A Point of Concern

[Eluvatar]

Reviewing new laws and treaties, I find that we have committed to something but failed to follow through.

(c.) TNP and Europeia will each make it a violation of their internal laws to spy on the other, if a similar or related law to the same effect does not already exist. To the extent permitted by each region's laws, this Section 2(c.) shall be deemed self-executing.

However,

1. No criminal case may be brought before the Court of the North Pacific against any citizen for any crime not listed in the Criminal Code.

Espionage is defined as:

6. "Espionage" is defined as the use of a Nation or Persona within The North Pacific for the purpose of gathering information for a group or region not officially sanctioned by the lawful government of The North Pacific as governed by the Constitution and the Bill of Rights.
7. The information gathered must be of a nature that a person that has not registered on the official forums or attained public office would be unable to access it without cracking technical security measures.

No other crime is defined which could conceivably apply to espionage against Europeia. Therefore, as TNP law prohibits such self-executing criminal law in Treaties, it is not a crime in TNP to spy on Europeia, despite our August promise to Europeia to criminalize such. I would strongly recommend to the Regional Assembly that it take one of the following steps:

1. Expand the definition of Espionage to "regions with which TNP has agreed by treaty to prohibit espionage by TNP citizens against" or similar, and add a list clause similar to the list clause for our treatied allies.
2. Add a new criminal offense which covers espionage against such regions and/or Europeia specifically.
3. If the Regional Assembly is unwilling to take steps (1) or (2), it should repeal the treaty as written and ask for a renegotiation of the text.

As an aside, if I may make a formal inquiry of the Speaker, is the Speaker certain that the Treaty of Friendship is an "Alliance" in the sense expected by the Criminal Code? Edit: Silly. The Treaty, despite being named a "Friendship" treaty, has a mutual defense clause.

Thank you, diligent reader, for entertaining this concern.

 

[Chasmanthe]

Well spotted! Thank you for bringing this to the RA's attention. Hopefully an amendment can be made soon.

 

[Crushing Our Enemies]

I wonder if it is possible that the Oaths Amendment Bill takes care of this. Is it a violation of the RA member oath to violate a term of our treaty with Europeia?

 

[Eluvatar]

It might, given that one could argue that Treaties are "laws" in the sense of the oath. However, it would only apply to Regional Assembly members while they are Regional Assembly members, and not to Citizens. It would also only apply by a somewhat questionable interpretation. I wouldn't advise relying on it.

It would be a step away from the intended comprehensive nature of the Criminal code. I think that would be bad.

 

[Eluvatar]

As regards the discussion of this matter in the Regional Assembly, I would agree with Grosseschnauzer that it would be preferable to have generic language which can be updated by the Speaker if similar treaties are adopted in the future, similar to the clause regarding treason and our treatied allies.

 

[Crushing Our Enemies]

Perhaps a new crime for breaking provisions of treaties in general? That would allow that provision to be truly self-executing.

 

[Eluvatar]

Perhaps a new crime for breaking provisions of treaties in general? That would allow that provision to be truly self-executing.

That would mean that one would have to read the entirety of all of our treaties to read our Criminal Code.

It would be a step away from the intended comprehensive nature of the Criminal code. I think that would be bad.

 

[Crushing Our Enemies]

Yeah, you're right. That wouldn't be good. I'd be in favor of general language and a list clause, in light of that.