Repeal "Multilateral Prosecution Act"
Category: Repeal |
Resolution: #99 |
Proposed By: Mousebumples
Argument: THE GENERAL ASSEMBLY:
APPLAUDS the efforts made by this resolution to ensure that certain rights are extended to stateless individuals when captured by a joint effort of multiple WA member nations.
BELIEVES that the WA should ensure that due process and detainment rights should be equal among those that are citizens and legal residents of a given nation and with those that are stateless individuals.
RECOGNIZES that this resolution does nothing to provide protection for stateless individuals who are captured by a single WA member nation.
UNDERSTANDS that the resolution in question creates a separate process and set of protocols for trying stateless individuals outside of the typical legal channels within WA member nations, which results in the following issues:
- Individuals may become stateless by choice, should they prefer to take their risks at trial through this less used process;
- Stateless individuals may elect to declare a nationality simply to avoid the ICMP process; and
- The resolution implies that the lives and/or rights of stateless individuals are valued differently than those who have a stated nationality, which is not something that the World Assembly should endorse within its resolutions.
REALIZES that while the resolution in question establishes the ICMP as a Courthouse, it never establishes any sort of committee or organization to coordinate the actions or functions of aforementioned courthouse. This leads to the Courthouse, an inanimate object, being charged with the following duties:
- Clause 3: to protect the detainee from outside forces, ensure their continued detainment, and provide them with the freedoms and rights established by WA law;
- Clause 4: to try accused stateless detainees;
- Clause 5: to develop a proper arrangement for trying the accused;
- Clause 6: to determine appropriate sentences;
- Clause 7: to observe the use of facilities used for said sentences; and
- Clause 8: to use discretion to determine appropriate reimbursement for those found innocent of some or all of their charged crimes.
WONDERS why the resolution in question does not properly acknowledge the lack of efficacy of repealed legislation as Section 5(b) states: "
Shall reflect the legal and judicial systems that the World Assembly promotes for member nations in its future, and past regulations", which could result in the ICMP continuing to follow the direction of resolutions that were repealed with good reason.
DECLARES the importance of assuring the establishment of the rights of due process and detainment for stateless individuals.
HOPES for an appropriate piece of replacement legislation that would provide for equality in rights awarded to ALL individuals within WA member nations, be they stateless or not.
REPEALS GAR#99, "Multilateral Prosecution Act."
