[GA - Passed] Repeal “On Universal Jurisdiction”

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Repeal: “On Universal Jurisdiction”
Category: Repeal | GA #312
Proposed by: Imperium Anglorum | Onsite Topic​

This august World Assembly,

Concerned that the target resolution requires nations to prosecute in section 3, but that the target does not also require that nations provide prosecutors with information they may have, meaning that the target sets up a prosecutorial scheme where nations may be prosecuting persons without a full accounting of the facts,

Observing that section 7 of the target resolution “[f]orbids the World Assembly from preempting a member state’s claim to universal jurisdiction under this resolution, including but not limited to through an international criminal court or a substantially similar institution”,

Seeing that this section prohibits the Assembly from establishing an international tribunal capable of actually effecting judgement for crimes against humanity and war crimes, that is, an international court that actually does things on meaningful topics,

Believing that a lack of such a court means:

* there are few prosecutions of war criminals and perpetrators of genocide, since (i) prosecutorial discretion exists, due to differing interpretations of section 3(c) and (ii) such criminals and perpetrators would not willingly move themselves to jurisdictions which would prosecute them and
*
* victims of war crimes and other crimes against humanity are unlikely to receive justice, as even when prosecutions occur, they will likely be in friendly jurisdictions, meaning that they will be slaps on the wrist,
Expressing its discontent at this state of affairs, where criminality of the worst degree is not punished and where the international rules-based order is unable to deter or bring justice to would-be tyrants from engaging in mass murder or other heinous crimes,

Saddened at the deaths caused by the Assembly’s inability to act and the incredible injustices that the Assembly is unable to take action to right, and

Calling for the creation of a compulsory, fair, and effective international tribunal to resolve these issues, hereby:

Repeals GA 312 “On Universal Jurisdiction”
Click to expand...

Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

Repeal "On Universal Jurisdiction" was passed 14,849 votes to 2,065
 
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Ministry IFV
"On Universal Jurisdiction", while well meaning in supporting the ability of WA member nations to prosecute war criminals and those who commit crimes against humanity, possesses critical flaws that are exposed upon further review. Specifically in section three where the resolution requires prosecution, but fails to require the sharing of pertinent evidence or information that will assist the prosecution in reaching a conviction, therefore harming the ability for nations to properly prosecute criminals. Furthermore, the requirement of prosecution will lead to criminals seeking out apathetic or even sympathetic jurisdictions in order to reduce or eliminate penalties all together. Additionally, section seven prevents the World Assembly, as a collective, from claiming jurisdiction over said criminals, therefore preventing any WA based court from effectively bringing up charges and using acquired evidence in prosecuting these types of criminals.

In hoping that a corrected replacement or equivalent proposal is draft, and in accordance with reasons stated above, the Ministry of World Assembly Affairs recommends a vote For this repeal.
 
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I voted for the first time.

For again.

inb4 this resolution is proposed 4 more times
 
Against (still)
...and regardless of how many variations are put forward on this theme.
 
Against

Nations are required to persecute war criminals already under international law; if they do what the proposal claims they do, they are already non-compliant, and there's no reason they would be compliant underneath an international court.

The supposed 'persecutional discretion' of section 3(c) reads

"3. Requires member states to safely and fairly prosecute individuals suspected of committing an act listed in section 2 in cases where:
...
c. there is evidence which would lead a reasonably intelligent but cautious person to believe that the individual is guilty of that crime;"

That is an extremely low burden to prosecute. If we are to assume that the WA world has the same amount of human right watches and watchdog organizations as we do in the real world, there should be absolutely no issue reaching this burden. Not to mention our own WA Compliance Commission.
 
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