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

[Segentova]

As the other delegates spoke, Hugo skimmed through the documents, taking notes of their critiques. Article 2 seemed rather unpopular, having voted against the last resolution on the grounds of national sovereignty, he could see that coming into play again. The thought that had this resolution been subject to a Tavern-Test at home, it probably would have been shot down, eventually crossed his mind. Environmentalism wasn't the biggest issue in Segentova, maybe the hippies of Polaire were the exception?

Having thought good and well about what he wanted to say, Hugo proceeded to get ready to speak. In a typical manner, he cleared his throat and took a long breath before making the signal.
"We, the Delegation of the Republic of Segentova commend the spirit of this resolution. God's green earth is a gift not to be thrown away lightly, as such, we wish to commend this resolution for its intent in combatting the pollution and destruction of the environment by reckless human actions." He paused briefly, removing his glasses before continuing; "Yet, we also share in the critiques of the honorable delegates of Jergia, Ainslie, and Thromsa. Article 2 seems too far-reaching in our mind, as we believe that nations ought to be primarily responsible unto themselves in these matters. As such, we are concerned that this resolution is too far-reaching for its own good, and we cannot in good conscience support it in its current state."

[Aizcona]

The Estral delegate nodded as they read over the proposed resolution and as they listened to the other delegates. After Hugo finished speaking they keyed their mic, "Normally Aizcona would be the one to rail against the League's breach of sovereignty here but my colleagues are doing that on their own. Nonetheless, Aizcona does actually agree with the ideals of this resolution as we have fought hard to reclaim our nation's environment from previous generations' destruction of it. It is our concern though that this resolution is too far reaching. Ideally ecocide would be handled at the national level, although we can see the need for the ICJ to operate on ecocide if the case spans multiple nations."

[Jeriga]

"I believe we need this resolution in it's current state without Article 2. Defining what Ecocide is and designating it as an international issue with international affects is all that is needed. Using this basis, the League can sanction nations which commit these things in an egregious manner. I suggest that the submission be revised and resubmitted and, without the ICJ and crimes being mentioned, it be passed."

[Laeden]

Jean-Noël Darche, the Laedenian ambassador, sat patiently, listening to his fellow ambassadors voice their opinions and thoughts, while he occasionally nodded and smile. He agreed, in fact, with much of what was being said by the other diplomats, and was happy to see that his interpretation of Resolution No. 22 was not isolated.

He finally stood up, when it was his turn to speak, and approached the microphone. After a few minutes of silence, in which he looked at his sheet of paper with notes on his main points, the ambassador, an elderly man, began to speak, calm:

“The noble ambassadors present here, who preceded me in speaking, have already presented in a sufficiently clear and eloquent way the problems represented by article 2, “a” of Resolution No. 22. Naturally, any hypothesis of submission of sovereign States to an international Court it must be treated with extreme caution, especially when dealing with crimes.

I would like to highlight, however, a point that has not yet been explored. Article 1, "a" of the aforementioned Resolution provides the following description for the crime of ecocide:

'Any act that results in the temporary or permanent damage of an ecosystem or a significant area of ​​ecological importance, determined by its net biomass, biodiversity, population of endemic or endangered species, conductivity to human society, and importance to human welfare, whether intentional or accidental'

Apparently, at least on a hasty reading, the Resolution equates, in terms of classification of the crime of ecocide, accidental acts that result in temporary damage to the environment and intentional acts that result in permanent environmental damage.

It seems to me, dear colleagues, that the Resolution, on this point, violates one of the most basic principles of criminal law, namely, the principle of proportionality. It does not seem reasonable, except in extraordinary cases, that accidental acts suffer the same sanction as intentional acts, nor that transitory damages be treated with the same severity as permanent damages.

Having made this consideration, and taking the opportunity to congratulate the dignified initiative of the representative of Roendavar, I think that the Resolution could prosper if it submitted to the jurisdiction of the International Court only those acts that violate environmental integrity that are intentional and that produce permanent and significant damage. Considering that the environment is a patrimony of common interest to all nations, it seems reasonable that nations that actively engage in behavior that violates environmental integrity, on a large scale and in a conscientious manner, should be held responsible internationally. On this point, therefore, I dare to disagree with previous colleagues. I think that the topic in question can be the object of international supervision. However, this protection can only be invoked in cases of supreme gravity. The description of the crime of ecocide, however, seems too broad to justify the invocation of this protection. For this reason, Laeden is contrary to Resolution No. 22, suggesting to the noble representative of Roendavar that the proposal undergo adaptations for further discussions, since the merit of the normative content deserves applause”.

[Wellsia]

Wilfred Ahelmel listened to the other delegates as they spoke about Resolution 22, most of their arguments were about protecting their own sovereignty and mostly dealt with Article 2 of the resolution. With a lull in the discussions, Wilfred stood up and adjusted the mike. "Noble delegates, unlike most of you, I grew up in the country and spent my youth working on a farm and let me tell you, nature is a tenacious enemy, it attacks everything you do and with out constant diligence will retake it all. I have never heard of this here term ecocide, but it seems to be one of those educated words that people make up. Now have grown up with nature, I know you can't kill nature, you can fight it, you can control it, but no matter what in the end nature always wins. That be said, now lets address this resolution.
My first question is about Article 1, Section C. I assume that this does not apply to attacking or defending military forces.
Now Article 2 has been addressed by just about everybody.
Article 3. Who decides what constitutes international environmental standards?
Now those who live with nature, know that nature can't be destroyed, but certain parts of it can be eliminated by the foolish of man, wanton destruction of anything is wrong in any way, Wellsia will assist in the prevention of destruction of life and does what it must to preserve all life, wild and domestic, but will not support making it a crime.

[Weinam]

"Weinam acknowledges the importance of the proposal, having undertaking numerous environmental protection acts across our nation, we are of the understanding a need to take a firmer grip on environmental concerns. We however, are unable to support the proposal in it's current state, given the lack of depth to article 2. As our fellow nations have commented, we need a much more solid foundation for that which is constituted as a 'crime' and the subsequent trial and punishment procedure".

[Jeriga]

"I think its safe to say that we can bring this to a vote."

[Essena]

As the voices are heard debating in the chamber hall Mr. Montgomery Quail quietly opens the massive mahogany door as he tries not to make a sound. After successfully entering without a sound Mr. Quail finds and open desk to sit it. As he unloads his briefcase, he takes out a notepad, a few pencil, a pen, and erasers for said pencils. As he looks around the chamber hall with all the representatives of other nation in The Western Isles he thinks to himself "Essena is now at the international table in the TWI." Mr. Quail then pulls out a handmade namecard made by his daughter that says "Mr. Montgomery Quail, Representative of Essena." As he sets it down the namecard knocks a pencil to the ground just as there is a hush in the chamber. The sound of the pencil falling and bouncing, even though lasting only a few milliseconds, felt like a lifetime to Mr. Quail. And without fail as he takes his gaze off the pencil to look up he sees the same faces focused at the center of the chamber now looking at him. In a split second with no words he raises his hand and waves, not just any wave but a Monarch's wave, as the murmurs begin and heads smile or turn right around. All the while Mr. Montgomery Quail thinking to himself "@&#@! #$%^&! I guess Essena made its presence known, great start." Under his breath he verbalizes a yes as he brings down his left arm.

[Roendavar]

"The delegate from the Utopian Kingdom of the Union of Roendavarian States have heard the grievances and the suggestions of the honorable delegates in this chamber. After much deliberation and discussion on our end, we have reached a conclusion regarding this resolution.In light of this, we do acknowledge that the road to building a more environmentally safe future is one paved by all, thus, we have decided to accede to these suggestions and amend the initial resolution that we have put forth in this chamber."

"Now, to address individual questions in light of this new amendment. The delegate of Wellsia has asked whether or not Article 1 Section C applies to attacking or defending military forces. The answer is yes. In fact, the specific section was made with warfare in mind, and how environmental destruction is always an aftermath in these scenarios. Warfare or not, the act of destroying and depriving civilians and the very nature itself of security is a grave concern, more so if such warfare employed the needless destruction of the environment."

"To the question of the delegate from Laeden, we are aware of the principle of proportionality. We do believe that the resolution identifies what ecocide is, and it can be accidental or intentional. However, discretion of its punishments and reprimands will always be decided by courts or institutions that will it, thus, always be judged differently."

"Thus, the new amended resolution shall be henceforth."

RESOLUTION NO. 22
A RESOLUTION ON DEFINING AND RECOGNIZING ECOCIDE

The League of the Western Isles,

Acknowledging the importance of nature and the environment in the well-being and development of human societies, its importance in facilitating the production of goods essential to the welfare of humanity, and its inherent connection and mutual relation with humanity itself,

Acknowledging the role of humanity in safe-guarding and protecting ecological systems and biosphere as humanity holds more power in the decision of acts that would impact and alter the environment both short-term and long-term,

Acknowledging that act of ecocide, as defined, and its harmful effects on human societies and civilization as an act disrupting natural processes integral in the functioning of the environment and the world,

Recognizing the need for a framework that would delineate and define the boundaries in which an act can be treated as ecocide, as such, subject to different systems,

Recognizing the need for nations to develop national frameworks that would identify and monitor the act of ecocide and to define responsibilities of respective nations to protect the harm of their respective environments,

The League of the Western Isles, thus,

1. Defines the term ecocide as;

(a) Any act that results in the temporary or permanent damage of an ecosystem or a significant area of ecological importance, determined by its net biomass, biodiversity, population of endemic or endangered species, conductivity to human society, and importance to human welfare, whether intentional or accidental;

(b) Any act that would drastically alter or irreversibly damage the ecology of a biosphere conducive to the processes of nature, such as but not limited to, animal migration, animal breeding grounds and seasons, floral adaptation, floral reproduction, natural nocturnal cycles, etc.;

(c) Any act done that deliberately harms the environment in order to deprive a group of people of natural resources and processes in the production of basic necessities, such as but not limited to, food, water, clothing, and shelter, etc.;

(d) Any deliberate act that would involve intentional and malicious incapacitation or death of flora and fauna on an unnecessary scale of number, as such that it will not yield any positive outcome;

(e) Any act, whether intentional or accidental, that would be conducive to an ecological catastrophe on a global or regional scale, that would cause significant harm to the welfare of human societies and nature;

2. Encourages the creation of an international framework that shall oversee the act of ecocide in terms of transnational and international acts, to oversee compliance to international environmental standards, and to act upon discretion and interpretation, the definition and bounds of the act of ecocide,

3. Encourages nations to evaluate their legal systems and laws in order to accommodate the recognition of ecocide and to implement measures in upholding such,

4. Encourages nations to affirm their commitment in environment and ecological preservation, as so to act in the prohibition and criminalization of ecocide,

5. Emphasizes the gravity of the act of ecocide as harmful and a threat to all nations and people.

[The League of TWI]

"The chamber now moves to a voting period regarding Resolution No. 22, A RESOLUTION ON DEFINING AND RECOGNIZING ECOCIDE, submitted by the delegate from the Utopian Kingdom of the Union of Roendavarian States. This voting period will last until September 1, 2020. All votes passed after shall be rendered invalid. Any dissent shall be taken as protest and the chamber moves back to deliberation.

[Corindia]

"Corindia votes Aye"

[Jeriga]

"Jeriga votes in favor after reading the amended form."

[Ainslie]

"The Unified Electorates votes in favour of this resolution, in its amended form."

[Belantica]

“The United Queendoms of Belantica votes nay on the amended Resolution 22.”

[Devissan]

"Devissan votes nay."

[Wellsia]

While we don’t agree that ecocide is a possible event, knowing the tenacity of nature to retake what she has lost, we also agree that wanton destruction is a man made evil, with this in mind, the King, Nobles and people of Wellsia have informed me of their will, and with a clear conscious , Wellsia votes aye in support of the resolution.

[Havalland]

The Parliament of Havalland does not find this act necessary, we already have the natural protection act and have been protecting our nature for over 100 years, creating restrictions on hunting and lumber working to minimize damage to the ecosystem.

Havalland votes Nay.

[North Oscotia]

The delegate from Oscotia makes their way into the hallowed halls of the league, finding their seat, they get themselves acquainted with the current topics and addresses before settling down and observing the vote in motion.

"The Government of North Oscotia votes NAY to Resolution 22 and it's subsequent articles". The delegate finally commented.

[Biaten]

"The Republic of Biaten agrees with the concerns raised by the Roendavarian delegation and therefore votes in favour of this amended resolution.

[Serpens Land]

The Realm of Serpens Land votes NAY on this resolution.

[Dormill and Stiura]

The United Republics of Dormill and Stiura votes AYE on this resolution.

[Nhoor]

"The Dominion of Nhoor votes in favour of this resolution"

[Solaryia]

“The United Republic of Solaryia votes in favour of this Resolution.”

[San Montagna]

"San Montagna votes against this resolution."

[Uprea]

As Bruno Mascarenhas entered through the door of the League Building, he wiped his forehead free from the sweat droplets that had formed there. He was nervous.
When the President asked him, if he could see himself representing The Federal Republic of Uprea on the big stage, he had answered with nothing but a self-conceited smirk.
Bruno was an accomplished lawyer and had worked for the government basically his whole life. He had spoken in front of TV-cameras and had represented the President and Ministers on numerous occasions. Nothing ever really fazed him.
He looked at his watch then fixed his glasses. Through his thick lenses he looked at a secretary desk with several employees typing on computers. With a self confident stride he approached the desk.
"Bruno Mascarenhas, I was sent here from the Federal Republic of Uprea", Bruno reached the desk, followed by two uprean security guards.
"Mr. Mascarenhas yes of course we have been expecting you. Right this way", the secretary said and got up. She was obviously impressed by the ambassador.
Bruno was guided through the Entry Hall and into the Assembly room. As he gazed upon the enormous room, he finally saw the table with the Uprean flag. Next to it was a little name tag with his insignia.
Bruno sat down his briefcase and took a seat.
"Yes, this feels right", he thought as he checked the time once again.