[Proposal] Merilian Amendments to the AoN Charter

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Nightsong

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The Office of International Services of The Rose League wishes to put forward the following proposals for discussion by the members of the Assembly of Nations. One proposal carries the current title of 'AoN Charter Amendment - Enforcement of Injustices Against Humanity' and the second proposal carries the current title of 'AoN Charter Amendment - Defining the Declarations of War'. Both of the proposals were authored by Elizabeth O'Shea, The Rose League's representative to the International Association of Nations.

Both of these amendments are designed to amend and add to the current charter of the International Association of Nations. The use of the term 'article' is for discussion purposes only and more concrete headings shall be discussed and decided upon should these amendments pass. While the proposed amendments mention the Criminal Court of Eras due to being written by The Rose League, you may substitute in the War Criminal Tribunal if that is indeed the criminal court that gets passed.

AoN Charter Amendment - Enforcement of Injustices Against Humanity:
Article I:
Matters of conflict within a nation or issues of human rights can only be acted upon by the International Association of Nations upon determining the existence of any threat to the peace, breach of the peace, or act of aggression to other nations and shall make recommendations, or decide what measures shall be taken to maintain or restore international peace and security.

Article II:
(1) Breaches of human rights and other matters of international interest, not associated with a declared war, police action, or limited engagement, are to be treated as matters of sovereign authority. The Criminal Court of Eras shall only act upon these matters as prescribed in the Rose Statute, where and when authorized by the sovereign power relinquishing authority, and in areas where no authority exists (failed states).
(2) Police action is to be defined as military intervention of limited scale or short to medium-short in duration; as well as military operations that are defensive or humanitarian in nature.
(3) Limited engagements are defined as a military attack which results in, was intended to result in, or is claimed to have resulted in only damage to the intended legitimate military target, and none or minimal collateral damage to surrounding structures, vehicles, buildings, or the general public infrastructure and utilities. Limited engagements are brief in nature.
(4) Pertaining to members of the International Association of Nations, the membership, through the Council of Nations may call upon the Criminal Court of Eras, an associated semi-autonomous body to take action. Receiving notification of war crimes, the Criminal Court of Eras may call upon the International Association of Nations to authorize action.

Article III:
In order to prevent an aggravation of the situation, the Council of Nations may, before making the recommendations or deciding upon what measures should be taken, call upon the parties concerned to comply with such measures as it deems necessary or desirable. Such measures shall be without prejudice to the rights, claims, or positions of the parties concerned.

Article IV:
(1) The Council of Nations may decide what measures are to be employed to give effect to its decisions, and it may call upon the Member States of the International Association of Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
(2) Furthermore, the International Association of Nations in conjunction with the Criminal Court of Eras may take interest in matters of breaches of natural human rights or threats to world peace and security and may place sanctions upon the nation in question to attempt compliance but will not breach the sovereignty of that nation if they have not breached international peace.

Article V:
(1) When the international community takes a heightened interest in an armed conflict, civil or international, and only in cases where they have knowledge or strong reason to suspect war crimes are being committed may they pass a resolution directing the Criminal Court of Eras to begin investigations into these matters. At this point the Council of Nations may draw from the ranks of willing neutral parties, 'peacekeepers’,' to enter the conflict zone as CCE observers to collect evidence and arrest suspects. This force will continue to be in active service until the resolution of the war and a defined period after.
(2) Statutes of limitations will be established for crimes to prevent participants in wars from potential persecution in perpetuity and the degradation of evidence, witness testimony, and other matters that occurs with time.
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AoN Charter Amendment - Defining the Declarations of War:
Article I:
Member States of the International Association of Nations shall make all reasonable efforts, regarding their own actions, to prevent escalation to war or from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the International Association of Nations. However, should war break out between nations, the provisions of Article II, Article III, Article IV and / or Article V must be adhered to.

Article II:
(1) A conditional declaration of war declares war conditionally, threatening war if the grievances listed are not acknowledged and the preferred demands are not accepted.
(2) An absolute declaration of war declares war absolutely due to the failure of negotiations over the grievances and remedies found in the conditional declaration. It ends absolutely the state and condition of peace, replacing it with the state and condition of war until such time as peace is restored.

Article III:
(1) A reasoned declaration of war justifies the resort to war by stating the grievances that have made peace intolerable and the alternatives that will restore peace.
(2) An unreasoned declaration of war does not justify the resort to war, or does so only minimally.

Article IV:
(1) A formal or solemn declaration of war is a declaration made by the constitutionally recognized nation following the appropriate laws, rites and rituals.
(2) An informal or unsolemn declaration of war is a declaration made in an irregular manner either by a constitutionally unrecognized nation or by the constitutionally recognized nation using unlawful, inappropriate procedures.

Article V:
(1) A perfect declaration of war is a formal, solemn speech or act made in accordance with the proper laws, rites, and rituals.
(2) An imperfect declaration of war is an informal, non-solemn speech or act not made in accordance with the proper laws, rites and rituals.
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The leader of the Myrorian delegation stood slowly, his traditional robe rustling against the fabric of his chair. He picked several pieces of stacked paper up off the desk in front of him and began:

"The All-House Union of Myroria presents the following objections to these amendments:

Article I: No objection.

Article II, section 1: We would like clarification on what body or personage defines a 'failed state'. 'Where no authority exists' is vague, and susceptible to crafty interpretation by imperialists seeking to disrupt other nations. As the All-House Union does not intend to ratify the Rose Statute, which it finds overreaching and offensive to our religious and social traditions, we have no further objections.

Article II, remaining sections: No further objections. The Union will not comment at this time on whether it will ratify the document establishing this criminal court.

Article III: No objections.

Article IV, section 1: This section places too much power in the hands of the Council of Nations, which, our August allies notwithstanding, is comprised of nations that have proven time and time again to be hungry imperialists.

Article IV, section 2: No objections.

Article V, section 1: This section is unacceptable in its entirety. For years the imperialist nations of the world have been sending devils in white helmets into nations to exert the authority of their homeland. This section would enshrine this disgusting practice into international law. "Peacekeeping" is merely a convenient euphemism for "invasion", and these "neutral parties" rape, pillage, and destroy as much as conventional soldiers.

Article V, section 2: No objections.

"The Union cannot ratify this document at this time. It has no objections to the document defining declarations of war, and would be willing to ratify that particular statute."
 
Helen Etherington rises to speak, "Mr Acting Chairman, this will be a brief intervention in discussion at this time. The Confederacy intends to respond to the first proposal, relating to the Criminal Court of Eras, at a later point. Addressing the second proposal, relating to declarations of war, while the Confederacy wholeheartedly supports the sentiment of Article I, we do have some brief questions as to the proposal.

"Firstly, the Confederacy is interested in whether there is a particular purpose to proposing this resolution at this time. Secondly, the Confederacy would question as to how Articles II through V can be complied with, as is required by Article I, when the paragraphs in each do not place any requirement on a nation to act or refrain from acting in a particular manner."
 
The August Consular Office has considered inviting nomination and sponsorships for this legislation to go to vote, but declines to and wishes to invite those collected to continue debate.
 
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