[GA - Illegal] World Assembly Law Enforcement

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Chipoli

Chipoli

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World Assembly Law Enforcement
Category: International Security | Strength: Strong
Proposed by: Jedinsto | Onsite Topic​


The World Assembly hereby enacts the following articles:

Article I- Definitions:

A "war crime" shall mean any violation of World Assembly law in regards to war or the treatment of prisoners of war.

A "crime against the Assembly" shall mean any violation of World Assembly law committed on or against World Assembly property (or the territory or citizens of its member nations) that is deemed serious enough to warrant imprisonment as determined by the WAJC.

A "crime against humanity" shall mean any repeated, widespread and systemic act that involves the destruction of cultures or peoples, or the violation of fundamental sapient rights.

Article II- The World Assembly Judiciary Committee:

The World Assembly Judiciary Committee (herein WAJC) shall be tasked with the issuance of arrest warrants for individuals who are strongly suspected to have committed a war crime, crime against the Assembly, or a crime against humanity. These warrants may be issued only if the WAJC intends on trying the individual suspected of the crime and intends to imprison them if found guilty.

In order for the WAJC to file an arrest warrant for a war crime or crime against humanity, both of the following must apply:

There must be significant and convincing evidence available that the nation in which the crimes are being committed and/or the nation in which the target resides are incapable or unwilling to arrest and adequately punish individuals who have committed crimes similar to those that the individual is wanted for. Or, if the nation has through some procedure such as a trial decided not to punish the individual, if it is clear and obvious that the outcome of the procedure or the procedure itself was unjust.

The crime(s) must have been committed in World Assembly territory or the territory of one or more of its member nations.

In order for the WAJC to file an arrest warrant for a crime against the Assembly, the offense must be considered serious enough that imprisonment is a necessary punishment, as determined by the WAJC.

Be it established that the WAJC shall have ultimate jurisdiction over crimes against humanity, war crimes, or crimes against the Assembly whenever those crimes are committed in World Assembly member nation territory or on World Assembly property, or when a victim of the crime is a citizen in one or more World Assembly member nations. The WAJC shall have no jurisdiction surrounding crimes committed in international territory or non-member nation territory unless a victim is a citizen in one or more World Assembly member nations.

The WAJC shall develop its own procedures, legal definitions for crimes, sentencing guidelines, legal systems, etc. for their trials.
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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!

ForAgainstAbstainPresent
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Non-WA and not voting, but here to deliver a warning about the contents of this resolution.

It will:
  • permit the WAJC to issue an arrest warrant against anyone who harms someone living in a member state, so long as the WAJC believes it deserves jail time (Articles I.2, II.3 and II.4 read together),
  • allow the WAJC to overturn member state court decisions - a power granted to no other community - simply because it believes the decisions are "unjust" (Article II.2.a), and
  • says that the WAJC must design "procedures, legal definitions for crimes, sentencing guidelines, legal systems, etc. for their trials" (Article II.5), potentially precluding future resolutions about standards for WAJC trials.
  • The use of "etc." in Article II.5 means that what crimes the WAJC believe merit imprisonment, and what decisions it finds unjust, are left solely in the hands of the WAJC - not your member state or its courts.
 
Present

Some wording concerns me in how lax it is, and how much power and autonomy it delegates to the WAJC. Of course, since committees do everything perfectly, I'm not sure whether this is an issue in the world of the WA.
 
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