I'm now going to critique the repeal's arguments in depth:
Imperium Anglorum wrote:Concerned that the target resolution requires nations to prosecute in section 3, but that the target does not also require that nations provide prosecutors with information they may have, meaning that the target sets up a prosecutorial scheme where nations may be prosecuting persons without a full accounting of the facts,
Sounds like a good idea for a resolution, but not a valid reason to repeal this one. OUJ doesn't require the exchange of evidence, but it doesn't prohibit it either.
Imperium Anglorum wrote:Observing that section 7 of the target resolution “[f]orbids the World Assembly from preempting a member state’s claim to universal jurisdiction under this resolution, including but not limited to through an international criminal court or a substantially similar institution”,
Seeing that it is patently obvious that this section prohibits the Assembly from establishing an international court,
As I note in the legality challenge thread, this isn't strictly true. OUJ does prohibit the World Assembly from establishing an international court, but only if the court preempts member state jurisdiction in cases where the member state claims universal jurisdiction. This is an important condition. If the member state does not claim universal jurisdiction, then the World Assembly can prosecute. As such, I agree "prohibits the Assembly from establish an international court" is too broad a claim, read on its own.
If you have to resubmit, you should probably just remove the second clause and let the first clause do all the work.
Imperium Anglorum wrote:Believing that a lack of such a court means:
there are few prosecutions of war criminals and perpetrators of genocide, since (i) prosecutorial discretion exists, due to differing interpretations of section 3(c)
I don't see how prosecutorial discretion is unique to member states. A hypothetical international court will also have a particular threshold for determining guilt and will make decisions about who to prosecute on that basis. Would it therefore engage in few prosecutions as well?
Imperium Anglorum wrote: and (ii) such criminals and perpetrators would not willingly move themselves to jurisdictions which would prosecute them and
Every World Assembly member state must prosecute them. That's the whole point of the resolution.
Imperium Anglorum wrote:victims of war crimes and other crimes against humanity are unlikely to receive justice, as (i) even when prosecutions occur, they will likely be in friendly jurisdictions, meaning that they will be slaps on the wrist and
These "friendly" jurisdictions will still be World Assembly member states subject to the requirements of World Assembly law, required to interpret OUJ in good faith and subject to fines and sanctions if they do not.
Imperium Anglorum wrote:(ii) section 3(b) prohibits a second trial, even when punishment is minimal to nonexistent,
No, it does not.Martin Russell
Chief Ambassador, Auralian Mission to the World Assembly