[Completed] Compliance Commission [Complete]

Sil Dorsett

Sil Dorsett

The Belt Collector
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Deputy Speaker
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TNP Nation
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Discord
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Category: International Security
Strength: Mild
Proposed by: Imperium Anglorum
Onsite Topic

Concerned that nations are unwilling to prosecute violators of World Assembly legislation and actively destroying evidence of crimes against humanity,

Asserting that members have an obligation to comply with policies enacted by the democratic mandate of the World Assembly as they have consented into its jurisdiction, and

Believing that cases of non-prosecution or destruction of evidence ought be investigated and archived so that a more objective conception of the truth can be established for future reference,

This august World Assembly hereby:

1. Establishes and empowers the WACC, hereafter referred to as the Compliance Commission, to conduct investigations on matters vis-à-vis observance with World Assembly resolutions and thereby establish an impartial and objective factual basis for future claims of jurisdiction and prosecutions thereof;

2. Requires both civilian and military police forces to create a liaison point with the Commission to provide evidence on war crimes in particular and adherence to WA legislation in general, and to those ends, demands that documents requested by the Commission not to be destroyed and to be handed over promptly so long as state security permits;

3. Permits the Compliance Commission, in specific investigations, to accept information and data which are presented by non-member nations and nations not party to that investigation; allows the Compliance Commission to request the assistance of nearby nations to more accurately assess and access the facts of the matter under investigation;

4. Strongly encourages nations to cooperate with the Compliance Commission on matters relevant to their security and conduct their own investigations into compliance with World Assembly resolutions as soon as possible; mandates the Compliance Commission inform nations of the passage of legislation, promulgation of regulations, or enactment of administrative policies relevant to their nation; and

5. Reminds member nations that this resolution establishes the Compliance Commission as a truth-seeking commission and does not grant it the ability to enforce or compel warrants, subpoenas, or judicial action on any nation, its leaders, or its citizens.
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Please vote For, Against, Abstain, or Present.

[wavote=the_north_pacific,ga]2016_12_08_compliance_commission[/wavote]
[wavote=world,ga]2016_12_08_compliance_commission[/wavote][/spoilers]
 
The resolution currently at vote was the subject of a contentious ruling by the GA Secretariat. At issue here is the use of the name "Compliance Commission", which is the name of the body that regularly sends telegrams to WA member nations. Per Christian Democrats, who dissented from the GA Secretariat decision, "In the same way that the widely accepted theatrical convention against 'breaking the fourth wall' prevents confusion among the audience, the Metagaming Rule is, in part, supposed to prevent confusion among ordinary players."

The author disingenuously claims that this resolution does not create a committee called the Compliance Commission, even though the title of the resolution is "Compliance Commission". In addition, the first action clause states that it "[e]stablishes and empowers the WACC, hereafter referred to as the Compliance Commission...". One can infer that "WACC" is an abbreviation for World Assembly Compliance Commission, the exact same name already used by the WA. We believe this resolution violates the Metagaming Rule, and will confuse casual players.

For these reasons, the Ministry of World Assembly Affairs recommends a vote against the resolution.
 
I would like to note that the proposal is not illegal per the ruling delivered by the GA secretariat here: http://forum.nationstates.net/viewtopic.php?p=30574358#p30574358.

What the proposal does, to be clear, is create an investigative commission. Foremost to the goal of stopping war crimes and the crimes against humanity is the creation of a body which would investigate those violations. Before the creation of a police service or a Court, we must have a factual basis upon which to litigate. That means that investigations must be held.

That is what the proposal does. It creates a committee which would look into possible violations of World Assembly legislation. And that is better than the status quo, where it is easy to sweep such crimes under the rug.
 
Imperium Anglorum, if this resolution were to pass, would there be a future resolution to establish a police service or court to prosecute and/or litigate violations of World Assembly resolutions based on investigations performed under this resolution? The concern I raised in my initial vote was adding bureaucracy for no gain. If my concern would be mitigated by a future WA resolution, it may impact my vote. However, at the same time, I ask why such a police service or court was not added to this resolution. Additionally, if a 2nd resolution were to be introduced, how would it avoid the House of Cards rule?
 
Sil Dorsett:
Imperium Anglorum, if this resolution were to pass, would there be a future resolution to establish a police service or court to prosecute and/or litigate violations of World Assembly resolutions based on investigations performed under this resolution? The concern I raised in my initial vote was adding bureaucracy for no gain. If my concern would be mitigated by a future WA resolution, it may impact my vote. However, at the same time, I ask why such a police service or court was not added to this resolution. Additionally, if a 2nd resolution were to be introduced, how would it avoid the House of Cards rule?
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A future resolution to establish a court would require the repeal of On Universal Jurisdiction, which has been in the works for some time. The reason why it was not added to this resolution is because doing so would violate On Universal Jurisdiction. Secondarily, its non-inclusion makes it harder to repeal the relevant resolutions.

It would avoid the House of Cards rule because the House of Cards rule does not apply to committees, as committees can be extended and reused.
 
In my opinion, it's a necessary institution with its well-defined capacities and responsibilities. I vote for.
 
Imperium Anglorum:
It would avoid the House of Cards rule because the House of Cards rule does not apply to committees, as committees can be extended and reused.
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I was referring to a future court resolution, assuming On Universal Jurisdiction were repealed, being dependent on this resolution, such as explicitly saying a court would litigate matters discovered through the Compliance Commission. I guess still need to figure how exactly that rule works.

Since it sounds like something will eventually be done with the information gathered by this committee, I consider my prior concern resolved. Having no further concerns, my vote...


For
 
The creation of this, ostensibly, fact-finding committee seems to be a precursor to the further development of a supranational entity excercising judicial power and authority with regards to WA law. I do not support such a development of the WA.

Compliance with WA legislation by individuals can already, and rightly, be ensured through domestic institutions.
Compliance with WA legislation by member nations can already be ensured through the Security Council.

I see little justification or need for reform at this time.

I further have concerns with the name of this proposed committee, "Compliance Commission"; it is identical to an already extant entity of the WA. (This was also highlighted by Christian Democrats in their dissenting opinion on the legality of this proposal)


Against.
 
Unimaginable Doom:
Compliance with WA legislation by member nations can already be ensured through the Security Council.
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This is actually impossible. The SC cannot do that, and even if it did have such power, it would never get exercised (oh, and we would have to condemn everyone).

Unimaginable Doom:
I further have concerns with the name of this proposed committee, "Compliance Commission"; it is identical to an already extant entity of the WA. (This was also highlighted by Christian Democrats in their dissenting opinion on the legality of this proposal)
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No committee is created called Compliance Commission. The establishment clause (§ 1) says "Establishes and empowers the WACC", so no committee name is shared.
 
Against. It's just too meta-gamey for my taste. It might be legal but that doesn't mean I can't feel that this is just not something the WA should be legislating on. That's aside from the vibes of attempting to make the WA a world government.
 
Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
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