1. The International Court for the Self-Determination of Peoples (hereinafter “CIAP” or “the Court”) is hereby established.

2. The Court is an independent international judicial institution.

3. The Court shall exercise the competences conferred upon it by the present Treaty and by any subsequent legal titles.

1. The CIAP possesses international legal personality for the fulfilment of its purposes.

2. The Court has the capacity necessary for the exercise of its functions and the achievement of its purposes.

The Court shall contribute to:

• a) the peaceful settlement of disputes concerning the self-determination of Peoples;
• b) the protection of the rights of Peoples, minorities and indigenous Peoples;
• c) the safeguarding of cultural, linguistic and natural heritage;
• d) the protection of future generations;
• e) the promotion of intergenerational justice;
• f) international cooperation in the field of justice.

1. The Court is independent in the exercise of its judicial functions.

2. No State, organisation or private entity may give instructions to the Court or to its judges.

3. Financial autonomy is an integral part of judicial independence.

Judges shall perform their functions with absolute impartiality and shall avoid any conflict of interest.

The Court applies international law and the principles of the rule of law in all its activities.

The Court promotes the peaceful settlement of disputes in accordance with the Charter of the United Nations and general international law.

1. The right of Peoples to self-determination is a fundamental principle of the Court’s jurisdiction.

2. The Court interprets and applies this right in accordance with applicable international law, including jus cogens norms.

1. The Court recognises the hierarchical supremacy of peremptory norms of general international law (jus cogens).

2. Obligations arising from such norms have erga omnes character.

3. No provision of the present Treaty may be interpreted as derogating from jus cogens.

The Court takes into account the rights and interests of future generations in the exercise of its functions.

Appeal does not constitute a new full proceeding except when the Court deems it necessary to re-examine decisive elements.

The decision of the Appeals Court is final within the CIAP, subject to extraordinary revision in the cases provided by the Rules.

1. The International Prosecutor’s Office of the CIAP is established.

2. The Prosecutor’s Office operates in full independence.

3. Its functions are exclusively those attributed by the present Treaty.

1. The Prosecutor General is elected by the Assembly of States and Peoples Parties.

2. The mandate lasts nine years and is not renewable.

3. The Prosecutor may not receive instructions from governments or private subjects.

The Prosecutor may be assisted by Deputy Prosecutors with competences in:

• a) rights of Peoples;
• b) environment;
• c) future generations;
• d) cultural heritage;
• e) technology and digital rights.

The Prosecutor’s Office may conduct investigations exclusively in cases falling within the competence attributed to the Court.

Every investigation must respect:

• a) presumption of innocence;
• b) right of defence;
• c) legality;
• d) proportionality;
• e) adversarial principle;
• f) right to a fair trial.

The Court exercises contentious jurisdiction in cases submitted to it on the basis of a valid legal title.

Jurisdiction may derive from:

• a) the present Treaty;
• b) a special agreement;
• c) an international treaty;
• d) a compromissory clause;
• e) a declaration of acceptance;
• f) any other title recognised by applicable international law.

States that ratify the present Treaty accept the jurisdiction of the Court according to the conditions established by the Treaty and by the admitted declarations or reservations.

1. The present Treaty establishes a specific system of participation of Peoples.

2. Direct access of a People to contentious jurisdiction operates according to the legal title provided by the Treaty, by the instruments of accession and by applicable norms.

The Court may hear, within the limits of its jurisdiction:

• a) self-determination;
• b) rights of Peoples;
• c) minorities;
• d) indigenous Peoples;
• e) cultural heritage;
• f) linguistic heritage;
• g) environment;
• h) future generations;
• i) economic and social rights;
• l) digital rights;
• m) technological sovereignty;
• n) intergenerational disputes.

The Court may issue advisory opinions in the cases provided by the present Treaty or by subsequent agreements.

The Court may adopt provisional measures when there exists a concrete risk of serious or irreparable harm.

The Court may examine the intergenerational effects of a dispute when such effects fall within the subject-matter submitted to its jurisdiction.

Proceedings are introduced by:

• a) application;
• b) special agreement (compromis);
• c) joint application;
• d) advisory proceedings;
• e) any other modality provided by the title of jurisdiction.

Every proceeding receives a unique identification number and is registered in the digital system of the Registry.

The Registry verifies:

• a) identity of the parties;
• b) formal completeness;
• c) title of jurisdiction;
• d) essential documentation.

No final decision may be adopted without the parties having had an effective opportunity to present their observations.

The parties may be represented by qualified lawyers, agents, advisers and experts.

The language of the proceedings is determined by the Rules and by the needs of the parties, guaranteeing adequate translation and interpretation.

The following evidence is admissible: documentary, testimonial, expert, digital, scientific, audiovisual, satellite, forensic, and evidence deriving from public registers.

The Court may admit digital signatures, metadata, distributed ledgers, timestamps, satellite images, audiovisual recordings and computer forensic data.

The party producing evidence must, when contested, demonstrate its authenticity and integrity according to criteria established by the Rules.

The Court may appoint independent experts. Experts must declare any conflicts of interest.

The Court may exclude evidence obtained through serious violations of fundamental rights or through modalities incompatible with the fairness of the proceedings.

1. The burden of proof normally rests on the party affirming a fact.

2. The Court may establish otherwise when the nature of the dispute so requires and applicable law so permits.

The article regulates the urgent request for provisional measures according to an accelerated procedure for situations of extreme urgency.

Within 24 hours of receipt of a qualified request:

• a) the Registry verifies preliminary receivability;
• b) the President designates a judge or an urgent formation;
• c) a first evaluation of the risk is carried out.

Within 48 hours, where possible, the requesting party is heard, the opposing party is informed, urgent evidence is examined, and an immediate provisional measure may be adopted in cases of extreme urgency.

Within 72 hours, where possible, the Court summons the parties, evaluates fumus boni iuris, the risk of irreparable harm and proportionality, and determines the provisional measure.

Measures may include temporary suspension of an act, preservation of evidence, protection of persons, protection of a cultural site, urgent environmental protection, prohibition of destruction of documents, and other measures compatible with the jurisdiction of the Court.

The deliberations of the judges are confidential.

Every judgment must indicate the parties, the facts, the legal questions, the evidence, the reasoning, the decision, and any separate opinions.

Judgments are published in the official database of the Court.

The binding effects of the judgment depend on the applicable title of jurisdiction and on the relevant international law.

1. States and other subjects bound by a decision must comply with the obligations deriving from the applicable legal title.

2. The Court may establish a mechanism for monitoring execution.

Revision may be requested when a decisive new fact emerges, previously unknown to the Court and to the requesting party without serious fault.

The Rules establish the extraordinary procedures for correcting material errors or fundamental procedural violations.

The Court and its property enjoy the immunities necessary for the independent exercise of its functions according to applicable law and relevant agreements.

Judges enjoy functional immunity for acts performed in the exercise of their functions.

Staff enjoy the privileges and immunities established by the Headquarters Agreement and by applicable instruments.

Immunity may be waived by the competent authority when the waiver is necessary for justice and does not compromise the independence of the Court.

The CIAP DIGITAL JUSTICE SYSTEM – CDJS is established as the official digital system of the Court.

The CDJS enables electronic filing, authentication, digital signature, notifications, document management, procedural calendar, publication of decisions, access to digital hearings and the judicial archive.

The system may use cryptographic technologies and distributed ledgers to certify existence, integrity, provenance, dating and version of the acts.

The digital system must guarantee encryption, strong authentication, data segregation, operational continuity, backup, independent audits and protection of personal data.

The CIAP cooperates with international and regional institutions in respect of their respective competences.

The CIAP promotes cooperation with the ICJ. It does not unilaterally attribute to itself the power to seise the ICJ.

The CIAP promotes cooperation with the ICC in respect of the Rome Statute.

The CIAP promotes cooperation with the International Tribunal for the Law of the Sea on issues relating to Peoples, the oceans, marine resources and the protection of the marine environment, in respect of UNCLOS.

The CIAP promotes judicial dialogue with the European Court of Human Rights.

The CIAP promotes judicial dialogue with the Court of Justice of the European Union without interfering in the competences attributed by the Treaties of the Union.

The CIAP may conclude agreements and protocols with the United Nations, regional organisations, international and regional courts, international tribunals, academic institutions and organisations representative of Peoples.

The World Council for Dialogue among Courts is established. It fosters exchange of case-law, training, research, comparison of procedures, technological cooperation and prevention of conflicts of jurisdiction.

Every State may accede to the present Treaty by signature, ratification, accession, acceptance or approval.

1. The Treaty establishes a form of accession and participation of Peoples according to procedures defined by a Protocol on Peoples.

2. Accession does not automatically attribute to a People powers that international law recognises exclusively to States or to other subjects.

Instruments of ratification or accession are deposited with the Depositary of the Treaty.

The Treaty enters into force according to the entry-into-force clause established by the States and founding subjects by means of the Final Act of Constitution.

The Assembly of States and Peoples Parties is established. It approves the budget, elects the judges and the Prosecutor, approves protocols, adopts regulations and promotes international cooperation.

The Assembly may not interfere in the judicial decisions of the Court.

1. The Court has an autonomous budget.

2. The budget is annual.

3. It is approved by the Assembly.

The budget may be financed by contributions of States Parties, institutional contributions, international funds, voluntary contributions, lawful property yields and other sources compatible with the independence of the Court.

No funding may be accepted when political, economic or private conditions may compromise the independence of the Court.

1. The budget is subject to independent audit.

2. The annual audit report is public.

1. The International Defender of Future Generations is established.

2. The Defender may submit observations, request scientific assessments and intervene in authorised proceedings.

1. No amendment of the present Treaty may suppress: judicial independence; the right of defence; the adversarial principle; human dignity; the protection of future generations; the principle of self-determination according to applicable international law; the peaceful settlement of disputes; the prohibition of the use of force.

2. The CIAP operates to build a permanent system of justice, peace, cooperation and protection of Peoples.

3. The Court recognises that the protection of future generations constitutes a common responsibility of humanity.