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[PASSED] International Criminal Court

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Quelesh
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Founded: Jun 09, 2009
Ex-Nation

[PASSED] International Criminal Court

Postby Quelesh » Thu Feb 25, 2010 3:17 am

The proposal has been submitted. I beg regional delegates to please approve it!

In light of the very unfortunate defeat of the esteemed delegate from Sionis Prioratus' ICJ proposal (Justice for All) on the floor of this Assembly, I have decided to draft my own proposal in a comparatively meager attempt to further international justice.

Please note that my proposal is much more narrowly focused than those authored by Sionis Prioratus and Glen-Rhodes. This sacrifices many useful and, I feel, needed functions of an international court, but is also likely to increase its support. (Something is better than nothing, one could say, and, while I would much prefer S-P's excellent proposal to mine, the time for it has evidently not yet come.)

Please also note, honored colleagues, that this is a very rough draft, and, because it exceeds the maximum character limit, cannot be submitted as-is. (Character limit problem has been resolved.) All suggestions are very highly welcomed, as this is the first proposal I have drafted for this Assembly.

Current draft Submitted version:

(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient beings are still subjected to genocide, war crimes and other atrocities;

VEXED that there now exists no international justice system by which to try the perpetrators of these heinous crimes should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any act intended to destroy, in whole or in part, any group of sapient beings on the basis of a shared ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic

B. "War crimes" as any of the following committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Murder, torture or other cruel or degrading treatment of prisoners of war or surrendered enemies
3. Mass internment or use for slave labor of civilians
4. Excessive destruction of occupied areas or natural resources
5. The use of nuclear, chemical, biological or radiological weapons against a civilian population with foreknowledge of likely civilian casualties

C. "Crimes against humanity" as any of the following committed as part of a systematic attack on a population of sapient beings:
1. Murder
2. Torture or other cruel, degrading or inhumane treatment
3. Forced sterilization or acts of sexual violence
4. Forced population transfer;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice those responsible for the above crimes;

AUTHORIZE the ICC to issue arrest warrants for any person ("wanted person") suspected of these crimes if their home jurisdiction refuses to bring them to justice, unless an extant WA resolution requires they be tried elsewhere;

INSIST that no warrant be issued by the ICC without probable cause;

REQUIRE member states to arrest wanted persons within their jurisdictions and extradite them to the ICC;

STRONGLY URGE member states to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means;

TASK the ICC with trying those accused and sentencing those convicted, subject to the following:

A. The ICC shall contract with a member state to hold pre-trial detainees ("defendants") and to house, for the duration of their sentences, those convicted by the ICC ("convicts") and sentenced to incarceration

B. Defendants have the following rights: a reasonably speedy trial, competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings

C. The ICC shall not convict a defendant without proof of guilt beyond a reasonable doubt

D. An acquitted defendant shall be immediately and unconditionally released to their nation of origin or, if that nation will not accept them, another consenting nation

E. Once acquitted by the ICC, no person shall be retried by the ICC for the same offense

F. The ICC shall never impose the death penalty

G. Convicts shall have the right to present to the ICC exculpatory evidence that was not available at trial; the ICC may reverse a conviction at any time

H. The ICC shall establish such rules and regulations, not conflicting with this resolution, concerning its operations as it sees fit, consistent with the principles of fairness and justice.


Character count: 3,393

(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient beings are still subjected to genocide, war crimes and other atrocities;

DETERMINED that the perpetrators of such heinous crimes face justice;

VEXED that there now exists no international justice system by which to try them should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any act intended to destroy, in whole or in part, any group of sapient beings on the basis of a shared ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic

B. "War crimes" as any of the following committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Murder, torture or other cruel or degrading treatment of prisoners of war or surrendered enemies
3. Mass internment or use for slave labor of civilians
4. Excessive destruction of occupied areas or natural resources
5. The use of nuclear, chemical, biological or radiological weapons against a civilian population with foreknowledge of likely civilian casualties

C. "Crimes against humanity" as any of the following committed as part of a systematic attack on a population of sapient beings:
1. Murder
2. Torture or other cruel, degrading or inhumane treatment
3. Forced sterilization or acts of sexual violence
4. Forced population transfer;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice those responsible for the above crimes;

AUTHORIZE the ICC to issue arrest warrants for any person ("wanted person") suspected of these crimes in situations in which their home jurisdiction refuses to bring them to justice, unless an extant WA resolution requires they be tried elsewhere;

INSIST that no warrant be issued by the ICC without probable cause;

REQUIRE member states to arrest wanted persons within their jurisdictions and extradite them to the ICC;

STRONGLY URGE member states to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means; and

TASK the ICC with trying those accused and sentencing those convicted, subject to the following:

A. The ICC shall contract with a member state to hold pre-trial detainees ("defendants") and to house, for the duration of their sentences, those convicted by the ICC ("convicts") and sentenced to incarceration

B. Defendants have the following rights: a reasonably speedy trial, competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings

C. The ICC shall not convict a defendant without proof of guilt beyond a reasonable doubt

D. An acquitted defendant shall be immediately and unconditionally released to their nation of origin or, if that nation will not accept them, another consenting nation

E. Once acquitted by the ICC, no person shall be retried by the ICC for the same offense

F. The ICC shall never impose the death penalty

G. Convicts shall have the right to present to the ICC exculpatory evidence that was not available at trial; the ICC may reverse a conviction at any time

H. The ICC shall establish such rules and regulations, not conflicting with this resolution, concerning its operations as it sees fit, consistent with the principles of fairness and justice.


Character count: 3,450
(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient beings are still subjected to genocide, war crimes and other atrocities;

DETERMINED that the perpetrators of such heinous crimes face justice;

VEXED that there now exists no international justice system by which to try them should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any act intended to destroy, in whole or in part, any group of sapient beings on the basis of a shared ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic

B. "War crimes" as any of the following committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Murder, torture or other cruel or degrading treatment of prisoners of war or surrendered enemies
3. Mass internment or use for slave labor of civilians
4. Excessive destruction of occupied areas or natural resources
5. The use of nuclear, chemical, biological or radiological weapons against a civilian population with foreknowledge of likely civilian casualties

C. "Crimes against humanity" as any of the following committed as part of a systematic attack on a population of sapient beings:
1. Murder
2. Torture or other cruel, degrading or inhumane treatment
3. Forced sterilization or acts of sexual violence
4. Forced population transfer;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice those responsible for the above crimes;

AUTHORIZE the ICC to issue arrest warrants for any person ("wanted person") suspected of these crimes in situations in which their home jurisdiction refuses to bring them to justice, unless previously extant international law requires them to be tried in a different venue;

INSIST that no warrant be issued by the ICC without probable cause;

REQUIRE member states to arrest wanted persons within their jurisdictions and extradite them to the ICC;

STRONGLY URGE member states to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means; and

TASK the ICC with trying those accused and sentencing those convicted, subject to the following:

A. The ICC shall contract with a member state to hold pre-trial detainees ("defendants") and to house, for the duration of their sentences, those convicted by the ICC ("convicts") and sentenced to incarceration

B. Defendants have the following rights: a reasonably speedy trial, competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings

C. The ICC shall not convict a defendant without proof of guilt beyond a reasonable doubt

D. An acquitted defendant shall be immediately and unconditionally released to their nation of origin or, if that nation will not accept them, another consenting nation

E. Once acquitted by the ICC, no person shall be retried by the ICC for the same offense

F. The ICC shall never impose the death penalty

G. Convicts shall have the right to present to the ICC exculpatory evidence that was not available at trial; the ICC may reverse a conviction at any time

H. The ICC shall establish such rules and regulations, not conflicting with this resolution, concerning its operations as it sees fit, consistent with the principles of fairness and justice.


Character count: 3,476
(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient beings are still subjected to genocide, war crimes and other atrocities;

DETERMINED that the perpetrators of such heinous crimes face justice;

VEXED that there now exists no international justice system by which to try them should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any act intended to destroy, in whole or in part, any group of sapient beings on the basis of a shared ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic

B. "War crimes" as any of the following committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Murder, torture or other cruel or degrading treatment of prisoners of war or surrendered enemies
3. Mass internment or use for slave labor of civilians
4. Excessive destruction of occupied areas or natural resources
5. The use of nuclear, chemical, biological or radiological weapons against a civilian population with foreknowledge of likely civilian casualties

C. "Crimes against humanity" as any of the following committed as part of a systematic attack on a population of sapient beings:
1. Murder
2. Torture or other cruel, degrading or inhumane treatment
3. Forced sterilization or acts of sexual violence
4. Forced population transfer;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice those responsible for the above crimes;

AUTHORIZE the ICC to issue arrest warrants for any person ("wanted person") suspected of these crimes, in situations in which their home jurisdiction refuses to bring them to justice, unless previously extant international law requires them to be tried in a different venue;

INSIST that no warrant be issued by the ICC without probable cause;

REQUIRE member states to arrest wanted persons within their jurisdictions and extradite them to the ICC;

PROHIBIT member states from using military force against any nation for the purpose of apprehending wanted persons;

STRONGLY URGE member states to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means; and

TASK the ICC with trying those accused and sentencing those convicted, subject to the following:

A. The ICC shall contract with a member state to hold pre-trial detainees ("defendants") and to house, for the duration of their sentences, those convicted by the ICC ("convicts") and sentenced to incarceration

B. Defendants have the following rights: a reasonably speedy trial, competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings

C. The ICC shall not convict a defendant without proof of guilt beyond a reasonable doubt

D. An acquitted defendant shall be immediately and unconditionally released to their nation of origin or, if that nation will not accept them, another consenting nation

E. Once acquitted by the ICC, no person shall be retried by the ICC for the same offense

F. The ICC shall never impose the death penalty

G. Convicts shall have the right to present to the ICC exculpatory evidence that was not available at trial; the ICC may reverse a conviction at any time.


Character count: 3,403
(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient beings are still subjected to genocide, war crimes and other atrocities;

DETERMINED that the perpetrators of such heinous crimes face justice;

VEXED that there now exists no international justice system by which to try them should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any act intended to destroy, in whole or in part, any group of sapient beings on the basis of a shared ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic

B. "War crimes" as any of the following committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Murder, torture or other cruel or degrading treatment of prisoners of war or surrendered enemies
3. Mass internment or use for slave labor of civilians
4. Excessive destruction of occupied areas or natural resources
5. The use of nuclear, chemical, biological or radiological weapons against a civilian population

C. "Crimes against humanity" as any of the following committed as part of a systematic attack on a population of sapient beings:
1. Murder
2. Torture or other cruel, degrading or inhumane treatment
3. Forced sterilization or acts of sexual violence
4. Forced population transfer;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice those responsible for the above crimes;

AUTHORIZE the ICC to issue arrest warrants for any person ("wanted person") suspected of these crimes, in situations in which their home jurisdiction refuses to bring them to justice, unless previously extant international law requires them to be tried in a different venue;

INSIST that no warrant be issued by the ICC without probable cause;

REQUIRE member states to arrest wanted persons within their jurisdictions and extradite them to the ICC;

PROHIBIT member states from using military force against any nation for the purpose of apprehending wanted persons;

STRONGLY URGE member states to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means; and

TASK the ICC with trying those accused and sentencing those convicted, subject to the following:

A. The ICC shall contract with a member state to hold pre-trial detainees ("defendants") and to house, for the duration of their sentences, those convicted by the ICC ("convicts") and sentenced to incarceration

B. All persons held under this resolution shall be treated in accordance with international law

C. Defendants have the following rights: a reasonably speedy trial, competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings

D. The ICC shall not convict a defendant without proof of guilt beyond a reasonable doubt

E. An acquitted defendant shall be immediately and unconditionally released to their nation of origin or, if that nation will not accept them, another consenting nation

F. Once acquitted by the ICC, no person shall be retried by the ICC for the same offense

G. The ICC shall never impose the death penalty

H. Convicts shall have the right to present to the ICC exculpatory evidence that was not available at trial; the ICC may reverse a conviction at any time.


Character count: 3,477
(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient beings are still subjected to genocide, torture and other atrocities;

DETERMINED that the perpetrators of such heinous crimes face justice;

DISTRESSED that there now exists no international justice system by which to try them should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any act intended to destroy, in whole or in part, any group of sapient beings on the basis of a shared ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic

B. "War crimes" as any of the following committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Murder, torture or other cruel or degrading treatment of prisoners of war or surrendered enemies
3. Mass internment or use for slave labor of civilians
4. Excessive destruction of occupied areas or natural resources
5. The use of nuclear, chemical, biological or radiological weapons against a civilian population

C. "Crimes against humanity" as any of the following committed as part of a systematic attack on a population of sapient beings:
1. Murder
2. Torture or other cruel, degrading or inhumane treatment
3. Forced sterilization or acts of sexual violence
4. Forced population transfer;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice those responsible for the above crimes;

AUTHORIZE the ICC to issue arrest warrants for any person ("wanted person") suspected of these crimes, in situations in which their home jurisdiction refuses to bring them to justice;

INSIST that no warrant be issued by the ICC without probable cause;

REQUIRE member states to arrest wanted persons within their jurisdictions and extradite them to the ICC;

PROHIBIT member states from using military force against any nation for the purpose of apprehending wanted persons;

STRONGLY URGE member states to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means; and

TASK the ICC with detaining suspects before trial, trying those accused and implementing the sentences of those convicted, subject to the following:

A. Pre-trial detainees ("defendants") have the following rights: a reasonably speedy trial, competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings

B. The ICC shall not convict a defendant without proof of guilt beyond a reasonable doubt

C. An acquitted defendant shall be immediately and unconditionally released to their nation of origin or, if that nation will not accept them, another consenting nation

D. The ICC shall not transfer any person to any nation unless reasonably certain that the person will not be subject to torture or other cruel, degrading or inhumane treatment as a result

E. Once acquitted by the ICC, no person shall be retried by the ICC or any member state for the same offense

F. The ICC shall never impose the death penalty

G. No defendant or person held after conviction ("convict") shall be subjected to torture or other cruel, degrading or inhumane treatment

H. Convicts shall have the right to present to the ICC exculpatory evidence that was not available at trial; the ICC may reverse a conviction at any time.


Character count: 3,475
(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient creatures are still subjected to genocide, torture and other atrocities;

DETERMINED that the perpetrators of such heinous crimes face justice;

DISTRESSED that there now exists no international justice system by which to try them should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any act intended to destroy, in whole or in part, any group of sapient creatures on the basis of a shared ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic

B. "War crimes" as any of the following committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Murder, torture or other cruel or degrading treatment of prisoners of war or surrendered enemies
3. Mass internment or use for slave labor of civilians
4. Excessive destruction of occupied areas or natural resources
5. The use of nuclear, chemical, biological or radiological weapons against a civilian population

C. "Crimes against humanity" as any of the following committed as part of a systematic attack on a population of sapient creatures:
1. Murder
2. Torture or other cruel, degrading or inhumane treatment
3. Forced sterilization or acts of sexual violence
4. Forced population transfer;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice those responsible for the above crimes;

AUTHORIZE the ICC to issue arrest warrants for any person ("wanted person") suspected of these crimes, in situations in which their home nation refuses to bring them to justice;

INSIST that no warrant be issued by the ICC without probable cause;

REQUIRE member states to arrest wanted persons within their jurisdictions and extradite them to the ICC;

PROHIBIT member states from using military force against any nation for the purpose of apprehending wanted persons;

STRONGLY URGE member states to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means; and

TASK the ICC with detaining suspects before trial, trying those accused and implementing the sentences of those convicted, subject to the following:

A. Pre-trial detainees ("defendants") have the following rights: a reasonably speedy trial, competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings

B. The ICC shall not convict a defendant without proof of guilt beyond a reasonable doubt

C. An acquitted defendant shall be immediately and unconditionally released to their nation of origin or, if that nation will not accept them, another consenting nation

D. The ICC shall not transfer any person to any nation unless reasonably certain that the person will not be subject to torture or other cruel, degrading or inhumane treatment as a result

E. Once acquitted by the ICC, no person shall be retried by the ICC or any member state for the same offense

F. The ICC shall never impose the death penalty

G. No defendant or person held after conviction ("convict") shall be subjected to torture or other cruel, degrading or inhumane treatment

H. Convicts shall have the right to present to the ICC exculpatory evidence that was not available at trial; the ICC may reverse a conviction at any time.


Character count: 3,478
(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient creatures are still subjected to genocide, torture and other atrocities;

DETERMINED that the perpetrators of such heinous crimes face justice;

DISTRESSED that there now exists no international justice system by which to try them should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any act intended to destroy, in whole or in part, any group of sapient creatures sharing a common ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic

B. "War crimes" as any of the following committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Murder, torture or other cruel or degrading treatment of prisoners of war or surrendered enemies
3. Mass internment or use for slave labor of civilians
4. Excessive destruction of occupied areas or natural resources
5. The use of nuclear, chemical, biological or radiological weapons against a civilian population

C. "Crimes against humanity" as any of the following committed as part of a systematic attack on a population of sapient creatures:
1. Murder
2. Torture or other cruel, degrading or inhumane treatment
3. Forced sterilization or acts of sexual violence
4. Forced population transfer;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice those responsible for the above crimes;

AUTHORIZE the ICC to issue arrest warrants for any person (the "wanted person") suspected of these crimes, in situations in which their home nation refuses to bring them to justice;

INSIST that no warrant be issued by the ICC without probable cause;

REQUIRE member states to arrest wanted persons within their jurisdictions and extradite them to the ICC;

PROHIBIT member states from using military force against any nation for the purpose of apprehending wanted persons;

STRONGLY URGE member states to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means; and

TASK the ICC with detaining suspects before trial, trying those accused and implementing the sentences of those convicted, subject to the following:

A. Pre-trial detainees ("defendants") have the following rights: a reasonably speedy trial, competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings

B. The ICC shall not convict a defendant without proof of guilt beyond a reasonable doubt

C. An acquitted defendant shall be immediately and unconditionally released to their nation of origin or, if that nation will not accept them, another consenting nation

D. The ICC shall not transfer any person to any nation unless reasonably certain that the person will not be subject to torture or other cruel, degrading or inhumane treatment in that nation

E. Once acquitted by the ICC, no person shall be retried by the ICC or any member state for the same offense

F. The ICC shall never impose the death penalty

G. No defendant or person held after conviction ("convict") shall be subjected to torture or other cruel, degrading or inhumane treatment

H. Convicts shall have the right to present to the ICC exculpatory evidence that was not available at trial; the ICC may reverse a conviction at any time.


Character count: 3,477
(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient creatures are still subjected to genocide, enslavement, torture and other atrocities;

DETERMINED that the perpetrators of such heinous crimes face justice;

DISTRESSED that there now exists no international justice system by which to try these perpetrators should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any action intended to destroy, in whole or in part, any group of sapient creatures sharing a common ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic

B. "War crimes" as any of the following committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Murder, torture or other cruel or degrading treatment of prisoners of war or enemy combatants who have surrendered
3. Mass internment or use for slave labor of civilians
4. Excessive destruction of cities or other occupied areas, or of wilderness areas or other natural resources
5. The use of nuclear, chemical, biological or radiological weapons against a civilian population

C. "Crimes against humanity" as any of the following committed as part of a systematic attack against a population of sapient creatures:
1. Murder
2. Torture or other cruel, degrading or inhumane treatment
3. Forced sterilization or acts of sexual violence
4. Mass deportation or forced population transfer;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice those responsible for genocide, war crimes or crimes against humanity;

AUTHORIZE the ICC to issue arrest warrants for any person (the "wanted person") suspected of these crimes, in situations in which their home nation refuses to bring them to justice;

INSIST that no warrant be issued by the ICC without probable cause;

REQUIRE member states to arrest wanted persons within their jurisdictions and extradite them to the ICC;

DO NOT AUTHORIZE member states to use military force against any nation for the purpose of apprehending wanted persons;

STRONGLY URGE member states to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means; and

TASK the ICC with detaining suspects before trial, trying those accused and implementing the sentences of those convicted, subject to the following restrictions:

A. Pre-trial detainees ("defendants") have the following rights: to a reasonably speedy trial, to competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings;

B. The ICC shall not convict a defendant unless his or her guilt has been proven beyond a reasonable doubt;

C. An acquitted defendant shall be immediately and unconditionally released to their nation of origin or, if their nation of origin will not accept them, to another nation consenting to take them into its territory;

D. The ICC shall not transfer any person to any nation unless reasonably certain that the person will not be subject to torture or other cruel, degrading or inhumane treatment in that nation;

E. Once acquitted by the ICC, no person shall be tried again by the ICC or by any member state for the same offense;

F. The ICC shall never impose the penalty of death upon any person;

G. No defendant or person held after conviction (a "convict") shall be subjected to torture or to other cruel, degrading or inhumane treatment;

H. Convicts shall have the right to present to the ICC additional exculpatory evidence that was not available at the time of trial; upon the provision of sufficient evidence, the ICC may reverse a conviction at any time.


Character count: 3,817 (uh oh)
(Human rights / significant)

The Assembled Nations of the World,

APPALLED that sapient creatures are still subjected to genocide, enslavement, torture and other atrocities by dictators, warlords and other governmental or non-governmental figures;

DETERMINED that the perpetrators of such heinous crimes face justice;

DISTRESSED that there now exists no international justice system by which to try the perpetrators of such atrocities should their home nations refuse to do so;

DEFINING, for the purpose of this resolution:

A. "Genocide" as any action, or series of actions, intended to destroy, in whole or in part, any group of sapient creatures sharing a common ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range or any other identifiable real or perceived characteristic,

B. "War crimes" as any of the following acts committed as part of armed conflict:
1. Military actions that intentionally target civilians, resulting in civilian casualties
2. Killing or injuring of enemy combatants who have surrendered and are not resisting
3. Murder, torture or other cruel or degrading treatment of prisoners of war or other hostages
4. Mass internment or use for slave labor of civilians in occupied territories
5. Excessively unnecessary destruction of cities, towns or other occupied areas, or of forests, wilderness areas or other natural resources
6. The use of nuclear, chemical, biological or radiological weapons against a civilian population, and

C. "Crimes against humanity" as any of the following acts committed as part of a widespread, systematic attack against a civilian population of sapient creatures:
1. Murder
2. Torture, or other cruel, degrading or inhumane treatment
3. Rape, forced sterilization or other acts of sexual violence
4. Mass deportation or forced population transfer
5. Forced disappearance;

hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice individuals responsible for genocide, war crimes or crimes against humanity;

AUTHORIZE the ICC to issue arrest warrants for any individual suspected of committing these crimes, in situations in which the home nation of said individual refuses to bring him or her to justice;

INSIST that no warrant be issued by the ICC without probable cause to believe that the person named in the warrant (the "wanted person") has committed the crime or crimes specified in the warrant;

REQUIRE member states to take all steps in accordance with international law to arrest wanted persons within their jurisdictions and extradite them to the ICC;

DO NOT AUTHORIZE member states to engage in military action against any nation for the purpose of apprehending wanted persons; however,

STRONGLY URGE member states to seek agreements with non-member states for the extradition of wanted persons to the ICC and to pursue the extradition of wanted persons not under their jurisdictions by all legal and peaceful means; and

TASK the ICC with detaining suspects before trial, trying those accused and incarcerating those convicted in accordance with the terms of their sentences, subject to the following restrictions:

A. Persons detained by the ICC before or during trial ("detainees" or "defendants") have the following rights: to a reasonably speedy trial, to competent legal representation, to call witnesses on their behalf and examine witnesses against them, to refuse to incriminate themselves and to fully understand and participate in the proceedings;

B. The ICC shall not convict a defendant unless his or her guilt has been proven beyond a reasonable doubt;

C. A defendant acquitted of all charges shall be immediately and unconditionally released to his or her nation of origin or, if his or her nation of origin will not accept him or her, to another nation consenting to take the individual into its territory;

D. The ICC shall not transfer any individual to any nation unless the ICC is reasonably certain that the individual will not be subject to torture or other cruel, degrading or inhumane treatment in that nation;

E. Once acquitted of an offense by the ICC, no individual shall be tried again by the ICC or by any member state for the same offense;

F. The ICC shall never impose the penalty of death upon any person;

G. No detainee or person incarcerated after conviction (a "convict") shall be subjected to torture or to other cruel, degrading or inhumane treatment;

H. Convicts shall have the right to present to the ICC additional exculpatory evidence that was not available at the time of trial, and, upon the provision of sufficient evidence, the ICC may reverse a conviction at any time.


Character count: 4,605 (uh oh)
(Human rights / significant)

The Assembled Nations of the World,

I. APPALLED that, despite the commitment of this Assembly to international justice, sapient creatures are still subjected to genocide, enslavement, torture and other atrocities by dictators, warlords and other governmental or non-governmental figures;

II. DETERMINED that the perpetrators of such heinous crimes face justice, be it in a national or international setting;

III. TERRIBLY DISTRESSED that there now exists no international justice system by which to try the perpetrators of such atrocities should their home nations refuse to do so;

IV. DEFINING, for the purpose of this resolution:

A. "Genocide" as any action, or series of actions, intended to destroy, in whole or in part, any group of sapient creatures, "group" being defined as any collection of persons sharing a common ancestry, nationality, ethnicity, religion, race, culture, sex, gender, sexual orientation, age or age range, other physical characteristic, mental health status, or any other identifiable real or perceived characteristic,

B. "War crimes" as any of the following acts committed as part of armed conflict:
1. Military assaults or actions that intentionally target civilians, resulting in civilian deaths or non-fatal civilian casualties,
2. Killing or injuring of enemy combatants who have surrendered and are not resisting,
3. Murder, torture or other cruel or degrading treatment of prisoners of war or other hostages,
4. Mass internment of civilians in occupied territories or use of civilians in occupied territories for slave labor,
5. Excessively unnecessary destruction of cities, towns, villages or other occupied areas, or of forests, wilderness areas or other natural resources,
6. The use of nuclear, chemical, biological or radiological weapons against a civilian population, and

C. "Crimes against humanity" as any of the following acts committed as part of a widespread, systematic attack against a civilian population of sapient creatures:
1. Murder,
2. Torture, or other cruel or degrading treatment,
3. Rape, sexual enslavement, forced sterilization or other acts of sexual violence,
4. Mass deportation or forced population transfer,
5. Imprisonment without due process of law,
6. Forced disappearance,
7. Other cruel or inhumane acts intentionally causing significant physical or mental suffering;

V. hereby ESTABLISH the International Criminal Court (ICC) for the purpose of bringing to justice individuals responsible for genocide, war crimes or crimes against humanity;

VI. AUTHORIZE the ICC to issue international arrest warrants for any individual suspected of committing genocide, war crimes or crimes against humanity, in situations in which the home nation or jurisdiction of said individual refuses to bring him or her to justice;

VII. INSIST that no such warrant be issued by the ICC without probable cause to believe that the person named in the warrant (hereinafter referred to as the "wanted person") has committed the crime or crimes specified in the warrant;

VIII. REQUIRE member states to take all steps, in accordance with international law, to arrest wanted persons within their jurisdictions and extradite them to the ICC;

IX. EXPLICITLY DO NOT AUTHORIZE member states to invade or otherwise engage in military action against any nation for the purpose of apprehending wanted persons; however,

X. STRONGLY URGE member states to seek agreements with non-member states for the extradition of wanted persons to the ICC and to pursue the arrest and extradition of wanted persons not under their jurisdictions by all legal and peaceful means;

XI. TASK the ICC with detaining suspects before trial, trying those accused of genocide, war crimes or crimes against humanity, and incarcerating those convicted in accordance with the terms of their sentences, subject to the following rules and restrictions:

A. Persons detained by the ICC before or during trial (hereinafter referred to as "detainees" or "defendants") have the right to a reasonably speedy trial, the right to due process of law, the right to fully competent legal representation, the right to refuse to incriminate themselves and the right to fully understand and participate in the proceedings;

B. The ICC shall not convict a defendant unless his or her guilt has been proven beyond a reasonable doubt;

C. A defendant acquitted of all charges shall be immediately and unconditionally released to his or her nation of origin or, if his or her nation of origin will not accept him or her, to another nation consenting to take the individual into its territory;

D. The ICC shall not transfer any individual to any nation unless the ICC is reasonably certain that the individual will not be subject to torture or other cruel, degrading or inhumane treatment in that nation;

E. Once acquitted of an offense by the ICC, no individual shall be tried again by the ICC or by any member state for the same offense;

F. The ICC shall never impose the penalty of death upon any person;

G. No detainee or person incarcerated after conviction (hereinafter known as a "convict") shall be subjected to torture or to other cruel, degrading or inhumane treatment;

H. Convicts shall have the right to present to the ICC additional exculpatory evidence that was not available to the convict at the time of trial, and, upon the provision of sufficient evidence, the ICC may reverse a conviction at any time; the reversal of a conviction shall constitute an acquittal under subsections XI (C) and (E); and

XII. EXPRESS our profound hope that we will one day live in a world utterly without genocide, war crimes or crimes against humanity and that this resolution will promote international justice by furthering that end.


Character count: 5,684 (uh oh)

As you can see, the length of this draft far exceeds the 3,500 character limit; I especially welcome suggestions on how to pare it down without losing anything really important.

A few additional notes:

When I write "nation," instead of "member state," I mean any nation, including non-member states.

My definition of genocide is broader than that in the Convention Against Genocide (GAR 38).

Technically, this proposal as written allows the ICC to issue arrest warrants for the citizens of non-member states (I have, for now, intentionally not included language restricting the issuance of arrest warrants to citizens of member states only). I know that imposing requirements upon non-member states would be illegal. However, the proposal does not technically require non-member states to do anything. It requires member states to arrest wanted persons under their jurisdictions, and "strongly urges" member states to seek agreements with non-member states that will lead to the wanted person's extradition seek the extradition of wanted persons through all legal and peaceful means. The governments of non-member states are free to refuse to extradite wanted persons, and this proposal would specifically prohibit military force to compel them to do so. Therefore, I don't think it's illegal for this reason.

(OOC:)

I intend to ask the mods about the legality before submitting it, and if it's illegal, of course, I'll make the appropriate changes. It could be illegal if it's ruled that it imposes requirements upon non-member states. It also could conflict with a previous resolution, but I've read through all the relevant resolutions and I don't think it does. However, I am new to this. (I believe all legality issues are now resolved.)

Also, regarding the phrase "crimes against humanity:" I know that many nations are roleplayed as having non-human sapient residents. I've written the definition for crimes against humanity to include them. I'm hesitant to abandon the phrase itself because it's such a well-known RL phrase that many NS players will recognize, and because the alternatives I can think of are unwieldy and, frankly, sound stupid.

(IC again:)

I beg Your Excellencies to keep in mind that this proposal in its current state is a very rough draft, and I would be honored by any comments and suggestions from my esteemed colleagues. I am in no particular hurry to submit this proposal.
Last edited by NERVUN on Sun Jun 27, 2010 9:32 pm, edited 14 times in total.
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Ainocra
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Postby Ainocra » Thu Feb 25, 2010 4:01 am

III. TERRIBLY DISTRESSED that there now exists no international justice system by which to try the perpetrators of such atrocities should their home nations refuse to do so;


if it's not illegal here I won't allow you to try my citizens for it. especially if they did it here.

There is no real need for an international criminal justice system. Will we also make international prisons? where will they be at? your country? mine?

This part alone makes it far too reaching for me to even consider supporting.
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Quelesh
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Postby Quelesh » Thu Feb 25, 2010 7:49 am

Ainocra wrote:if it's not illegal here I won't allow you to try my citizens for it. especially if they did it here.

There is no real need for an international criminal justice system. Will we also make international prisons? where will they be at? your country? mine?

This part alone makes it far too reaching for me to even consider supporting.


Genocide is already illegal in your nation, Your Honor, due to the Convention Against Genocide. If a nation allows or requires its agents or citizens to engage in acts such as genocide, sexual enslavement or the slaughter of prisoners of war, then I would certainly advocate trying them with or without the permission of their government.

Most likely (OOC: like the RL ICC) the caseload handled by the ICC will be quite small. There will probably not be a need for "international prisons." A small, secure facility at WA headquarters will be sufficient, though that would be determined by the court (OOC: the wonderful gnomes).

In an ideal world there would be no need for an international criminal justice system. However, when nations refuse to bring the perpetrators of the most heinous of crimes to justice, then an international body must step in. I am not proposing to create a full body of international criminal law or to create a court that would excessively (or at all, really, in almost all cases) intrude into the internal affairs of nations. Only in cases where the most egregious crimes against humanity are being perpetrated would the ICC have jurisdiction, and even then only in cases where national governments are unable or unwilling to act.
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Flibbleites
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Postby Flibbleites » Thu Feb 25, 2010 8:44 am

Image

Why do people keep coming up with this misguided idea that the WA needs some sort of court? We've gotten along just fine without one for all this time why do we suddenly need one now?

Bob Flibble
WA Representative

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Skibereen
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Postby Skibereen » Thu Feb 25, 2010 9:16 am

Suggestions for saving space--I could do more but I am not inclined to such labor as it would require completely rewriting the act to excise those things which are wholly unmanageable.


Does there currently exist a "war Crimes Definition in the WA? if yes just say "War Crimes as defined by Act XXX"

Section A-- your definition is not more inclusive its simply more verbose change it to Genocide, as set forth in GAR 38(include the link) characters saved...


Section C
C.(1) Delete this "Murder" it is already illegal and unless you intend on issuing billions of Murder Warrants this doesnt need to be here.

C.(5) this is vague and Due process of whose law? This is a stumbling block and it gets rid of some characters.

Change "Crimes Against Humanity" to "Inhuman Acts" that will save you a few characters.

C(3) change the whole thing to "Acts of Sexual Violence" covers everything and saves characters.

C(6) could be taken to mean a great many things it doesnt...just say kidnappings.

Loose C(7) all together its vague and I personally would vote against this predicated on that line of ambiguity alone.


XII. Unneeded emotional plea.


IC:
Yes, Mr representative Genocide is already illegal hence the new definition provided here seems an underhanded way of rewording pre-existing legislation to better suit your own opinions as opposed to what was legally voted upon. Your proposal redefines already clearly defined issues and as such is illegal.

I move this Act be tabled until such time as it is more presentable.

I yield.
Last edited by Skibereen on Thu Feb 25, 2010 9:18 am, edited 1 time in total.
argumentum ad logicam, seriously think about it.

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Postby Flibbleites » Thu Feb 25, 2010 9:44 am

Skibereen wrote:Does there currently exist a "war Crimes Definition in the WA? if yes just say "War Crimes as defined by Act XXX"

Section A-- your definition is not more inclusive its simply more verbose change it to Genocide, as set forth in GAR 38(include the link) characters saved...
Those would both house of Cards violations.

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Postby Charlotte Ryberg » Thu Feb 25, 2010 12:35 pm

In my opinion, the honoured ambassador to Charlotte Ryberg feels that the International Criminal Court or any kind of arbitration may be best left at RP level, as this (closed RP) thread shows.

Yours etc,

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Skibereen
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Postby Skibereen » Thu Feb 25, 2010 2:51 pm

Flibbleites wrote:
Skibereen wrote:Does there currently exist a "war Crimes Definition in the WA? if yes just say "War Crimes as defined by Act XXX"

Section A-- your definition is not more inclusive its simply more verbose change it to Genocide, as set forth in GAR 38(include the link) characters saved...
Those would both house of Cards violations.

Forgive me I am still getting acquainted with what makes an act not workable.
argumentum ad logicam, seriously think about it.

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Quelesh
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Postby Quelesh » Thu Feb 25, 2010 11:45 pm

Flibbleites wrote:Why do people keep coming up with this misguided idea that the WA needs some sort of court? We've gotten along just fine without one for all this time why do we suddenly need one now?


We may have gotten along just fine, Ambassador Flibble, but the victims of these crimes certainly have not.

Skibereen wrote:Does there currently exist a "war Crimes Definition in the WA? if yes just say "War Crimes as defined by Act XXX"

Section A-- your definition is not more inclusive its simply more verbose change it to Genocide, as set forth in GAR 38(include the link) characters saved...


I wish I could do that, but, as Flibbleites has pointed out, those would be house of cards violations. I cannot specifically reference a past resolution in mine, so I must reinvent the wheel here. I will look at cutting back the definitions, though.

Skibereen wrote:C.(5) this is vague and Due process of whose law? This is a stumbling block and it gets rid of some characters.


I'll remove that line in the next draft. I know I'll need to take an axe to this proposal, and this is a decent place to start. Besides, mass imprisonment is generally covered under IV(B)4 anyway.

Skibereen wrote:Change "Crimes Against Humanity" to "Inhuman Acts" that will save you a few characters.


As I said before, though, I like that phrase. I think changing it would make the proposal less compelling.

Skibereen wrote:C(3) change the whole thing to "Acts of Sexual Violence" covers everything and saves characters.


I'll try to work that in, but I think "forced sterilization" should be specifically mentioned, because it otherwise may not be included.

Skibereen wrote:C(6) could be taken to mean a great many things it doesnt...just say kidnappings.


Forced disappearance has a pretty specific meaning; kidnapping is much more broad.

Skibereen wrote:C.(1) Delete this "Murder" it is already illegal and unless you intend on issuing billions of Murder Warrants this doesnt need to be here.

Loose C(7) all together its vague and I personally would vote against this predicated on that line of ambiguity alone.


Keep in mind that everything in subsection C only falls under ICC jurisdiction if "committed as part of a widespread, systematic attack against a civilian population of sapient creatures." Isolated incidents, or even a few isolated incidents, don't count. If government-supported militias are committing widespread murder against a suppressed indigenous population, that should be included.

IV(C)7 is vague, but it's meant to be inclusive. Now that I think about it, though, IV(C)2 includes "other cruel or degrading treatment." I may just put the word "inhumane" in there and get rid of IV(C)7.

OOC: I based my definition here roughly upon the RL ICC's definition of crimes against humanity. I think that's a very good place to start.

Skibereen wrote:XII. Unneeded emotional plea.


Ultimately I'm going to have to agree. I like that section, and it feels awkward to just end the resolution with just XI(H), but it pretty much has to be one of the first things removed.

I very much appreciate your helpful suggestions, Ambassador.

Charlotte Ryberg wrote:In my opinion, the honoured ambassador to Charlotte Ryberg feels that the International Criminal Court or any kind of arbitration may be best left at RP level, as this (closed RP) thread shows.


OOC: I actually think that the addition of an ICC could add new RP possibilities. In fact, RP is really the only way that ICC trials would play out. (By the way, that RP does look interesting. I haven't yet found the time to stray beyond the GA forum.)
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Binary Load Lifters
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Postby Binary Load Lifters » Thu Feb 25, 2010 11:53 pm

This resolution violates metagaming rules, and agree that this should be at RP level only.
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Quelesh
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Postby Quelesh » Fri Feb 26, 2010 1:00 am

Second draft has been posted to the OP. Among the changes:

1. Got rid of the Roman numeral section headers. They're nice, but they take up characters.

2. Removed a bunch of extraneous wording.

3. Removed a couple clauses (imprisonment and the catch-all clause) from the definition of crimes against humanity. Mass imprisonment is covered elsewhere, and the catch-all clause basically said "cruel, degrading or inhumane treatment," so I just added the word "inhumane" to the torture clause.

4. Added a right for defendants to call and examine witnesses.

5. Removed the language from the end of subsection H about a reversal of a conviction constituting an acquittal (i.e. requiring the release of the individual). That language was unnecessary because anyone would reasonably infer that.

The second draft saved over 1000 characters over the first! I need another 1100 though. As always, any comments or suggestions are very welcome.
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Postby Quelesh » Fri Feb 26, 2010 1:04 am

Binary Load Lifters wrote:This resolution violates metagaming rules, and agree that this should be at RP level only.


OOC: Do you mean by affecting non-member states? Earlier I gave my justification for why I don't think it's illegal for that reason, but, I admit, I base my opinion of its legality under that rule on a technicality (not requiring governments of non-member states to do anything in response to the warrant). I'm certainly willing to change it though if the mods tell me it's illegal.
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Gordonopia
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Postby Gordonopia » Fri Feb 26, 2010 1:09 am

The Emperor reserves the right to try any and all criminals the way that he chooses. These WA crybabies should be happy; EVERY crime in Gordonopia constitutes high treason and is punishable by death. There is no need for an international justice system. In fact, doing so would be a farce and would undermine the sovereignty of member nations. DOWN WITH THIS PROPOSAL!!!!!!!!
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Freeoplis
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Postby Freeoplis » Fri Feb 26, 2010 12:37 pm

We raise the following points:

Quelesh wrote:B. The ICC shall not convict a defendant unless his or her guilt has been proven beyond a reasonable doubt;

We would encourage the use of trial by jury in order to determine the "reasonable doubt" rather than a panel of judges to ensure a fair trial.

Quelesh wrote:E. Once acquitted of an offense by the ICC, no individual shall be tried again by the ICC or by any member state for the same offense;
.....
H. Convicts shall have the right to present to the ICC additional exculpatory evidence that was not available at the time of trial, and, upon the provision of sufficient evidence, the ICC may reverse a conviction at any time.

Allowing the accused to be tried again with the same evidence we agree with however we would like to allow for a retrial upon new evidence for the same offense. This would be consistant with the convicted individual having a right to appeal upon new evidence.
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Grays Harbor
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Postby Grays Harbor » Fri Feb 26, 2010 3:27 pm

Flibbleites wrote:Image

Why do people keep coming up with this misguided idea that the WA needs some sort of court? We've gotten along just fine without one for all this time why do we suddenly need one now?

Bob Flibble
WA Representative


Because there are those who cannot accept that a nation is quite capable of doing something on their own without the WA holding their hand.

The WA does not require a "court"
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Quelesh
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Postby Quelesh » Fri Feb 26, 2010 8:08 pm

Freeoplis wrote:
Quelesh wrote:B. The ICC shall not convict a defendant unless his or her guilt has been proven beyond a reasonable doubt;

We would encourage the use of trial by jury in order to determine the "reasonable doubt" rather than a panel of judges to ensure a fair trial.


I thought about that. Trial by jury is the ideal, but it's difficult to ensure a "jury of one's peers" in an international court. If the leader of a pro-government militia is put on trial for genocide in the ICC, would the court have to find unbiased citizens of that nation to serve on the jury? I'm not sure how that could be worked into the resolution (and my character count is already way too high).

OOC: Besides, since the gnomes are perfect in every way, they're guaranteed to be unbiased judges.

Freeoplis wrote:
Quelesh wrote:E. Once acquitted of an offense by the ICC, no individual shall be tried again by the ICC or by any member state for the same offense;
.....
H. Convicts shall have the right to present to the ICC additional exculpatory evidence that was not available at the time of trial, and, upon the provision of sufficient evidence, the ICC may reverse a conviction at any time.

Allowing the accused to be tried again with the same evidence we agree with however we would like to allow for a retrial upon new evidence for the same offense. This would be consistant with the convicted individual having a right to appeal upon new evidence.


I must disagree on that one. The intention of allowing that would be good, of course, but it would be ripe for abuse. A court (international or national) that really wanted to punish an individual who has already been acquitted could interpret almost anything as "additional evidence" justifying a retrial. In fact, prosecutors could withhold several items of minor evidence for this express purpose, to submit to the court in case of an acquittal to allow a retrial. Allowing any kind of double jeopardy is too much of a slippery slope, in my opinion.

I am grateful, honored ambassador, for your suggestions.
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Shazbotdom
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Postby Shazbotdom » Fri Feb 26, 2010 8:24 pm

"If this seriously makes it to the WA Floor and it looks like it is going to pass, the Empire will go on a murderous rampage within the nation that drafted this piece of shit legislation after burning the resolution in this very chamber."
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Postby Skibereen » Sat Feb 27, 2010 1:51 am

Fascinating.

We must in that event vote yes should this be put to a vote.

I yield.
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Burninati0n
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Postby Burninati0n » Sat Feb 27, 2010 6:17 am

No thanks.

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Quelesh
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Postby Quelesh » Sat Feb 27, 2010 7:52 pm

Third draft has been posted to the OP. Among the changes:

1. Removed some more extraneous wording from the preambulatory clauses.

2. Removed "or series of actions" from the genocide definition; it's unnecessary.

3. Combined two clauses of the war crimes definition (killing surrendered combatants and mistreating POWs) into one.

4. Removed "in occupied territories" from the mass internment clause and cleaned up the wording of the excessive destruction clause a little.

5. Removed the specific mention of rape from crimes against humanity, and instead incorporated it as "or acts of sexual violence" (though I still specifically mention forced sterilization).

6. Removed forced disappearance from the definition of crimes against humanity. I'd like to keep it, but I need to save on characters. Hopefully the "Ban on Forced Disappearances" proposal will pass, which would more than cover this.

7. Cleaned up the action clauses to remove unneeded wording.

Another almost 800 characters saved! Only need a little over 300 more. It's getting much more difficult to pare down.

Additional suggestions are always appreciated.
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Doomiedoomiedoom
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Ex-Nation

Postby Doomiedoomiedoom » Tue Mar 02, 2010 12:07 pm

APPALLED that sapient creatures are still subjected to genocide, enslavement, torture and other atrocities;


Such a wide net you're casting... But not wide enough What about robot people? It may also be too wide in other areas. My nation has the bone eating plant in it's swamplands... It shows a level of sentience (In the form of frequent tea parties), but eats my tourists bones. It's becoming a problem. Is that protected too?

I'm not sure how much support this will gain, because you're putting a lot of heads on the chopping block here. Or maybe just mine...
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Lowell Leber
Minister
 
Posts: 2123
Founded: Jan 27, 2010
Capitalist Paradise

Postby Lowell Leber » Tue Mar 02, 2010 12:18 pm

Grays Harbor wrote:
Flibbleites wrote:Image

Why do people keep coming up with this misguided idea that the WA needs some sort of court? We've gotten along just fine without one for all this time why do we suddenly need one now?

Bob Flibble
WA Representative


Because there are those who cannot accept that a nation is quite capable of doing something on their own without the WA holding their hand.

The WA does not require a "court"


The Armed Republic of Lowell Leber agrees with the well spoken represenative from Grays Harbor. This resolution, if passed, could cause a mass exodous of nations from the WA. This would be counter-productive to those who really want a stronger WA. We are not one of those nations, but the point is still valid.
IC The Leberite Empire


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

Postby Quelesh » Wed Mar 03, 2010 1:03 am

Doomiedoomiedoom wrote:
APPALLED that sapient creatures are still subjected to genocide, enslavement, torture and other atrocities;


Such a wide net you're casting... But not wide enough What about robot people?


If the robot people possess sapience, then they would be covered by this proposal.

Doomiedoomiedoom wrote:It may also be too wide in other areas. My nation has the bone eating plant in it's swamplands... It shows a level of sentience (In the form of frequent tea parties), but eats my tourists bones. It's becoming a problem. Is that protected too?


"A level of sentience" would not be enough for them to be included in the definitions in this proposal. Mice have a level of sentience too, but killing large numbers of mice isn't genocide. The plant creatures would have to be sapient to be protected by this proposal.
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Shazbotdom
Powerbroker
 
Posts: 8051
Founded: Sep 28, 2004
Anarchy

Postby Shazbotdom » Wed Mar 03, 2010 11:47 am

"I ask again, Why does the WA need such a rediculously unwaranted piece of shit legislation? Why can't the people and the national leaders and Judiciary Committe's of the various WA Member Nations just take care of matters such as this themselves? This will just create yet another unnessicary committee in which there will be one huge shitstorm of a burrocratic mess. Just axe this already and let us get on with our lives."
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Skibereen
Minister
 
Posts: 2724
Founded: Antiquity
Ex-Nation

Postby Skibereen » Wed Mar 03, 2010 1:38 pm

Your first argument was far more compelling .

I yield.
argumentum ad logicam, seriously think about it.

"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy."
James Madison
First in line for the pie in the sky

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