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Constitutional structure and position of IHL in domestic law...

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Constitutional structure and position of IHL in domestic law

The Republic of Haiti is an indivisible, sovereign, independent, cooperatist, free, democratic and social republic.

It achieved independence from France on 1 January 1804.

The executive branch consists of a President, as Chief of State, and a Cabinet of Ministers, headed by the Prime Minister (head of Government).

The President is the nominal head of the armed forces and is responsible for foreign relations.

The parliament, the National Assembly (Assemblée Nationale), is bicameral and consists of the Senate (Sénat) and the Chamber of Deputies (Chambre des Députés), which are both elected.

The higher level of jurisdiction is the Court of Cassation (Cour de Cassation).

In some cases, the Senate may transform itself into a High Court of Justice (Haute Cour de Justice).

Title V of the Constitution emphasises the separation of powers (the executive, the legislative and the judiciary).

The legal system is based on Roman civil law. Treaties are negotiated and signed by the President.

They must then be approved by the National Assembly and ratified in the form of a decree (Art. 98.3, 139 and 276.1 of the Constitution).

Once ratified, treaties become part of the national legal order and abrogate all laws that are in contradiction with them (Art. 277).

The National Assembly may not approve treaties containing clauses contrary to the Constitution (Art. 276).

Haiti acceded to the four Geneva Conventions of 1949 on 11 April 1957. The National Assembly approved accession to the two Additional Protocols of 1977 on 12 March 1985, but the relevant decree could not be published in its entirety and therefore did not enter into force.

Consequently, the instruments of accession could not be sent to the depositary.

John Peter, March 12 2011, 5:09 PM

Topic: Madame Manigat:: Le Senat N'est Pas La Haute Cour De Justice

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Meme si l'on se paye de lui pardonner mais une chose est clair comme le dit Yahweh,dans son grand livre ( la bible ... read more >
Medilove, 11-Mar-11 11:37 am
Pasted below is the article 185 of the Haitian constitution in French and Creole. Like her or not, Mme Manigat made a... read more >
Natif Natal, 12-Mar-11 1:34 pm
Natif Natale, With all due respect, It seems that even you who post the article doesn't understand it. Interpreting... read more >
Jynee, 12-Mar-11 3:37 pm
Jynee, Your tirade was full of political campaign buzz words, you did not ONCE quote the actual constitution for ANY... read more >
Natif Natal, 12-Mar-11 4:13 pm
Constitutional structure and position of IHL in domestic law The Republic of Haiti is an indivisible, sovereign... read more >
John Peter, 12-Mar-11 5:09 pm
Natif Natal, Nice try! this is to prove once again how brain dead Mirlande Manigat and her supporters are. They do not... read more >
Tiba, 12-Mar-11 6:05 pm
VERY GOOD TIBA! I COULD NOT SAY IT ANY BETTER. AS STATED IN THE CONSTIPATION/CONSTITUTION OF DR. LOUIS ROY THE UNCLE... read more >
Toulimen, 12-Mar-11 6:35 pm
"Konprann yon ti kras franse pa vle di konprann franse" Men map felisite-w ou konn veb franse "pouvoir" kounye-a... read more >
Natif Natal, 12-Mar-11 7:13 pm
You are too stupid to understand what the woman is talking about. Your writing suggests nothing but a mere 8th grade... read more >
Nathalie Mayard-paul, 12-Mar-11 9:14 pm
Natif Natal, Darling you wish you could insult me. It seems to you are the male sara Palin who Think he sees the High... read more >
Jynee, 12-Mar-11 9:37 pm
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