[IC] [TWI-Only] The League of TWI (Assembly)

[Belle Ilse en Terre]

Sir Giles looked at Stephanie. "I think that is a good idea, but the implications of trying someone decidedly against SHOCK before assaulting, legally, militarily, economically, or culturally, the group itself. However, a trial in the League is most likely the fairest solution. "

He then turned to the Volkegothic delegate. "Do you doubt the impartiality of the International Court of Justice? Cite the paragraph which makes you think the League has no authority in this area."

[Cantonos]

There seems to be an overflow of drama majors in the League, rather than actual statesmen, Yoon-Bum thought to himself as he let the magnitude of the Ilsean delegate's ignorance of international law sink into his mind. He would ruffle through his papers and pull out a specific page which he held up as he turned on his microphone.

"I'm afraid I shall have to use this occasion to enlighten the honourable delegate from Belle Ilse en Terre on the fallacies of his statement. There is a common phenomenom known as the "God of the gaps", the fallatical assumption that if there is a gap of knowledge in the scientific community in order to understand an aspect of the natural world, therefore the cause must be supernatural -- or in this case: God.

What the honourable Ilsean delegate employed here was the legal rendition of the God of the Gaps when he said, quote: 'Cite the paragraph which makes you think the League has no authority in this area'. Here in my hand I have the relevant articles of the Charter of the League of the Western Isles, these being Articles 8, which outlays the League's intentions to create the International Court of Justice and states that the League shall 'be competent to hear and decide any dispute of an international character which the parties thereto submit to it'; and Article 9, which outlays the situations which would generally fall under the ICJ's jurisdiction and states that 'disputes concerning the interpretation of a treaty, any question of international law, or the existence of any fact which would constitute a breach of any international obligation, or the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to mediation.' These are the only, purposefully vague, mentions in the charter which outlay the obligations, operations and jurisdiction of the ICJ, and none of them give the ICJ or the League as a whole jurisdiction over such a matter.

Questions are often best solved with answers, but in this case I shall counter the Ilsean delegate's inquiry with yet another few questions: Where exactly does it say in the League's charter that it does have this authority? Where exactly does it state that in contradiction to it's charter that it handles "dispute of an international character", thus between nations, the ICJ has the authority to trial individuals? The International Court of Justice does by no means have the authority to trial individuals, and forcing any nation to have it's citizens trialed by an international court goes against the very same international law on which this organisation is based upon.

[Atnaia]

"I agree with the honored delegate from Contonos, save for on one small detail," Barburj said. "The ICJ does have the authority to trial individuals based on precedent. It has tried individuals before, under different circumstances. We must take into account that precedent when we determine what the Court does and does not have the right to oversee in trial. In addition, it can try an individual if that individual has broken international law, such as in the case of war criminals."

[Verdon]

"Except the ICJ can't do anything. The jurisdiction of the court is outlined in the old league charter, a document that is no longer upheld"

[Atnaia]

"That's true, and frankly an egregious oversight," Baburj nodded. "However, we can still assume some form of precedent holds. I mean, we still pay for the courthouse. We employ judges. If it has zero jurisdiction, we may as well level the ICJ and put up a nice strip mall or bypass."

[Cantonos]

"Precedent is one thing, but the Charter which grants the authority to said organisation is the supreme law by which it operates. Said case of trialing an individual, by definition, breached the League's own laws. Whichever individual was trialed by the ICJ was, and I hate to say it, unjustly treated as nowhere in it's charter does it stipulate that the League has such an authority. I suggest that in order to uphold international law, and the importance of codified standards by which to resolve such crises, the League seeks to establish an International Criminal Court which would have such authority, or amend the charter as to extend the ICJ's jurisdiction beyond international disputes. As it stands, there are no grounds by which to justify such gross overreach of authority. On the other hand, although we disagree with the prudence of such action, it is entirely legal for Volkegoth to take Athara Magarat to the ICJ to force the extradition of such an individual to be tried by Volkegothic courts."

[Atnaia]

"That's more than a tad of an exaggeration. The Charter never mentions international criminal cases, therefore it isn't really a breach. If the Charter had suggested that the ICJ could not try individuals, and then it did, we would then have a breach. However, the internal vagueness of the Charter, which you alluded to, left it open. Specifically under the clause where it mentions that the ICJ can try cases of breach in international law. That is open enough that we can assume just about anything about what it means: it could mean that the Court had the authority to try cases of breach of any international law, including international criminal law, such as in the cases of war crimes it became involved in."

Barburj took a breath. "Anyways, Verdon brings up an excellent point. We're referring to the old Charter. This is all meaningless in regards to the new charter. To quote our fine Vancouvian delegate:

"The charter's purpose is not to legislate but to provide the basis on which we can. "

[Cantonos]

"The simplicity of the League's charter is not an excuse as to unjustly expand it's authority. Semantics on whether it was a breach or not is not what I'm trying to convey here, it is the simple message that nowhere in this document said authority was given to the League or the ICJ. The League clearly states which cases of international nature, international strictly meaning between nations, fall under it's jurisdiction and authority. Article 9 goes further into it by detailing the sort of issues, all of which are disputes between nations, which fall under the ICJ's jurisdiction. Flexibility and vagueness are a necessary evil in law, particularly international law, but it doesn't mean that it gives an international organisation an empty piece of paper where it can fill in what it feels it's authority should be. Surely the honourable delegate of Atnaia would agree that written conventions are the only way by which an organisation like this can draw authority from, otherwise any member of the League signs up to be subject to a myriad of unwritten assumptions which may change according to the assembly's mood. And all of this is under the notion that the Old Charter would have any validity in current international law considering the relevance of legal precedent. As you have pointed out, the new charter does not even refer to the ICJ, or even less it's jurisdiction or authority. Neither the old charter, nor the new charter, would justify the trial of an individual."

(OOC: My apologies by the way, I was a bit confused by the fact there seem to be two charters although one is apparently obsolete)

[Verdon]

"That's true, and frankly an egregious oversight," Baburj nodded. "However, we can still assume some form of precedent holds. I mean, we still pay for the courthouse. We employ judges. If it has zero jurisdiction, we may as well level the ICJ and put up a nice strip mall or bypass."

"Well actually the judges were selected randomly from among the member nations on a case by case basis. Though I don't recall if that was adhered to...
I imagine the ID could use an infrastructure update." said Robert, only half-jokingly.

"Since the Hangma is here, I believe we should listen to how Athara Magarat intends to proceed with the criminal in question"

[Belle Ilse en Terre]

"Honourable Canticulean delegate, I admire your zeal and depth, but I ask that you consider carefully what I say. When I asked the esteemed Volkegothic delegate for a citation, I was asking him for a citation. "

Sir Giles paused. The situation was tricky. On the one hand, the King was hostile to Volkegoth, but on the other hand, it was necessary to prevent precedents that light turn the League into a future enemy.

"Delegates, why is it necessary to involve the League overmuch? Can we not simply broker and regulate an agreement between the two nations? I do not speak for either country, but it seems harsh to extradite the delinquent responsible for the missile, and Athara Magarat has paid greatly for the officer's action. Is the labour that built the two ships sunk, or the men who died when they sank, not enough compensation for Volkegoth?"

"I think Verdon's proposition reasonable"

[Athara Magarat]

"Very well." Jrm Hangma spoke. "We intend to know possible locations of other SHOCK hideouts from the lieutenant [who has done his own investigations on that] and then hand it over to the League to decide what is to be done...even though we are not a member here. I knew it would come to this...so we brought you the present as well, delegates."

Two Athara Magarati soldiers dragged Lieutenant Ludo Bahadur Dura into the League room. The man showed no hints of any emotions but he looked at the delegates from each and every nation.

"The lieutenant has gladly provided us with the list of all possible SHOCK bases that he has knowledge of." Jrm Hangma said. "He has agreed to face for his mistake. And we believe the League would be the best option to resolve this...than say handing him over to Volkegoth, no offense meant to the Volkegothic delegation."

Then she turned to the lieutenant. "Speak."

"I am ready to receive your judgement. The League's judgement." The man slowly muttered. "I hope it will be impartial..."

[Volkegoth]

You son of a bitch, Delegate Glass said under his breath at the sight of Ludo Bahadur Dura. "I know what you're doing, Mrs. Hangma. If you're going try to provoke me, try a lot harder. And by the way, before you start bombing random civilian-filled locations, you might want to tell us about these apparent SHOCK locations; maybe starting with the Grohand hideout?"

[Cantonos]

Yoon-Bum's face would morph into an expression of shock and confusion as the Athara Magarati Lieutenant was dragged into the halls of the Assembly. He felt a bitter taste in his mouth, it tasted like defeat. After hours of defending a sovereign nation's right, and by extension the League's lack of authority, to interfere in such matters -- a state had willingly given up one of it's citizen's fate to a bureucratic international body. Remarkable, yet shameful and spineless, Yoon-Bum thought as he scribbled down some notes. He would lean into his microphone.

"Considering the willingness of Athara Magarat to forfeit the sovereignty of it's rule of law and judiciary to the League in this very remarkable case, it would be prudent for the Assembly to methodically formulate an amendment to the League's charter which encompasses the duties and jurisdiction of the ICJ, or a possible ICC as to act within the framework of the League's authority before any trial would take place."

[Athara Magarat]

"Ms, actually..." Jrm Hangma tried to correct Delegate Glass. "And provoke you? No honorable delegate, I merely speak what I know. And since it would be inappropriate for a Hangma to say anything more on that issue, perhaps, Mr Dura?"

"Gladly, Jrm Hangma." Dura cleared his throat. "The Keomoran civilian ship Kai Tang was seen in your waters, Delegate Glass. The ship had been hijacked by SHOCK around two months ago. The Grohand SHOCK base was to be supplied by their comrades from the Kai Tang with guns and bombs and stuffs. By the time we arrived there, I came to know that the Kai Tang had already fled elsewhere and in frustration, I set out to destroy the SHOCK base in Grohand."

The man became solemn. "I am responsible for the civilian deaths in that attack. I accept that. And I am the one who actions caused my fellow servicemen to lose their lives in your navy's retaliation. However, mark my words. SHOCK has infiltrated your nation more than you think."

He turned to the other delegates. "Not only Volkegoth, all of your nations has been infiltrated by SHOCK. I know what you all think. You think that SHOCK is running amok only in our nation Athara Magarat, or our neighbor San Montagna or Arvan, which in now in Noronica. That is nothing but a diversion strategy used by the cunning bastards who run SHOCK. The darned bastards are everywhere."

[Polar Svalbard]

Stephanie stood up, "Delegates, please. I believe we are all getting caught up in the semantics of trying to say what the League can and can't do. The League can do whatever we say the League can do. If we all agreed to it the League could have a standing army and navy. Now, the ICJ has thus far been able to prosecute criminals who have violated human rights or like in this case. That may have been a gross oversight that we did not realize that we had written the ICJ out of the Charter, although it has surpisingly still been handling cases. None-the-less..."

She turned to the delegate from Volkegoth, "I do hope you will allow the League to try this man. And..."

She turned to the delegate from Athara Magarat, "That your nations will be able to reconcile with each other, without further costs."

Finally she sat down.

[The League of TWI]

Sveihl looked at the lady from Athara Magarat, "Please remove him from this hall for now. Deranged ramblings are not tolerated, along with that I do particularly enjoy people being dragged in here by soldiers from a nation."

[Polar Svalbard]

Stephanie looked at the delegate from Cantonos, "Delegate, you might want to familiarize yourself with the League before you get here. Already the ICJ is going to be hard at work dealing with the trials of war-criminals from Great-Imperilonia. Thus if you want to continue with your ideals that the League has no power in these manners... " Stephanie tapped her watch.

[Athara Magarat]

"We want to reconcile and this man willingly gave up to the League so our nations would not have further tensions..." Jrm Hangma began. "Standing army and navy? Now that is appreciable, delegate."

"Make this quick. Give me a quick impartial trial." Dura spoke. "Then I will be ready to die at the hands of Delegate Glass. I want to you all honorable delegates to make this so that the real criminals from SHOCK cannot make use of the time to escape jurisdiction..."

"Silence, lieutenant!" Jrm Hangma ordered and Dura fell quiet at once.

"Take me where you want." Dura gave up and the guards escorted him out.

"Now that this is done, I think our delegation will be heading back home." Jrm Hangma spoke. "We have more important matters like the Ticking Flu, constant terror attacks and a refugee crisis to take care of."

[Polar Svalbard]

Stephanie cocked her head a bit, "Are you just leaving him here and leaving? Without further discussion?"

[Athara Magarat]

"Please understand this, delegates. I am the Hangma of Athara Magarati Demokratik Kuunsrach. Usually, the Hangma is not allowed to step out of her country in desperate times like this when a ravenous disease, terrorism and refugee crisis has doomed our nation." Jrm Hangma spoke in a monotonous manner. "I came here personally as a sign of goodwill that we were ready to reconcile. I came here personally to hand that man to your impartial jurisdiction. The people of Athara Magarat need their Hangma with them now more than at any other time. But if you insist, I will stay here for a bit further and what you all want to discuss and what you all want from our benevolent nation."

[Polar Svalbard]

"Please understand this, delegates. I am the Hangma of Athara Magarat. Usually, the Hangma is not allowed to step out of her country in desperate times like this when a ravenous disease, terrorism and refugee crisis has doomed our nation." Jrm Hangma spoke in a monotonous manner. "I came here personally as a sign of goodwill that we were ready to reconcile. I came here personally to hand that man to your impartial jurisdiction. The people of Athara Magarat need their Hangma with them now more than at any other time. But if you insist, I will stay here for a bit further and what you all want to discuss and what you all want from our benevolent nation."

"It shouldn't be too long hopefully. All we need is consent from Volkegoth." (OOC reminder: League is in weird timebubble like many RPs, don't forget)

[Volkegoth]

"Damnit, Hangma! Twenty-four innocent lives were lost to your nation and you have more important things to than to see justice through with him? Damnit, Hangma!

I'm, I'm sorry for the outburst. Just, seeing him... Volkegoth will be more than willing to see through with an international trial, but we would like to appeal to the League to get some time with him. There is a credible threat to Volkegothic security, and we would be overjoyed to get an hour of integration with him. See what he knows. We'll send him back for trial immediately afterward."

[Athara Magarat]

"Well...you should be asking this to the League..." Jrm Hangma replied. "We have entrusted that man to the League's jurisdiction. And time and again, I again apologize on the behalf of my nation for the deaths of your people but please understand that in our emergency case, more than 30,000 people have died to the disease, an unknown number possibly hundreds to terrorist acts and related events and 31 officers in your navy's retaliation..."

[Cantonos]

Stephanie looked at the delegate from Cantonos, "Delegate, you might want to familiarize yourself with the League before you get here. Already the ICJ is going to be hard at work dealing with the trials of war-criminals from Great-Imperilonia. Thus if you want to continue with your ideals that the League has no power in these manners... " Stephanie tapped her watch.

Yoon-Bum would raise an eyebrow at the apparent smugness of the Svalbardian delegate, his expression having returned to it's neutral emotionless demeanor.

"The honourable delegate seems to have utterly disregarded the whole notion of my protest to these actions. I am not opposed to League's rights to amend it's charter and allow whatever it wants to allow -- as long as it is done according to the organisation's procedure. Do the members want to militarise the League? No problem, put it up to a vote. Does the league want to be freely prosecuting criminals which violate human rights and international law? No problem, put it up to a vote to amend the League's charter. As you stated yourself, the League has acted well beyond it's jurisdiction, and although it may have happened in the past, I can imagine it can be mostly attributed to indifference in regards to the ever-so-flexible authority of this organisation. We are not opposed to the notion of the League having the ability of expanding it's powers, we are opposed of the vagueness of the Charter being used as a blank check to fill in whatever some delegates deem suitable to be the League's jurisdiction. That is why we have proposed for structural reform to the League and it's charter, to include provisions which do expand the League's authority and jurisdiction in order for it to be acting within the scope of legality. Although I admire the willingness of of the Great-Imperialonian administration to hand over former officials which during their tenure committed war crimes and broke international law, I do not think it's prudent for any entity, be it an international one, or even a national one, to be acting outside the tenets of it's constitution -- in this case the Charter of the League of the Western Isles. If there is such apathy towards operating an organisation according to it's de-jure legality, and thus adapting it to the needs of the international community through proper channels, to the extent of circumnavigating any vote or debate on the subject just to get things going, then the League under it's current structure may not be an organisation my country should remain part of."

[Tianshan]

The Jinlonese Ambassador stands and tells his delegates to leave the Assembly, without signaling his departure to the League. A large black limousine pulled up into International District Parking Entry, a young driver named Li Song, who opens the driver's seat and then walks slowly towards the passenger seat, opening slowly. He then whispers in a gentle tone: "Welcome, His Excellency, Sheng Hongying, the Ambassador of the Republic of Tianshan, we have arrived at our destination." Song Hongying, comes out of his passenger seat, giving a nod. Li Song then asks the ambassador if he needed any assistance, but Song Hongyin quickly refuses the offer. He'd then walks towards the entrance of the International District along with his delegates.

As Sheng Hongying enters the Assembly Hall, seeing other delegates seated, he goes to his delegate chair, waiting for other delegates to quieten down until he can speak, asking his guard to prepare Chinese tea whilst waiting.