[DRAFT] International Criminal Database

[Bakhton]

Category: International Security
Strength: Significant

International Criminal Database

The World Assembly,

Acknowledging that innumerable criminals cross borders legally or illegally in order to escape the justice for the crimes perpetrated in their country of origin,

Realizing that the major strides made in law enforcement from the combining of criminal databases of genetic and identifying markers of criminals in the reopening of cases and prosecution of suspects may be a successful model for the international community as well,

Wishing to pursue justice for all victims regardless of the current nation where the assailant is presently residing through creäting a new international database for all nations to uses of the ends of law and order,

1. Hereby establishes:
   
   
   1. The International Criminal Database, or ICD, a unified digital database of identifying markers, genetic or physical, of criminals through which all nation will contribute where applicable information on persons from their own national databases.
      
      
   2. The International Taskforce for Criminal Archiving, or ITCA, to aid member nations in the digitizing and joining of their databases of criminal information with that of the ICD for the ease of compliance and endeavoring of cost-effectivity for member nations.
2. Hereby mandates:
   
   
   1. All nations must share and join their own criminal databases with that of the ICD and cooperate effectively with the help of the ITCA, if needed,
      
      
   2. No nation may refuse to enter criminal information into the ICD in the attempt of protection of certain individuals to slow the extradition process or in essence protect them from trial,
3. Hereby clarifies:
   
   
   1. That genetic information refers to the DNA or RNA sequence and genotype, or related genetic information, of a suspect used in forensic science to prove guilt or innocence of a suspect,
      
      
   2. That identifying markers refers to the fingerprints, toe-prints, birthmarks, scars, tattoos, or any other largely visible and unique aspect of a criminal which would make them recognizable,
4. Gives exception:
   
   
   1. To those seeking asylum due to difference in member nation law, meaning that the member nation need not aid the extradition process by entering certain information into the ICD unless voluntarily decided on,
      
      
   2. To governmental actors such as spies and acts of espionage whose jobs rely on the breaking of law of another member nation in order to obtain information.
5. Encourages further coöperation of member nations’ legal systems and law enforcement agencies for the pursuit of justice and order throughout our worlds.

[Araraukar]

OOC post: How does all this relate to GA #312, On Universal Jurisdiction? Also, with clause 5 being the only non-committee (for proposal rules, databases fall under committee rule) clause, I don't see how this would be significant strength, as it's only an encouraging one.

Wishing to pursue justice for all victims regardless of the current nation where the assailant is presently residing through creäting a new international database for all nations to uses of the ends of law and order,

A random umlaut there (I presume it's umlaut instead of the letter ä because if it was the latter, it'd be even more random).

The International Criminal Database, or ICD, a unified digital database of identifying markers, genetic or physical, of criminals through which all nation will contribute where applicable information on persons from their own national databases.

Mismatch grammar there. Also, is that data from all national databases, or just the ones involving criminals? If it's all, it might be contradiction, at least with some of the patients' rights things.

The International Taskforce for Criminal Archiving, or ITCA, to aid member nations in the digitizing and joining of their databases of criminal information with that of the ICD for the ease of compliance and endeavoring of cost-effectivity for member nations.

The committee name sounds like the archiving was a criminal activity. Also, shouldn't it only offer aid, rather than force its way into handholding people doing the digitizing and joining, even if the people were entirely competent to do it themselves? And "database of criminal information" again sounds like the information was criminal.

All nations must share and join their own criminal databases with that of the ICD and cooperate effectively with the help of the ITCA, if needed,

That sounds more sensible, even if it disagrees with the mission statement above. Also, what happens if a nation doesn't have a criminal database? Oh, and "all nations", when you later use "member nations", sounds very much like legislating for non-members.

No nation may refuse to enter criminal information into the ICD in the attempt of protection of certain individuals to slow the extradition process or in essence protect them from trial,

Exactly what does this mean, especially when it comes to differences in national law? Especially with GA #147, Extradition Rights in effect. Also same thing about non-member nations.

Hereby clarifies:

Definitions should go before the first active clause that uses them.

That genetic information refers to the DNA or RNA sequence and genotype, or related genetic information, of a suspect used in forensic science to prove guilt or innocence of a suspect,

So the data will remain forever in the WA database even if the person was found not guilty and the data was removed from a national database?

That identifying markers refers to the fingerprints, toe-prints, birthmarks, scars, tattoos, or any other largely visible and unique aspect of a criminal which would make them recognizable,

"A criminal" as in "person who has been convicted of a crime but has not yet served their sentence" or as in "person who we think did something bad"? Also, will they stop being "a criminal" in the eyes of the WA after they've served their punishment?

Gives exception:

Also known as the self-gutting section.

To those seeking asylum due to difference in member nation law, meaning that the member nation need not aid the extradition process by entering certain information into the ICD unless voluntarily decided on,

...but nations are forbidden from not entering the information. I'm in any case confused by this. Does that mean that whenever extradition process is to be had, the criminal's permission needs to be asked before the information is entered? Or just when there's national difference in laws? If yes to either, then doesn't that in essence make this proposal entirely useless? Especially as nations don't have to extradite anyone anywhere, especially if there's no extradition agreement between the two nations involved.

To governmental actors such as spies and acts of espionage whose jobs rely on the breaking of law of another member nation in order to obtain information.

Wait, what? Wouldn't the nation whose laws have been broken still want to enter the criminal info as criminal?

Encourages further coöperation of member nations’ legal systems and law enforcement agencies for the pursuit of justice and order throughout our worlds.

Another random umlaut there. Also, this is the only active clause that doesn't directly relate to the database/committee, and it looks like a bumpersticker one. Surely you can do better than that?

[Separatist Peoples]

"We do not consider criminal records to be publicly available information, and refuse to support a resolution that would open access to such data in other countries. Many countries open criminal records to the public, and attaching our records to a unified database will violate the privacy of our citizens. Frankly, this looks like a preparation to open the doors to an extradition regime, and that just makes me distrust it further."

[Imperium Anglorum]

"We do not consider criminal records to be publicly available information, and refuse to support a resolution that would open access to such data in other countries. Many countries open criminal records to the public, and attaching our records to a unified database will violate the privacy of our citizens. Frankly, this looks like a preparation to open the doors to an extradition regime, and that just makes me distrust it further."

Elsie Mortimer Wellesley nods, and notes to the floor that it is very common in many judicial systems that records of trials, criminal records, etc. be private and sealed by court order, as it is in the United Commonwealth.

She thinks to herself, after noting the privacy concerns, that any inconsistencies between this proposal and section 1 of the Privacy Protection Act would almost certainly require a very subjective values judgement of whether the state of having a criminal record, itself not a crime, is protected. Such a judgement would create a very interesting set of legal questions, especially if nations concluded that that the World Assembly provided inherently contradictory mandates.

[Thyerata]

OOC: this resolution may succeed if you turn it into a resolution to create something akin to RL Interpol

[Wrapper]

OOC: this resolution may succeed if you turn it into a resolution to create something akin to RL Interpol

Really now? GA#2 still prohibits a WA police force, which, it can be argued, the International Police Organization is.

[United Christian]

I see a major loophole, now technically I shouldn't be helping because I'm not going to vote in favor of this should it get to the floor, and I'm not getting into that debate. However, you state that all nations should enter the data into the system and that no nation can not complete this action. However, you never give a time frame. So me, being someone who has no interest entering any data into a database can wait years upon years upon years to enter the data so long as the data is entered at some point in time.

[Bears Armed]

OOC: this resolution may succeed if you turn it into a resolution to create something akin to RL Interpol

Really now? GA#2 still prohibits a WA police force, which, it can be argued, the International Police Organization is.

OOC
GenSec is not unanimous about interpreting GA#'s reference to "police actions" in its ban on WA involvement in "military conflicts, police actions, or military activities" as meaning "No WA Police'.
I, at least, read that as meaning (in that context) just 'police actions' in the other sense that's been used in RL i.e. [basically] the use of military forces against non-state actors such as guerrillas or bandits...

Anyway, the NS-UN managed to have a resolution establishing an equivalent to Interpol even though in those days 'No WA Police' was actually stated directly in the rules themselves rather than just [arguably] in a resolution.

[Bakhton]

I see a major loophole, now technically I shouldn't be helping because I'm not going to vote in favor of this should it get to the floor, and I'm not getting into that debate. However, you state that all nations should enter the data into the system and that no nation can not complete this action. However, you never give a time frame. So me, being someone who has no interest entering any data into a database can wait years upon years upon years to enter the data so long as the data is entered at some point in time.

"A time frame is a good idea."

"We do not consider criminal records to be publicly available information, and refuse to support a resolution that would open access to such data in other countries. Many countries open criminal records to the public, and attaching our records to a unified database will violate the privacy of our citizens. Frankly, this looks like a preparation to open the doors to an extradition regime, and that just makes me distrust it further."

"What is wrong with an international extradition organization? As well, the identifying and genetic markers along with names are the only things on record to be donated. The ICD is not a public domain thing open to anyone, only upon national request, thus the disruption to privacy would be minimal."

[Araraukar]

"The ICD is not a public domain thing open to anyone, only upon national request, thus the disruption to privacy would be minimal."

Perhaps that should be written into the actual proposal.

[Sierra Lyricalia]

Really now? GA#2 still prohibits a WA police force, which, it can be argued, the International Police Organization is.

(Snip).

OOC: Don't even need to go that far. Interpol is specifically a liason organization and has no powers of arrest. "An Interpol-like organization" should be legal and in fact I had a very marginally similar draft a while back. I won't advertise it in this thread with a link because I'm not a complete asshole; but, Bakhton, if you want the link (& freely given permission to crib), send a TG.

But yeah, I wouldn't see any legality concerns if whatever body ends up emerging from drafting is only advisory/liaison/informational in nature.

[Separatist Peoples]

"What is wrong with an international extradition organization?

"The C.D.S.P. doesn't extradite. The only valid judicial system capable of just result is our own, and we don't trust any others. Besides, when criminals come here, they often sign up for our Foreign Legion, and recruitment numbers are boosted. Or they are repeat offenders and we recruit them into the Foreign Legion anyway."

As well, the identifying and genetic markers along with names are the only things on record to be donated.

"In the C.D.S.P., genetic information is something one has a property interest in, including the right to exclude others from access. In addition, one has a property right associated with one's medical and personal information. Genetic data is the very essence of personal and possibly even medical data."

The ICD is not a public domain thing open to anyone, only upon national request, thus the disruption to privacy would be minimal."

"National request, where the data then goes into a criminal record database that is open to the public. The issue isn't people getting the info from the ICD, its the people getting it from national governments after the national government accesses it."

[Rightport]

This resolution would help us to improve screening and identification of foreign citizens entering our borders but would also violate privacy. For that reason, we will not support this.

[Thyerata]

"What is wrong with an international extradition organization?

"The C.D.S.P. doesn't extradite. The only valid judicial system capable of just result is our own, and we don't trust any others. Besides, when criminals come here, they often sign up for our Foreign Legion, and recruitment numbers are boosted. Or they are repeat offenders and we recruit them into the Foreign Legion anyway."

As well, the identifying and genetic markers along with names are the only things on record to be donated.

"In the C.D.S.P., genetic information is something one has a property interest in, including the right to exclude others from access. In addition, one has a property right associated with one's medical and personal information. Genetic data is the very essence of personal and possibly even medical data."

The ICD is not a public domain thing open to anyone, only upon national request, thus the disruption to privacy would be minimal."

"National request, where the data then goes into a criminal record database that is open to the public. The issue isn't people getting the info from the ICD, its the people getting it from national governments after the national government accesses it."

On the subject of extradition, ambassador, a wanted criminal has fled from Thyerata to the CDSP. A request for extradition, including the arrest warrant, has been issued by the Federal Extradition Justice. We would be grateful for your assistance in this matter. I will say, sir, that it is Federal policy that we do not have diplomatic relations with States that deliberately refuse to work with us on extradition matters. *Matthew hands Ambassador Bell some paperwork for his perusal*

[Araraukar]

On the subject of extradition, ambassador, a wanted criminal has fled from Thyerata to the CDSP.

How did they manage to cross the border?

[Thyerata]

On the subject of extradition, ambassador, a wanted criminal has fled from Thyerata to the CDSP.

How did they manage to cross the border?

We're not entirely sure. We suspect it was clandestinely aboard a passenger flight to the CDSP

[Araraukar]

How did they manage to cross the border?

We're not entirely sure. We suspect it was clandestinely aboard a passenger flight to the CDSP

No, I mean that literally. To my knowledge CDSP borders are closed, and they shoot anyone trying to cross illegally. Though that last part might've been just Ben mouthing off...

[Separatist Peoples]

We're not entirely sure. We suspect it was clandestinely aboard a passenger flight to the CDSP

No, I mean that literally. To my knowledge CDSP borders are closed, and they shoot anyone trying to cross illegally. Though that last part might've been just Ben mouthing off...

"Not 'closed', per se. Just well guarded by the shattered bows and charred remains of those who attempt to enter illegally. We have poor relations with our northerly neighbor and a tenuous one with our easterly neighbor, so there is almost no land travel. That leaves illicit land travel, to which our guards respond with a hail of bullets. Then there's oceanic travel. Occasionally, boatloads of refugees or lost ships clandestine militant operatives attempt to slip in via boat, to which we respond with a hail of naval artillery and aerial gunfire. Which leaves air travel. We don't shoot down identified civilian aircraft, so if there is a fugitive criminal, we let them land. Unless the aircraft lacked permission to enter, in which case we assume it was actually a warplane and respond with a hail of missiles."

Bell clears his throat a bit. "Really, the issue is entering our borders without permission. That's what triggers the, um, trigger-pulling. If you have permission to enter, we have fairly relaxed visa requirements. Its entirely likely that this criminal will walk out of the airport as a free man.

On the subject of extradition, ambassador, a wanted criminal has fled from Thyerata to the CDSP. A request for extradition, including the arrest warrant, has been issued by the Federal Extradition Justice. We would be grateful for your assistance in this matter. I will say, sir, that it is Federal policy that we do not have diplomatic relations with States that deliberately refuse to work with us on extradition matters. *Matthew hands Ambassador Bell some paperwork for his perusal*

"I'll forward your request, but these sorts of requests are granted only when they further C.D.S.P. policy or involve international crimes significant enough to make extradition a comparable necessity. In all likelihood, your man will be watched long enough to see if he's an immediate threat, and then left to live his life. The C.D.S.P. is a nation originally founded by violent criminals, after all."

[United Areas of Conservatives]

"Yeah, well, um, we don't think that breaking some radical law of another nation should go on someone's permanent record. (Stares at card) And we um, er, um, HEY, SECRETARY LADY! WHAT'S THIS WORD? Well, there goes my attempt to look professional. But, I still oppose such a resolution for the reasons listed on this script by Woodunder, I mean uh, myself."

[Araraukar]

"Not 'closed', per se. Just well guarded by the shattered bows and charred remains of those who attempt to enter illegally. We have poor relations with our northerly neighbor and a tenuous one with our easterly neighbor, so there is almost no land travel. That leaves illicit land travel, to which our guards respond with a hail of bullets. Then there's oceanic travel. Occasionally, boatloads of refugees or lost ships clandestine militant operatives attempt to slip in via boat, to which we respond with a hail of naval artillery and aerial gunfire. Which leaves air travel. We don't shoot down identified civilian aircraft, so if there is a fugitive criminal, we let them land. Unless the aircraft lacked permission to enter, in which case we assume it was actually a warplane and respond with a hail of missiles."

OOC: And this is why poked the issue. Do the border guards still carry flamethrowers in case PPU tried something?

[Separatist Peoples]

"Not 'closed', per se. Just well guarded by the shattered bows and charred remains of those who attempt to enter illegally. We have poor relations with our northerly neighbor and a tenuous one with our easterly neighbor, so there is almost no land travel. That leaves illicit land travel, to which our guards respond with a hail of bullets. Then there's oceanic travel. Occasionally, boatloads of refugees or lost ships clandestine militant operatives attempt to slip in via boat, to which we respond with a hail of naval artillery and aerial gunfire. Which leaves air travel. We don't shoot down identified civilian aircraft, so if there is a fugitive criminal, we let them land. Unless the aircraft lacked permission to enter, in which case we assume it was actually a warplane and respond with a hail of missiles."

OOC: And this is why poked the issue. Do the border guards still carry flamethrowers in case PPU tried something?

OOC: I wish. The Bigtopian border is a heavily shelled line in the middle of miles of forest, while the Marche Noiran border is part mountain, part swamp. Basically impossible to keep plants out.

[New Cla]

The people of new cla will fully support this.