[GA - PASSED] Provisional Rule In Wartime

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Westinor

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Provisional Rule In Wartime
Category: International Security | Strength: Significant
Proposed by: Separatist Peoples | Onsite Topic

Believing this Assembly’s past efforts to reduce unnecessary hardship and harm in military engagements are integral to maintaining the Assembly’s humanitarian mission;

Accepting that military occupation of civilian territory is often necessary to pacify the region following armed conflict;

Justly affirming that nations can balance effectively administering captured territory and the proper stewardship and protection of the inhabitants;

Outraged by military forces that treat occupied territory and peoples as an opportunity for plunder rather than hold the territory and its resources in trust for the territory’s inhabitants; and

Rejecting military success and profiteering as the penultimate goals of an occupation;

The World Assembly establishes the following:

  1. A ‘military occupation’ is the effective and provisional control and administration of a territory by a military power not sovereign to the territory that it controls.

  2. “Military efforts’ are those actions or goals, exclusive of administration or policing, taken by military forces to coordinate operational or strategic advantages in armed conflict.

  3. Member state occupying forces may:
    1. Create and enforce regulations to establish effective control over the occupied territory, provided they do not violate or frustrate extant World Assembly law;

    2. Levy reasonable, non-punitive taxes to defray the non-military costs of territory administration, except that such taxes may not fund compensation for occupying forces;

    3. Compel limited emergency civilian service, provided:
      1. All compelled workers are over the occupied territory’s age of majority;

      2. Occupying forces limit service to those efforts necessary to restore or improve the quality of life for civilians in the occupied territory;

      3. The service does not, in character or purpose, further military efforts; and

      4. The service accords with extant World Assembly labor law and pays a fair wage for the services rendered.
    4. Utilize natural and community resources to the benefit of the occupied territory, provided those resources:
      1. Are not appropriated for domestic use by the occupying force; and

      2. Do not further military efforts.
    5. Recruit volunteers for military service from within the occupied territory; and

    6. Employ captured public infrastructure, such as communication systems, roads, docks, or power grids, in occupied territories for military efforts.
  4. Member state occupying forces must:
    1. Immediately confer upon occupied civilian populations of nonmember states the same rights and protections of extant World Assembly law applicable to non-citizen inhabitants of the occupying nation;

    2. Establish or restore an impartial adjudicative authority to resolve civil and criminal disputes within the occupied territory;

    3. Establish or restore essential civilian infrastructure in a timely and effective manner;

    4. Restore and enforce public order and safety while respecting the laws of the occupied land, to the extent that it does not frustrate World Assembly law.

    5. Narrowly tailor any restriction of individual freedoms; and

    6. Peacefully transition territorial authority to a sovereign government at the conclusion of hostilities or at such time as a durable and stable peace is forged.
  5. The International Humanitarian Aid Coordination Committee will:
    1. Liaise with both military and civilian authorities within an occupied territory;
    2. Independently inspect occupying operations;

    3. Provide guidance, technical expertise, and aid for occupied civilian populations; and

    4. Report violations directly to the World Assembly Compliance Commission.
  6. Member states must consider any serious or systematic breach of § 5, either intentionally, through gross negligence, or nonfeasance, a war crime and prosecute violators accordingly.

  7. Member states need not treat isolated and de minimis violations as war crimes, provided they are reasonably redressed and do not continue.
Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
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!

[TR][TD] For [/TD][TD] Against [/TD][TD] Abstain [/TD][TD] Present [/TD][/TR][TR][TD]10[/TD][TD]5[/TD][TD]0[/TD][TD]1[/TD][/TR]

Provisional Rule in Wartime was passed 10,596 votes to 3,915 (73.0% support).
 
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IFV - For

Overview
This proposal seeks to ensure that rights of civilians are upheld and recovery begun in the military occupation of a territory in the aftermath of a military engagement. The legislation seeks to accomplish this goal by defining which actions are not acceptable in the occupation of an administered territory, establishing obligations that member states have towards occupied territories in their recovery from military conflict, and provides for a reporting system should breaches of human rights or obligations towards occupied territories occur.

Recommendation
"Provisional Rule in Wartime" is a well-written proposal that creates a comprehensive framework for the military occupation of territories. The proposal establishes a set of directives for member state occupying forces to follow that ensures the proper governance of an occupied territory in an effective manner, and sets reasonable restrictions on the utilization and management of occupied territories.

For these reasons, the Ministry of World Assembly Affairs recommends voting For the at-vote General Assembly proposal, "Provisional Rule in Wartime".

IFV Dispatch (please upvote!): https://www.nationstates.net/page=dispatch/id=1451015
 
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For. This looks to establish a reasonable framework for the governing of occupied regions.
 
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Against. I take issue with the part that I can’t conscript people for the war effort.
OOC: I am an evil dictatorship. So, IC, I am opposed.
 
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Non WA for. Seems very sensible and it addresses a rather embarrassing hole in current WA law
 
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