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[Draft] International Criminal Protocol

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Tinfect
Senator
 
Posts: 4439
Founded: Jul 04, 2014
Corrupt Dictatorship

Postby Tinfect » Tue Jan 08, 2019 4:24 pm

Kenmoria wrote:“I see a problem in the second and third prohibitory clauses. Namely, you don’t exclude ‘protective Custody’ from the definition of ‘solitary confinement’, so they contradict each other.”


"I must apologize, I rather fail to understand this reading, what, again, is the contradiction?"
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United Massachusetts
Minister
 
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Founded: Jan 17, 2016
Liberal Democratic Socialists

Postby United Massachusetts » Tue Jan 08, 2019 4:27 pm

The use of capital punishment for any crime that did not result in unlawful death, cruel or unusual treatment such as torture or rape, or an exceptional betrayal of national security,


"This wording is not tolerable. We preferred Sierra Lyricalia's:

"...that capital punishment never be administered for any offense not defined as a war crime, crime against humanity, or 'affront to civilization' by World Assembly legislation..."
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Tinfect
Senator
 
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Founded: Jul 04, 2014
Corrupt Dictatorship

Postby Tinfect » Tue Jan 08, 2019 4:28 pm

United Massachusetts wrote:
The use of capital punishment for any crime that did not result in unlawful death, cruel or unusual treatment such as torture or rape, or an exceptional betrayal of national security,


"This wording is not tolerable. We preferred Sierra Lyricalia's:

"...that capital punishment never be administered for any offense not defined as a war crime, crime against humanity, or 'affront to civilization' by World Assembly legislation..."


"Does your government have reasons to prefer the protection of child molesters, Ambassador?"
Last edited by Tinfect on Tue Jan 08, 2019 4:29 pm, edited 1 time in total.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM. This nation does not represent my actual political beliefs.

Imperium Central News Network: Fourth Fleet reports successful engagements against Aeravahn forces in the Exterior Territories | Contact lost with 3rd Legion, presumed destroyed | TCO - Desolate Star destroyed in raid by Aeravahn forces | Military Overseer addresses concerns of Aeravahn Incursion: "No immediate concerns" | Indomitable Bastard #283

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United Massachusetts
Minister
 
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Founded: Jan 17, 2016
Liberal Democratic Socialists

Postby United Massachusetts » Tue Jan 08, 2019 6:46 pm

Tinfect wrote:
United Massachusetts wrote:
"This wording is not tolerable. We preferred Sierra Lyricalia's:

"...that capital punishment never be administered for any offense not defined as a war crime, crime against humanity, or 'affront to civilization' by World Assembly legislation..."


"Does your government have reasons to prefer the protection of child molesters, Ambassador?"

"Life in prison is protection now? Interesting development."
United Massachusetts
World Assembly Mission

Pro-Life Social Democratic Catholic
Ambassador: Bishop Alexander Pierce

WA Affairs Minister, The East Pacific
Assistant: Father Carl Sullivan

Fmr. President, Right to Life
Queen Yuno wrote:You have a very contradictory rep yourself, [UM].
Sanctaria wrote:We get it. You're pro-life.
Davelands wrote:(UM tries to slip another one by)
Wallenburg wrote:You've got to be the most ignorant person on this Discord.
Davelands wrote:Remember that United Mass is extremely on the religious right side. Look for hidden gotcha's for later. He is playing a long game with proposals...
"Stat crux dum volvitur orbis"
"The Cross is steady while the world is turning"


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Kenmoria
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Founded: Jul 03, 2017
Corporate Bordello

Postby Kenmoria » Wed Jan 09, 2019 12:28 am

Tinfect wrote:
Kenmoria wrote:“I see a problem in the second and third prohibitory clauses. Namely, you don’t exclude ‘protective Custody’ from the definition of ‘solitary confinement’, so they contradict each other.”


"I must apologize, I rather fail to understand this reading, what, again, is the contradiction?"
“When you define ‘solitary confinement’, you don’t exclude from it the definition of ‘protective custody’. Thus making protective custody a subset of solitary confinement. The prohibition in clause 1 clearly bans all forms of solitary confinement, logically including that which the WA has deemed protective, whereas the prohibition in causes 3 allows one form of solitary confinement - that which is of a protective nature - with informed consent. This seems to me to be internal contradiction.”

(OOC: Did that make sense? I recognise that was quite a meandering paragraph and, to avoid taking up the thread, I’ll TG you if there’s still confusion.)
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Araraukar
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Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Wed Jan 09, 2019 10:20 am

United Massachusetts wrote:
Tinfect wrote:"Does your government have reasons to prefer the protection of child molesters, Ambassador?"

"Life in prison is protection now? Interesting development."

The Araraukarian seat is currently occupied by a young woman, who might as well have "intern" tattooed on her forehead. "For anyone that the general public would want dead, yes, prison is a protective environment. You being one of the people wanting to ban death penalty should be aware of how such a ban will not appease many people''s sense of justice, when it comes to extremely heinous crimes, such as kidnapping, raping and murdering a child. You being one of the people wanting to ban the lawful execution of such criminals means that you must want to protect them, even from lawful government actions."
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Nateboussad
Political Columnist
 
Posts: 2
Founded: Jan 11, 2019
Inoffensive Centrist Democracy

Postby Nateboussad » Fri Jan 11, 2019 11:13 am

The general concept of judicial or prosecutorial independence is often cited as a justification to minimize the need for oversight of the International Criminal Court (“ICC” or “Court”).1 However, keeping an international court accountable is necessary in order to maximize the performance, productivity, and efficiency of the court. To achieve this objective, effective oversight of an international body such as the ICC requires the performance of four primary functions: 1) financial and budgetary supervision, 2) administrative management, 3) oversight of misconduct of elected officials, staff members, and contractors, and 4) recommendations to the Assembly of States Parties (“ASP”) for improvements to the Court. This paper will lay out the need for each of these functions for the ICC and then discuss whether and to what extent the Independent Oversight Mechanism (“IOM”) established by the ASP is needed to facilitate and perform these functions.




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Last edited by Nateboussad on Wed Jan 16, 2019 10:45 am, edited 1 time in total.

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Sierra Lyricalia
GA Secretariat
 
Posts: 3033
Founded: Nov 29, 2008
Civil Rights Lovefest

Postby Sierra Lyricalia » Fri Jan 11, 2019 11:27 am

Nateboussad wrote:The general concept of judicial or prosecutorial independence is often cited as a justification to minimize the need for oversight of the International Criminal Court (“ICC” or “Court”).1 However, keeping an international court accountable is necessary in order to maximize the performance, productivity, and efficiency of the court. To achieve this objective, effective oversight of an international body such as the ICC requires the performance of four primary functions: 1) financial and budgetary supervision, 2) administrative management, 3) oversight of misconduct of elected officials, staff members, and contractors, and 4) recommendations to the Assembly of States Parties (“ASP”) for improvements to the Court. This paper will lay out the need for each of these functions for the ICC and then discuss whether and to what extent the Independent Oversight Mechanism (“IOM”) established by the ASP is needed to facilitate and perform these functions.


OOC: Welcome to the World Assembly! One of the underlying assumptions of the game is that WA committees are overseen sufficiently by the World Assembly itself that these concerns are moot - otherwise every author would have to spend valuable real estate out of the constant and rigid 5,000 character limit trying to police misconduct, which would quickly become tiresome. It can be safely assumed that members of the Court who do not adequately fulfill their obligations, in whatever way, will be quickly drummed out of their positions, and compensation rendered if necessary, without having to articulate it in the creating resolution.
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Bears Armed
GA Secretariat
 
Posts: 17445
Founded: Jun 01, 2006
Civil Rights Lovefest

Postby Bears Armed » Sat Jan 12, 2019 8:16 am

Sierra Lyricalia wrote:OOC: Welcome to the World Assembly! One of the underlying assumptions of the game is that WA committees are overseen sufficiently by the World Assembly itself that these concerns are moot - otherwise every author would have to spend valuable real estate out of the constant and rigid 5,000 character limit trying to police misconduct, which would quickly become tiresome.

OOC
Especially as they would have to do so without using any previous resolution's author's wording on the matter, unless they could obtain that earlier author's consent, due to the way that the rule against Plagiarism works here...
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Blueflarst
Spokesperson
 
Posts: 119
Founded: Aug 25, 2016
Iron Fist Consumerists

Postby Blueflarst » Mon Jan 14, 2019 4:09 am

Tinfect wrote:
International Criminal Protocol

Category: Civil Rights || Strength: Strong


Origin: Imperium of Tinfect,
Author: Raslin Seretis, Imperial Diplomatic Envoy

Imperial Division of Foreign Policy and Diplomatic Action
Counsel: Tolarn Feren, Civil Oversight Representative

Counsel: Jasot Rehlan, Military Oversight Representative



The World Assembly,

Annoyed by the insistence regarding passing yet another pointless non-compromise that will merely facilitate legal abuses and result in infinitely worse legislation being passed,

Acknowledging prior attempts to ensure that the criminal justice systems of Member-States operate in a just and ethical manner,

Dismayed by their failure to adequately provide protections from legal abuse and to provide closure and restitution to victims,

Seeking to immediately prevent any further abuses of criminal justice systems,

Hereby;

Defines:
  1. Capital punishment as the execution of a criminal convicted of a crime as sentence for said crime,
  2. Solitary confinement as the complete or severe isolation of prisoners from contact with other inmates and/or prison staff,
  3. Protective confinement as the severe isolation of prisoners from contact with other inmates due to clear and present danger(s) to their life in the general prison population,
  4. Inhumane conditions as the refusal or withholding of necessary and healthy sustenance, medically or mentally necessary healthcare, severely confined or crowded conditions, or conditions inferior to those mandated for prisoners of war,

Prohibits:
  1. In all cases, the practice of solitary confinement,
  2. The holding of any prisoners in inhumane conditions,
  3. The holding of any prisoner in protective confinement without the informed consent of the prisoner,
  4. The use of capital punishment for any crime that did not result in unlawful death, cruel or unusual treatment such as torture or rape, or an exceptional betrayal of national security,

Mandates:
  1. That Member-States provide to prisoners accessible legal recourse for the investigation of any undue violence or abuse by prison staff,
  2. That Member-States provide to prisoners accessible legal counsel and support for any prisoner sentenced to Capital Punishment, including access to appeals and stays of execution,
  3. The use of the highest reasonable standards of evidence be used when considering the use of capital punishment,
  4. That all executions be held at a reasonable date past sentencing, to be no shorter than a period of thirty days, alongside any processing time for legal requests or inquiries,
  5. That protective solitary confinement be be utilized only when there exists a clear and present danger to holding the prisoner within the general prison area,
  6. That prisoners subject to protective confinement be allowed regular contact with psychiatric staff and access to visitation as regularly allowed to prisoners,
  7. That, once a prisoner has been subjected to protective confinement, all practical measures must be taken to allow their safe return to general prison populations as soon as possible,


"Yes, yes, the Imperium is well-aware that Preventing the Execution of Innocents still stands; consider this a... gesture of good faith."

OOC:
Let's not pretend this is anything else but a replacement for Preventing the Execution of Innocents. My repeal for said resolution may be found here. I'm out of practice at this, so if it's an abomination... just, like, tell me why.

I do have a request though; if anyone can think of a way to prevent executions for minor crimes, that'd be great, because the only idea I've got is to explicitly restrict Execution to a handful of crimes, and, quite frankly, I do not believe that I could write that list alone. So, if you have a better way, or, a list, that'd great.

1. Added a limited exception for protective confinement, and various requirements regarding it.
2. Added Sierra Lyricalia's first suggestion, and substantially cleaned up the draft.

The guilty assasins sexual attackers and serial killers will not have right and your proposition is unfair and not moral, the proven guilty of murderingor serial killing should not have any rights, they should be kept of in solitary confinement the rest of his life with fair cruelty. A person which kills an innocent without a reason or for pleasure should not have any right death is to much good for them they deserve solitary confinement and suffer all the damage they caused

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Tinfect
Senator
 
Posts: 4439
Founded: Jul 04, 2014
Corrupt Dictatorship

Postby Tinfect » Tue Jan 15, 2019 10:57 am

OOC:
Right, moving on from that incoherent rant, let's get back to work, people.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM. This nation does not represent my actual political beliefs.

Imperium Central News Network: Fourth Fleet reports successful engagements against Aeravahn forces in the Exterior Territories | Contact lost with 3rd Legion, presumed destroyed | TCO - Desolate Star destroyed in raid by Aeravahn forces | Military Overseer addresses concerns of Aeravahn Incursion: "No immediate concerns" | Indomitable Bastard #283

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Falcania
Diplomat
 
Posts: 793
Founded: Sep 25, 2004
Anarchy

Postby Falcania » Tue Jan 15, 2019 11:05 am

Is there a specific reason that capital punishment is considered more humane than solitary confinement?
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The Black Party
Diplomat
 
Posts: 719
Founded: Oct 31, 2017
Psychotic Dictatorship

Postby The Black Party » Tue Jan 15, 2019 11:07 am

hippity hoppity abolish sovereignty
Last edited by The Black Party on Tue Jan 15, 2019 11:09 am, edited 1 time in total.
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Araraukar
Postmaster-General
 
Posts: 12048
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Tue Jan 15, 2019 11:11 am

IC: The young woman with the air of an intern about her, speaks up, reading from a barely legible handwritten note: "We cannot endorse the proposal as long as the ridiculous requirement of needing consent from a prisoner to place them under protective confinement. If a prisoner whom the vast majority of prison population wants dead, wishes to commit suicide, they should not be allowed to make another inmate into a murderer, but should seek euthanasia via legal channels. The Grand Nation of Araraukar does not withhold euthanasia from prisoners, but cannot allow someone's personal morals, while not allowing suicide, to encourage another person to unlawfully kill them. Further, the complete ban on solitary confinement unfairly restricts punitive measures, or the ability to put an unruly prisoner into "cooldown", before letting them back among the other inmates." She then checks the backside of the note and adds, "Oh and the second mandate of being required to let prisoners keep appealing the death sentence seems to allow that process to continue ad infinitum, which is just stupid. Also, why multiple appeals and stays?"

OOC: Point being, "suicide by fellow inmate" shouldn't be allowed just because someone's morals or personal opinions are opposed to legal and painless euthanasia.

Falcania wrote:Is there a specific reason that capital punishment is considered more humane than solitary confinement?

OOC: Most nations can be expected to have a population of social species, like humans. Complete isolation - the way it's defined in the proposal - from others is mental torture to most individuals of social species. Capital punishment ends any capacity for an individual to suffer afterwards.
Last edited by Araraukar on Tue Jan 15, 2019 11:15 am, edited 1 time in total.
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Nintendo Switch Parental Controls
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Posts: 14
Founded: Feb 02, 2018
Iron Fist Consumerists

Postby Nintendo Switch Parental Controls » Wed Jan 16, 2019 8:03 am

Heads of WA member nations should be able to have the freedom of criminal protocol.

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Falcania
Diplomat
 
Posts: 793
Founded: Sep 25, 2004
Anarchy

Postby Falcania » Wed Jan 16, 2019 10:58 am

Araraukar wrote:
Falcania wrote:Is there a specific reason that capital punishment is considered more humane than solitary confinement?

OOC: Most nations can be expected to have a population of social species, like humans. Complete isolation - the way it's defined in the proposal - from others is mental torture to most individuals of social species. Capital punishment ends any capacity for an individual to suffer afterwards.


OOC: I know that in real life, obviously, I just want to have an argument on the point in character
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World Assembly: Ser Jeine Wilhelmsen on behalf of Queen Falcon IV, representing the Free Kingdom and the ancient and great region of Atlantian Oceania

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