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INTERNATIONAL
ASSOCIATION OF MILITARY JUSTICE
STATUTE
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CHAPTER
1
DESIGNATION,
Main Office and DURATION
Article 1 - The International Association of the Military Justices (IAMJ),
a non-profitable private organization, shall function in accordance with the
provisions of the present Statute.
Paragraph - The Association shall have administrative and financial
autonomy.
Article
2 - The International Association of the Military Justices, with its main
office and forum wherever the President exercises jurisdiction over, aims at:
I
- interacting those who are devoted to the study of the Military Penal Law and
the Process Law or the Military Penal Judiciary and professionals engaged in
law;
II
- developing activities aimed at the study of the Military Penal Law and the
Process Law or the Military Penal Judiciary, in countries which take part in
the
IAMJ;
III
- promoting the interaction of those who act upon this area of Law, in the
associate countries;
IV
- conducting comparative studies of the Military Penal Law and the Process Law
or the Military Penal Judiciary;
V
- conducting studies of the Military Penal Law History and the Military Penal
Process Law;
VI
- organizing Congresses, Meetings, Seminars and other events, with the aim of
discussing the Military Penal Law, the Process Law or Military Penal Judiciary,
Military Disciplinary Law, Human Rights, Humanitarian Law and other issues of
Law.
VII
– promote the highest standards of Military Justice and Human Rights
enforcement.
Article
3 - In order to achieve the goals of the former article, the International
Association of the Military Justices shall promote agreements with juridical
people of public and private laws.
Article
4 - The duration of the International Association of the Military Justices is
indefinite and, in case of dissolution, its patrimony and files shall be
transferred to an institution with the same goal, in that it is approved by the
Council of Decision or, in case there is no similar entity, it shall depend
upon the decision of the majority of the members present in the Meeting,
specially held for such aim.
CHAPTER
II
SECTION
I
The
Executive Branch of the International
Association of the Military Justices and its Functions
Article
5 – The
Executive
Branch is composed of:
I
- The Council of Administration;
II
- The Council of Deliberation;
III
- The General Assembly;
Paragraph
- The International Association of the Military Justices shall have a Council
of Finance.
Section
II
The Council of
Administration
Article
6 - The Council of Administration shall be composed of the President, two (02)
Vice-Presidents and five (5) Counselors, with ordinal enumeration, the
Secretary-General, and the Director of Finance.
§
1º. The position of Secretary-General and Director of Finance shall be held by
members who come from the same country as the President.
§
2º. The Members of the Council of Administration shall be elected by the
Council of Deliberation for a period of four years, and shall be re-elected.
§
3º. The Council of Administration shall create Boards of Directors aimed at
reaching the goals of the Association.
§
4º. The Council of Administration shall constitute the Council of Finance and
decide about the contributions of the members.
§
5º. The decisions of the Council of Deliberation shall be taken by the
majority of the votes of its members, and, in case of a tie, the President
shall give his vote.
§
6º. The Council of Administration shall meet once a year, at least, and also
along the events promoted by the Association. The meetings of the Council shall
be held, according to the President’s invitation, with the majority of its
members, or in a second moment, with the members present in the Meeting.
Article
7 - The President shall have power of General Administration needed to develop
the activities of the International Association of the Military Justices,
representing it in Court and also in other occasions. The President shall
create Boards of Directors aimed at meeting the goals of the association, as
well as nominate prosecutors for reaching special goals.
Article
8 - The first Vice-President shall replace the President in case he needs to be
off temporarily.
§
1º. In case the first Vice-President can not replace the President, so the 2º
Vice- President will be in charge.
§
2º. The President shall delegate the Vice-Presidents part of his functions and
empower the Vice-Presidents to coordinate some specific projects.
Article
9 - The Secretary-General shall give support to the President in the managing
of the association and also help him to meet the goals of the Association.
Article 10 - The Director of Finance shall:
I
- manage the budgetary, the financial and the accounting sections of the
Association;
II
- control all the financial accounts of the Association and render monthly
accounts to the President;
III
- render an annual account, to be presented to the Council of Finance, by the
President;
IV - take care of the patrimony of the Association.
Section
III
The
Council of Deliberation
Article 11 - The Council of Deliberation shall be composed of, at most,
five people representing the associate countries, elected in a General Assembly,
besides the institutional members, accredited by the Secretary-General, with
the approval of the President of the IAMJ.
§
1º. Presidents or representatives of regional or national judiciary boards,
related to the Military Justice and other representatives of associations which
join, at least, fifty members of the IAMJ, shall be considered institutional
members.
§
2º. The Council shall
support the President of the Association and shall
be
presided by the
President, or in case of his absence, by the Vice-President, following the
sequence of the ordinal enumeration.
SECTION
IV
The
Council of Finance
Article 12 – The Council of Finance shall
be composed of three members and two substitutes elected by the Council of
Administration, for a term of four years, and shall be eligible for re-election.
In each meeting, the members of the Council shall choose one of its present
members to preside it.
§
1º. The decisions of the Council
of
Finance
shall
be taken by the majority of the votes.
§
2º. The substitute shall replace the member, while he is on temporary or
permanent leave, up to the moment there is an election for permanent member.
Article
13 - The Council
of
Finance
shall:
I
- show the President of the entity the annual budget of the Association,
according to their judgment;
II
- show the Council of Deliberation the annual President’s accounts, in order
to have their approval or rejection.
CHAPTER III
THE
MEMBERS OF THE ASSOCIATION
Article
14 – The International Association of the Military Justices is composed of
individual members and institutional members pursuant to article 11.
Article 15 – The
Members should:
a) obey the present Statute aiming at reaching the goals of the IAMJ;
b)
follow the decisions of the social boards;
c) perform the tasks which are assigned to them and render account of
their acts.
Article 16 - The Members of the Association are allowed to:
a)
elect the members of the
Council of Deliberation;
b) enjoy the services and benefits provided
by the IAMJ, directly or by an agreement;
c) perform the nominations and assignments requested by the Association.
Article
17 - The members of the Association shall be excluded in case they do not
follow the duties set out in article 15, according to the votes of the majority
of the members of the Council of Administration.
CHAPTER
IV
THE
PATRIMONY
Article
18 – The patrimony of the Association is composed of:
I
- the contribution of the individual members or the affiliated entities;
II
- the financial budget of the events, courses and other activities related to
its goals;
III
- donation in cash, values, and properties;
IV
- any kind of income which shall be obtained, including by rendering services;
V
- subvention of public and private entities;
VI
– contribution of natural person or juristic person, of public and private
laws.
Paragraph
- The entity shall receive contributions or donations with or without charges,
intended to constitute special funds for payment of specific activities or
other purposes.
Article
19 – The properties and rights of the Association shall only be used to reach
the goals set out in article 2.
Chapter
V
The
Financial Rule
Article
20 - The financial rule shall follow the calendar year, allowing the Council of
Administration to settle the accounts which shall be figured out, according to
the President’s proposal.
Article 21 – The annual rendering of accounts shall be
presented to the Council of Finance up to the 30th of March of each
year.
Chapter
VI
The
General Assembly
Article
22 - The General Assembly shall elect the members of the Council of
Deliberation in a meeting specially held for such aim.
Chapter
VII
The
Amendment and Review of the Statute
Article
23 - The Statute shall be amended by means of the President’s proposal, ten
institutional members or ten per cent (10) of the individual members, by the
majority of the votes of the Council of Deliberation or the General Assembly,
invited specially, in which there shall be at least ten per cent (10) of the
original members of the affiliated countries.
Chapter
VIII
The
General and Transitory Conditions
Article
24 - The members of the Council of Administration and the Council of Finance
shall not receive any payment, directly or indirectly,
Article
25 - The members of the Council of Administration, the Council of Deliberation
and the Council of Finance shall not be responsible for the charges taken up by
the entity.
Article
26 – In the General Assembly to organize the Association, the members of the
Council of Administration, the Council of Deliberation and the Council of
Finance shall be elected and they shall also establish the amount that each
member shall contribute with;
Article
27 - This Statute shall be edited in Portuguese, Spanish, English and French,
after being approved and registered.
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