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[PASSED] Defense of Self and Others

A carefully preserved record of the most notable World Assembly debates.

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Alqania
Minister
 
Posts: 2548
Founded: Aug 03, 2011
Ex-Nation

Postby Alqania » Thu Feb 23, 2012 4:40 pm

Merfurian wrote:
United Republic of Unified States wrote:I voted AGAINST this resolution because of a lack of clarity in the text.

The idea behind the resolution is fantastic, and I agree that it is something that we need passed. However, the problem is it is unclear when or where the self-defense becomes more offensive in nature.


Please, do I have to continually repeat myself? According to international jurisprudence of the real world, so long as a Jury has been convinced that a person only used force to protect himself because he honestly believed that he would be attacked and thus needed to defend himself, and that force was reasonable, then it doesn't matter as to whether the force could be considered as branching into an offence in its own right.

Klause Uliyan
Former Justice of Appeal of the Federal Court of Criminal Appeals
Presidential Counsel
Chief Ambassador and head of the Delegation's Legal Team


"Why is Your Excellency referencing the jurisprudence of a game? Surely the Real World jurisprudence has no bearing on World Assembly member states? In the Queendom, it is certainly only Alqanian legal precedent that is relevant to Alqanian courts of law. Besides, we do not have a jury system."
Queendom of Alqania
Amor vincit omnia et nos cedamus amori
Former Speaker of the Gay Regional Parliament
Represented in the WA by Ambassador Lord Raekevikinfo
and Deputy Ambassador Princess Christineinfo
Author of GA#178
Member of UNOG and the Stonewall Alliance

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Ketchupheinz
Lobbyist
 
Posts: 16
Founded: Jan 19, 2012
Ex-Nation

Postby Ketchupheinz » Thu Feb 23, 2012 8:08 pm

I'm all for self-defence law.. but is it really a matter for the WA? This should be regulated by domestic law of each State...

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Shin Japan
Secretary
 
Posts: 31
Founded: Jul 19, 2011
Ex-Nation

Postby Shin Japan » Thu Feb 23, 2012 11:24 pm

Mallorea and Riva wrote:Opposed. It is impossible to know what the minimal force necessary to defend oneself is, therefore to base a resolution around it is absurd.

I'm agree with this opinion.

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Independent Light Blue
Lobbyist
 
Posts: 15
Founded: Feb 22, 2012
Ex-Nation

Postby Independent Light Blue » Fri Feb 24, 2012 12:22 am

The Republic of Independent Light Blue proudly supports this motion.
Last edited by Independent Light Blue on Fri Feb 24, 2012 12:25 am, edited 1 time in total.

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Parti Ouvrier
Minister
 
Posts: 2806
Founded: Aug 19, 2010
Ex-Nation

Postby Parti Ouvrier » Fri Feb 24, 2012 1:48 am

With much discussion, our nation has voted for this resolution.

CJ
For a voluntary Socialist democratic republic of England, Scotland, Wales and a United Socialist Democratic Federal Republic of Ireland in a United Socialist Europe.
Leave Nato - abolish trident, abolish presidential monarchies (directly elected presidents) and presidential Prime Ministers

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Merfurian
Chargé d'Affaires
 
Posts: 449
Founded: Jan 25, 2012
Iron Fist Consumerists

Postby Merfurian » Fri Feb 24, 2012 10:41 am

Alqania wrote:
Merfurian wrote:
Please, do I have to continually repeat myself? According to international jurisprudence of the real world, so long as a Jury has been convinced that a person only used force to protect himself because he honestly believed that he would be attacked and thus needed to defend himself, and that force was reasonable, then it doesn't matter as to whether the force could be considered as branching into an offence in its own right.

Klause Uliyan
Former Justice of Appeal of the Federal Court of Criminal Appeals
Presidential Counsel
Chief Ambassador and head of the Delegation's Legal Team


"Why is Your Excellency referencing the jurisprudence of a game? Surely the Real World jurisprudence has no bearing on World Assembly member states? In the Queendom, it is certainly only Alqanian legal precedent that is relevant to Alqanian courts of law. Besides, we do not have a jury system."



It does not matter whether or not you use juries or a bench of judges. We use a mixed system of both case law and codified law, and a mixed system of benches of judges, and juries, yet the jurisprudence I cited forms part of our national law quite easily. The point that I made still applies regardless of what form your judiciary takes.

Dr Klause Uliyan
etc
Issued from the Desk of the Very Honourable and Most Loyal Doctor Jonas K. Lazareedes LLD PC FJSCU FPC, FPAC(CI)ACCA Presidential Counsel
Former Justice of the Supreme Court of the Union, Former President of Appeals Chamber I of an Autonomous Court of Appeal, Most Loyal Counsellor and Advisor to the President of the Federal Republic (Member of the Federal Privy Council) Ambassador to the World Assembly
NOTE: I am gay, and I have asperger syndrome. My social skills are rubbish.

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Alqania
Minister
 
Posts: 2548
Founded: Aug 03, 2011
Ex-Nation

Postby Alqania » Fri Feb 24, 2012 10:47 am

Merfurian wrote:
Alqania wrote:
"Why is Your Excellency referencing the jurisprudence of a game? Surely the Real World jurisprudence has no bearing on World Assembly member states? In the Queendom, it is certainly only Alqanian legal precedent that is relevant to Alqanian courts of law. Besides, we do not have a jury system."



It does not matter whether or not you use juries or a bench of judges. We use a mixed system of both case law and codified law, and a mixed system of benches of judges, and juries, yet the jurisprudence I cited forms part of our national law quite easily. The point that I made still applies regardless of what form your judiciary takes.

Dr Klause Uliyan
etc


Lord Raekevik responded in a tone of slight irritation. "My point was that the cited jurisprudence is irrelevant since it is entirely fictional."

((OOC: The Real World does not exist ICly as anything else than a work of fiction.))
Queendom of Alqania
Amor vincit omnia et nos cedamus amori
Former Speaker of the Gay Regional Parliament
Represented in the WA by Ambassador Lord Raekevikinfo
and Deputy Ambassador Princess Christineinfo
Author of GA#178
Member of UNOG and the Stonewall Alliance

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Alterrea
Chargé d'Affaires
 
Posts: 434
Founded: Mar 18, 2011
Ex-Nation

Postby Alterrea » Fri Feb 24, 2012 11:02 am

Sofnikos Anaxaux wrote:
First of all, this resolution provides a definition of "reasonable force" that uses both the words "reasonable" and "force" in the definition. Granted, we surely can understand what force is, but what criteria precisely determine what is reasonable?


Both the International Law Bureau of the External Relations Ministry and the Comparative Law Bureau of the Justice and Police Ministry agree on the issue raised by the Permanent Representative of the Mental Asylum Party State.
Therefore, consisting the Proposal of Resolution in a legal non sense, the Community will vote AGAINST.
Last edited by Alterrea on Fri Feb 24, 2012 11:02 am, edited 1 time in total.
The Community of Alterrea's Mission to the World Assembly



OOC: Be patient, English is not my mother-tongue. I'm learning.
If you find errors in my comments, please tell me.

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Pacificly
Civilian
 
Posts: 1
Founded: Aug 30, 2011
Ex-Nation

Postby Pacificly » Fri Feb 24, 2012 4:45 pm

This resolution is an jobs killer. My economy is dominted by the Arms Manufacturing Industry. And if I have to Make my Arm Forces smaller jops well have to be cut.

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Zaklen
Chargé d'Affaires
 
Posts: 443
Founded: Jun 22, 2011
Ex-Nation

Postby Zaklen » Fri Feb 24, 2012 5:18 pm

"PLACES the duty of ascertaining whether the force used in such situations was reasonable or not in the hands of the judiciary."

As a former voting member-state of the WA, Zaklen would like to point out that because of the last line, this proposal could do absolutely nothing if a nation's government so desired. Since we are considering rejoining the WA, I will state that my first act if we do so, will be to get this repealed so that a more suitable replacement can be drafted.
- Peter Zyvex
Supreme Ruler of Zaklen
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Religion brings out both the best and the worst in humanity. Obviously, I strive to be an example of it bringing out the best.

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Retired WerePenguins
Diplomat
 
Posts: 806
Founded: Apr 26, 2006
Inoffensive Centrist Democracy

Postby Retired WerePenguins » Fri Feb 24, 2012 8:49 pm

Ladies and gentlemen,

I am honestly annoyed. I can't really find anything exceptionally witty or insulting to say. While I don't feel like jumping up and down proclaiming that either this is the greatest thing since sliced tuna or that it is evil incarnate, I firmly believe that this is a very reasonable proposal and that it might actually be a good thing if it were to pass.

I am actually glad that this will pass.
Totally Naked
Tourist Eating
WA NS
___"That's the one thing I like about the WA; it allows me to shove my moral compass up your legislative branch, assuming a majority agrees." James Blonde
___"Even so, I see nothing in WA policy that requires that the resolution have a concrete basis in fact," Minister from Frenequesta
___"There are some things worse than death. I believe being Canadian Prime Minister is one of them." Brother Maynard.

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Quelesh
Minister
 
Posts: 2942
Founded: Jun 09, 2009
Ex-Nation

Postby Quelesh » Fri Feb 24, 2012 11:09 pm

I congratulate my Ossitanian colleage for the passage of this worthy resolution.

Alexandria Yadoru
Quelesian WA ambassador
"I hate mankind, for I think myself one of the best of them, and I know how bad I am." - Samuel Johnson

"Patriotism is your conviction that this country is superior to all other countries because you were born in it." - George Bernard Shaw
Political Compass | Economic Left/Right: -7.75 | Social Libertarian/Authoritarian: -10.00

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Paper Flowers
Diplomat
 
Posts: 712
Founded: Nov 01, 2011
Ex-Nation

Postby Paper Flowers » Sat Feb 25, 2012 2:34 am

Pacificly wrote:This resolution is an jobs killer. My economy is dominted by the Arms Manufacturing Industry. And if I have to Make my Arm Forces smaller jops well have to be cut.


Nothing in this resolution has anything to do with your Armed Forces, nor is there anything herein that would require you to cut down on Arms Manufacturing. Might I suggest the ambassador take the time to read and understand the matter of the resolution? (Self Defence)

We would also like to take this chance to congratulate the Ambassdor for Ossitania on the passing of this resolution.
Last edited by Paper Flowers on Sat Feb 25, 2012 2:35 am, edited 1 time in total.
Liam. A. Saunders - Paper Flowers Ambassador to the World Assembly.

Factbook (under construction - last update 14th November 2012)
Current Affairs - Ambassador Walkers disappearance remains a mystery, Ambassador Saunders promoted in his place.

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Dukopolious
Minister
 
Posts: 2589
Founded: Jun 17, 2011
Ex-Nation

Postby Dukopolious » Sat Feb 25, 2012 6:26 am

Congratulations to the delegate from Ossitania! We are happy to congratulate you and hope this resolution is never repealed.
Mallorea and Riva should resign

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United Celts
Envoy
 
Posts: 320
Founded: Feb 11, 2012
Ex-Nation

Postby United Celts » Sat Feb 25, 2012 7:47 am

"The Kingdom offers its congratulations to Ambassador McGregor and the Independent Commonwealth of Ossitania," said Ambassador Mac Lochlainn, "for seeing the passage of a well-written and incredibly important resolution. On behalf of the Kingdom of United Celts and the Region of Exshaw, I am proud to have voted in favor."
Cormac Stark

"All the great things are simple, and many can be expressed in a single word: freedom, justice, honor, duty, mercy, hope." - Winston Churchill

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