INCAL JUDGMENT OF 9 JUNE 1998 9 Security Courts. According to a principle inherent in our Constitution, it is forbidden to create a special court to [give judgment on] a specific act after it has been committed. For that reason the National Security Courts have been provided for in our Constitution to try cases involving the above-mentioned offences. Given that the special provisions laying down their powers have [thus] been enacted in advance and that the courts have been created before the commission of any offence …, they may not be described as courts set up to deal with this or that offence after the commission of such an offence.” The composition and functioning of the National Security Courts are subject to the following rules. 1. The Constitution 27. The constitutional provisions governing judicial organisation are worded as follows: Article 138 §§ 1 and 2 “In the performance of their duties, judges shall be independent; they shall give judgment, according to their personal conviction, in accordance with the Constitution, statute and the law. No organ, authority, officer or other person may give orders or instructions to courts or judges in the exercise of their judicial powers, or send them circulars or make recommendations or suggestions to them.” Article 139 § 1 “Judges … shall not be removed from office or compelled to retire without their consent before the age prescribed by the Constitution…” Article 143 § 4 “Presidents, regular members and substitute judges of the National Security Courts shall be appointed for a renewable period of four years.” Article 145 § 4 “The personal rights and obligations of military judges … shall be regulated by law in accordance with the principles of the independence of the courts, the safeguards enjoyed by the judiciary and the requirements of military service. Relations between military judges and the commanders under whom they serve as regards their nonjudicial duties shall also be regulated by law...” 2. Law no. 2845 on the creation and rules of procedure of the National Security Courts 28. Based on Article 143 of the Constitution, the relevant provisions of Law no. 2845 on the National Security Courts, provide as follows: