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Alleged rapist set free.

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Autonomous Cleaner Bot Cleaners
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Postby Autonomous Cleaner Bot Cleaners » Sat Apr 20, 2019 2:03 pm

Galloism wrote:...isn't there some way we could construe this as piracy under international law and then any country would have the authority? It feels like we could call this piracy.


I'd explore the possibility of rape as torture, which might place it among the list of crimes generally recognized a legitimate justifications of universal jurisdiction. International definitions seem mixed as to whether "torture" needs to be committed under orders of a state or official there of, but it seems like there might be some footing here.
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Kowani
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Postby Kowani » Sat Apr 20, 2019 2:07 pm

Hence the necessity of an International Criminal Court.
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Autonomous Cleaner Bot Cleaners
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Postby Autonomous Cleaner Bot Cleaners » Sat Apr 20, 2019 2:20 pm

Kowani wrote:Hence the necessity of an International Criminal Court.


Not really. The ICC's jurisdiction is limited to war crimes and crimes against humanity. And even then only when there are no individual states willing to prosecute the crime directly, or when the UNSC or an individual state specifically refers the crime directly to it.
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Kowani
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Postby Kowani » Sat Apr 20, 2019 2:30 pm

Autonomous Cleaner Bot Cleaners wrote:
Kowani wrote:Hence the necessity of an International Criminal Court.


Not really. The ICC's jurisdiction is limited to war crimes and crimes against humanity. And even then only when there are no individual states willing to prosecute the crime directly, or when the UNSC or an individual state specifically refers the crime directly to it.

Yes, I know. I would like for it to be reformed and expanded.
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Autonomous Cleaner Bot Cleaners
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Postby Autonomous Cleaner Bot Cleaners » Sat Apr 20, 2019 2:45 pm

Kowani wrote:Yes, I know. I would like for it to be reformed and expanded.


Since this would probably involve individual states giving up much (if not most/all) of their internal criminal jurisdiction, I'm not holding my breath. It's pretty damned amazing that an ICC exists at all even in its limited form, and that's with the three global hegemonic powers (US, Russia, China) refusing to play.
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Kowani
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Postby Kowani » Sat Apr 20, 2019 2:55 pm

Autonomous Cleaner Bot Cleaners wrote:
Kowani wrote:Yes, I know. I would like for it to be reformed and expanded.


Since this would probably involve individual states giving up much (if not most/all) of their internal criminal jurisdiction, I'm not holding my breath. It's pretty damned amazing that an ICC exists at all even in its limited form, and that's with the three global hegemonic powers (US, Russia, China) refusing to play.

True. We’d need another Hitler to get anything done on that front.
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Purpelia
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Postby Purpelia » Sat Apr 20, 2019 3:48 pm

Kowani wrote:
Autonomous Cleaner Bot Cleaners wrote:
Since this would probably involve individual states giving up much (if not most/all) of their internal criminal jurisdiction, I'm not holding my breath. It's pretty damned amazing that an ICC exists at all even in its limited form, and that's with the three global hegemonic powers (US, Russia, China) refusing to play.

True. We’d need another Hitler to get anything done on that front.

Or not. The absolute last thing anyone sane would ever want for humanity is nations loosing yet more of their sovereignty to international cabals. What we need is a strengthening of the national at the expense of the international and disbanding all such institutions as the ICC or UN would be a decent start.
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The above post contains hyperbole, metaphoric language, embellishment and exaggeration. It may also include badly translated figures of speech and misused idioms. Analyze accordingly.

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United Muscovite Nations
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Postby United Muscovite Nations » Sat Apr 20, 2019 3:52 pm

Purpelia wrote:
Kowani wrote:True. We’d need another Hitler to get anything done on that front.

Or not. The absolute last thing anyone sane would ever want for humanity is nations loosing yet more of their sovereignty to international cabals. What we need is a strengthening of the national at the expense of the international and disbanding all such institutions as the ICC or UN would be a decent start.

While I agree, the UN isn't a threat to national sovereignty, it's doing okay as a discussion forum, the main threat to national sovereignty is the current international cabal of the wealthy countries.
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Autonomous Cleaner Bot Cleaners
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Postby Autonomous Cleaner Bot Cleaners » Sat Apr 20, 2019 4:22 pm

United Muscovite Nations wrote:While I agree, the UN isn't a threat to national sovereignty, it's doing okay as a discussion forum, the main threat to national sovereignty is the current international cabal of the wealthy countries.


I was going to say, the only states whose sovereignty is even remotely threatened by the ICC or UN are developing / "third world" states barely clinging to the tatters of sovereignty to begin with. The ICC, UN, and similar organizations are built on the assumption that national sovereignty is paramount, and thus any state worthy of the status can ignore them in pure safety if they wish.

Those states that cannot so ignore them will be the playthings of the global hegemons (US, Russia, China) in any case, ICC/UN or no ICC/UN.

To the extent that international organizations give the hegemons and vice-hegemons a place to yell at each other short of open warfare, it's probably best to keep them around.
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The Derpy Democratic Republic Of Herp
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Postby The Derpy Democratic Republic Of Herp » Sat Apr 20, 2019 5:46 pm

Extradite the (alleged) rapist to the victims country.

International waters shouldn't stop rapists from being punished and also getting treated for there mental illness.

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The Republic of Fore
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Postby The Republic of Fore » Sat Apr 20, 2019 6:12 pm

Unless he's a convicted rapist, I don't see an issue. Accusation doesn't equal guilt. Just ask the Duke lacrosse team.

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United Muscovite Nations
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Postby United Muscovite Nations » Sat Apr 20, 2019 9:20 pm

The Derpy Democratic Republic Of Herp wrote:Extradite the (alleged) rapist to the victims country.

International waters shouldn't stop rapists from being punished and also getting treated for there mental illness.

That's not legal. You can't try them for a rape that happened somewhere you have no jurisdiction. How would you like if the Saudis tried you for listening to pop music?
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Vallermoore
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Postby Vallermoore » Sat Apr 20, 2019 9:28 pm

It's a pity the rapist couldn't be keelhauled or made to walk the plank.

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Rea
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Postby Rea » Sat Apr 20, 2019 11:02 pm

While I think this is a little more serious than your run of the mill cruise ship pickpocket or burglary, I'd point out that petty crimes happen on these ships all the time.

Precisely because it's unlikely that Panama, Sierra Leone, or Namibia - or whatever other irrelevant, faraway jurisdiction the cruise ship just happens to be flying the flag of at the time of the crime - will do anything to help you.

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Page
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Postby Page » Sun Apr 21, 2019 12:40 am

Risottia wrote:
Page wrote:Many cruise ships are registered under Panama for practical reasons tax elusion.

Fixed.

Panama actually taking responsibility for crimes that happen on ships registered to it doesn't seem like something that would happen.

So basically this boils down to the sloppiness of Panama authorities.

Put yourself in Panama's position and ask if you want to pay to extradite, investigate, and prosecute crimes that happened on the other side of the world where neither the victim nor perpetrator are citizens or residents.

This is not an issue of "do I want", it's an issue of "must I".

Anyway, I'd say people could start boycotting cruise ships that fly the Panama flag, until Panama doesn't get its shit together.


You're talking about should, I'm talking about is. I never said I endorsed cruise ships evading taxes by registering in Panama, I'm just pointing out that Panama isn't going to bother with any of this and no significant amount of people are going to boycott cruise ships because a few people got away with heinous crimes, because most people like getting drunk on boats.

So in consideration of how things are rather than how they should be, it would be the best for countries to take responsibility for the crimes of their own citizens or for the country of the victim to do that, because extraditing and prosecuting thousands of people in Panama every year is not a thing that's going to happen.
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Purpelia
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Postby Purpelia » Sun Apr 21, 2019 1:08 am

United Muscovite Nations wrote:
Purpelia wrote:Or not. The absolute last thing anyone sane would ever want for humanity is nations loosing yet more of their sovereignty to international cabals. What we need is a strengthening of the national at the expense of the international and disbanding all such institutions as the ICC or UN would be a decent start.

While I agree, the UN isn't a threat to national sovereignty, it's doing okay as a discussion forum, the main threat to national sovereignty is the current international cabal of the wealthy countries.

Of which the UN is a literal tool of imperialism. The UN was founded after WW2 as a means for the great powers of the day (USSR, US, Eurocolonialists) to prevent any further wars between them by carving out clear zones of influence and control they could fight over without it ever spilling out into something big. And since than the UN has primarily been used to weaken and generally shit on smaller nations that refuse to abide by the will of their assigned overlord in preparation for a sponsored coup or invasion.
Purpelia does not reflect my actual world views. In fact, the vast majority of Purpelian cannon is meant to shock and thus deliberately insane. I just like playing with the idea of a country of madmen utterly convinced that everyone else are the barbarians. So play along or not but don't ever think it's for real.



The above post contains hyperbole, metaphoric language, embellishment and exaggeration. It may also include badly translated figures of speech and misused idioms. Analyze accordingly.

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Great Confederacy of Commonwealth States
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Postby Great Confederacy of Commonwealth States » Sun Apr 21, 2019 1:39 am

Yay, international law.

So, under international law, a few countries have jurisdiction. The flag state of the ship has jurisdiction, as donthe country of origin of the vicrim and that of the perpetrator.

Piracy, legally, is an actbof violence by one ship against another, but since this happened on one ship, this cannot be piracy.

The international criminal court is not equipped to punish every crime where jurisdiction is a bit iffy. It’s especially made for the gravest and rarest of crimes, and it simply does not have the means or the foundation to be a general court. Extradition here is the easiest option.
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