OEN Security Council [IC | OEN Only | Closed]

[Ainin]

OOC Thread • General Assembly

_______________

_______________

Pax optima rerum.
(Peace is the Greatest Good)

---

The Organisation of Esquarian Nations

The Organisation of Esquarian Nations is an intergovernmental organisation whose goal is to promote peace, stability and good government across Esquarium. Founded in 2014 in response to the mounting tensions of the Esquarian Cold War in January 2014, the organisation seeks peaceful and diplomatic resolutions to the problems plaguing Esquarium.

The Charter of the Organisation of Esquarian Nations

---

We, the undersigned,

Affirming our dedication to the pursuit of peace and order within Esquarium,

Declaring our intentions to create an organisation based on the common values of our member-states,

This statute may be cited as the Charter of the Organisation of Esquarian Nations or as OEN General Assembly Resolution 001.

Section I - Founding
The Organisation of Esquarian Nations is hereby founded as an intergovernmental organisation dedicated to promoting peace, stability and good government.
The OEN shall not maintain an armed force and shall not participate in any war as a belligerent.
The OEN shall not appropriate itself the authority to expel a full member for any reason not listed in this Charter.
This Charter may not be repealed. However, it may be amended with a 2/3 supermajority vote.

Section II - Secretariat
The General Assembly of the Organisation of Esquarian Nations shall elect a Secretary-General every 2 months.
The Secretary-General shall not be a voting member of either council of the OEN.
The Secretary-General shall have the final say in matters of procedure raised in the councils.
The Secretary-General shall head the Secretariat of the Organisation of Esquarian Nations.
The Secretariat is responsible for admitting or rejecting members based on the qualifications of this Charter.
The Secretariat shall interpret any vague wording in Resolutions.

Section III - General Assembly
The General Assembly shall have the power to enact international law.
The OEN shall not prosecute or sanction any nation for violating a GA Statute, unless the SC orders it into obedience via way of a 75% supermajority vote.

Section IV - Security Council
The SC shall have the power to commend, condemn and issue international sanctions against nation-states, as well as refer individuals to the Esquarian Court for prosecution.
The SC shall be elected from the OEN's member-states each month.

Section V - Devolution
The following powers are devolved from the General Assembly:

• Setting and regulating international standards and travel regulation, to be devolved to the Esquarian Organisation for Standardisation
• Coordinating international medical aid and pandemic response, to be devolved to the Esquarian Health Directorate
• Coordinating international humanitarian aid, to be devolved to the Esquarian Humanitarian Organisation
• Coordinating Security Council-mandated non-belligerent peacekeeping efforts, to be devolved to the Esquarian Peacekeeping Command
• Prosecuting war criminals and criminals against humanity with the 75% mandate of the Security Council, to be devolved to the Esquarian Court

Hereby proclaims the Charter of the Organisation of Esquarian Nations.

Status
ENACTED by Secretariat Proclamation

Security Council

• Vacated

[Ainin]

Reserved

[Vyvland]

Repost from other thread, concerning Chorea.

---

The Vyvlander delegate to the Security Council, Linda Sgartermaan, began to address the chamber.

"As the delegate from Chorea's closest neighbour in the Security Council, I'd like to say that without popular mandate, this is a wholly inappropriate topic to discuss. There is a significant Namorese and pro-Namor community within Chorea, which needs to have their voice heard. And equally, those who are very much in favour of independence should be able to decide for themselves too. Without gaining a gauge of the amount and geographical distribution of support, we cannot progress further while claiming to uphold any legitimate authority over the Chorean people. This is why I propose an internationally-backed non-binding referendum. Only after this is held can talks commence."

[Divitaen]

OOC: Posting this from the OOC thread

The Britannon delegate rose from his seat.

"This resolution is both unjustified and unnecessary. There is absolutely no evidence to support the view that a majority of people in the relevant area seek a unified Chorea, and the wishes of those people should be a priority in any proposals regarding a unified Chorea. Until a clear majority of people in West Chorea express their support for this idea, under circumstances will the Commonwealth of Britanno withdraw its opposition to this resolution."

The Divitaen delegate stood up in his seat and spoke in return,

"Divitaen thanks both the submitters and the delegate from Britanno for contributing to the debate. The Government of Divitaen admits neutrality on the issue of Chorea, mostly due to our lack of knowledge of the historical and cultural underpinnings of the conflict, and due to lack of information regarding the beliefs and motivations of various political factions in both West and East Chorea. The Government of Divitaen believes it best if the Security Council conduct fact-gathering missions, such as a non-binding referendum in West Chorea, in order to give the council more information on the heartland situation there, without which everything delegates say on this issue would be anecdotal or conjecture. Divitaen wishes to improve the quality of any prospective vote on the resolution, and to do so a full report on the historical, political and cultural underpinnings of this dispute would be necessary, and we will examine any given information with an open, neutral perspective in accordance to international law."

[Ainin]

Condemnation of Ocidenia

The Security Council of the Organisation of Esquarian Nations,

Acknowledging that a coup d'état has recently overthrown the Government of the Commonwealth of Ocidenia,

Noting that the leader of the coup, Simeon Brozhav, is a foreign national, and refuses to resign his illegal post,

Expressing concern at the state of democracy and security in the country,

Severely abhorring the admitted massacre of political dissidents by the regime, in grave contravention to the basic principles of law,

Hereby condemns the illegitimate Brozhav government of the Commonwealth of Ocidenia and urges a restoration of democratic rule.

[Divitaen]

The Divitaen representation to the Security Council stood up, adjusted his tie after conferring with legal advisors on the contents of the resolution, and spoke:

"The Kingdom of Divitaen has been watching the events in Ocidenia unfold with great caution and attention, as the situation on the ground is not yet entirely clear, and the political factions are still battling in Ocidenia that may drag the entire of Eastern Esquarium into military conflict. As a nation situated in the East riding, it is in our national interests to see the events in Ocidenia do not destabilize to the point that it would encourage detrimental extensive regional participation, escalating conflict and worsening the bloodshed.

On the events in Ocidenia, and the resolution proposed by the Delegate of Ainin, the Kingdom of Divitaen would like to make several points, first on the resolution, then on the Ocidenian crisis.

On the resolution itself, Divitaen remains open to continued debate and deliberation, but regret to inform the council that, until further deliberation, Divitaen intends to enter a NAY vote against the current resolution proposed by the Aininian representative here before us. We applaud the proactive decision by the Aininian government to resolve the worsening threat to regional stability in Ocidenia, but it is the belief of the Divitaen government that the resolution in its present form does more harm than good.

The undeniable fact is that the Brozhav government is the legitimate, sovereign representative of the Ocidenian nation. Ironically, this was implicitly admitted in the resolution title "Condemnation of Ocidenia" rather than "Condemnation of Simeon Brozhav". The fact that the Aininian government recognizes that the Ocidenian government and the Brozhav government are one and the same is the admission that the Brozhav government is sovereign in its representation of Ocidenia. In reality, there is no basis in international law to say that a non-democratic means of entering power forfeits any recognition of territorial integrity. The OEN has agreed, since its inception, to remain neutral in terms of subjective political ideology, which is why the OEN Charter fails to mention democratic principles but merely "peace and order" and the notion of "common values" between member nations. The Government of Ainin's commitment to democratic values is commendable, but to unilaterally add such a criterion on international recognition of sovereignty into the resolution, when it has no basis in the OEN Charter, would result in increasingly untennable legal extensions in logic.

This is coupled by the fact that democratic principles are not mentioned in the GA Resolution 001 on Crimes against Humanity. It is preposterous for the resolution to request for return of democratic governance to Ocidenia when undemocratic governance is in no way a crime under international law. If the Brozhav government has committed war crimes, then prosecution is in order, but not a return to democratic governance.

Finally, the Divitaen government is rather disturbed by the mention of the "massacre" of political dissidents being considered a war crime. The situation in Ocidenia right now is not clear, but in every society, to maintain order, force is sometimes needed against violent or peaceful demonstrations to restore public order. While Divitaen mourns the dead in Ocidenia and the needless, endless bloodshed, to consider the government violence against protestors and dissidents a war crime is to invite a nebulous legal principle into international law. It would mean that assassination of terrorist leaders in the future may cause a government to be indicted for massacre of innocents. The reality is that the government is attempting to resolve national security problems in Ocidenia. While Divitaen disapproves of the harsh means of controlling demonstrations there, the reality is that it is not a crime under international law: to do so would completely remove state discretion during a state of emergency and remove the legal notion of "unlawful combatants" entirely, which is unjust from a jurisprudence perspective.

Now, the Government of Divitaen would like to speak on the issue of the Ocidenian crisis in general, regardless of the proposed resolution. There have been allegations of a Luziycan coup d'etat against the previous government of Ocidenia to install a friendly government. As of yet we are unsure of the truth of these allegations, but if they prove true, our government would see that as manipulative and subversive, but not a crime. Ladies and gentlemen, funding foreign governments, while strongly frowned upon as intrusive by the Divitaen government, cannot be criminalised as so many members seated here presently fund friendly political factions in foreign nations with similar political alignments. If the CIA bolstered a coup d'etat against the will of the people, it is a deplorable act but does not subtract from the sovereign legitimacy of the new government. Under international law, foreign sponsorship of a political party or faction does not detract from the legitimacy of that faction if they came to power in a civil war or conflict. To believe the Brozhav government is illegitimate due to alleged CIA involvement is to say many governments today in Esquarium are too illegitimate since they came to power in democratic revolutions with support from other democratic Esquarium states.

Most importantly, and for delegates who have ignored this speech, please listen to this main point. What would clearly be a violation of international law in this conflict would be a WETO intervention into Ocidenia to topple the Brozhav government. Funding political factions in a nation to take power is subversive, but landing foreign troops to topple a government is very clearly an invasion, not merely a "military intervention". If WETO nations choose to intervene militarily, Divitaen believes it would deserve a clear condemnation in the SC for a violation of territorial integrity, and a violation of the OEN Charter's principles to promote peace and stability. Military intervention to counteract alleged CIA involvement would widen a national conflict into a regional conflict, turning Ocidenia into a battleground between wider powers attempting to control the domestic political situation with puppet regimes. Many would lose their lives and all would lose their freedom, the shadow of the Esquarium Cold War would return to delete any attempt at mutual cooperation between the two sides.

Divitaen urges delegates to promote peace, rather than war. We would support any resolution that attempts diplomatic negotiations between the Brozhav government and opposition forces and establishes a clearly-delineated ceasefire to prevent bloodshed and distribute much-needed humanitarian aid to affected regions. We would vote against any resolution promoting democratic regime change, which not only has no basis in international law but, conversely, is a clear violation of the principle of territorial integrity and mutual respect over domestic governance issues. Thank you."

[New Sakatia]

Demilitarized zone between the Republic of Ionland and the Federal Republic of Sakatia.

The security council of the Organisation of Esquarian Nations,

Acknowledging an armed conflict is currently ongoing between the Federal Republic of Sakatia and the Republic of Ionland, this resolution shall define a Demilitarized Zone between the Federal Republic of Sakatia and Republic of Ionland, which will promote peace and reaffirm the internationally recognized border between the two states.

1. A military demarcation line shall be established on the currently internationally recognized border between the Republic of Ionland and the Federal Republic of Sakatia and both sides shall withdraw three (3) kilometers from this line so as to establish a demilitarized zone between the opposing states. A demilitarized zone shall be established as to prevent further hostilities between both states.

2. The military demarcation line shall be clearly marked by the representatives of the Organisation of Esquarian Nations after the line is established. The military commanders shall have suitable markers erected along the boundary between the demilitarized zone and their respective areas.

3. Neither side shall execute any hostile act within, from, or against the demilitarized zone.

4. No person, military or civilian, shall be permitted to cross the military demarcation line unless specifically authorized to do so by the Organisation of Esquarian Nations representatives in both states.

5. No person, military or civilian, in the demilitarized zone shall be permitted to enter the territory under the military control of either side unless specifically authorized to do so by the Commander into whose territory entry is sought.

6. No person, military or civilian, shall be permitted to enter the demilitarized zone except persons concerned with the conduct of civil administration and relief and persons specifically authorized to enter by the Organisation of Esquarian Nations in both states.

7. Civilian settlements within fifteen (15) kilometers of the military demarcation shall be uninhabited within 30 days of the establishment of demilitarized zone.

Enforcement:
The Demilitarized Zone between the Republic of Ionland and the Federal Republic of Sakatia shall be enforced by Representatives of the Organisation of Esquarian Nations under the Sakatian-Ionland Peace Committee. They shall consist of military peacekeepers and civil representatives.