat of the International Tribunal shall be accorded such treatment as is necessary for the proper functioning of the International Tribunal.
  43. 43. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE Page 16 of 16 Article 32 Seat of the International Tribunal The International Tribunal shall have its seat at The Hague. Article 33 Expenses of the International Tribunal The expenses of the International Tribunal shall be borne by the regular budget of the United Nations in accordance with Article 17 of the Charter of the United Nations (i.e. if applicable, the Utica International Embassy’s Officials ask that the expenses of the International Tribunal shall also be assumed upon the United States of America). Article 34 Working languages The working languages of the International Tribunal shall be English and French. Article 35 Annual report The President of the International Tribunal shall submit an annual report of the International Tribunal to the Security Council and to the General Assembly.

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