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[DRAFT] Repeal "Diplomat Protection Act"

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Cretox State
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[DRAFT] Repeal "Diplomat Protection Act"

Postby Cretox State » Thu Sep 15, 2022 12:21 pm

Submission priority: Medium.

Repeal "Diplomat Protection Act"
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Category: Repeal | Target: GA 22 "Diplomat Protection Act" | Replacement: None. The target does basically nothing beneficial, and nations can be trusted to negotiate the specifics of diplomatic immunity arrangements themselves.

The World Assembly,

Convinced that international diplomacy is the bedrock of this body,

Also convinced that GA 22 "Diplomat Protection Act" so utterly fails at advancing international diplomacy that it's unfit to serve as bedrock for anything other than a sanitary restroom experience,

Confused that the target resolution's preambulatory clauses are mutually contradictory, first denouncing the ability of nations to restrict diplomats and claiming that diplomats are necessary, then claiming that diplomatic immunity is something that nations must agree on between themselves,

Puzzled that the target's definition of a diplomat inexplicably excludes all diplomatic personnel with local citizenship, including ambassadors and their support staff,

Annoyed that the target mandates that all diplomats to the World Assembly automatically receive diplomatic immunity, despite the resolution's diplomatic immunity protections being nonsensical in this case due to the Assembly not being a nation,

Befuddled that the target does not clarify how this "automatically granted" diplomatic immunity is to be revoked, or whether it even can be revoked,

Outraged that the target requires host nations to "provide the diplomat with the best medical care on hand in cases of emergency" even if that specific care isn't actually necessary, potentially forcing nations to prioritize the care of random foreign luggage handlers over that of their own heads of state in an emergency,

Frustrated by the target's blanket ban on nations searching or seizing the belongings of diplomats serving in that nation, even if the search or seizure:
  1. is a routine security measure at a summit or other high-profile event,
  2. is necessary to stop an imminent threat to national security or people's lives, or
  3. was specifically requested by the nation a diplomat is representing,
Perplexed that the target allows nations to present evidence of a crime "to the nation the diplomat is from" while banning critical ways to collect that evidence in the first place,

Confounded that the target protects diplomats whose diplomatic immunity has been revoked from "prosecution for suspected crimes that occurred during the immunity by the nation in which they are serving" (emphasis added), meaning that a diplomat can easily be prosecuted in this way as soon as they're reassigned from that nation,

Uncertain why the target requires the agreement of a diplomat's home nation in order for a nation to detain that diplomat for longer than 24 hours even if "they serve a direct threat to the wellbeing of others,"

Entertained by the fact that these inane provisions incentivize members to simply not bother with diplomatic immunity in the first place,

Adding that members can just sidestep many of the target's mandates regarding diplomatic immunity by granting diplomats "privilege" or "indemnity" instead, or just not granting immunity of any form at all, and

Believing that nations are perfectly capable of negotiating mutually beneficial arrangements regarding their diplomats, especially given how important such arrangements are to the success of any broader diplomatic efforts between them,

Hereby repeals GA 22 "Diplomat Protection Act."
Last edited by Cretox State on Sun Jun 11, 2023 10:24 am, edited 5 times in total.
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Cretox State
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Postby Cretox State » Thu Sep 15, 2022 12:21 pm

Reserved.
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Simone Republic
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Postby Simone Republic » Thu Jan 12, 2023 5:34 am

This is next on my cards (with a replacement) if the repeal of #164 goes through.
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Kenmoria
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Postby Kenmoria » Thu Jan 12, 2023 9:51 am

Simone Republic wrote:This is next on my cards (with a replacement) if the repeal of #164 goes through.

(OOC: Is that this draft in particular, or the concept of a repeal in general? In either case, I will give my support now.)
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Simone Republic
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Postby Simone Republic » Mon Jan 16, 2023 5:42 am

Kenmoria wrote:
Simone Republic wrote:This is next on my cards (with a replacement) if the repeal of #164 goes through.

(OOC: Is that this draft in particular, or the concept of a repeal in general? In either case, I will give my support now.)


I am waiting for IA to eventually get around to reading my repeal of GA #164 because of terminology issues, but I will redraft this and push a replacement out soon because of the same issue as the hydraulic fracking repeal: I did some research on Cretox's draft but Cretox CTE'd. So I need to rewrite.
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Cretox State
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Postby Cretox State » Sat Jun 10, 2023 6:11 pm

Bump.
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Postby Imperium Anglorum » Sat Jun 10, 2023 8:04 pm

Orange Julius recipes

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Cretox State
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Postby Cretox State » Sat Jun 10, 2023 8:20 pm

Imperium Anglorum wrote:
Orange Julius recipes

This is a real life reference.

Removed. It wasn't that funny anyway. Also added a line about partial redundancy with Consular Rights.
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Simone Republic
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Postby Simone Republic » Sun Jun 11, 2023 8:21 am

Actually, GA#164 does not particularly grant rights to *diplomats" specifically. It grants rights to diplomats to help citizens, but not necessarily themselves unless they themselves are accused of crimes.

My tentative replacement of GA164 (less a replacement than a superceding) does give more rights to diplomats but they are no different to ordinary citizens. So right to interpreters, the right to be visited in prisons, or the right to be repatriated to the home nation if they die abroad.

viewtopic.php?f=9&t=527898

Also on discord, I am thinking of adding somewhere in a related resolution that "no consular official may be held against their will solely due to them carrying out diplomatic duties on the instruction of their home state"

So they can be held for plunder, pillaging, reckless driving on the wrong side of the road or just being an annoying drunk - this is just following on from convention that if King A sends Messenger B to King C to declare war, King C can reply by declaring war but not shoot the messenger. Otherwise the occupational hazard of a diplomat seems to have been jacked up massively.
Last edited by Simone Republic on Sun Jun 11, 2023 8:43 am, edited 1 time in total.
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Cretox State
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Postby Cretox State » Sun Jun 11, 2023 10:25 am

Simone Republic wrote:Actually, GA#164 does not particularly grant rights to *diplomats" specifically. It grants rights to diplomats to help citizens, but not necessarily themselves unless they themselves are accused of crimes.

You're right. Removed that line.
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Simone Republic
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Inoffensive Centrist Democracy

Postby Simone Republic » Wed Jun 14, 2023 1:33 am

Simone Republic wrote:Actually, GA#164 does not particularly grant rights to *diplomats" specifically. It grants rights to diplomats to help citizens, but not necessarily themselves unless they themselves are accused of crimes.

My tentative replacement of GA164 (less a replacement than a superceding) does give more rights to diplomats but they are no different to ordinary citizens. So right to interpreters, the right to be visited in prisons, or the right to be repatriated to the home nation if they die abroad.

viewtopic.php?f=9&t=527898

Also on discord, I am thinking of adding somewhere in a related resolution that "no consular official may be held against their will solely due to them carrying out diplomatic duties on the instruction of their home state"

So they can be held for plunder, pillaging, reckless driving on the wrong side of the road or just being an annoying drunk - this is just following on from convention that if King A sends Messenger B to King C to declare war, King C can reply by declaring war but not shoot the messenger. Otherwise the occupational hazard of a diplomat seems to have been jacked up massively.


I have submitted mine as:
https://www.nationstates.net/page=UN_vi ... 1686730436

This is really focused on improving the services provided by GAR164 and not really related to any specific protection for diplomats.

And support by the way now that Cretox has un-CTEd.
Last edited by Simone Republic on Sat Jun 17, 2023 2:53 am, edited 1 time in total.
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Simone Republic
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Postby Simone Republic » Sun Aug 20, 2023 2:20 am

I have permission (as cross-posted in NSWA Discord) from Cretox to use his pre-CTE drafts and will take this draft over.
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