[PASSED] Repeal: "Military Identification Tag Act"

[Morover]

"While the soon-to-be-resolution would not negatively affect Morover due to our distinct lack of armed forces, we still feel that it would be detrimental to a number of other nations - particularly those fighting against non-member-state belligerents."

General Assembly Resolution #490 “Military Identification Tag Act” (Category: International Security; Strength: Mild) shall be struck out and rendered null and void.

The World Assembly,

Admiring the goal of GAR#490, Military Identification Tag Act, in trying to reunite lost soldiers with their families and to reduce the number of unknown soldiers,

Noting, however, that information such as that required by the resolution can be detrimental to member nations soldiers if it falls into the hands of an enemy belligerent,

Worried that some member nations which may add potentially compromising information such as religion to military identification tags in an attempt to ensure the proper burial of deceased soldiers when in conflict with good-faith and generally benevolent actors will not have the resources or general competence to redistribute the military identification tags to each soldier, should they come into conflict with more nefarious belligerents who may use this compromising information in order to employ somewhat creative forms of torture - a condition that ultimately detracts from the basic rights that the General Assembly attempts to uphold,

Dismaying that, as a result of section 7, combatants taken as prisoners of war cannot destroy their military identification tags to protect themselves from the creative forms of torture that may arise from these tags without violating international law, hindering the ability for soldiers to take their livelihood under their own discretion,

Considering the fact that section 8 lacks proper protocols for when a military identification tag is considered decommissioned, which, depending on interpretation, may disallow the repurposing of military identification tags by any entity,

Disheartened that section 8 neglects to allow the families or friends of fallen soldiers to repurpose former tags to whatever they see fit for closure - neglecting the impact that the loss of a loved one to war and the need to lessen that impact through a variety of channels, and

Believing that these issues only go to show that no one-size-fits-all legislation can cover the issue of military identification tags for all nations adequately, hereby

Repeals GAR#490, "Military Identification Tag Act."

OOC: I see that Stellonia has another draft for repeal up, but I wrote this before I saw it and waited on comments from somebody, so I'm a little behind the game. That being said, however, I don't feel that Stellonia's repeal adequately addresses the problems with the soon-to-be-resolution, so I've decided to proceed with this nonetheless.

This will be submitted in about a week and a half, exact date TBD.

[Kenmoria]

“As for the other draft, this has my support. I would add to the ‘dismaying’ clause or elsewhere the fact that WA member nation soldiers may be fighting non-members, who are under no obligation not to use torture.”

[Morover]

“As for the other draft, this has my support. I would add to the ‘dismaying’ clause or elsewhere the fact that WA member nation soldiers may be fighting non-members, who are under no obligation not to use torture.”

"I worry that, with the inclusion of that in the 'Noting' clause, it would become repetitive."

"Actually, come to think of it, if I included it in the 'Worried' clause, it would be essentially the same effect as if I included it in both of the surrounding clauses, so I'll just move it."

General Assembly Resolution #490 “Military Identification Tag Act” (Category: International Security; Strength: Mild) shall be struck out and rendered null and void.

The World Assembly,

Admiring the goal of GAR#490, Military Identification Tag Act, in trying to reunite lost soldiers with their families and to reduce the number of unknown soldiers,

Noting, however, that information such as that required by the resolution can be detrimental if it falls into the hands of an enemy belligerent, especially those who are not in the World Assembly,

Worried that, due to clause three, member-nations may add compromising information such as religion in an effort to ensure proper burial of fallen soldiers, that will make creative forms of torture or disgraceful burial possible if discovered by hostile or intolerant nations,

Dismaying the fact that combatants taken as prisoners-of-war cannot destroy their military identification tags to protect themselves from the creative forms of torture that may arise from these tags without violating international law,

Considering the fact that clause eight lacks proper protocols for when a military identification tag is considered decommissioned,

Disheartened by the fact that clause eight further forbids the families and friends of fallen or otherwise retired soldiers from repurposing former tags to whatever they see fit for closure,

And believing that these issues only go to show that no one-size-fits-all legislation can cover the issue of military identification tags for all nations adequately,

Hereby repeals GAR#490, "Military Identification Tag Act."

[American Pere Housh]

"I knew this would probably happen. Why Mr. Ambassador do you want this legislation repealed?"

[Morover]

"I knew this would probably happen. Why Mr. Ambassador do you want this legislation repealed?"

"I suggest you read the proposal."

[American Pere Housh]

"I knew this would probably happen. Why Mr. Ambassador do you want this legislation repealed?"

"I suggest you read the proposal."

"Ok, How are you going to get this pass the WA when the legislation you want repealed was pass by an overwhelming majority?"

[Morover]

"I suggest you read the proposal."

"Ok, How are you going to get this pass the WA when the legislation you want repealed was pass by an overwhelming majority?"

"Margin of passage does not adequately represent chance of repeal - quality does."

[American Pere Housh]

"Ok, How are you going to get this pass the WA when the legislation you want repealed was pass by an overwhelming majority?"

"Margin of passage does not adequately represent chance of repeal - quality does."

"Well we will see how this plays out."

[Picairn]

"The arguments are very convincing, Ambassador. Picairn would not like its soldiers to be tortured with... creative solutions either. But have you created a replacement?"

[Agualia]

Noting, however, that information such as that required by the resolution can be detrimental if it falls into the hands of an enemy belligerent

Agualia would like to thank Morover for making this essential resolution to repeal what would be a dangerous resolution for all soldiers including the soldiers of the great nation of Agualia. However, I would like to know, if ever this does pass and the resolution gets repealed; will you work with Alba and Cymru to bring back the resolution but with a well-needed clause stating a solution to the problem stated in the quote above?

[Kenmoria]

"The arguments are very convincing, Ambassador. Picairn would not like its soldiers to be tortured with... creative solutions either. But have you created a replacement?"

Noting, however, that information such as that required by the resolution can be detrimental if it falls into the hands of an enemy belligerent

Agualia would like to thank Morover for making this essential resolution to repeal what would be a dangerous resolution for all soldiers including the soldiers of the great nation of Agualia. However, I would like to know, if ever this does pass and the resolution gets repealed; will you work with Alba and Cymru to bring back the resolution but with a well-needed clause stating a solution to the problem stated in the quote above?

(OOC: The following clause from Morover’s proposal addresses your concerns.

And believing that these issues only go to show that no one-size-fits-all legislation can cover the issue of military identification tags for all nations adequately,

This is a sensible call, as military tags are not, in my opinion, an issue that necessarily needs to be handled by the World Assembly. National governments could do so far more effectively.)

[Morover]

OOC:

Kenmoria is correct. Should a replacement be drafted, I will give feedback to it - and I may even lend support if I feel it manages to achieve one-size-fits-all legislation adequately. I simply feel that such legislation cannot be made sufficiently inclusive to all WA Nations.

[Barfleur]

"Barfleur supports this repeal effort. As noble as the proposal is, the delegation from Morover has pointed out several flaws that could very easily lead to the torture or execution of combatants, deliberate acts of disrespect towards the dead, and a lack of closure for grieving families. We will vote to repeal and not to replace."

[Morover]

OOC:

Barring further feedback, I'm going to try and submit this June 2.

[Morover]

OOC: This is still planned to be submitted in two majors from now (in approximately 35 hours)

[Sancta Romana Ecclesia]

While it's technically true that the combatants cannot destroy their own id tags, if doing so is necessary for their safety, it should be noted that a private individual will suffer no sanction for breaking WA law in that regard. There is none given, therefore the penalties for noncompliance will only be applied to the member states. To an individual this clause is lex imperfecta, i.e. it is not backed by any meanigful sanction. I don't believe one bit that the soldiers would religiously follow WA law, even when no sanction threatened them for breaking it and actually obeying said law would be a suicide.

Therefore I do not think that the repeal has a satisfying argument on that point. I haven't looked on others though.

[Kenmoria]

While it's technically true that the combatants cannot destroy their own id tags, if doing so is necessary for their safety, it should be noted that a private individual will suffer no sanction for breaking WA law in that regard. There is none given, therefore the penalties for noncompliance will only be applied to the member states. To an individual this clause is lex imperfecta, i.e. it is not backed by any meanigful sanction. I don't believe one bit that the soldiers would religiously follow WA law, even when no sanction threatened them for breaking it and actually obeying said law would be a suicide.

Therefore I do not think that the repeal has a satisfying argument on that point. I haven't looked on others though.

(OOC: Combatants would suffer no penalties from destroying their own ID tags, but member states would face fines if combatants were allowed to destroy their own ID tags. Plausible deniability would only extend so far if multiple soldiers were caught doing so.)

[Morover]

While it's technically true that the combatants cannot destroy their own id tags, if doing so is necessary for their safety, it should be noted that a private individual will suffer no sanction for breaking WA law in that regard. There is none given, therefore the penalties for noncompliance will only be applied to the member states. To an individual this clause is lex imperfecta, i.e. it is not backed by any meanigful sanction. I don't believe one bit that the soldiers would religiously follow WA law, even when no sanction threatened them for breaking it and actually obeying said law would be a suicide.

Therefore I do not think that the repeal has a satisfying argument on that point. I haven't looked on others though.

"The proposed repeal does not say that the individual would suffer a sanction - it says that they would be in violation of international law, which is entirely true. Additionally, I can easily see member-states delegating the fines imposed upon them for their soldiers' destruction of their military identification tag towards the individual that committed the destruction itself, though it's not included in the text of the repeal because it would vary from state to state."

[Astrobolt]

Disheartened by the fact that clause eight further forbids the families and friends of fallen or otherwise retired soldiers from repurposing former tags to whatever they see fit for closure,

"How is this the case? Clause 8 allows for the re-purposing of "the materials in military identification tags." Note that the re-purposing of tags themselves would also count as re-purposing the materials within tags (as the tags now serve a different purpose)."

[Morover]

Disheartened by the fact that clause eight further forbids the families and friends of fallen or otherwise retired soldiers from repurposing former tags to whatever they see fit for closure,

"How is this the case? Clause 8 allows for the re-purposing of "the materials in military identification tags." Note that the re-purposing of tags themselves would also count as re-purposing the materials within tags (as the tags now serve a different purpose)."

“Is allows member nations to do so but makes no such exception for the families or friends of the former soldiers.”

[WA Kitty Kops]

A dark grey kitten dozing on a desk cracked open one eye and then stretched thoroughly. "You's left out how the soldierrrs don't needs to be even wearing the thingsies," it remarked, "'cause it's not displaceded if it's just not carrrried but is left at home."

[American Pere Housh]

A dark grey kitten dozing on a desk cracked open one eye and then stretched thoroughly. "You's left out how the soldierrrs don't needs to be even wearing the thingsies," it remarked, "'cause it's not displaceded if it's just not carrrried but is left at home."

Jonathan stares at the kitten with a shocked look, "Who let the cat in here?"

[Mornicoder]

"While the soon-to-be-resolution would not negatively affect Morover due to our distinct lack of armed forces, we still feel that it would be detrimental to a number of other nations - particularly those fighting against non-member-state belligerents."

General Assembly Resolution #490 “Military Identification Tag Act” (Category: International Security; Strength: Mild) shall be struck out and rendered null and void.

The World Assembly,

Admiring the goal of GAR#490, Military Identification Tag Act, in trying to reunite lost soldiers with their families and to reduce the number of unknown soldiers,

Noting, however, that information such as that required by the resolution can be detrimental if it falls into the hands of an enemy belligerent,

Worried that, due to clause three, member-nations may add compromising information such as religion in an effort to ensure proper burial of fallen soldiers, that will make creative forms of torture or disgraceful burial possible if discovered by hostile or intolerant nations, especially if those nations are not members of the World Assembly,

Dismaying the fact that combatants taken as prisoners-of-war cannot destroy their military identification tags to protect themselves from the creative forms of torture that may arise from these tags without violating international law,

Considering the fact that clause eight lacks proper protocols for when a military identification tag is considered decommissioned,

Disheartened by the fact that clause eight further forbids the families and friends of fallen or otherwise retired soldiers from repurposing former tags to whatever they see fit for closure,

And believing that these issues only go to show that no one-size-fits-all legislation can cover the issue of military identification tags for all nations adequately,

Hereby repeals GAR#490, "Military Identification Tag Act."

OOC: I see that Stellonia has another draft for repeal up, but I wrote this before I saw it and waited on comments from somebody, so I'm a little behind the game. That being said, however, I don't feel that Stellonia's repeal adequately addresses the problems with the soon-to-be-resolution, so I've decided to proceed with this nonetheless.

This will be submitted in about a week and a half, exact date TBD.

Mornicoder shall vote 'For' for this repeal of the resolution.

[Morover]

This has been submitted.

[Picairn]

This has been submitted.

"Best of luck to you, Ambassador!"