Provisional Rule in Wartime
International Security | Significant
Believing this Assembly’s past efforts to reduce unnecessary hardship and harm in military engagements are integral to maintaining the Assembly’s humanitarian mission;
Accepting that military occupation of civilian territory is often necessary to pacify the region following armed conflict;
Justly affirming that nations can balance effectively administering captured territory and the proper stewardship and protection of the inhabitants;
Outraged by military forces that treat occupied territory and peoples as an opportunity for plunder rather than hold the territory and its resources in trust for the territory’s inhabitants; and
Rejecting military success and profiteering as the ultimate goals of an occupation;
The World Assembly establishes the following:
- A ‘military occupation’ is the effective and provisional control and administration of a territory by a military power not sovereign to the territory that it controls.
- 'Military efforts’ are those actions or goals, exclusive of administration or policing, taken by military forces to coordinate operational or strategic advantages in armed conflict.
- Member state occupying forces may:
- Create and enforce regulations to establish effective control over the occupied territory, provided they do not violate or frustrate extant World Assembly law;
- Levy reasonable, non-punitive taxes to defray the non-military costs of territory administration, except that such taxes may not fund compensation for occupying forces;
- Compel limited emergency civilian service, provided:
- All compelled workers are over the occupied territory’s age of majority;
- Occupying forces limit service to those efforts necessary to restore or improve the quality of life for civilians in the occupied territory;
- The service does not, in character or purpose, further military efforts; and
- The service accords with extant World Assembly labor law and pays a fair wage for the services rendered.
- Utilize natural and community resources to the benefit of the occupied territory, provided those resources:
- Are not appropriated for domestic use by the occupying force; and
- Do not further military efforts.
- Recruit volunteers for military service from within the occupied territory; and
- Employ captured public infrastructure, such as communication systems, roads, docks, or power grids, in occupied territories for military efforts.
- Member state occupying forces must:
- Immediately confer upon occupied civilian populations of nonmember states the same rights and protections of extant World Assembly law applicable to non-citizen inhabitants of the occupying nation;
- Establish or restore an impartial adjudicative authority to resolve civil and criminal disputes within the occupied territory;
- Establish or restore essential civilian infrastructure in a timely and effective manner;
- Restore and enforce public order and safety while respecting the laws of the occupied land, to the extent that it does not frustrate World Assembly law.
- Narrowly tailor any restriction of individual freedoms; and
- Peacefully transition territorial authority to a sovereign government at the conclusion of hostilities or at such time as a durable and stable peace is forged.
- The International Humanitarian Aid Coordination Committee will:
- Liaise with both military and civilian authorities within an occupied territory;
- Independently inspect occupying operations;
- Provide guidance, technical expertise, and aid for occupied civilian populations; and
- Report violations directly to the World Assembly Compliance Commission.
- Member states must consider any serious or systematic breach of § 4, either intentionally, through gross negligence, or nonfeasance, a war crime and prosecute violators accordingly.
- Member states need not treat isolated and de minimis violations as war crimes, provided they are reasonably redressed and do not continue.
- Detonates all nuclear warheads simultaneously.
OOC: In the interest of streamlining debate, I’m trying something new. Often, people dissect proposals line by line. This approach is very useful when finding problems with the regulation, but sometimes makes arguing the underlying policy difficult. So, I’ve decided to separate the two for the purposes of debate. I’ve spoilered a short list of policies implicit in this draft. They are the general goals that the text of my proposal seeks to execute.
If you’ve an issue with the central ideas behind the proposal, refer to the policies. If you’ve an issue with the regulation, refer to the proposal. If you believe that the proposal doesn’t accomplish the policy goal, refer to both of them.