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[PASSED] Repeal "Multilateral Prosecution Act"

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Separatist Peoples
GA Secretariat
 
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Founded: Feb 17, 2011
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Postby Separatist Peoples » Thu Jun 19, 2014 7:19 am

Normlpeople wrote:snip

OOC: as I'm just starting to figure out, it isn't an issue of prosecuting the stateless for a crime as much as legal protections (I.e. The Bill of Rights) not technically applying to stateless individuals without appropriate alternate mechanism. That is, I think, the main point of confusion among the participants. Those of us without a legal background can easily miss that.
Last edited by Separatist Peoples on Thu Jun 19, 2014 4:37 pm, edited 1 time in total.

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Separatist Peoples should RESIGN!

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Glen-Rhodes
Powerbroker
 
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Founded: Jun 25, 2008
Ex-Nation

Postby Glen-Rhodes » Thu Jun 19, 2014 1:27 pm

The Eternal Kawaii wrote:How about the nation that caught them? After all, they were the ones who went to the effort of bringing the criminal to justice.

Because jurisdiction isn't that simple, like I've said so many times before. This kind of simplistic answer is the kind of knowledge deficit I mentioned above. You catch a stateless person violating your own domestic laws? Fine, prosecute them, that's just barely acceptable to do. But a multilateral effort for an international crime is not simple, even when you're dealing with somebody who actually does have a nationality.

In the real world, this was solved by passing international laws preventing statelessness and providing means for the stateless to become nationals, thus bringing them into the fold of existing criminal and extradition law. The World Assembly refused to do the same thing on multiple occasions, so the MPA was one way to address but one complex issue, when members like you refused to support a more preferred method.

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The Eternal Kawaii
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Founded: Apr 21, 2005
Ex-Nation

Postby The Eternal Kawaii » Thu Jun 19, 2014 7:34 pm

Glen-Rhodes wrote:
The Eternal Kawaii wrote:How about the nation that caught them? After all, they were the ones who went to the effort of bringing the criminal to justice.

Because jurisdiction isn't that simple, like I've said so many times before. This kind of simplistic answer is the kind of knowledge deficit I mentioned above. You catch a stateless person violating your own domestic laws? Fine, prosecute them, that's just barely acceptable to do. But a multilateral effort for an international crime is not simple, even when you're dealing with somebody who actually does have a nationality.

In the real world, this was solved by passing international laws preventing statelessness and providing means for the stateless to become nationals, thus bringing them into the fold of existing criminal and extradition law. The World Assembly refused to do the same thing on multiple occasions, so the MPA was one way to address but one complex issue, when members like you refused to support a more preferred method.


The esteemed Ambassador is seeing complexity where there is none. Crimes are offenses against a legal authority, and while it is true that the World Assembly is a legal authority, it by design delegates the enforcement of that authority to its member nations.

At last count, the WA comprises 17,608 nations, all of whom are obligated to enforce WA resolutions. We see no reason why the WA should be overriding its already adequate system of enforcement.
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The Great Leap Forward
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Posts: 49
Founded: Aug 28, 2013
Ex-Nation

Postby The Great Leap Forward » Thu Jun 19, 2014 9:34 pm

After due deliberation in the People's National Congress, the People's National Representative Council, the State Council, the People's Central Military Commission, the Central Committee of the Politburo, and the Comrade General Secretary's kitchen, the People's Republic will rise in support of this repeal.

Following steadfastly the unshakable pillars of Marxist-Leninist-Maoist-Trotskyist-Maoist-Chiangist thought, and rightly opposing all dangerous theories and ideas, the People's Republic finds that the status of statelessness should require no special treatment under international law, nor should the prosecution of crimes for such persons be under the purview of the World Assembly when they are better served prosecuted under the laws of the nation where such crimes might be committed. Furthermore, there is no reason to supplant the common practice of bilateral or multilateral negotiation for an international court in such cases.

Follow steadfastly the Three Represents, Study Lei Feng, Workers of the World unite etc. etc. etc.

Du Zhidun
毒滞钝
Special People's Representative to the World Assembly
Commissioner for Leisure, Architecture, and Political Re-education

Image
Last edited by The Great Leap Forward on Thu Jun 19, 2014 9:37 pm, edited 1 time in total.

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Omigodtheykilledkenny
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Founded: Mar 14, 2005
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Postby Omigodtheykilledkenny » Fri Jun 20, 2014 11:18 am

"Chiangist"?! Why would the People's Republic want to put any stock in that fascist's political ideals? Image

Image
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Glen-Rhodes
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Founded: Jun 25, 2008
Ex-Nation

Postby Glen-Rhodes » Fri Jun 20, 2014 11:34 am

The Eternal Kawaii wrote:The esteemed Ambassador is seeing complexity where there is none.

And you're seeing simplicity in a complex area of law, because you don't know any better. If the answer to statelessness was so easy, there wouldn't be treaties about it.

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The Great Leap Forward
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Posts: 49
Founded: Aug 28, 2013
Ex-Nation

Postby The Great Leap Forward » Fri Jun 20, 2014 6:02 pm

Omigodtheykilledkenny wrote:"Chiangist"?! Why would the People's Republic want to put any stock in that fascist's political ideals? (Image)



Stop picking quarrels and stirring up troubles!

Du Zhidun
毒滞钝
Special People's Representative to the World Assembly
Commissioner for Leisure, Architecture, and Political Re-education

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Texan Hotrodders
Secretary
 
Posts: 32
Founded: Jun 24, 2004
Ex-Nation

Postby Texan Hotrodders » Fri Jun 20, 2014 8:52 pm

Fellow nations of the world, resplendent demagogues, and travelers on the road to a world of peace...

I appreciate that the author of the resolution to be repealed was attempting to address a legitimately complex issue of international law. I do not believe the World Assembly to be any more capable of navigating these issues regarding stateless persons efficiently and effectively than the member states who cooperated with sufficient effectiveness to effect the capture of lawbreakers through multilateral effort. The most useful part of the resolution was to remove capital punishment as a tool for member states to use to prevent further heinous acts by lawbreakers who so excel at breaking laws that a multilateral effort is required to apprehend them. It strikes me as counterproductive to remove capital punishment as an option in such circumstances.

I am concerned that there are some problems with the arguments made in the repeal resolution and would prefer to repeal it on somewhat different grounds. That said, my duty is to represent the will of the people of the Federation in the World Assembly and I have cast our nation's vote FOR the repeal in accord with the opinions of the witheringly small portion of our population which actually cares about the World Assembly.

We held a nationwide referendum as we always do for major policy decisions which affect the entire nation. We invited every resident of voting age to attend, set up polling stations all over the place, set up polling websites for those who cannot physically attend, and provided no refreshments at each of these polling stations this time due to a lack of a sponsor interested in promoting a cause with regard to the repeal.

After tallying the votes and taking down the tents, we found that the 1.1% of our population which bothered to vote has chosen overwhelmingly (98.3%) to vote FOR the proposed repeal. We had a great deal of difficulty getting opinions in exit polls due to the fact that almost all of the voters were sleeping immediately after reading the resolution and repeal texts. I use the phrase "almost all" because the rest of the voters fell asleep prior to finishing the reading of the texts.

Once again, I wish the author well in their attempts to improve the quality of legislation produced by this assembly.

Thank you for your time and consideration,

Ambassador to the World Assembly
Tlaloc Blackstone

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Chester Pearson
Minister
 
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Founded: Aug 02, 2013
Ex-Nation

Postby Chester Pearson » Fri Jun 20, 2014 11:42 pm

The Great Leap Forward wrote:
Omigodtheykilledkenny wrote:"Chiangist"?! Why would the People's Republic want to put any stock in that fascist's political ideals? (Image)



Stop picking quarrels and stirring up troubles!

Du Zhidun
毒滞钝
Special People's Representative to the World Assembly
Commissioner for Leisure, Architecture, and Political Re-education


Its a legitimate point though.... Why don't you answer Kenny's question?
Separatist Peoples wrote:With a lawnchair and a large bag of popcorn in hand, Ambassador SaDiablo walks in and sets himself up comfortably. Out of a dufflebag comes a large foam finger with the name "Chester Pearson" emblazoned on it, as well as a few six-packs.
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Chester B. Pearson,
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The Great Leap Forward
Bureaucrat
 
Posts: 49
Founded: Aug 28, 2013
Ex-Nation

Postby The Great Leap Forward » Sat Jun 21, 2014 3:02 am

This is the kind of wrong-thinking and dangerous extremism that the People's Republic strenuously and solemnly opposes. Focusing strictly on the People's Republic's support for this repeal is the essence of right action, and any attempt to deviate or dissemble is hooliganism.

We will lodge solemn representation with the relevant government organs and foreign bureaus to the effect of our support. The People's Republic is committed to international peace and respect.

Du Zhidun
毒滞钝
Special People's Representative to the World Assembly
Commissioner for Leisure, Architecture, and Political Re-education

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