Christian Democrats wrote:Imperium Anglorum wrote:Criminal court only?7. Forbids the World Assembly from preempting a member state's claim to universal jurisdiction under this resolution, including but not limited to through an international criminal court or a substantially similar institution, to the extent permitted by this and previous World Assembly resolutions; (Source)
Indeed. The resolution defines "universal jurisdiction" as "the right to claim criminal jurisdiction for a crime allegedly committed by an individual." Take this definition, insert it into Section 7, and you get:Forbids the World Assembly from preempting a member state's [right to claim criminal jurisdiction for a crime allegedly committed by an individual] under this resolution, including but not limited to through an international criminal court or a substantially similar institution, to the extent permitted by this and previous World Assembly resolutions.
The establishment of international civil courts and administrative courts is still permitted.
Quite. I agree. I think this is correct, appeals and civil courts are still permitted given the use of 'criminal' in the resolution.
I would also go further and claim that 312 GA § 9 means that any duplication or contradiction claims ought be immediately dropped. If they were upheld, then that would go against § 9 that states "nothing in this resolution precludes the World Assembly from passing further legislation on criminal jurisdiction, international police or judicial cooperation, or extradition". Thus, the establishment of a new ICC would be permitted because otherwise, something in the resolution would preclude further legislation on such subjects.
If we have a resolution, we should interpret that resolution to mean what it says and to treat it how it states that it ought be treated. If I included a clause stating that my resolution cannot preclude future legislation, I should not expect that future legislation is precluded by that resolution. The integrity of the internal text should be upheld before moving onwards to duplication-contradiction challenges.