The Ice States wrote:I guess this is legal. Although that is about all you have going for this repeal.
thanks!
The Ice States wrote:Tinhampton wrote:Disappointed that the target resolution sets low standards of good faith in these reviews through only requiring the tribunal to consider the suspect's "past trials," their likelihood of guilt, the "relevant charges or conviction" they face, and "any state or public interests" regarding comity,
How is this a "low standard of good faith"?
Article 2a is the only standard that must be followed by tribunals. The main body of Art 2 says the tribunals must act "bona fide" in doing so. Ergo, a low standard of good faith.
Ice wrote:Frustrated that, in requiring the tribunal to consider a defendant's "past trials," GA#666 opens the door for extradition proceedings to use trials in which a defendant was acquitted as evidence against them, coming dangerously close to the near-total ban on double jeopardy imposed by GA#198 "Preventing Multiple Trials" and serving only to unfairly prejudice the finder of fact against the defendant with little probative value,
That is obviously not what the clause does. If someone has been acquitted for the same crime in the past, that is evidence against extradition. Although the very resolution you cite states that retrials (double jeopardy) can only happen under "significant miscarriages of justice". In any other situation, doing this would obviously violate GA #198 (or any replacements thereof in case that it is repeal).
I'll try to explain what W&S said: IRL, the United States does not allow past acquittals to be considered in future trials because they make the acquitted/tried person look bad, making the trial unfair.
Acquittals for Heinous Crime XYZ must be considered by the tribunal in deciding whether to extend comity over XYZ in a certain instance. The tribunal is not actually trying the suspect for XYZ; that will be the job of the court of whichever member state tries them.
Ice wrote:Adamant that the other comity rules of GA#666 are superfluous, because GA#147 "Extradition Rights" allows appeals against extradition between members to be rejected where the suspect has violated WA law (and every "heinous crime" is a violation of WA law), and GA#37 "Fairness in Criminal Trials" ensures that their trial will follow basic standards no matter what member state it takes place in,
This argument makes no sense. The goal of the target is not to make sure that "their trial will follow basic standards no matter what member state it takes place in"; although GA #147 has no requirement that a tribunal (or otherwise a member nation) formally consider whether or not to extradite in all cases involving heinous crimes. It merely restricts extradition. How is facilitating comity superfluous against restrictions on extradition?
I'll accept that comity, and the study of extradition viability, is not incompatible with GA#147. (GA#515 "International Bankruptcy Protocol" is the only other resolution that discusses comity at all, and then it assumes comity means the application of laws rather than a straight try-or-extradite decision.) A reasonable member state would have always reviewed the viability of extraditing of its own accord, and made a decision from that starting point, anyway.
However, if you are being extradited from one member state to another - the only case in which GA#666 calls for comity - then GA#37 ensures the same basic rules apply to trials both in your member state of residence and the member state that laid the charges. If you are extradited, your trial must follow GA#37. If you aren't extradited, your trial must follow GA#37 anyway. Why would extradition be a potentially valuable tool in the cases your target resolution envisages?
Ice wrote:Bemused not only that Article 4 further states that future resolutions may permit "the IEC to carry out additional law enforcement actions," but also that - despite the IEC's pretences to offer "armed defensive support" - GA#666 establishes it as nothing more than a police force that pursues those merely accused of heinous crimes while awaiting trial,
This is an intentional feature of the target. Allowing future resolutions about other law enforcement actions to be considered at vote is far preferable to not one, not two, not three, not four, but five resolutions trying to stop a WA police or military from being even considered. I guess you have the right to disagree, although philosophically I am opposed to this argument in any form.
It is a matter we will continue to disagree on
Ice wrote:Witchcraft and Sorcery wrote:Ice: Ooc: Apologies for not mentioning this earlier, although this has not been submitted yet. How is this true when the Section 3 mandate for extradition (the IEC mandate applies "[w]here a member nation has elected to extend comity via extradition under Section 3") allows for extradition for both "charg[ing] or convict[ing] the individual"?
That... means the clause is still true? Not sure what your point is.
The police force does more than "pursu[ing] those merely accused of heinous crimes while awaiting trial". Am I misreading the repeal argument (specifically the "nothing more" wording)?
Edit 2: When would it be "more than" a police force which pursues charged individuals?
When it's a police force that pursues convicts. Changed.
Ice wrote:Enraged that the IEC's only use-of-force standard is a rule that they use no more force than "necessary to ensure that the individual is safely" extradited, thus making it unclear what they are supposed to do when the suspect merely resists arrest (never mind assaults IEC agents in doing so) or even when they are meant to deploy arms, and
Necessary means that it is a sine qua non. Can the person be safely extradited without IEC armed force? This is an objective standard, not an "unclear" one as alleged here.
If The Ice States' armed police are not ready to safely extradite James McTerrorist back to Tinhampton, they are allowed to detain him and remove him at a future, more appropriate point in time. If they do not feel as though safe extradition is possible, the only other option for comity is to try him in TIS.