DENOMINATION, HEADQUARTERS AND DURATION
Article 1º. The International Association of Military Justices (IAMJ), a private not-for-profit entity, shall be governed by these Statutes and by the relevant legal provisions.
Single paragraph. The Association shall enjoy administrative and financial autonomy.
Article 2º. The address of the headquarters and forum will be where to judge the President, formalized changes of address in minutes of the assembly of election, dispensing with statutory alteration.
I – the integration of those who are dedicated to the study of Military Law and International Law of Armed Conflicts.
II – develop activities aimed at the study of Military Law and International Law of Armed Conflicts, in the countries participating in the IAMJ;
III – to promote the integration of those who work in these areas of Law, in the associated countries;
IV – conduct comparative studies in these areas of law;
V – carry out studies aiming at the unification of military and procedural military law in the associated countries, observing the peculiarities, specificities and needs of each State;
VI – promote studies on the History of Military Law and the International Law of Armed Conflicts;
VII – To hold Congresses, Assemblies, Seminars and other conclaves, having as object Military Law, International Law of Armed Conflicts and other branches of Law.
Article 3º. In order to achieve the objectives set forth in the preceding article, the International Association of Military Justices may conclude agreements with legal entities governed by public and private law.
Article 4º. The duration of the International Association of Military Justices is indeterminate and, in the case of dissolution, its assets and files will revert to the benefit of an institution with the same purpose, as recognized by the Deliberative Council or, if not identified, to deliberate the absolute majority of the members attending the Assembly, convened exclusively for this purpose.
OF THE MANAGEMENT BODIES AND THEIR RESPONSIBILITIES
Article 5º. They are organs of direction:
I – Board of Directors;
II – Deliberative Council;
III – Fiscal Council;
IV – General Assembly;
§ 1º. The International Association of Military Justices will have a Fiscal Council.
§ 2º. The members of the Executive Board of the IAMJ, when they expire their mandates, become members of the Deliberative Council.
OF THE BOARD OF DIRECTORS
Article 6º. The Board of Directors shall be composed of the President, five (05) Vice Presidents, five (05) Counselors with ordinal numbers, the Secretary General and the Chief Financial Officer.
§ 1º. The positions of Vice-Presidents will be composed of 1 (one) representative of the continents:
I – South and Central America;
II – North America;
III – Europe;
IV – Africa; and
V – Asia and Oceania.
§ 2º. The members of the Board of Directors shall be elected by the General Assembly for a term of four years, with up to two (2) reelections permitted.
§ 3º. The Board of Directors may create Board of Directors in order to achieve the objectives of the Association.
§ 4º. It is incumbent upon the Board of Directors to set up the Audit Committee and determine the contribution of the members.
§ 5º. The resolutions of the Board of Directors shall be taken by the majority of votes of its members present, and the Chairman shall cast a casting vote, as the case may be.
§ 6º. The Board of Directors shall meet at least once a year and during the Assemblies held by the Association. The Assemblies of the Council shall be held, by convocation of the President, with the majority of its members, or, on second convocation, or with the members present, guaranteeing to 1/5 (one fifth) of the members the right to promote it. When the case allows, the Assemblies can be carried out by video conference or other modern electronic methods, registering the electronic signatures of the participants.
Article 7º. The President has powers of General Administration, necessary for the development of the activities of the International Association of Military Justices, representing it in and out of court, actively or passively, and may set up boards for the purpose of achieving the association’s objectives, for specific purposes.
Article 8º. The Vice-Presidents shall replace the President in his temporary impediments or removals, as designated by the President.
Single paragraph. The President may delegate to the Vice-Presidents part of their duties and entrust them with coordinating the execution of specific projects.
Article 9 It is incumbent upon the Directors to carry out the consultations that are formulated to it, as well as to participate with proposals in all the decisions that are adopted, aiming to improve the functioning of the IAMJ.
Article 10º. It is incumbent upon the Secretary General to advise the President in the direction of the entity and to assist it in the achievement of the Association’s objectives.
Article 11. It is incumbent upon the Chief Financial Officer:
I – the budgetary, financial and accounting administration of the institution;
II – to account, in a summary manner, the entries and exits of the securities belonging to the entity, of which it provides monthly accounts to the President;
III – prepare the annual accounts, to be presented to the Fiscal Council, by the President;
IV – ensure the Association’s assets.
OF THE DELIBERATIVE COUNCIL
Article 12. The Deliberative Council shall be composed of a maximum of five representatives from the associated countries, elected at a General Assembly, in addition to the institutional members, accredited to the Secretary General, with the approval of the President of the IAMJ.
§ 1º. Institutional members include Presidents or representatives of regional or national judicial bodies related to the Military Justice and leaders or representatives of entities that congregate at least forty (40) IAMJ members.
§ 2º. The Council shall provide advisory services to the President of the entity and shall be chaired by its President and, in the absence thereof, by the Vice-Presidents, as appointed by the President.
OF THE FISCAL COUNCIL
Article 13. The Fiscal Council shall be composed of three members and two alternates, elected by the Board of Directors, for a term of four years, with the possibility of re-election. At each Assembly, Council members will choose one of their peers to preside over it.
§ 1º. The deliberations of the Fiscal Council shall be taken by majority vote.
§ 2º. The substitute will substitute the member, in the temporary impediments and in the definitive separation, until the election of the effective member.
Article 14. It is incumbent upon the Fiscal Council:
I – forward to the President of the entity, with its opinion, the annual budget of the Association;
II – forward to the Deliberative Board, with an opinion of approval or rejection, the annual accounts of the President.
OF THE GENERAL ASSEMBLY
Article 15. It is incumbent upon the General Assembly to elect the members of the Deliberative Council in a Assembly convened for this purpose.
Article 16. The General Assembly shall meet at least once a year, and during the Assemblies held by the Association and ordinarily, on a date fixed by the President, and extraordinarily, without being called by the President or by his legal substitute , or in the manner set forth in paragraph 1 of Article 17 of this Statute.
Article 17. The quorums of installation and deliberation of the General Assembly to deal with the matters set forth in these Bylaws shall comply with the provisions of the Brazilian Civil Code, subsidized by the Bylaws of the General Assembly.
§ 1º. The General Assemblies may be convened by a fifth (1/5) of the effective Associates in full enjoyment of their rights.
§ 2º. The Assembly deliberates on the first call with a quorum of one fifth (1/5) of the Associates and second call with any number.
§ 3º. In order to remove directors, change status and / or dissolve the association, a two-thirds (2/3) vote of the attendees is required at the General Assembly specially convened for this purpose, and it can not resolve on first call without an absolute majority of members or those present at the next call.
Single paragraph. When the case allows, the Assemblies can be carried out by video conference or other modern electronic methods, registering the electronic signatures of the participants.
OF MEMBERS OF THE ASSOCIATION
Article 18. The International Association of Military Justices is composed of individual members and institutional members as provided for in Article 12, § 1.
Article 19. To join the International Association of Military Justices, as an individual member, the interested party must present a document proving their legal or military activity.
Article 20. The duties of the Associates are:
a) obey the present statute working towards the achievement of the objectives of the IAMJ;
b) comply with the resolutions of the corporate bodies;
c) to carry out the duties assigned to them by rendering account of their acts.
Article 21. The Associates are entitled, as far as they are concerned:
a) To elect the members of the Deliberative Council;
b) To enjoy the services and benefits provided by IAMJ, directly or by agreement;
c) To exercise the appointments and delegations that are assigned to him;
d) To request his / her voluntary departure, by means of a written request to the President of the Association.
Article 22. The members of the Association shall be excluded in case of non-compliance with the duties referred to in Article 20, by decision of the simple majority vote of the members of the Board of Directors.
Single paragraph. The Member shall be guaranteed 30 (thirty) days to offer a response, giving him the production of evidence that he deems necessary, and shall be referred to the Deliberative Council for decision by the archivamento or other decisions.
Article 23. The members will not answer, in the alternative, for the social obligations of the Association.
Article 24. The assets of the Association are constituted:
I – by the contribution of individual members or affiliated entities;
II – of the financial result, resulting from conclaves, courses and other activities related to its purposes;
III – donation in cash, securities, movable and immovable property;
IV – income of any nature that may be earned, including for service rendering;
V – subsidy of public and private entities;
VI – contribution of individuals and legal entities governed by public or private law.
Single paragraph. The entity may receive contributions or donations, with or without charges, intended to constitute special funds to fund specific activities or for other purposes.
Article 25. The assets and rights of the Association may only be used to achieve the objectives set forth in Article 2º.
OF THE FINANCIAL SYSTEM
Article 26. The financial year shall coincide with the calendar year, with the Board of Directors, at the proposal of the Chairman, on the application of the result determined in the balance sheet that will then be raised.
Article 27. The annual rendering of accounts shall be submitted to the Fiscal Council by March 30 of each year.
OF THE AMENDMENT AND REVISION OF THE STATUTE
Article 28. The Bylaws may be amended By decision of the Board of Directors or by proposal of the President, ten institutional members or ten percent (10) of the individual members, by a simple majority vote of the Deliberative Council or of the General Assembly, convened for association of at least ten percent (10%) of the affiliated countries.
GENERAL AND TRANSITIONAL PROVISIONS
Article 29. The positions of members of the Board of Directors, Advisory and Fiscal Council shall not be remunerated, directly or indirectly.
Article 30. The members of the Administrative, Deliberative and Fiscal Councils shall not be liable for the obligations assumed by the entity.
Article 31. At the General Meeting of constitution of the Association, the members of the Administrative, Deliberative and Fiscal Councils will be elected and the value of the members’ contribution will be determined.
Article 32. The present Statute, with the wording approved at the General Assembly of October 10, 2018, in Lima / Peru, will come into force on this date and will be published in Portuguese, Spanish, English and French.