[GA] At Vote: Protected Status in Wartime [Complete]

Separatist Peoples

Separatist Peoples

TNPer
GENERAL ASSEMBLY PROPOSAL
ID: separatist_peoples_1435767856

Protected Status in Wartime

A resolution to improve worldwide human and civil rights.

Category: Human Rights | Strength: Significant | Proposed by: Separatist Peoples​

Description: Praising the protected status accorded to certain parties in armed conflict;

Echoing the notion that such protections are developed in the interest of all parties, civilian and combatant;

Appalled at their abuse, which inherently degrades those mutual restraints and makes the conclusion or relief of a conflict a distant goal;

Certain that the few, necessary restrictions on warfare that this august Assembly has sought to emplace to be a fair balance between strategic interests and civilian protection, and;

Endeavoring to prevent those abuses that do equal harm to innocent bystanders and civilians and the brave soldiers proudly serving their nation’s highest call to duty;

The General Assembly enacts the following measures:

1.During a time of armed conflict, member states’ combatants shall not falsely utilize the protected status accompanying the symbols or uniforms unique to humanitarian relief workers or organizations, or unarmed medical personnel.

2.During a time of armed conflict, member states’ combatants shall not falsely utilize the protected status accompanying the symbols or uniforms of neutral or uninvolved parties with the intention of engaging the enemy, shielding themselves from enemy action, otherwise disguising forces to execute a military objective, or for the general purpose of upsetting the neutrality of any party.

3.During a time of armed conflict, member states’ combatants shall not utilize the protected status of civilian noncombatants by disguising themselves as such with the intention of engaging the enemy, shielding themselves from enemy action, or to otherwise execute a military objective, with the singular exception of those individuals escaping Prisoner of War status as defined by WA law. Member states’ combatants are not restricted from utilizing civilian equipment or clothing, provided they alter or mark them in a clear and obviously recognizable way so as to prevent being mistaken for civilians, or otherwise remain immediately recognizable as combatants.

4.During a time of armed conflict, member states’ combatants shall not falsely utilize the protected status guaranteed to any other particular category or group of individuals and their associated symbols, subject to the immunities and exceptions granted by General Assembly law.

5.Member states shall consider actions contrary to the provisions of this law to be an abuse of protected status in wartime, and therefore an illegal war crime.

6.Member states shall consider command responsibility in the prosecution of the abuse of protected status in wartime, and shall consider orders to the contrary of these provisions to be manifestly illegal. Member states shall further ensure that subordinates can refuse such orders without fear of penalty.

7.Nothing in this law shall be construed as preventing ruses or deceptions in armed conflict that do not rely upon deception by inviting the confidence of an enemy with regard to protected status under World Assembly law.
Click to expand...

For, Against, or Abstain.
 
Ministry Determination
Vote Recommendation: FOR

I realize that I do, in fact, have a horse in this race, but I've consistently sworn to be impartial, and I have no intention of being any less so for my proposal.

As you can see, this proposal does several things. As I outlined in my campaign telegram:

Protected Status in Wartime does NOT:
- Prevent nations from using the uniforms of their enemies to deceive and confuse in battle;
- Hinder Prisoners of War from abandoning their uniforms to escape capture;
- Inhibit the use of a wide variety of ruses and deceptions in war to catch the enemy off-guard and unawares.

Protected Status in Wartime does:
- Protect neutral states from having their insignia abused and be forcibly drawn into conflicts;
- Prevent military units from posing as humanitarian workers, both protecting humanitarian workers from suspicion and potential assault, and ensuring your troops don't make tragic mistakes in the heat of the moment;
- Stop the use of ununiformed troops from posing as civilians, reducing instances of state terrorism and ensuring troops needn't deliberately target civilians unlawfully, fearing for their own safety.
Click to expand...


The proposal fits directly in with the existing legislation on war crimes: It determines what the crime is and what kind of crime a violation is, offers protections to the innocents who are often caught in conflict zones, and, above all else, strikes a very fair balance between human rights and inevitable needs of war.

Perhaps most important is that this legally protects the ability for nations to utilize their enemy's uniforms, protecting spies, saboteurs, and special forces units for very specific missions, while not creating a system that can be widely abused. However, despite all this, the symbols that nations rely and trust are protected and preserved, which keeps the relations between nations cohesive and above-board.

In light of the significant pains I have taken in preserving national sovereignty and human rights, it is the determination of the WA Ministry that it is in the best interests of The North Pacific and her citizens to vote FOR.
 
Separatist Peoples:
- Stop the use of ununiformed troops from posing as civilians, reducing instances of state terrorism and ensuring troops needn't deliberately target civilians unlawfully, fearing for their own safety.
Click to expand...
My problem with this is that in times where a government has been forced into an insurgency - either following an invasion or coup - it isn't really going to have access to making or maintaining uniforms - nor would wearing uniforms help their aims.
 
Nierr:
Separatist Peoples:
- Stop the use of ununiformed troops from posing as civilians, reducing instances of state terrorism and ensuring troops needn't deliberately target civilians unlawfully, fearing for their own safety.
Click to expand...
My problem with this is that in times where a government has been forced into an insurgency - either following an invasion or coup - it isn't really going to have access to making or maintaining uniforms - nor would wearing uniforms help their aims.
Click to expand...
Much like the IRA or ISIS managed to keep their fighters identifiable, a uniform in the traditional sense isn't mandatory. You simply need your troops to be immediately identifiable. So parts of your standard issue gear in addition to civilian clothing would count. Even Saddam's paramilitary death squads would have met this criteria based on the markings of their vehicles during the Second Gulf War.

Supporting insurgency is an incredibly dangerous like that toes state-sanctioned terrorism. However, given the limited requirements, as the fact that an underground government would most likely fail to retain WA membership through a variety of other legal complications, it seems a rather di minimus issue.
 
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.
 
You must log in or register to reply here.
Back
Top