Statute of the International People’s Tribunal (IPT)

1. Mandate and purpose of the IPT

§ 1. The primary purpose of the IPT is to assess the legality of the bombings of Hiroshima and Nagasaki by the United States in 1945, establish the legal basis for holding the United States internationally responsible, and obtain from the United States an apology and redress to the victims. This recognition of the United States’ responsibility is essential for addressing the devastating legacy of the bombings and alleviating the suffering of the Korean Atomic Bomb Victims.

§ 2. The second purpose of the IPT consists of reinforcing the illegality of nuclear weapons and the prohibition of their threat and use as of today: The 1996 Advisory Opinion of the International Court of Justice (ICJ) on the Legality of the Threat or Use of Nuclear Weapons may leave room to argue that the threat or use of nuclear weapons is legal in exceptional circumstances of self-defense, and the Treaty on the Prohibition of Nuclear Weapons (TPNW) has, until now, limited effect due to the non-ratification of nuclear-armed states. Against this backdrop, the IPT will play a significant role in promoting an international customary norm against any threat and use of nuclear weapons in the present and future.

§ 3. Achieving peace on the Korean Peninsula and dispelling the myth of nuclear deterrence will be the third purpose: In the Koran Peninsula, where Cold War confrontation, nuclear alliance, and the myth of nuclear deterrence prevail, the IPT will have practical implications. By countering the distorted claims of certain political leaders who justify the status quo, the Tribunal will provide a means for genuine peace and contribute to a world and Korean Peninsula free from nuclear confrontations.

2. Parties to the proceedings

§ 1. Claimants (Plaintiffs): Korean atomic bomb victims. This may include first-, second- and third-generation victims and their family members.

§ 2. They shall be represented by lawyers, who may have the assistance of other advisors.

§ 3. Defendant: The United States of America (USA).

§ 4. They shall be represented by an agent of the Government, assisted by advisors.

3. Third parties (amicus curiae):

§ 1. International experts, civil society, victims of nuclear testing and other nuclear victims, as well as other persons concerned are entitled to request to intervene as third parties. 

§ 2. The President of the IPT grants such requests if they are in the interest of justice.

§ 3. The President can also of its own motion invite organizations or persons to submit written or oral observations.

§ 4. The President defines the modalities for the exercise of the right to intervene in the written and/or oral proceedings.

4. Organization of the IPT

§ 1. The IPT is composed of five Judges from different regions, backgrounds and gender. The candidates must be of high moral character and exercise their powers impartially and conscientiously.

§ 2. The candidates are proposed and nominated by the organizing committee of the IPT.

§ 3. The judges sit in their individual capacity and must be independent and impartial.

§ 4. The IPT decision shall be by majority vote. The judges of the minority can attach dissenting opinions (see also below, 6.3.4).

§ 5. The plenary of the IPT shall elect its President and a Vice-President by secret ballot.

5. Applicable law

§ 1. The IPT shall decide the case based on conventional and customary international law as in force in 1945, particularly international humanitarian law, including the 1868 St. Petersburg Declaration, the 4th 1907 Hague Convention respecting the Laws and Customs of War on Land and its annex (Regulation concerning the Laws and Customs of War on Land). 

§ 2. The IPT shall also take into account general principles of law as recognized by States, judicial decisions as well as legal doctrine.

6. Procedure

6.1. Public nature of the proceedings

§ 1. The proceedings are public.

§ 2. The IPT may elaborate rules for the non-disclosure of certain documents and the protection of victims and witnesses in accordance with Article 7 below.

6.2. Fair trial guarantees

§ 1. The adversarial proceedings before the IPT shall respect fundamental principles of a fair trial, including transparency and equality of the parties.

§ 2. The defendant shall be given an appropriate opportunity to respond to the allegations of the claimants both in the written and oral proceedings.

§ 3. In case the defendant does not appear before the IPT or fails to defend its case, the claimants may call upon the Court to decide in favor of their claims. The IPT must, before doing so, satisfy itself that the claims are well founded in fact and law. 

6.3. Procedural parts

The procedure will comprise the following four parts:

6.3.1. Submission and exchange of written observations

§ 1. The plaintiffs and the defendant will be given a certain time frame in order to file written memorials on the facts and the merits of the case. In order to guarantee the adversarial nature of the procedure, these memorials will be exchanged between the parties. If necessary, the IPT can ask specific questions in order to direct the parties in their written submissions.

§ 2. The parties shall have the opportunity to respond to third party observations submitted in accordance with Article 3 (above).

§ 3. A copy of every document produced by one party shall be communicated to the other party.

6.3.2. Public oral hearing

§ 1. Public oral hearings will be held.

§ 2. The hearing shall be public unless the IPT decides otherwise, in particular, in the interest of justice or the protection of victims and witnesses (see also Article 7 below). 

§ 3. The hearing shall be under the control of the President or of the Vice-President, assisted by the Registrar (Article 8 below). He or she will declare the hearing open and closed, shall make orders for the conduct of the hearing, shall decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence.

§ 4. A major part of the time shall be devoted to the statements of the victims and expert witnesses.

§ 5. The rights of the victims and witnesses shall be fully respected (see also Article 7 below).

§ 6. The parties to the proceedings can propose witnesses to the IPT. The Tribunal can also hear witnesses of its own motion. It may also hear statements from witnesses video-recorded in advance.

§ 7. Third parties, upon request or invited by the President ex officio in accordance with Article 3, may also be given the opportunity to participate in the oral hearing, in order to emphasize certain arguments contained in their written submissions. 

6.3.3 Private deliberations

§ 1. After the President has declared the hearing closed (see Article 6.3.2 above), the IPT shall withdraw to consider the judgment. 

§ 2. The deliberations of the IPT shall take place in private and remain secret.

6.3.4 Public delivery of the Judgment

§ 1. The IPT will deliver its judgment in a public oral hearing. The delivery is provisionally scheduled for the week preceding the opening of the First TPNW Review Conference (New York).

§ 2. The judgment shall be submitted to the Conference as well as to the U.S. Government.

§ 3. The judgment shall state the reasons on which it is based and shall contain the names of the judges who have taken part in the decision. It shall be signed by the President.

§ 4. If the judgment does not represent in whole or in part the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion (Article 4 above).

§ 5. The judgment of the IPT is final and without appeal.

6.4 Use of language

§ 1. The official language of the IPT shall be English.

§ 2. All written observations shall be submitted in the official language. They shall be translated into the language of the plaintiffs. 

§ 3. Oral submissions shall be in the official language unless the President grants leave for the use of another language. If such leave is granted, the party or third party requesting the use of another language shall provide the IPT with a simultaneous translation into English.

7. Rights of victims and witnesses

§ 1. The rights of victims and witnesses shall be fully respected, in particular during the oral proceedings.

§ 2. Anonymity may be granted to the victims and witnesses upon request or ex officio by the President of the IPT.

8. Registry

§ 1. The IPT shall have a Registry.

§ 2. The Registry shall assist the IPT in the performance of its functions under the authority of the President of the IPT.

§ 3. The head of the Registry (the “Registrar”) shall be present during the oral hearings and deliberations of the IPT. He or she shall be appointed by the members of the IPT.

§ 4. The functions and organization of the Registry may be further defined by its internal rules.

9. Miscellaneous

§ 1. The IPT shall define its standard and burden of proof.

§ 2. The IPT has the power to amend or to complete the present statute by majority vote as deemed necessary in the interest of justice.

§ 3. The President of the IPT, assisted by the Registry, shall decide procedural issues, such as the time frame for written and oral submissions.