The International Supreme Court (IC,UEF)

[Rarth]

The International Supreme Court


Current Judges
Alanor Haltith,Rarth

Maven Auryn,Crystal Spires

Lance Nagala,Salvarity


Prosecution Team
Mixen,Yesopalitha

William Parr
ArghNeedAName

Defence Team
Ludvig Krüger
New Freedomstan

Dr.Leander Gern
New Earth Initiative

Lieutenant Daisy 'Staples' Carpenter
Waspeaters

[Rarth]

Specific Case: Regarding Criminality and the UEF's position on it in all forms
Merlin Zerath entered the room,as the white halls glowed and the seats for those who may watch the events unfold carved out of hardy oak and rather orantely furnished. The Judge Alanor Haltith sat there in his eternal position and the other two seats for the other judges were empty. Soon the prosecution team that would aid Merlin in his attempt to push for harsher restrictions on criminality within the UEF would be heard. A Jury would not be needed but the judges would decide on the direct state of jurisdiction necessary. Merlin took his place in the prosecution side of seats and started laying out his position. The others would arrive soon and the case would begin.

[Waspeaters]

Lieutenant Daisy Carpenter walked in to the room and sat down in her seat, reflecting on the case. Chances were she'd lose. She was arguing against stricter criminal laws, and with a judging team featuring Maven Auryn (who according to Bernard Barrett was "the worst misty eyed idealist you'd ever have the misfortune to meet", and a devotee of some sort of justice deity) she really had very little chance of winning. Still, there was often some way out.

[New Earth Initiative]

Doctor Leander Gern, 39, was excited. In his eyes reflected the fire of a man who couldn't await to prove himself. His curriculum vitae was outstanding. He was proud that he was chosen by his company to participate in an international court.

He chose his blue uniform and carefully checked his documents once more before he left his pedantic-clean and puristic apartment near the Supreme Court building.

He entered the courtroom and, with energetic steps that were meant to underline his energy and determination, walked directly to his assigned seat. he was confident. He would win this case.

[Waspeaters]

"Hello." said Daisy to Leander "It appears as if we are working together here. I must say, I'm not too confident about this. What about you?"

[New Earth Initiative]

"Why should it be difficult? The UEF, compared with the corporation I used to work with, is a civil rights love-fest. And my corporation does care for its citizens. Therefore I see it as unreasonable to impose harsh sentences against criminals, for every crime has a reason. A socio-political, cultural or even medical reason. As this court acts in the name of one of the most liberal union of nations, we can expect to have some good starting points. Most criminals are not 'evil'. Harsher retaliation tactics aren't progressive. We should demand better integration programs... more community-work-camps. A prison-university. Things like that. I plan to barter things down... instead of justifying our current system, I'd even say that we should loosen our overly revengeful punishments!" he winked and smiled. Obviously we are discussing political crimes done by governments- not individual crimes. But I already contacted a professor of social science- he will prove that a government is actually a personification of a culture- thus an individual that can change. 'Imprisonment' of a nation; 'enslaving' and 'exploiting' a nation in the name of a good cause will lead to social unrest and retaliatory thoughts. The pinnacle of this development is the formation of a radical fascist movement- the nation didn't rehabilitate, instead it grew to bitter and hateful!"

Leander smiled archly. "What do you thing of that, huh?"

[Waspeaters]

The bloke had a point, even if he looked half Vulcan. "True. I stand corrected. But I'm still not sure we'll be able to win this. I mean, look at the council for the Prosecution. He's either extremely intelligent or extremely eccentric, judging by his outfit. Can we out argue a beard like that?"

[Rarth]

Merlin looked over at his competition and sighed, he would require aid if he was going to challenge two representatives. even with two judges still missing from the board at the moment he hoped the prosecution team would arrive shortly and aid him in setting up his initial position. He would not really want to argue to long about these things and he knew at least one of the judges was already slightly against the idea of taking advantage of innocent people. He hoped things would slowly turn in his favour if another judge could be convinced of the very same thing, yet he knew not what the outcome would bring.

[New Earth Initiative]

Leander was indeed a bit intimidated by the wise-old-zen-master look of Merlin. "I think we have an advantage. We are neither insane, nor are we demanding stricter regulation from a liberal court. Let us be serious: who with such a beard has a completely sane mind? He might be a narcissist, yes, or he is indeed wise- in this case he is most likely book-wise, as a beard of such dimensions proves unfunctional for an active lifestyle." he chuckled. "Let's not underestimate him. If we remain disciplined and quick we might outsmart him. Right and wrong are just concepts. I am sure we have more pie-charts and numbers prepared than him" and the employee of the New Earth Initiative was searching his folders that indeed were full of reports, scientific studies, statistics and colorful charts.

[Our New World Oceania]

Deleted

[Our New World Oceania]

Dimitri Atire walked into the building, handcuffed, two UEF guards on either side of him. After a failed attempt to kill Maven Suryn, they had taken him here. His aquaitance, Micheal Fletcher, had been killed. Atire had no plan as to what he would say, but he intended to protect himself as well as he could.

Exactly why he was here, he did not know. He thought it was almsot obvious that he was guilty of some crime... Or was he? Was simply planning to murder someone a crime? It was in Oceania. They would classify it as 2nd degree thought crime. But he had heard it did not exist elsewhere. Indeed, the law in Oceania was a relaxed one, and so it would obviously be much more relaxed anywhere else.

Atire attempted to keep his mind at bay until the trial began. He knew it would not be only about him, but crime in general. Or would it? Atire had no idea whether he was to have his own case, or one as a smaller area of another case. He feared if it focused only on him, they would want to find better reasons why he should be executed. He knew that an Oceanian delegate would not be attending the meeting, for the last thing Sir John wanted was dealing with a problem like this face to face with Maven. Atire knew he wasn't going to be rescued by any Oceanians, and that if there was any diplomacy with Crystal Spires, it would be between Harold Intonarl and a representative of Crystal Spires, occuring months after this trial, by which time, Atire would most likely be dead.

Maven assassination story.
http://forum.nationstates.net/viewtopic.php?f=5&t=154148

[ArghNeedAName]

William Parr arrived at courthouse soon after. He walked in dressed in a formal suit. He'd kept a wig in his bag, just in case, but wasn't planning on wearing it. He plodded into the courtroom, looked around and smiled and nodded at the judge and defence lawyers who were present.

[Rarth]

As soon as the criminal who tried to kill Maven arrived Merlin knew he was in the clear. There was no way maven would side with the side that wanted to let people like this go about their duty threatening freedom and lies. He had personally decided to bring in the man as a character witness to what he was bring to stop and he knew the defence did not have anything similar.

[Our New World Oceania]

Atire looked around, and then walked towards the highest looking official he could find, who was Merlin. The guards followed directly on his tail.

"I couldn't help but wondering," Atire said to Merlin, "But could you tell me why I might be here? Is my punishment being decided here? From where will the jury be?"

[Rarth]

Atire looked around, and then walked towards the highest looking official he could find, who was Merlin. The guards followed directly on his tail.

"I couldn't help but wondering," Atire said to Merlin, "But could you tell me why I might be here? Is my punishment being decided here? From where will the jury be?"

Merlin smiled "Oh no, your punishment would be decided in a local court, you are here as a character witness for me. You see this is the supreme court and we are discussing harsher regulations and definitions within the UEF regarding criminality. You are a prime example of why we should have them as one of our main judges is the one you tried to assassinate." he then turned " You are here to prove a point."

[Our New World Oceania]

"Will Maven Auryn be attending?"

[Rarth]

"Will Maven Auryn be attending?"

Merlin nodded "he is a judge, and so not only will he be attending he will be ruling on this case."

[Crystal Spires]

A very tall man entered the building stepping through the marble floors making no sound as he practically glide through the hall adjusting the collar on his judgemaster's robe while he breathed deeply, understanding what awaited him in the high halls. He held his head high in dignity as his hair fluttered with each movement, their feather-like texture moving with each step and the white fluffy color making him look much older, but looking at his gentle face didn't give that impression. He had a youthful and gentle face with a gentle calm expression looking through a clear glass monocle framed with brass help up as he gently entered the room and spotted the gentleman from New Oceania, the one that tried to murder him. Maven never forgot a face, and knew that this case would be one that he would have to keep absolute neutrality on, or one that he'd have to recuse himself from.

Remember Maven, this case is not the trial for your attempted murder, this is to prove why we need the International Criminal Court to begin with. The reason that we need to keep such things punishable. Much better that justice be served rather than any sense of revenge be pursued. In my mind I know this is the man who pulled the trigger, the one who pointed his gun at me and fired with the intent to end my life for reasons I yet know not. I will still have to just separate it from myself in interests of Justice.

Maven moved through the center of the Judges Chambers and went to the Judges desk as he sat in his position looking at the crowd with his cool teal blue colored eyes.

Here goes nothing it seems. Let's hope everyone understands the serious nature of this matter.

Rarth, Salvarity doesn't often roleplay so it is my advice to begin proceedings unless there is any more reasons to wait, otherwise we'll be wasting our time on nothing.

[Rarth]

Rarth, Salvarity doesn't often roleplay so it is my advice to begin proceedings unless there is any more reasons to wait, otherwise we'll be wasting our time on nothing.

OOC: Very well
IC:

Alanor stood up in his eternal judgement position "I hereby call this court to order in regards to stricter regulations and definitions on Criminality and Criminals in the UEF charter so that the organization can define what they will act upon and sloe loop holes regarding said situations were criminals are acting. Prosecution goes first." Alanor sat down and turned to Maven "Just the two of us? Well we had better hope we do not disagree." he then mumbled and banged the hammer to show that court was in order.
________________________________________________________]

Merlin approached the stand with his opening statement "I come here today judges and members of the court to prove to you that having criminals but no laws to prevent their actions, is in direct violation with any freedom a freeman has. You see it is in our best interest to impose harsher definitions and laws regarding what criminal activities are and how the UEF should address them otherwise organizations like the I.C.C will be able t run circles around and through the loop hole not having these tighter restrictions will bring about."
he paused
"It is only a matter of time until human rights are violated in a way that the UEF has not defined. We must act now before that happens so we are not waffling in the wind when that happens. We must be able to act. Right now the only criminal activities we do not allow are slavery, assassination. That leaves an opportunity for robbery, sabotage and other forms of criminal activity that damage the freedom to live in a peaceful fear free environment. I strain the importance of this and hope your honours consider mandating the UEF to start imposing these restrictions. The prosecution rests."
Merlin sat down.

[ArghNeedAName]

Parr stood up in his seat.

"Your honours, my name is William Parr and I represent the Union of Equality and Freedom in the trial of Mr. Dmitry Atire, who is charged with conspiracy to murder on Mr. Maven Auryn, the High Chancellor of Crystal Spires.

On the 7th of December 2011 in, Mr. Atire attended an event at the High Council Building in Caltris, Crystal Spires, at which the High Chancellor was to make a speech. The speech was interrupted by two gunshots. A gunman called Mr. Michael Fletcher was shot dead while attempting to escape. It is not disputed that Mr. Fletcher attempted to murder the High Chancellor.

Mr. Atire clearly conspired with Mr. Fletcher to assassinate the High Chancellor. The idea of joint enterprise is that a person who knowingly participates in planning or carrying out an illegal action without directly comitting it will still face criminal responsibility. This idea is well founded in previous court rulings such as the British prosecution of Swindall and Osbourne in 1846.

However, the key focus of the case is not to prove the charges, but to prove that this international court needs to exist for this purpose. Mr. Atire must be punished for his actions and a court must exist with the jurisdiction to do so. This is vital that this because otherwise the result would be revenge being used instead of justice and a great threat to the Rule of Law that upholds the equality and freedom of our citizens. Thank you, your honours." He bowed and sat down.

[YellowApple]

OOC: This is a tag. Please ignore this post and the contents thereof. Thank you.

[Rarth]

Parr stood up in his seat.

"Your honours, my name is William Parr and I represent the Union of Equality and Freedom in the trial of Mr. Dmitry Atire, who is charged with conspiracy to murder on Mr. Maven Auryn, the High Chancellor of Crystal Spires.

On the 7th of December 2011 in, Mr. Atire attended an event at the High Council Building in Caltris, Crystal Spires, at which the High Chancellor was to make a speech. The speech was interrupted by two gunshots. A gunman called Mr. Michael Fletcher was shot dead while attempting to escape. It is not disputed that Mr. Fletcher attempted to murder the High Chancellor.

Mr. Atire clearly conspired with Mr. Fletcher to assassinate the High Chancellor. The idea of joint enterprise is that a person who knowingly participates in planning or carrying out an illegal action without directly comitting it will still face criminal responsibility. This idea is well founded in previous court rulings such as the British prosecution of Swindall and Osbourne in 1846.

However, the key focus of the case is not to prove the charges, but to prove that this international court needs to exist for this purpose. Mr. Atire must be punished for his actions and a court must exist with the jurisdiction to do so. This is vital that this because otherwise the result would be revenge being used instead of justice and a great threat to the Rule of Law that upholds the equality and freedom of our citizens. Thank you, your honours." He bowed and sat down.

Alanor arched his brow "You are aware that this trial is not to prove or disprove this mans innocence but to define regulations on criminality within the UEF? His verdict I would assume is being handled at a local level and unless it contains implications for a larger case I have to dismiss what you have just said. Merlin has summoned Mr. Atire as a character witness to what he is arguing for, I hope you understand this. Defence of this man is not what is in question. You may argue he did not do it when he is called to the stand as a character witness but I must warn you that his innocence in the eyes of definition will do very little for you. Defence dismissed for being un-related." he then motioned "Any other defence to bring?"

[New Earth Initiative]

Leander stood up and paused to slowly gaze from one judge to another, to the prosecution, up to the apparent 'criminal' (whom he gave a calming nod'). "Ladies and gentlemen; friends; your honours." He turned to the judges.

"I am Dr. Leander Gern, an employee of the New Earth Initiative. It is my duty to serve this most prudent court as a defender and I am glad that this opportunity to protect civil rights was given to me. You may have noticed, your honours, that my friend William here ignores the main point of the debate. Instead of discussing the global question whether harsher punishments for rogue organizations and nations should apply, he talks about a single, rather confuse, case. Instead of presenting numbers and facts he brings up an, to quote him, 'assassin'. Coincidentally this 'assassin'- who actually never killed anyone- we are talking about thought-crime here! Yes thought-crime and not more!- apparently targeted you, Maven Auryn; you who are a judge on this case."

Leander paused to let his unveiling act upon the audience. Then he slowly shook his head, smiled archly and moved his index finger schoolmasterly- he wanted to imply, without directly calling it out, that this is not only a manipulative method, but maybe even part of a conspiracy.

"I fear, your honours, that, as one of you might be already biased against this case, this might actually be a show trial. A propaganda trial. A political farce that is actually... a subtle step towards Imperialism. Why else would we want to judge other sovereignties with other cultures and traditions? With different morality and believes? Nations are like people: individuals that should be granted the freedom to develop."

Leander knew that he went a few steps to far, paused, and decided to point out other, less dramatic, facets of this case.

"I respect my friend William here a lot. I am sure he is a noble citizen and an upholder of justice. But I fear that he might be overzealous- which is, as we know, a form of radicalism, something that makes us have bad and hasted decisions, something that makes us force our ideas into another individuals' mind. I for one see only the beautiful and free nations that prosper under the banner of the UEF- why should WE, the liberal and free, the peaceful, the citizens, waste our lives in foreign battlefields, because some political officials with nontransparent agendas say 'this is justice, we must destroy the rogue nation, the rogue organization, those criminals!'. Let us not go down in history as imperialists with an authoritarian law that demands to punish others out of vindictiveness. Let us see those organizations and nations as individual beings."

Leander took some papers and diagrams- he walked up to the judges

"Your honours... the defense wants to use those scientific and theoretical studies on the effectiveness of harsh punishments on individuals. As you can see criminals are not rehabilitated effectively in prisons. Instead they get in contacts with crime lords, grow overly aggressive and might even be unable to fir in society ever again. Those people lose valuable years- and taxpayers must suffer for it, too. We must rehabilitate criminals, we must teach them, help them, try to reintegrate them in our society. See? Nations are people. We must teach them, guide them and help them. If we invade other cultures we will only create martyrs, we will only wake a lust for retribution. It happened before. The good conquered the bad, imposed their way of live and were surprised when a second world war happened straight after. Costing so much many more lives than the one before."

He went back.

"This guy here" he pointed at Atire "lived in a nation that is directly or indirectly violating the charter that the UEF upholds. He wanted retribution. This is the result of martial law. Thank you, your honours."

[Waspeaters]

Daisy stood up to speak. "Well. I am Lieutenant Daisy Carpenter, and I also would like to argue my point. Some have called for our organisation to take a harsher standing on crime. An admirable aim, I think, but perhaps not thought through as well as possible."

"Let me ask you a question. What is crime? Who is a criminal? Is it not true that different nations have differing attitudes to this arbitrarily defined maltreatment of others? I give the example of King Thomas the Great of Waspeaters, who famously awarded a thief who tried to steal our crown jewels with a peerage for his daring crime. Obviously in another nation, he would have been executed. Euracta, a nation in the UEF is known for it's relaxed attitude to crime, which I believe is key to it's culture. Would it be fair if others were to say that in their view, organised 'crime' is morally wrong and so they should just remove it from their beliefs? No. I believe that it is not fair. In attempting to spread our flavour of freedom, we would be doing the exact opposite."

"This shambled proposal is a rushed attempt to deal with rumours of criminal co-operation. This is a matter for local governments to sort out crime, not an international organisation designed to protect existing freedoms, not force new ones where they aren't wanted. It is fairly unpopular within the union itself, and frankly not morally acceptable. If 'nations housing criminal associations' were downgraded to observers, as in the original proposal, then eventually we will be left with no-one. Every nation has a criminal ring of sone sort, from drug smugglers to international assassins. Where do you stop? What about the gang of school bullies who call others names? Others could call that crime. On another note, the fact that nations merely housing criminals are downgraded is utterly unjust. If Waspeaters was home to, say, a gang of international art thieves who no-one knew about, is it right that we should be punished? Thank you, your honours. Daisy out."

Not bad for an on the spot speech. She might have gone a bit overboard on the rhetorical questions, though.

[Our New World Oceania]

OOC: I could assume that this thread has basically been closed considering that the majoriity of the UEF has voted against it.