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[DRAFT] A Ban on Sexual Violence in War

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Krioval
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Founded: Jan 24, 2005
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Postby Krioval » Mon Jul 19, 2010 1:48 pm

Charlotte Ryberg wrote:I think these two legislation may have already covered this hand in hand. In my opinion I think they should suffice for now.


I thank you, Ms. Harper, for demonstrating good sense and judgment on this issue, and recognizing that essential protections are already guaranteed by this assembly.

Aleksei-kan Volkov
Imperial Chiefdom of Krioval

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Glen-Rhodes
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Postby Glen-Rhodes » Mon Jul 19, 2010 3:07 pm

Charlotte Ryberg wrote:I think these two legislation may have already covered this hand in hand. In my opinion I think they should suffice for now.

Except for the fact that they clearly don't.

- Dr. B. Castro

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Krioval
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Postby Krioval » Mon Jul 19, 2010 3:26 pm

Quadrimmina wrote:Your quote from PoT is correct, but it's only for "intimidation, coercion, personal punishment or interrogation". As in, not for personal gratification.


Uh...if you don't think that rapists rape people, usually women, for one of "intimidation, coercion, personal punishment or interrogation", then what in the seven hells is wrong with you? Ask the victim if he or she feels "intimidated", "coerced", or "punished" during the course of a brutal sexual assault. Good Gods, that this isn't a logical conclusion with you is personally shocking.

PoW accords may do that, but that typically refers to a group being detained in a camp (internment camp). This is as opposed to, say, the My Lai incident IRL. Or, if you want me to elaborate, say Quadrimmina invades a neighboring village. While gathering the citizens, a soldier takes one and rapes her. What is stopping this from happnening? Not PoT...this isnt done for "intimidation, coercion, personal punishment or interrogation", and not PoW. Think before you call someone an idiot, and maybe you too, sir, will look more like a delegate and less like an acerbic jerk.


Uh, yeah, it *is* done for those reasons. Clearly you have no concept of the crime that you purport to combat. And even the Prisoners of War Accord easily applies, as an occupying force can be considered to possess the occupied territory under its government's auspices, making native civilians classified as "internees" if detained, and otherwise untouchable under that statute. Again your blind ambition prevents you from seeing the obvious mistakes in reasoning that you have made repeatedly.

As for "acerbic jerk"? I'm not the one saying that rapists don't inflict severe trauma on their victims.

Aleksei-kan Volkov
Imperial Chiefdom of Krioval

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Glen-Rhodes
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Postby Glen-Rhodes » Mon Jul 19, 2010 5:05 pm

Krioval wrote:And even the Prisoners of War Accord easily applies, as an occupying force can be considered to possess the occupied territory under its government's auspices, making native civilians classified as "internees" if detained, and otherwise untouchable under that statute. Again your blind ambition prevents you from seeing the obvious mistakes in reasoning that you have made repeatedly.

I don't think we should be assuming that if a nation invades another nation, they are taking land. That is more often than not untrue. I also don't think we should rely on the offbeat interpretation of a statute, and not simply cement the law into place. However, even though the Prisoners of War Accord decidedly does not protect stop-and-go rape by soldiers, the World Assembly has indeed outlawed rape, regardless of where it takes place. I did not see it before, because I was looking for resolutions about war, rather than resolutions about sex. Somebody should really create an index on World Assembly resolutions.

Anyways, the Sexual Privacy Act says:
(c) All Nations shall enact and enforce legislation deeming unlawful and duly punishing all sexual acts involving or committed against non-consenting or invalidly consenting individuals, without prejudice to any immunities applicable to minors or persons otherwise incompetent for the purposes of criminal responsibility.

Therefore, this proposal probably is superfluous.

- Dr. B. Castro

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Unibot
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Postby Unibot » Mon Jul 19, 2010 5:29 pm

Glen-Rhodes wrote:
Krioval wrote:And even the Prisoners of War Accord easily applies, as an occupying force can be considered to possess the occupied territory under its government's auspices, making native civilians classified as "internees" if detained, and otherwise untouchable under that statute. Again your blind ambition prevents you from seeing the obvious mistakes in reasoning that you have made repeatedly.

I don't think we should be assuming that if a nation invades another nation, they are taking land. That is more often than not untrue. I also don't think we should rely on the offbeat interpretation of a statute, and not simply cement the law into place. However, even though the Prisoners of War Accord decidedly does not protect stop-and-go rape by soldiers, the World Assembly has indeed outlawed rape, regardless of where it takes place. I did not see it before, because I was looking for resolutions about war, rather than resolutions about sex. Somebody should really create an index on World Assembly resolutions.

Anyways, the Sexual Privacy Act says:
(c) All Nations shall enact and enforce legislation deeming unlawful and duly punishing all sexual acts involving or committed against non-consenting or invalidly consenting individuals, without prejudice to any immunities applicable to minors or persons otherwise incompetent for the purposes of criminal responsibility.

Therefore, this proposal probably is superfluous.

- Dr. B. Castro


Okay, thanks Dr. Castro. That's the clarification I was looking for.

I think I maybe start working on a War Crimes proposal like the Grays ambassador suggested -- and thanks to Ambassador Volkov for being unbearable as always!

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The Palentine
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Postby The Palentine » Mon Jul 19, 2010 7:12 pm

absolutely worthless! most civilized nations, and their militaries already outlaw such practices. Nobody wants to dance "Danny Deever".
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Unibot
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Postby Unibot » Mon Jul 19, 2010 7:37 pm

The Palentine wrote:absolutely worthless! most civilized nations, and their militaries already outlaw such practices. Nobody wants to dance "Danny Deever".
excelsior,
Sen. Horatio Sulla


'Most' being the keyword, and most nations consider slavery bad, and most nations consider genocide bad.. and have already outlawed such practices.. doesn't mean that the few don't need a slap on the wrist and some regulation.
Last edited by Unibot on Mon Jul 19, 2010 7:40 pm, edited 2 times in total.

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Unilisia
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Postby Unilisia » Mon Jul 19, 2010 7:43 pm

Unibot wrote:OCC: I'm probably not doing the subject any sort of justice, because I wrote it in about ten minutes, but let's start from here...

A Ban on Sexual Violence in War
A resolution to improve worldwide human and civil rights.

Category: Human Rights | Strength: Significant


The General Assembly,

Understanding that some national armies have come to accept rape in armed conflict as a perfectly tolerable method of psychological warfare,

Believing that sexual violence in war (as with all forms of rape) is an abuse of power, and generally targets the physically weakest of civilians,

Hereby:

1. Defines “War rape”, as a variation of rape that is committed by soldiers against civilians, prisoners of war, or enemy combatants during armed conflict or war,

2. Outlaws the act of War rape as a severe and atrocious international crime against civilization;

3. Prohibits member-nations from promoting, obligating or facilitating War rape in any means;

4. Declares that all member nations have the right, duty and obligation to diplomatically prevent (via force if necessary) War rape being used in warfare by any nation and to prevent the proliferation of War rape as a tactic to nations that have previously abandoned said abuse;

5. Stipulates that the World Health Authority (WHA) has the duty to determine and locate where War rape cannot or has not been prevented (however distressing and shameful that is) and help to provide emergency contraception, therapy, antibiotics, and/or abortion methods to the potential and present victims of War rape in the international community;

6. Urges the Security Council to condemn any serious advocates and/or participants of this revolting sexual abuse.


But I like war rape... :(
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Unibot
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Postby Unibot » Mon Jul 19, 2010 7:45 pm

Unibot wrote:
The Palentine wrote:absolutely worthless! most civilized nations, and their militaries already outlaw such practices. Nobody wants to dance "Danny Deever".
excelsior,
Sen. Horatio Sulla


'Most' being the keyword, and most nations consider slavery bad, and most nations consider genocide bad.. and have already outlawed such practices.. doesn't mean that the few don't need a slap on the wrist and some regulation.


See this insolent ambassador for further reference...

Unilisia wrote:But I like war rape... :(


:roll:
Last edited by Unibot on Mon Jul 19, 2010 7:45 pm, edited 1 time in total.

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Lizardiar
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Postby Lizardiar » Mon Jul 19, 2010 7:53 pm

"It is a wonderful idea." Delegate Martin Tiberius from Lizardiar said as he stood, "Except I think it will be just that. I don't think many nations order their soldiers to rape the populace of another nation."
"Many will disagree with me, but we must face the truth, no matter how much we wish otherwise. This will not stop these cruel and monstrous acts."Martin said, "When Soldiers find themselves in power, they believe, 'These people are enemies of my country. They must be punished.' I shall be supporting of this bill completly. But a soldier, in the middle of this act in a strange far-away country, filled with what he sees as his natural enemies will not think, 'There are laws against this. I should stop.' They have commited themselves to doing it and as much as it shames us, as much as we wish otherwise, it will continue to happen. Sure we may cause the other soldiers to try and stop them, but this will not damper the thousands in war that are victims of these atrocities."
Last edited by Lizardiar on Mon Jul 19, 2010 7:54 pm, edited 2 times in total.
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Quadrimmina
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Postby Quadrimmina » Mon Jul 19, 2010 7:57 pm

Krioval wrote:
Quadrimmina wrote:Your quote from PoT is correct, but it's only for "intimidation, coercion, personal punishment or interrogation". As in, not for personal gratification.


Uh...if you don't think that rapists rape people, usually women, for one of "intimidation, coercion, personal punishment or interrogation", then what in the seven hells is wrong with you? Ask the victim if he or she feels "intimidated", "coerced", or "punished" during the course of a brutal sexual assault. Good Gods, that this isn't a logical conclusion with you is personally shocking.

PoW accords may do that, but that typically refers to a group being detained in a camp (internment camp). This is as opposed to, say, the My Lai incident IRL. Or, if you want me to elaborate, say Quadrimmina invades a neighboring village. While gathering the citizens, a soldier takes one and rapes her. What is stopping this from happnening? Not PoT...this isnt done for "intimidation, coercion, personal punishment or interrogation", and not PoW. Think before you call someone an idiot, and maybe you too, sir, will look more like a delegate and less like an acerbic jerk.


Uh, yeah, it *is* done for those reasons. Clearly you have no concept of the crime that you purport to combat. And even the Prisoners of War Accord easily applies, as an occupying force can be considered to possess the occupied territory under its government's auspices, making native civilians classified as "internees" if detained, and otherwise untouchable under that statute. Again your blind ambition prevents you from seeing the obvious mistakes in reasoning that you have made repeatedly.

As for "acerbic jerk"? I'm not the one saying that rapists don't inflict severe trauma on their victims.

Aleksei-kan Volkov
Imperial Chiefdom of Krioval


We would like to note that our argument is that this resolution is necessary to plug a loophole. Any nation that allows war rape CAN argue that one of those four is not being done. And that argument may even have some logical merit. We're not arguing about whether rape is coersion, we're arguing about whether rape can be argued to not be coersion by another nation. Same goes with PoW. I'm so glad the Imperial Chiefdom of Krioval protects women with those two acts in mind, but we must note that there are indeed ways around them, the loopholes that we have mentioned. It is with those loopholes in mind that we revise and extend our remarks in strong favor of this resolution.
Sincerely,
Alexandra Kerrigan, Ambassador to the World Assembly from the Republic of Quadrimmina.
National Profile | Ambassadorial Profile | Quadrimmina Gazette-Post | Protect, Free, Restore: UDL

Authored:
GA#111 (Medical Research Ethics Act)
SC#28 (Commend Sionis Prioratus)
GA#197 (Banning Extrajudicial Transfer)

Co-authored:
GA#110 (Identity Theft Prevention Act)
GA#171 (Freedom in Medical Research)
GA#196 (Freedom of Information Act)

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Quadrimmina
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Postby Quadrimmina » Mon Jul 19, 2010 7:58 pm

Lizardiar wrote:"It is a wonderful idea." Delegate Martin Tiberius from Lizardiar said as he stood, "Except I think it will be just that. I don't think many nations order their soldiers to rape the populace of another nation."
"Many will disagree with me, but we must face the truth, no matter how much we wish otherwise. This will not stop these cruel and monstrous acts."Martin said, "When Soldiers find themselves in power, they believe, 'These people are enemies of my country. They must be punished.' I shall be supporting of this bill completly. But a soldier, in the middle of this act in a strange far-away country, filled with what he sees as his natural enemies will not think, 'There are laws against this. I should stop.' They have commited themselves to doing it and as much as it shames us, as much as we wish otherwise, it will continue to happen. Sure we may cause the other soldiers to try and stop them, but this will not damper the thousands in war that are victims of these atrocities."


Of course, but now nations can't look the other way when it happens. They'll have to prosecute it.
Sincerely,
Alexandra Kerrigan, Ambassador to the World Assembly from the Republic of Quadrimmina.
National Profile | Ambassadorial Profile | Quadrimmina Gazette-Post | Protect, Free, Restore: UDL

Authored:
GA#111 (Medical Research Ethics Act)
SC#28 (Commend Sionis Prioratus)
GA#197 (Banning Extrajudicial Transfer)

Co-authored:
GA#110 (Identity Theft Prevention Act)
GA#171 (Freedom in Medical Research)
GA#196 (Freedom of Information Act)

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Lizardiar
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Postby Lizardiar » Mon Jul 19, 2010 8:00 pm

Quadrimmina wrote:
Lizardiar wrote:"It is a wonderful idea." Delegate Martin Tiberius from Lizardiar said as he stood, "Except I think it will be just that. I don't think many nations order their soldiers to rape the populace of another nation."
"Many will disagree with me, but we must face the truth, no matter how much we wish otherwise. This will not stop these cruel and monstrous acts."Martin said, "When Soldiers find themselves in power, they believe, 'These people are enemies of my country. They must be punished.' I shall be supporting of this bill completly. But a soldier, in the middle of this act in a strange far-away country, filled with what he sees as his natural enemies will not think, 'There are laws against this. I should stop.' They have commited themselves to doing it and as much as it shames us, as much as we wish otherwise, it will continue to happen. Sure we may cause the other soldiers to try and stop them, but this will not damper the thousands in war that are victims of these atrocities."


Of course, but now nations can't look the other way when it happens. They'll have to prosecute it.

"Obviously As I said, I will support this, but the task is daunting to say the least."
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Unibot
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Postby Unibot » Mon Jul 19, 2010 8:00 pm

Lizardiar wrote:"It is a wonderful idea." Delegate Martin Tiberius from Lizardiar said as he stood, "Except I think it will be just that. I don't think many nations order their soldiers to rape the populace of another nation."


Many national armies frown upon war rape, but do not take an official stance on it, as they consider it the 'business of war' or whatever bullshit. This law would have demanded tough sentences on war rapists, regardless of the military's 'acceptance' of such behavior.

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Quadrimmina
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Postby Quadrimmina » Mon Jul 19, 2010 8:05 pm

Unibot wrote:
Glen-Rhodes wrote:
Krioval wrote:And even the Prisoners of War Accord easily applies, as an occupying force can be considered to possess the occupied territory under its government's auspices, making native civilians classified as "internees" if detained, and otherwise untouchable under that statute. Again your blind ambition prevents you from seeing the obvious mistakes in reasoning that you have made repeatedly.

I don't think we should be assuming that if a nation invades another nation, they are taking land. That is more often than not untrue. I also don't think we should rely on the offbeat interpretation of a statute, and not simply cement the law into place. However, even though the Prisoners of War Accord decidedly does not protect stop-and-go rape by soldiers, the World Assembly has indeed outlawed rape, regardless of where it takes place. I did not see it before, because I was looking for resolutions about war, rather than resolutions about sex. Somebody should really create an index on World Assembly resolutions.

Anyways, the Sexual Privacy Act says:
(c) All Nations shall enact and enforce legislation deeming unlawful and duly punishing all sexual acts involving or committed against non-consenting or invalidly consenting individuals, without prejudice to any immunities applicable to minors or persons otherwise incompetent for the purposes of criminal responsibility.

Therefore, this proposal probably is superfluous.

- Dr. B. Castro


Okay, thanks Dr. Castro. That's the clarification I was looking for.

I think I maybe start working on a War Crimes proposal like the Grays ambassador suggested -- and thanks to Ambassador Volkov for being unbearable as always!


The Republic of Quadrimmina questions the efficacy of the SPA in preventing against sex crimes in war in non-WA nations.
Sincerely,
Alexandra Kerrigan, Ambassador to the World Assembly from the Republic of Quadrimmina.
National Profile | Ambassadorial Profile | Quadrimmina Gazette-Post | Protect, Free, Restore: UDL

Authored:
GA#111 (Medical Research Ethics Act)
SC#28 (Commend Sionis Prioratus)
GA#197 (Banning Extrajudicial Transfer)

Co-authored:
GA#110 (Identity Theft Prevention Act)
GA#171 (Freedom in Medical Research)
GA#196 (Freedom of Information Act)

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Mousebumples
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Postby Mousebumples » Mon Jul 19, 2010 8:13 pm

Quadrimmina wrote:We would like to note that our argument is that this resolution is necessary to plug a loophole. Any nation that allows war rape CAN argue that one of those four is not being done. And that argument may even have some logical merit. We're not arguing about whether rape is coersion, we're arguing about whether rape can be argued to not be coersion by another nation. Same goes with PoW. I'm so glad the Imperial Chiefdom of Krioval protects women with those two acts in mind, but we must note that there are indeed ways around them, the loopholes that we have mentioned. It is with those loopholes in mind that we revise and extend our remarks in strong favor of this resolution.

Nations can argue whatever they damn well please with regards to any resolution on the books. However, there is this fun feature that we often use here in the WA called "Reasonable Nation Theory." While such lunacy can be argued, I feel that it would fail if subjected to Reasonable Nation scrutiny. Any nation who tried to use that as their defense (i.e. before the ICC or other judicial body) would likely be laughed out of the courtroom if they expected to be taken seriously, much for the same reasons as explained by Aleksei-kan.

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Ambassador Lizzy Hall
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Glen-Rhodes
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Postby Glen-Rhodes » Mon Jul 19, 2010 8:17 pm

Quadrimmina wrote:The Republic of Quadrimmina questions the efficacy of the SPA in preventing against sex crimes in war in non-WA nations.

The Sexual Privacy Act does not place any significance on the nationality or citizenship of individuals. It's illegal to rape anybody, anywhere.

- Dr. B. Castro

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Osthia
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Postby Osthia » Mon Jul 19, 2010 8:18 pm

If I was still Azdun's delegate, I would've supported this proposal. But I am confused, does the resolution mandate that all WA member nations can not allow their soldiers to perform war rape on all nations or just fellow WA members?

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Phonencia
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Postby Phonencia » Mon Jul 19, 2010 8:20 pm

Unibot wrote:OCC: I'm probably not doing the subject any sort of justice, because I wrote it in about ten minutes, but let's start from here...

A Ban on Sexual Violence in War
A resolution to improve worldwide human and civil rights.

Category: Human Rights | Strength: Significant


The General Assembly,

Understanding that some national armies have come to accept rape in armed conflict as a perfectly tolerable method of psychological warfare,

Believing that sexual violence in war (as with all forms of rape) is an abuse of power, and generally targets the physically weakest of civilians,

Hereby:

1. Defines “War rape”, as a variation of rape that is committed by soldiers against civilians, prisoners of war, or enemy combatants during armed conflict or war,

2. Outlaws the act of War rape as a severe and atrocious international crime against civilization;

3. Prohibits member-nations from promoting, obligating or facilitating War rape in any means;

4. Declares that all member nations have the right, duty and obligation to diplomatically prevent (via force if necessary) War rape being used in warfare by any nation and to prevent the proliferation of War rape as a tactic to nations that have previously abandoned said abuse;

5. Stipulates that the World Health Authority (WHA) has the duty to determine and locate where War rape cannot or has not been prevented (however distressing and shameful that is) and help to provide emergency contraception, therapy, antibiotics, and/or abortion methods to the potential and present victims of War rape in the international community;

6. Urges the Security Council to condemn any serious advocates and/or participants of this revolting sexual abuse.



well thought out, very good, but what about if the mother wants to keep the baby? or in Theocratic nations like mine who outlaw abortion totally? (Abortion is legal if the mother is a rape victim, other places they're more strict about it)
also, I endorse this bill fully, however, I think that what we need is an anti-sex slavery bill to go with this,
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Mousebumples
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Postby Mousebumples » Mon Jul 19, 2010 8:20 pm

Glen-Rhodes wrote:
Quadrimmina wrote:The Republic of Quadrimmina questions the efficacy of the SPA in preventing against sex crimes in war in non-WA nations.

The Sexual Privacy Act does not place any significance on the nationality or citizenship of individuals. It's illegal to rape anybody, anywhere.

Although, technically, WA resolutions cannot affect non-WA nations/citizens. But that would be no different in a new proposal on the subject.
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Glen-Rhodes
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Postby Glen-Rhodes » Mon Jul 19, 2010 8:23 pm

Mousebumples wrote:Although, technically, WA resolutions cannot affect non-WA nations/citizens. But that would be no different in a new proposal on the subject.

True, I should have said, "It's illegal to rape anybody, anywhere, if you're a citizen of a WA nation." All in all, the SPA does already cover 'war rape', so I suggest the author indicate that this isn't going anywhere.

- Dr. B. Castro

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