[PASSED] Command Responsibility

[Separatist Peoples]

"Then don't put your troops into positions that they think are probably war crimes."

A soldier could simply say they think it is a war crime, even if it's obviously not. A soldier could be ordered to do drills but refuses because they say "that might be a war crime." Would you allow your soldiers to do that? Of course not. No nation would. This resolution, as written, opens the door to abuse and disorder.

No member state may penalize subordinates who refuse, in good faith, to obey an order of uncertain legality under World Assembly law regulating conduct during armed conflict, even if the order is legal in hindsight.

"The proposal makes it illegal to penalize a subordinate who refuses an uncertainly legal order in good faith. You have not described a good-faith situation. Try again, ambassador."

[Falcania]

"Then don't put your troops into positions that they think are probably war crimes."

A soldier could simply say they think it is a war crime, even if it's obviously not. A soldier could be ordered to do drills but refuses because they say "that might be a war crime." Would you allow your soldiers to do that? Of course not. No nation would. This resolution, as written, opens the door to abuse and disorder.

It sounds like you have deeper systemic discipline issues in your military tradition. This legislation is going to be the least of your worries.

[The Sect Meces]

"We support this proposal."

[Fecaw]

29.798-17022019

Chief Senater Jura Ranero opened the session at 15:36. 36 Senaters, Deputy Jorel Loynnd and Deputy Teoby Vise were present
Deputy Teoby Vise: Dear Colleagues, the Confederate Dominion of Separatist Peoples has proposed a resolution to the General Assembly title “Command Responsibility”. The resolution is currently at vote, which will finish within one day.
Chief Senater Jura Ranero: As much time as required has been assigned to this debate, which shall be followed by a binding vote.
Deputy Teoby Vise: I propose the following resolution, which may be amended so that I will cast my vote against.

29.798- General Assembly “Command Responsibility”
1. The World Assembly Department shall, in accordance with World Assembly law and rules, cast a vote in favour the General Assembly proposal “Command Responsibility”, proposed by the Confederate Dominion of Separatist Peoples

Senater Shoth Pat: Delegates, I am sure that we can all agree that the World Assembly laws relating to war are something that our Kingdom, and its military leaders both agree with and have already agreed to comply with, simply out of common sense and human decency. It is because of this that I see no issue with this resolution and urge you to vote in favour.
Aleld Grelan: I assume that this resolution is in accordance with the general and unspoken rules and traditions of armed warfare. I stand against this resolution because the "I was following orders" defence either doesn't exist, or is severely restricted. I therefore do not understand why the second article is not redundant.
Senater Shoth Pat: Could I please correct my colleague. In fact, the defence would be applicable and appropriate for the World Assembly; at least some nations will consider it a defense. Of course, no clause of this proposal bans it as a defense.
Senater Alan Adara: I have a strong feeling that Fecawn soldiers and workers in the Royal Guard will have no need for this resolution. While war crimes are, indeed, abhorrent, I cannot ever envisage that Fecawn soldiers will end up in the situation where they commit war crimes, and, if so, will we ever need the World Assembly to create laws to punish them?
Deputy Jorel Loynnd: Mr Adara, please understand. The World Assembly is not a body for Fecaw alone. Are you trying to deny that any country in the world has never committed a war crime and will never require this resolution. I want you to understand that, after 20 years of service in the Royal Guard, I know more about the character of our military than any other of us and, while it may be honorable now, it is so easy for crimes against international law to be committed by its soldiers and for apathy and expedience to result in covering-up of these offenses. I think that Fecaw, and the people of the world, are safer with this resolution and I hope that you will agree.
Senater Janet Dice: May I also remind my colleagues of the general policy of the World Assembly Department, which is that resolutions that do no harm, which do not have any capability of unjustly damaging Fecaw or the nations of the world, or in fact any injustice, should be supported, and that only harmful resolutions should be voted against. I believe that none of my colleagues find this resolution at all harmful or unjust and therefore I see no reason for us to vote against.
Deputy Teoby Vise: I can indeed confirm that what you described is the official, in fact constitutional, policy of the World Assembly Department.
Chief Senater Jura Ranero: I take it that no others have comments to make. The motion is put to vote. Voting is open.
37 Senaters Voted
Chief Senater Jura Ranero: The motion is passed by 33 votes against 4 votes. There is no other scheduled business, other than the removal of Senaters whose terms have finished on the 22nd of March.
The Chief Senater closed the session.

OOC: I support.

[Borovan3]

Command Responsibility was passed 13,019 votes to 3,121.