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[New draft] - Repeal "Diplomat Protection Act"

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Simone Republic
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[New draft] - Repeal "Diplomat Protection Act"

Postby Simone Republic » Sun Aug 20, 2023 2:35 am

This is a toned-down version of Cretox's repeal here, with a repeal/replace rather than a straight-forward repeal. I support granting diplomats some rights but not say allow them to park in New York without paying for parking tickets or for their families to drive and kill someone.

I am bumping this now that GA76 has been repealed.

Cretox State's original repeal:
viewtopic.php?f=9&t=523911

As posted on various discords, I have permission from Cretox to use his text when we collaborated again on various resolutions, most notably GAR#681 (non-compete clauses restraints). That said, this draft is dissimilar to Cretox's draft because Cretox was looking for a straight repeal, I am looking for a repeal-to-replace to remove certain cringe-worthy sections that go above and beyond the Vienna Convention such as "best healthcare" etc.

GA22 is here: https://www.nationstates.net/page=WA_pa ... /council=1
GA76 is here: https://www.nationstates.net/page=WA_pa ... /council=1

The repeal of GA76 is a necessity for reform on diplomatic immunity because clause 3 states:
"BELIEVING that foreign nationals, excluding diplomatic and consular officers, should abide by the laws of the nation in which they are present, though mindful of the variation in law and legal systems between nations"

Basically my plan is to restrict diplomats from misbehaving and that requires some work on repealing both laws.


Draft 2 - Simone Republic's draft
The World Assembly,

Convinced that international diplomacy is the bedrock of this body,

Concerned that the target, supposedly protecting diplomats, lacks clear definitions on what constitutes "diplomats", "family members" and various "immunit(ies)" in the first place;

Dismayed that the target grants carte blanche immunity to diplomats (and whatever distant family members, howsoever defined) to (mis)behave outside of their home states with limited recourse for those affected by such behaviour;

Noting that the target also creates numerous loopholes for exploitation, such as, for example:


  1. the target requiring 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 or in accordance with the priorities of the host nation (or that of its emergency services) in dire circumstances such as in natural disasters;
  2. the target resolution's blanket ban on nations searching or seizing the belongings of diplomats serving in that nation, even if the search or seizure is a routine security measure out of genuine necessity, or is necessary to stop an imminent threat to national security or people's lives;
  3. the target’s ill-defined judicial process for a diplomat, such as:

    1. confusion over presenting evidence of a crime "to the nation the diplomat is from" while banning critical ways to collect that evidence in the first place;
    2. protection for 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", but not exempting the said diplomat from prosecution when such a diplomat is outside of the relevant WA state;
    3. the target's requirement of a diplomat's home nation's agreement 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", thus creating a parallel process over and above a nation’s own judicial process;

Looking forward to a suitable replacement that properly governs relations between WA states;

Hereby repeals GA 22 "Diplomat Protection Act."




Cretox's original draft:

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:
is a routine security measure at a summit or other high-profile event,
is necessary to stop an imminent threat to national security or people's lives, or
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 Simone Republic on Thu Mar 28, 2024 10:22 pm, edited 17 times in total.
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Roadmap on the diplomatic/consular/immigration resolutions

Postby Simone Republic » Sun Aug 20, 2023 2:43 am

R&R - GA22 - Diplomatic Protection Act

Repeal written by Cretox to be revised by SR
Cretox's original - viewtopic.php?f=9&t=523911
SR's version - here

Replace pending SR

Replacement for GA22 requires repealing GA76 first, because both contain clauses granting certain immunities from criminal prosecution for diplomats, whereas I intend to scale back certain immunities to reflect the more current situation of diplomats not being granted the right to murders/rapes/double parking (especially in New York)/driving while drunk etc

R&R - GA76 - Standardized passport act

Two key issues: it allows passports to be issued to minors to be attached to a parent, which no longer suits the norms of a more diversified household that we have embraced since the passing of this resolution. Second issue is again the granting of diplomatic immunities which really isn't relevant to passports but is somehow included.

The repeal of GA76 is a necessity for reform on diplomatic immunity because clause 3 states:
"BELIEVING that foreign nationals, excluding diplomatic and consular officers, should abide by the laws of the nation in which they are present, though mindful of the variation in law and legal systems between nations"

Repeal by SR
viewtopic.php?f=9&t=536757

Replace by SR ("Passport Organization arrangements")
viewtopic.php?f=9&t=536755

R&R - GA164 - Consular Rights

Replace - new draft
viewtopic.php?f=9&t=538592

Original defeated resolution
viewtopic.php?f=10&t=527898

Replace failed once, to be redone - repeal would follow after replace as it is redundant after the replace is passed, given the replacement significantly expands the rights but does not take away any rights accorded by the preceding resolution

R&R - GA279 - Right of emigration
https://www.nationstates.net/page=WA_pa ... ?start=278

Repeal by SR:
viewtopic.php?f=9&t=535848

Replace by SR in terms of bail reform: (Bail Conditions Protocol)
viewtopic.php?f=9&t=535832

Replace by SR: (Dual Citizenship and Emigration)
viewtopic.php?f=9&t=535825

Identity documents issuance

This is largely stand-alone but it does actually extend some rights to refugees, asylum seekers etc., not previously granted. This has been submitted and is partly based off an IA draft from earlier and IA is a co-author.

viewtopic.php?f=9&t=533747
Last edited by Simone Republic on Fri Aug 25, 2023 6:56 pm, edited 9 times in total.
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Postby The Ice States » Sun Aug 20, 2023 4:16 pm

Simone Republic wrote:Draft 2 - Simone Republic's draft, toned down because I intend for there to be a replacement, just not fully



Cretox's original draft:

Ooc: I think you omitted a draft :p
Last edited by The Ice States on Sun Aug 20, 2023 4:17 pm, edited 1 time in total.
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Postby Hulldom » Sun Aug 20, 2023 11:09 pm

Sedgwick: "Well, unfortunately we are forced to oppose this at this time. Mainly because we cannot see it and therefore cannot pass judgment."
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Postby Sea Dome » Mon Aug 21, 2023 1:03 am

Looking good so far!
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Postby Chipoli » Tue Aug 22, 2023 4:03 pm

Opposed. No onsite draft.
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Postby Simone Republic » Tue Aug 22, 2023 4:19 pm

Chipoli wrote:Opposed. No onsite draft.


This is on hold as I am considering whether to bring in a coauthor to get the finer points right on the replacement - will revive later
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Postby Imperium Anglorum » Tue Aug 22, 2023 4:47 pm

Would it surprise you if I told you I have an old draft replacement?

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Postby Simone Republic » Tue Aug 22, 2023 6:11 pm

Imperium Anglorum wrote:Would it surprise you if I told you I have an old draft replacement?


Not really, you have a replacement for everything. Please provide draft... :bow:
Last edited by Simone Republic on Tue Aug 22, 2023 6:24 pm, edited 1 time in total.
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Postby The Ice States » Tue Aug 22, 2023 7:42 pm

I would advise against posting a drafting thread without any draft in it.
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Postby Chipoli » Wed Aug 23, 2023 8:11 am

Simone Republic wrote:
Chipoli wrote:Opposed. No onsite draft.


This is on hold as I am considering whether to bring in a coauthor to get the finer points right on the replacement - will revive later

My comment was tongue-in-cheek, but I do believe it's a good idea to have a draft ready to post on the forums.
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Postby Simone Republic » Thu Aug 24, 2023 7:03 pm

The Ice States wrote:
Simone Republic wrote:Draft 2 - Simone Republic's draft, toned down because I intend for there to be a replacement, just not fully



Cretox's original draft:

Ooc: I think you omitted a draft :p


Chipoli wrote:
Simone Republic wrote:
This is on hold as I am considering whether to bring in a coauthor to get the finer points right on the replacement - will revive later

My comment was tongue-in-cheek, but I do believe it's a good idea to have a draft ready to post on the forums.


Hulldom wrote:Sedgwick: "Well, unfortunately we are forced to oppose this at this time. Mainly because we cannot see it and therefore cannot pass judgment."


I know I screwed up.

A new draft has been uploaded. I originally had a co-author for the repeal and the replacement but that person has dropped out, so I ended up deleting the draft and putting it on hold while I sort out whether that co-author wants to participate. (I will not name names). The repeal is now solo under my own name as it's based on Cretox's draft and I have specific permission from him to use his drafts.
Last edited by Simone Republic on Fri Aug 25, 2023 5:10 am, edited 3 times in total.
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Postby Tinhampton » Thu Aug 24, 2023 8:57 pm

Support. If the WA does not want a resolution on blood sports, it will not get a resolution on diplomatic immunity.
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Postby The Ice States » Fri Aug 25, 2023 1:29 am

Tinhampton wrote:Support. If the WA does not want a resolution on blood sports, it will not get a resolution on diplomatic immunity.

Ooc: This is not a healthy approach to the GA. I support End Blood Sports and, in principle, this repeal, but I don't see why legislating on diplomatic immunity is mutually exclusive with one proposal banning blood sports not passing. The most compelling argument I can think of for this position is that banning blood sports shows a principle of the GA, such as Natsov, which would also contradict the principle of diplomatic immunity. However even so this would be quite a weak argument. Vote based on what you believe, not what you think a majority of everyone else believes. In addition, I see no reason to believe that Natsov or some other like principle is the primary reason End Blood Sports is being voted down; it seems to be perceived issues with the text, eg [1]. Finally, even in an alternate universe where that is a compelling argument, this does not at all seem to be the reason for what you are saying. "It will not get" seems to indicate that you don't want a resolution on diplomatic immunity to exist, regardless of the desires of the rest of the GA.

Regarding the draft itself, Section 3 has a grammar error, "allowance nations". Insert "of" or something to that effect between those two words. No emphasis is, in fact, added in Section 4. I don't think the example Section 1 is very compelling as written; there's no reason to discriminate in favour of heads of state in providing healthcare (which is arguably corruption on the part of said heads of state). The more compelling example would be to specifically state a situation where the same goal can be achieved without "the best medical care on hand"; for example there's no need to prefer delivering a diplomat to Clinique La Prairie instead of the nearest relevant health clinic.
Last edited by The Ice States on Fri Aug 25, 2023 1:33 am, edited 1 time in total.
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Postby Simone Republic » Fri Aug 25, 2023 3:12 am

The Ice States wrote:
Regarding the draft itself, Section 3 has a grammar error, "allowance nations". Insert "of" or something to that effect between those two words. No emphasis is, in fact, added in Section 4. I don't think the example Section 1 is very compelling as written; there's no reason to discriminate in favour of heads of state in providing healthcare (which is arguably corruption on the part of said heads of state). The more compelling example would be to specifically state a situation where the same goal can be achieved without "the best medical care on hand"; for example there's no need to prefer delivering a diplomat to Clinique La Prairie instead of the nearest relevant health clinic.


I've rephased large parts of the clauses, as Cretox's original draft is much snarkier than what I usually write in the GA (of course I am snarky as well on Discord). So criticism of the preamble has been removed. It now concentrates simply on two points:

1. There's wide scope for misbehaviour (such as the case for the death of Harry Dunn) - which of course involved US personnel driving and killing a UK person, and President Donald Trump trying to buy off the parents Harry Dunn with a cheque for compensation given the uproar in the UK

https://en.wikipedia.org/wiki/Death_of_Harry_Dunn

2. There's a lack of definition of what constitutes "diplomats", "family members" and "immunity" in the first place, which again gives far greater leeway to interpretation than the Vienna Convention in real life - the Harry Dunn is an illustration of this as the US claimed diplomatic immunity for family members despite the fact that officers in RAF Croughton would not receive immunity themselves
Last edited by Simone Republic on Fri Aug 25, 2023 3:15 am, edited 1 time in total.
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Postby Tinhampton » Fri Aug 25, 2023 11:16 am

The Ice States wrote:...I don't see why legislating on diplomatic immunity is mutually exclusive with one proposal banning blood sports not passing. [...]

A society which gives legal rights to privileged political appointments that already have them in spades while denying legal rights to physically-endangered animals that don't have any deserves neither.
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Postby Sea Dome » Fri Aug 25, 2023 12:25 pm

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Postby The Ice States » Fri Aug 25, 2023 7:14 pm

Tinhampton wrote:
The Ice States wrote:...I don't see why legislating on diplomatic immunity is mutually exclusive with one proposal banning blood sports not passing. [...]

A society which gives legal rights to privileged political appointments that already have them in spades while denying legal rights to physically-endangered animals that don't have any deserves neither.

This seems to be an emotional argument more than anything. Present a rational, objective policy argument instead of an appeal to emotion. In addition, this is one proposal being rejected primarily based on perceived issues with the proposal, rather than opposition to the concept; so this is ultimately irrelevant in any case. That this one proposal is being rejected does not mean that future ones will be.
Last edited by The Ice States on Fri Aug 25, 2023 7:16 pm, edited 1 time in total.
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Postby Sea Dome » Fri Aug 25, 2023 8:05 pm

The Ice States wrote:
Tinhampton wrote:A society which gives legal rights to privileged political appointments that already have them in spades while denying legal rights to physically-endangered animals that don't have any deserves neither.
This seems to be an emotional argument more than anything. Present a rational, objective policy argument instead of an appeal to emotion. In addition, this is one proposal being rejected primarily based on perceived issues with the proposal, rather than opposition to the concept; so this is ultimately irrelevant in any case. That this one proposal is being rejected does not mean that future ones will be.
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Postby Simone Republic » Thu Dec 14, 2023 10:16 pm

A gentle reminder that this draft still exists and is slowly moving towards completion over 2024 as I slowly replace much of the body of law on citizenship in GA.
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Postby Simone Republic » Thu Jan 18, 2024 6:19 pm

Bump as the repeal/replace of GA76 is also getting closer.

There's still no replacement yet.
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Postby Iron Felix » Thu Jan 18, 2024 9:04 pm

Unconditional support for this and all of your other repeal efforts.
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Postby Urgench » Fri Jan 19, 2024 6:29 pm

OOC: bringing this up here since I've also mentioned this elsewhere but your repeal seems to be based largely on the argument that successive resolutions have amended or contradicted the resolution you're trying to repeal. If that's true then those resolutions themselves should never have come to vote and should be repealed themselves for violating the rules? Also the tone of your opening post in this drafting thread is pretty... extraordinary frankly. You talk about what you are willing to allow as though the WA is mostly just a stamping house for your personal preferences. Whatever the case may be Urgench will oppose this repeal IC.
Last edited by Urgench on Fri Jan 19, 2024 6:38 pm, edited 1 time in total.
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Postby Simone Republic » Thu Mar 28, 2024 10:24 pm

I am bumping this now that GA76 has been repealed. The next mountain to climb I guess is the replacement.

Cretox originally supported "no replacement", I kind of support "some replacement for the protection of diplomats, but not the type that allows them to basically go on killer rampages". I don't really know where the balance should be struck. Any thoughts appreciated.
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