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DEBATE - Andean Genocide
Topic Started: 22nd May 2016 - 09:25 PM (754 Views)
Gadshack
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GENERAL ASSEMBLY SUBMISSION FORM
Formal Name of Submitting Nation(s): Andinist Republic of Nueva Ardia
Nations involved: All CTO Nations
Title of Submission: Regarding the Andean Genocide
Draft Resolution:

Quote:
 
Commonwealth Treaty Organisation
[Security Council/General Assembly] Resolution


Resolution [XXXX]

Adopted by the [Security Council/General Assembly] on [Date]


The General Assembly,

Recognizes the Andean Genocide as a violation of the Mundus Convention of Universal Rights and Uppsala Convention,

Recognizes the First Empire of Rokkenjima had part in funding the military actions of Toshindai against Andean civilians,

Acknowledges that the Commonwealth Treaty Organization had a role in enabling Toshindai's crimes on the Andean Peninsula,

Complying to grant the Andinist Republic of Nueva Ardia proper reparation,

Acting to ensure all future Toshindainese states are barred from committing further acts of war,

1. Declares the Peninsular War an illegal act of aggression against the Nueva Ardian government and people

2. Commands Toshindai factions of the Edelweiss Concordat to halt all military development, return the gold stolen from the Andean Peninsula and pay war reparation to the Andinist Republic of Nueva Ardia

3. Demands Rokkenjima pay reparation for the damages if Toshindai is unable to do so in it's current state

4. Commands North Toshindai, South Toshindai and Snowflower Hold to arrest Military Commanders, Daimyo's and Governors in the Peninsular War who ordered and carried out Genocidal acts and present them to an International Court


Any other details: OOC: I expect these terms to be elaborated on and all that in the Assembly. Plus I suck as resolutions so don't hate on me if this seems terrible




Zavala walked through the centre of the rows of seats in the General Assembly. Papers rustled, as the foreigners sat anxiously, shifting in their seats and looking up at the Andean, as he stood at the tall podium, with his chin high but eyes looking down upon them all. "I will start off by saying that the lack of participation, assent and organization of the CTO, had inadvertently enabled an Empire, Toshindai and the empire's of the Cross-Straits Organization, to kill thirty million Andeans. This, was a genocide. The corruption... the incompetence... and lack of assertion makes the CTO just as responsible as the CSU, Toshindai or Rokkenjima for this atrocity."

Zavala sighed with a deep breath. "Thirty million are killed, women, children, men, in their homes, in camps, in the streets. But this is just a statistic, yes? One woman is shot, a monarch and not even a dead one at that, and the world weeps, 30 million die and the world speculates and forgets. The evidence is there. It does not matter how it happened, the line ends at the governments. The Rokkenjiman Government, the Toshindai Government, the CSU, who denies any involvement and have seemingly written off this event. I do not believe this to be a conspiracy against the Andean People, but I do believe it to be grave incompetence and mismanagement in the CTO and CSU. A mistake this huge, must and by the Andean people's fist will be paid for."
Edited by Gadshack, 22nd May 2016 - 09:26 PM.
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Sir Jacob Longe, East Moreland's appointed ambassador stood. "If I may be permitted to read a statement on behalf of King David." he began before waiting for everyone to give him their attention.

Read Statement
 


Our nation has always attempted to live by our ancient Code of Canley. The highest tenant of that faith is the simple rule, "Protect those who can not defend themselves." In the case of the Andean Genocide I have failed to uphold that, this is something I am truly sorry for and something that I know one day I will be judged by my Gods for. There can be no excuse, nor would any excuse it was possible for me to make justify our lack of iction. We buried our head in the sand and as such permitted millions to die without so much as a single shot being fired in their defence.

With this in mind I believe the CTO should consider establishing a fund of such to help the Andean people recover. I will not call this compensation as no amount of money can ever repair the damage done to people's lives. I would call on each nation of the CTO to place into Trust money which will be managed by an appointed body created by the CTO and with at least 50% of its council being Andean. These funds will be used to help rebuild the lives of individuals effected by this genocide. East Moreland will be making $ 2billion available immediately to establish this fund and will in the coming weeks and months reassess that figure based on information coming forward.

What is also important is that we today make a pledge that we will do all we can to ensure that similar genocides do not occur. Today in East Moreland is the Festival of Greenflowers, a day when Morelanders celebrate winning our freedom from oppression. A day that we celebrate people stepping up and doing the right thing at a time of genocide within our own borders almost a 1000 years ago. You see the Andean Genocide is not unique but it is unprecedented, never has a genocide been so thoroughly carried out with ruthless efficiency. If we are to prevent it in future we must begin to abide by the code that standing by and doing nothing is never enough.

With those words in mind I am informing the CTO and the world that three days ago I issued orders for East Moreland's Red Legion to illegally enter Mercia. We have evidence from a CTO member of staff that members of the Cult of Helus have been rounded up, imprisoned and in some cases executed. Red Legion have effected rescue on many of those imprisoned however executions are still taking place. I shall not apologise for this action nor will I seek the approval of the CTO. Many of you in the room from which Sir Jacob is speaking shall make pledges of "never again" or "lessons must be learnt", as these words are being read out Morelanders are doing there level best to work alongside moral Mercians to ensure those lessons are put into practice and that genocide such as that experienced by the Andean people will never happen again.

It is my sincere hope that the Andean people will one day be able to raise from the great tragedy that has befallen them, while we can not wave a magic wand to make this happen I would like to assure whoever wins the upcoming election there that East Moreland will offer what support it can, when it can and that we shall never again let inactivity be an excuse for our failings."


With the words said Jacob sat down.
Edited by DaveIronside, 23rd May 2016 - 06:54 AM.
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Cheryl stood up carefully still thinking about how to word what she had to say

"I don't think much needs to be said about reactions to the Genocide itself we're all painfully aware of what happened and that it should not have happened and most critically that it must never be allowed to happen again. We have seen some world leaders such as Crown Princess Serenity give apologies we have seen the Empress of Rokkenjima gunned down while speaking about this, if this was a simple straight forward case of recognizing that this happened then this would be the easiest debate and vote in this organisation's history.

However Mr Zavala brings a resolution that in its present form cannot be supported by myself as Achkaerin's representative.

It seeks to state that the whole invasion of Nueva Ardia by Toshindai was illegal. Now let's think about that for a second a terrorist organisation, the Four Truths, is given sanctuary in Nueva Ardia after carrying out attacks in Toshindai, these terrorists are called 'Revolutionaries' by Tero Melos and would appear to receive his support. This then gets to the point where said terrorists quite possibly backed by the Nueva Ardian government at that time are responsible for the death of Sora Yoshimo as in Toshindai's head of state. That sounds like just cause to me and forms the majority of the basis for this organisation's backing of the subsequent invasion. So while we cannot rule the whole invasion illegal we can however state that the methods we now know were used by the Toshindai forces such as carpet bombing, deliberate targeting of civilians etc are in breach of the Uppsala Convention.

Second Mr Zavala wishes to see the three successor states to Toshindai halt all military development, that contradicts the Edelweiss Concordat which gives them a right to defend themselves by retaining their military capability however such capability is carefully monitored and regulated by Achkaerin, Rokkenjima and Quintax through the declaration that accompanies the Concordat.

I have no arguments with the third point Rokkenjima should reap what it sows. And as for the fourth I have no objections to the people responsible facing trial for what they did it would just be useful to know who precisely we are talking about there."
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"You have to excuse me." Zavala said. "I am no born politician, nor have I been present in front of an International Forum, so the resolution is rusty, I will admit to all participating assembly members. I will argue some statement's, such as the CTO not knowing what happened in Nueva Ardia until now. Either this organization is extremely blinded and incompetent, or the CTO did know but lacked the constitution to do anything. Toshindai, use to be a country of deep political and economic connections in many places, so it wouldn't be entirely illogical if that it had single handedly manipulated this entire organization. Which still makes the CTO incompetent."

"I will acknowledge the sense in calling this an illegal invasion. But, it was an illegal war. CTO was misguided to authorize the invasion, but during the war, when media was reporting the atrocity the world and the CTO seemed to ignore it. Either none of you are privy to internet or TV, or the CTO is once again a broken organization. So far, only two countries have made statement's and engaged in this Assembly. Even as an outsider, I have observed and read into the insane lack of participation in this organization. Only two to maybe four countries ever participate in Assembly's debates, and sometimes even voting."

"This faulting, organization, this atrocity against my people, could be placed on the shoulders of the small bureaucracy of this organization, who ignored a blatant Genocide going on in front of their faces, for personal political squabble. There are many members of this organization, who seem to merely act as puppets for the major players. You may deny this but on the surface, this is what it has become exposed as. This is a fact that has come to be, nations like Rokkenjima have dominated and run this organization in such an autocratic manner. This, is what happens."

"Therefore, in the manner in which the invasion was carried out, in such a brutal manner, open for all to see, I will not concede that the invasion was not illegal. This is a mistake the CTO should own, wholly, specifically the bureaucrats. Yes, did Tero Melos call terrorist revolutionaries, si. It was wrong of him to do, an action we don't agree with. Melos is a fool in regard to giving them refuge, blinded by the glory days of revolution. Hase Tutyame was not a revolutionary, he's a brutal man that was part of the reason for bring on the invasion. However, from start to end, the invasion broke every barrier of the MCUR down, it was open 'si, we are bombing civilians', but they only received a slap on the wrist."

"Second, military development. I was unaware of those conditions, of the concordat which is my own fault." Zavala shuffled some papers with his reading glasses on. "This is not your... Round Table. However, if these are in fact the conditions, then Nueva Ardia want's to observe their military development as well."

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"Then you need to go to the three Toshindai states and make that request." Cheryl said "Now I will repeat clearly the point I made earlier the war was on the basis we judge it by legal- why? Because the grounds for the war were legal- this is a war that was fought because the Nueva Ardian government housed the Four Truths and then engaged in the assassination of Sora Yoshimo, both these things are facts we know they happened and only these facts were used as the justification for the war so it is legal and it is hardly appropriate based on that evidence to call this organisation misguided in respect of the decision.

This organisation's fault does not extend to the initial decision to invade that is something done correctly, the fault of this organisation is as we know concerned with the fact that there was no coordinated reaction whether that be pressure or intervention to put a stop to what Toshindai forces did during the conflict."
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"I hate to say this" Jacob Longe began, "but while legally this may all be the case, after all I'm no expert on law. What is clear is that morally we got things very very wrong. Regardless of whether Toshindai was legally entitled to invade Neuva Ardia is to me irrelevent, them legally being able to invade another nation does not give them the right to murder millions. We knew it was happening and we sat back. What message does it send to our children if we seek to avoid our responsibilities hiding behind legal mumbo jumbo. Mr.Zavala has admitted he may not have a strong suit in drafting resolutions, however it is clear from our statement earlier that my King and therefore myself agree completly with the spirit of the proposed resolution. What we should be devoting our time here to is not playing law court but putting together a clear resolution that lays the blame for the genocide where it should go, ourselves and Toshindai. Might I suggest the following.

GENERAL ASSEMBLY SUBMISSION FORM
Formal Name of Submitting Nation(s): Andinist Republic of Nueva Ardia
Nations involved: All CTO Nations
Title of Submission: Regarding the Andean Genocide
Draft Resolution:

Quote:
 
Commonwealth Treaty Organisation
[Security Council/General Assembly] Resolution


Resolution [XXXX]

Adopted by the [Security Council/General Assembly] on [Date]


The General Assembly,

Recognizes the Andean Genocide as a violation of the Mundus Convention of Universal Rights and Uppsala Convention,

Recognizes the First Empire of Rokkenjima had part in funding the military actions of Toshindai against Andean civilians,

Acknowledges that the Commonwealth Treaty Organization had a role in enabling Toshindai's crimes on the Andean Peninsula by their lack of action.

Complying to grant the Andinist Republic of Nueva Ardia reasonable reparation,

Committed to ensure all future acts of Genocide are opposed regardless of perpetrator.

1. Declares the Andean genocide to be a war crime committed by members of the Toshindai military.

2. Commands Toshindai factions of the Edelweiss Concordat to comply with an international war crimes tribunal and return the gold stolen from the Andean Peninsula. Following completion of the tribunals investigation war reparation to the Andinist Republic of Nueva Ardia should be payable by those states responsible.

3. Demands Rokkenjima pay reparation for the damages if Toshindai is unable to do so in it's current state.

4. Commands North Toshindai, South Toshindai and Snowflower Hold to arrest Military Commanders, Daimyo's and Governors in the Peninsular War who ordered and carried out Genocidal acts and present them to an International Court

5. Established The Andean Claims Commission, a body which will be formed of eight individuals, at least four of which must be Andean who shall oversee allocation of the funds. Nations of the CTO are expected to contribute funding which will be used to help those affected by the genocide rebuild their lives.
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"Most of that is agreeable except point two." Cheryl said "You are now with that point making an implication that the responsibility for war crimes originates from the governments of the Rennyo, Karisto Kakumei and Snow Flower Hold, these three states did not exist at the time so they're hardly responsible.

Therefore what should happen is simple the War Crimes Tribunal makes an adjudication of how much in the way of reparations should be paid by Toshindai to Nueva Ardia, this amount is then borne equally by the three states as in it is divided between them.

Naturally the gold should be returned.

therefore I propose:

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2. Commands Toshindai factions of the Edelweiss Concordat to return the gold stolen from the Andean Peninsula. Following completion of the tribunals investigation war reparation to the Andinist Republic of Nueva Ardia should be payable by these states with the cost borne equally.


I will again ask Mr Zavala for a list of people to be arrested as per point number four, though that point may need expanding in terms of jurisdiction should such people in need of arrest flee Toshindai itself."
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Zavala sighed, "As long as we are in the common understanding of the morality of it. As I can see, what EM have presented with the edit applied, this is acceptable."

OOC:- *sigh* look, this next part is not an OOC slate against Rokk. This is purely in the view of Nueva Ardia and I'm not going to warp that view for the sake of OOC-ness

He then took a deep breath, opening a file of names, the first one would immediately hush the room. "Despite her current state, her name will remain on the list. Beatrice Anselmo, she was personally involved with the addendum to this, SUA between Toshindai and Rokkenjima. The addendum was personally formed and perpetrated by her and the closet people in her administration, this includes the next name Sumire Abruscato, for more obvious reasons. Both of these officials were responsible for personally and knowingly giving Toshindai, free reign. Next is Commandant Lancaster, who oversaw the Toshindai military as a Rokkenjima representative. Among other military commanders are General Ran and all the Daimyo's, who were heads of their Clans during that time had a decision in the process to proliferate military policy. Among other's, are Shoji Koken, who is current president of North Toshindai, or Rennyo, who was the leading factor in acquiring gold from the Andean Peninsula which saw further, brutal military action. Finally, a mixed list of notable Samurai commanders and other generals."
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"The Lord High Steward shall be addressing a few points," Yuriko said, after which Charles took a seat beside her.

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"After a review of the relevant documents, sourced from the Ministry of the Treasury and the Office of the Councillor for Treasury and Finance, it has become clear that a fund of र2.5bn was established for the proposed aid to Toshindai. This aid was to be dispersed in installments, the first of which was not, in fact, dispersed due to growing instability in Toshindai. Records show that these funds were later returned to the discretionary budget, being held in limbo until the Imperial Diet acted to return them to the discretionary budget. Records do point to a figure of र7.2m Ducats being spent in connection to the switch to the Ducat; these spending efforts were supervised by the Imperial Government, however, and were not in a state where Toshindai could have diverted them."

"In addition, the Addendum played no role in ongoing or previously existing conflicts, as such the hands of Field Marshal Lancaster were tied, with no authority being granted over military conflicts which were initiated prior to the Addendum coming into force. It was the belief of the Imperial Government that Toshindai would wind these conflicts down, however, we can see that never took place. This marks another factor in the decision of the Imperial Government not to disperse aid to the Shogunate. Had a provision been included to be applied in a retroactive manner we would, naturally, have seen a strong enforcement to ensure Toshindai was in full compliance with the Addendum, however, it was geared towards containing the immediate threat (at the time) of Toshindai missile launches and expansions of the conflicts to new theatres."

"For these reasons, the First Empire strongly objects to any obligation to pay reparations on behalf of Toshindai, and further objects to the Empress and Field Marshal being placed on a list for arrest. With the facts presented today, the First Empire calls for any provisions calling for Rokkenjima to pay reparations on Toshindai's behalf, any which accredit responsibility for the genocide upon Rokkenjima, and any which call for the arrest of any Rokkenjiman official. As for remarks made by the Empress indicatingRokkenjiman aid to Toshindai was indeed dispersed I am presently leading an investigation as to why those remarks were made. It is clear that the fund itself was established, however, the transfer of the funds themselves did not take place due to conditions in Toshindai which warranted their dispersal inappropriate."
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"If I may explain" Jacob began once more "To my understanding the nations mentioned in Article 2 as the Edelweiss Concordt may not have existed at the time, however I would suspect they are the most likely places that perpetrators of this genocide will be. Therefore any team investigating will require the co-operation of these newly created states in order for that to be an effective investigation, nowhere does the resolution lay any of the blame on their current government, however should individuals within these be proven to have connections to the genocide then they should be expected to co-operate with international justice. Should simply changing the name of a nation exclude someone from justice for genocide? Meanwhile as for these list of names handed for arrest no one should be excluded simply because of rank or status, the tribunals should be independent and free to follow leads wherever it takes them in order to root out illegal activity. Therefore I would request Neuva Ardia to withdraw its list until such a time as an independent tribunal makes its report and recommendations as to war crimes."
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"Sir Jacob has a point in that no one can be excluded from investigation into this Genocide. That by definition will include those mentioned so the way forward following passage of this resolution should be the establishment of the said tribunal to make the recommendations required. We should probably consider interposing a condition in the form of a new point #4 to reflect this and then modify the present point #4 to be enacted subsequent to the recommendations of the tribunal and renumber the sections accordingly." Cheryl said she then turned her attention to Sir Jacob.

"I don't want to spend too much debating a principle of responsibility but the point #2 you proposed Sir Jacob states the following 'Following completion of the tribunals investigation war reparation to the Andinist Republic of Nueva Ardia should be payable by those states responsible.' that's a direct implication of responsibility for the Genocide against Rennyo, against Karisto Kakumei and against Snow Flower Hold, none of which were in a position to make this sort of decision due to not existing- the government of the day in Toshindai at the time was the Taira Shogunate.

However it is right that Toshindai pays reparation and that people responsible are held accountable- holding people to account is already covered in the resolution so I see no need to make such a statement in point #2, this is why the proposed amendment to point #2 was made we clearly identify that there is no responsibility borne by the new states while accepting that Toshindai as a whole should pay reparations to Nueva Ardia, the spirit of the point remains intact but removes an implication that I believe to be unintended.

Factoring all of that in I believe the resolution looks something like this."

GENERAL ASSEMBLY SUBMISSION FORM
Formal Name of Submitting Nation(s): Andinist Republic of Nueva Ardia
Nations involved: All CTO Nations
Title of Submission: Regarding the Andean Genocide
Draft Resolution:

Quote:
 
Commonwealth Treaty Organisation
[Security Council/General Assembly] Resolution


Resolution [XXXX]

Adopted by the [Security Council/General Assembly] on [Date]


The General Assembly,

Recognizes the Andean Genocide as a violation of the Mundus Convention of Universal Rights and Uppsala Convention,

Recognizes the First Empire of Rokkenjima had part in funding the military actions of Toshindai against Andean civilians,

Acknowledges that the Commonwealth Treaty Organization had a role in enabling Toshindai's crimes on the Andean Peninsula by their lack of action.

Complying to grant the Andinist Republic of Nueva Ardia reasonable reparation,

Committed to ensure all future acts of Genocide are opposed regardless of perpetrator.

1. Declares the Andean genocide to be a war crime committed by members of the Toshindai military.

2. Commands Toshindai factions of the Edelweiss Concordat to return the gold stolen from the Andean Peninsula. Following completion of the tribunals investigation war reparation to the Andinist Republic of Nueva Ardia should be payable by these states with the cost borne equally.

3. Demands Rokkenjima pay reparation for the damages if Toshindai is unable to do so in it's current state, and such are established as having occurred during the Mentorship of Toshindai.

4. Commissions the Penninsular War Tribunal to investigate allegations of war crimes by those involved in the conflict whether directly or indirectly. The chair of the Tribunal shall be appointed by the Secretary General.

5. Commands the authorities of North Toshindai, South Toshindai and Snowflower Hold to, subsequent to the Pennisular War Tribunal's recommendations, arrest Military Commanders, Daimyo's and Governors in the Peninsular War who ordered and carried out Genocidal acts and present them to an International Court.

6. Establishes The Andean Claims Commission, a body which will be formed of eight individuals, at least four of which must be Andean who shall oversee allocation of the funds. Nations of the CTO are expected to contribute funding which will be used to help those affected by the genocide rebuild their lives.
Edited by Achkaerin, 30th May 2016 - 12:11 PM.
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"If we are to see a way forward with this then Rokkenjima can not demand that certain people are not included in potential arrests, the investigation must be permitted to get to the bottom of this no matter how far it goes. However I think we also need to tidy up one Article"

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3. Demands Rokkenjima pay reparation for the damages if Toshindai is unable to do so in it's current state, and such are established as having occurred during the Mentorship of Toshindai.


This perhaps could be changed to

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3. Demands Rokkenjima pay reparation for the damages if Toshindai is unable to do so in it's current state, and such are established as having knowingly occurred during the Mentorship of Toshindai.
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"Any Article which demands Rokkenjima to pay reparations on behalf of Toshindai is, as stated by Lord High Steward Ofdensen, a non-starter, as would any measure to accredit responsibility for Toshindai's actions in Nueva Ardia to Rokkenjima. The First Empire was not complicit in Toshindai actions against the Andean People, and made the correct decision in withdrawing any pending financial assistance to the Shogunate. Talk of arrest warrants would thus be better spent pursuing the true perpetrators of this great crime, such as military and political leaders in Toshindai."
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"That is exactly the aim, however what you propose is to put blocks in place of any investigation stating that certain Rokkenjiman's are untouchable and therefore off limits. If we are to bring those responsible to justice we must also look at who is to blame for this, and that includes inadvertently, lessons must be learnt from this and the rest of Mundus are willing to learn them by learning from an investigation, it seems your not. May I also point out that while we sit here there is a genocide going on in Mercia and the lesson of inactivity has not been learnt, the key is we get to the bottom of what happened and there is no point doing that unless those deemed to be responsible can be brought to justice. This all smacks of trying to cover ass."
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"I agree with Sir Jacob's proposal and sentiment." Cheryl said

"Now Ms Faust let us be absolutely clear- the war between Toshindai and Nueva Ardia was going on both before and during the Mentorship period this is indisputable fact, therefore the proposed tribunal is required to not only look at what Toshindai forces did before the Mentorship was imposed but also during it, and if it finds that war crimes were committed by Toshindai forces during the Mentorship then not only does someone in the position of Mr Lancaster have questions to answer because such circumstances mean he was either complicit in or ignorant of the events. Additionally such circumstances would make Rokkenjima liable for reparation for a very simple reason- under the Addendum Toshindai surrendered its sovereignty to Rokkenjima therefore Rokkenjima was at that point through Sumire Abruscato, a person appointed by the Rokkenjiman Government, in control of Toshindai."
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Jacob stood again and looked down at his tablet. "If I may quote briefly part of the Sakura-Umeko Accord which I believe has been called the Mentorship

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3. The Military of Toshikawa shall act only with the authorization of the High Liaison (Field Marshal Lancaster). Actions taken without such authorization shall be termed a violation of the Sakura-Umeko Accord, which the Imperial Rokkenjiman Armed Forces would be required to rectify.


"This straight away gives Field Marshall Lancaster questions to answer, if any breach of the Uppsala Convention took place as the essential commander of the forces accused Lancaster must face questions, that may require him doing so in a court room. Should Lancaster have known what Toshikawan forces were doing he was legally bound to take military action, that never happened to my note, now it is up to an independent body to review but on this basis I would like to see Lancaster answer questions under oath as he clearly will be a central figure in a investigation, ruling out point blank his arrest makes any investigation worthless, as such Rokkenjima would then be guilty of not taking measures to ensure this does not happen again."
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The Dartfordian delegate stood. "I'm afraid to say I have to agree with the delegations from East Moreland and Achkaerin. It is very clear to us that parts of the First Empire of Rokkenjima was involved in the world's most devastating genocide. What is being spoken about in the Assembly is nothing more than an attempted coverup. While I understand Rokkenjiman concerns about reparations, it must be said that the First Empire took political responsibility for the country during the genocide. In fact, if we look beyond the Accord itself, the Rokkenjiman government reaffirmed to RBC:"

Rokkenjiman Government Statement
 
"Although the Addendum is no longer in force the First Empire reminds the nations of Mundus that the Sakura-Umeko Accord still binds Rokkenjima and Toshikawa."


"The Accord still binds Rokkenjima and Toshikawa. Even long after it all started to go wrong. Now my colleague from East Moreland points out article 3, which directly implicates General Lancaster, I also bring attention to section 8:

Addendum
 
8. The First Empire shall assist the Shogunate in the payment of reparations to states damaged by Toshikawan military action. This assistance shall come in the form of a long-term, low interest loan which shall be combined with any further financial and economic assistance to the Shogunate authorized by the Imperial Diet of Rokkenjima.


"I do wonder," he continued, "does the First Empire not see the genocide as damages by Toshikawan military action?"
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"In response to the majority of what has been stated I will refer you to the words of the Lord High Steward. Specifically, however, Article 8 of the Addendum ceased to be in force, and was very much a measure designed to allow Toshindai to restructure itself without further hardship. This would remove any ammunition, so to say, for hard-liners to pursue further military actions. As Toshindai split, and the terms of the Accord were not being honoured, the First Empire has long considered it null and void, thus you will find that the terms do not apply in this situation."
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"Then, at what precise date, may I ask, did the Addendum become null?" the Dartfordian delegate asked.
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OOC- C makes a good point so before we take this anywhere else ICly I think we should establish precisely when the Mentorship ceased. I can't find any record of such an event anywhere but I do believe that this article is the most likely moment, owing to the fact that it involves the decoupling of the Ducat.
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Right.

I'm dropping this, I already feel the OOC headache and if this continues this will just sit here anyway and piss everyone off. OOC'ly, we're not connecting nor are we IC'ly, this doesn't work. I don't see any payoff from this either and this will just be another insignificant event to create squabble in the future. So, do not continue the discussion further as this is dropped.
Edited by Gadshack, 1st June 2016 - 07:48 AM.
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OOC - and this explains why I sadly feel the CTO is dead.
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OOC: After reasoning from Ach and Dave, realizing tons of RP has been put into this at this point, I’m restarting this resolution, let it continue to where it left off.




Zavala stood, starring down the Rokkenjiman delegate. “I encourage the passing of this resolution with all accredited modifications by the Achkaerinese. Though our two nations have an unfriendly history.” Zavala said. “I appreciate the Achkaerinese and Morelanders being among the few who are pushing for just action. Even though all Toshindai delegations seem afraid to show their faces.”

Zavala paused for a moment. “I believe this has moved pas time for vote, and I motion for it to be moved so.”




OOC: essentially, resolution is go
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"Rokkenjima still strongly objects to the present wording of the Resolution, including provisions which demand Rokkenjiman responsibility to pay reparations. This responsibility belongs to Toshindai, and is one they cannot be excused from. As any Rokkenjiman role in the genocide continues to be unfounded the Resolution itself continues to be flawed. These are issues which must be rectified."
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"The only issue, is the disturbing fact that Rokkenjima is trying save face, with obvious connections." Zavala scoffed. "Rokkenjima is far from benevolent and your current words prove imperialist claims from around the world. That is okay, I will personally seek to have Rokkenjima ejected from this organization if need be. As we cannot have nations akin to the USR or Toshindai in this organization. I will fight to the end of days, to see your nation pay for it's foolishness."
Edited by Gadshack, 4th June 2016 - 09:33 PM.
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"Rokkenjima is interested only in the facts, not ideologically fueled witch hunts. I will not address your rhetoric, as it is tired and has been heard a thousand times in the past. The fact remains that Rokkenjima did not fund the Genocide, it had no role in its prosecution, and your attempts to force responsibility upon Rokkenjima only distract from finding justice for your People. So, continue to issue your idle threats, they mean nothing and shall solve nothing. The Resolution. In its present form is flawed and based on lies, your rhetoric and false claims will not change that."
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"Enough!" Serenity said thumping her fist into the wooden 'lectern' slightly harder than she had intended to "The very fact that I have had to spend the last three hours reading up on this debate is unbelievable, the very fact that this debate is still going on is unbelievable."

She paused for a moment feeling her right hand with her left it was just a little sore, so no harm done, she turned her eyes on the Rokkenjiman delegates

"I am required to warn the pair of you to be very careful what you now as representatives of Rokkenjima say- remember that under this resolution the actions of your nation and individual people from your nation will be under scrutiny, Rokkenjima is already in part subject to an inquiry by the Cross Straits Court of Justice, so anything you say can be relied on as evidence. I give you this warning because what you are presently saying effectively contradicts a statement made by High Commander Hadley to the RBC

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"Funds which were provided to Toshindai were routed to make it appear as though they were being utilized for legitimate purposes, such as investments, infrastructure and the repayment of debts," the High Commander continued. "However, these funds were being channeled into the Toshindai Military, which was very much against the intent of the action, meaning Ms. Abruscato effectively stole from the Rokkenjian People to aid those who stand against each belief held sacred by the First Empire. This engineered deceit shows that Ms. Abruscato's loyalties did not rest with Rokkenjima, but the despicable agents of genocide and destruction. Just like those who she served, her days of freedom shall soon come to a close."


You see the issue I presume, the war in Nueva Ardia was still going on during the Mentorship this is known, the fact that Sumire Abruscato was in post proves it, also that statement by High Commander Hadley whether you like it or not gives a reasonable degree of suspicion.

The point has been made well by Ms Holmes but I feel the need to remind you of it though I get the impression it is the equivalent of flogging a dead horse- if the tribunal established by this resolution determines that war crimes occurred during the mentorship period, then a) Mr Lancaster has questions to answer due to being either complicit in the act or failing to act in response and b) Rokkenjima becomes liable to pay reparations for such crimes because Toshindai sovereignty was surrendered to Rokkenjima for the mentorship period. When Rokkenjima and Toshindai signed that addendum Rokkenjima didn't just take control of Toshindai but they also assumed responsibility for any action conducted that time period. If you cannot accept this very reasonable point then frankly I am seriously concerned."

Serenity paused again for a moment

"That said I tend to agree with Mr Zavala here if we are simply going to go round in circles which frankly is what this debate seems to have done consistently, then I will note that he has motioned it to vote and ask for a seconder."
Edited by Achkaerin, 4th June 2016 - 11:09 PM.
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OOC: Will be responding later tonight.
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"The High Commander was working with information that was not accurate, as proven by the Lord High Steward who possesses verified documents which show where the funds intended for Toshindai went; the Discretionary Budget of Rokkenjima. Furthermore, Field Marshal Lancaster was, unfortunately, in no position to act as he did not have the authority to. As Toshindai broke the terms of the Addendum, the terms became null and void; the only responsible party for Toshindai crimes is Toshindai, or her successor states."

"From where I stand I see an international community guilty of inaction, desiring strongly to pass responsibility to Rokkenjima for their failings. This has manifested in a concerted attack against the credibility and integrity of the First Empire, while also pursuing a strategy of assigning the costs to Rokkenjima in place of a multilateral aid effort to assist the Andean People. You ignore the facts presented to you, placing your faith instead in the undoubtedly ideological, biased position of Mr. Zalva. Dare I say, the conduct of diplomacy with the United Soviet Russia held more decorum than what I have seen over the course of this charade!"

"When Nueva Ardia called for the condemnation of Achkaerin Rokkenjima stated its opposition to a blind condemnation ignorant of the facts, feeling fully that the Holy Empire deserved the benefit of the doubt. Rokkenjima supported this approach while the rest of the world was more than content to condemn Achkaerin without all the facts available. In that situation Rokkenjima did not throw Achkaerin to the wolves for political convenience." Yuriko paused, "For now that is all I have to add."


OOC: I do believe it is possible someone else will be wishing to comment on this, so I would hold off on the vote until they've had the opportunity to post.
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Hokh had sat quietly through the debate so far absorbing the arguments, it was now time for him to convey the Lakhzov position.

"Lakhzovia I'm sure you are aware has not hesitated historically to apportion blame to Rokkenjima when we feel that they are guilty of wrong, however in this case we are unwilling to join the mob baying for their blood.

Rokkenjima, we must remember, was attempting to provide a stabilising force at a time that the often troubled East Ardia was set to be thrown into an anarchy that would have been felt well beyond the immediate region and which would prove intolerably dangerous to the nations in the immediate vicinity. As it happens Rokkenjima was responding in good faith in an attempt to prevent the expansion of the conflict and head off the sort of state collapse in Toshindai that would have created a humanitarian crisis. Rokkenjima responded to this serious situation with a plan to help retool Toshindai to be able to provide for their civilians, this was done in good faith and with no intention for funds to be utilised for war, but rather the opposite they were to be used for civil purposes.

That funds were misappropriated and diverted to be used in the appalling crimes committed against the Andeans cannot be denied. However what also cannot be denied is that these funds were diverted covertly in order to hide how they were being misused. The crime that many here seem to want to pin on Rokkenjima was in fact a crime against Rokkenjima. Those diverting funds for purposes they were not intended for are the ones guilty of a triple crime: they helped fund a genocidal war, they stole from the civilians of Toshindai for whom the funds were intended and they stole from Rokkenjima by obtaining funds on an illegitimate basis.

It should also be noted that when it was discovered that Abruscato was key in this deception Rokkenjima dealt immediately and appropriately with the traitor. The nation of Rokkenjima has committed no crime, unless being unable to read the secret thoughts of a persons mind is now considered to be one, and has every right to be aggrieved for they are essentially victims of a bloody scam who now find themselves being made a scapegoat.

Let us face reality. We as the international community all failed. We were all too interested in our own domestic or regional issues to pay attention to the unfolding tragedy in East Ardia. Had we at any point stepped in the genocide could have been avoided. Instead we left the increasingly unstable situation to Rokkenjima, who was forced to intervene given the extreme risk to themselves and the other smaller nations in the immediate vicinity of the conflict. They acted appropriately given the situation they faced despite the eventual outcome and Lakhzovia feels strongly that the community of nations represented here is trying to expunge our collective guilt by sacrificing the First Empire. This behaviour Lakhzovia completely denounces.

We do not believe Rokkenjima to be responsible for the genocide and we feel that forcing them to accept culpability for such a heinous crime would be an insult to natural justice and such an insult will eventually be revisited upon the accuser. Make no mistake, if we set a precedent that victims of deception are guilty of the worst crimes of the ones who deceived them then there will be no government on this planet who at some point or another will fall victim to this principle.

Lakhzovia will not be able to support this resolution in its current form."
Edited by Astetoth, 5th June 2016 - 09:05 AM.

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Zavala spoke. "This is not the Achkaerinese matter, which is one to be proven today an illegal intrusion on the grounds of the past regime, which was one that was tyrannical, however because of the circumstances this fact is irrelevant." Zavala paused, drinking some water from the nearby glass. He looked to his delegation, warranting against smoking. "I would like to ask Rokkenjima." Zavala starred at Yuriko. "The CTO admits it's incompetence, for enabling the Genocide. There were news reports, first hand accounts, articles, Toshindai news sources talked about it. The deliberate bombing and killing of civilians, to strike fear. And Rokkenjima, a prime benefactor of Toshindai, simply stood by. Is there no internet or TV in your country? Or perhaps this is a slip up your flawless government would avoid to admit?"

"Do you know how incompetent this makes you look? One person, having that much control within the Rokkenjiman government to cover the distribution of an entire budget? Even if that is the case, the Rokkenjiman government is still responsible, yet you seem content on neglecting your responsibility and trying to cover up the dirty trail. This is not an ideological fight, if so please inform me what exactly is my ideology. Because in the past I've held no resentment to Rokkenjima. I openly cooperated and worked with Rokkenjima in Marseilles, Nueva Ardian troops provided a large gateway in that war, they died to in the end, fulfilling a mission that only benefited Rokkenjima."

"Do not mistake my reasoning for ideological driven passion. I am well aware of the facts, the facts are as clear to me as they are to you."
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Edited by Gadshack, 5th June 2016 - 11:14 AM.
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"Mr Hohk and Ms Faust." Serenity said stepping in "You're both making the same mistake you are both attributing Rokkenjima's potential liability in this to the funding Rokkenjima provided to the Toshindai economy, this isn't the point being made by Sir Jacob, Ms Holmes and the Dartfordian delegate, nor does it form the main plank of what Mr Zavala is saying- though this argument over the funding will undoubtedly prove interesting for Chief Justice Summers at the Cross Straits Court of Justice inquiry it is not strictly relevant as the be all and the end all here.

What is the be all and the end all here seems to be the face that under the Addendum:

'the Shogunate of Toshindai has surrendered its ability as a sovereign nation to undertake aggressive military operations against foreign states'"

Serenity paused for a second reaching for the bottle of diet coke she kept on the shelf behind the lectern, she took a swig from it and replaced it before continuing

"Those aren't my words they are the words of Beatrice Anselmo taken from the declaration of the Mentorship itself, further from the same declaration:

'Strict conditions exist which shall prevent further instances of Toshikawan foreign aggression, including an assurance that the Imperial Rokkenjiman Armed Forces would be demanded to act in a situation where Toshikawa conducts military operations without authorization under the terms of the Mentorship.'

And finally as quoted earlier by Sir Jacob from the Addendum:"

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3. The Military of Toshikawa shall act only with the authorization of the High Liaison (Field Marshal Lancaster). Actions taken without such authorization shall be termed a violation of the Sakura-Umeko Accord, which the Imperial Rokkenjiman Armed Forces would be required to rectify.


Serenity again paused now turning her eyes over to Yuriko again

"The issue has never been the funding it has been that under a legally enforceable document that Rokkenjima gave a commitment to regulate the Toshindai military, with a clear indication that if the Toshindai military broke the agreement then the Rokkenjiman Armed Forces would step in. In the Empress's own words sovereignty over military actions was surrendered to Rokkenjima, therefore if a war crime was committed during the Mentorship period then this document itself being in force at the time is what makes Rokkenjima potentially liable, not the funding.

Further I would suggest you read the proposed resolution carefully

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Commonwealth Treaty Organisation
[Security Council/General Assembly] Resolution


Resolution [XXXX]

Adopted by the [Security Council/General Assembly] on [Date]


The General Assembly,

Recognizes the Andean Genocide as a violation of the Mundus Convention of Universal Rights and Uppsala Convention,

Recognizes the First Empire of Rokkenjima had part in funding the military actions of Toshindai against Andean civilians,

Acknowledges that the Commonwealth Treaty Organization had a role in enabling Toshindai's crimes on the Andean Peninsula by their lack of action.

Complying to grant the Andinist Republic of Nueva Ardia reasonable reparation,

Committed to ensure all future acts of Genocide are opposed regardless of perpetrator.

1. Declares the Andean genocide to be a war crime committed by members of the Toshindai military.

2. Commands Toshindai factions of the Edelweiss Concordat to return the gold stolen from the Andean Peninsula. Following completion of the tribunals investigation war reparation to the Andinist Republic of Nueva Ardia should be payable by these states with the cost borne equally.

3. Demands Rokkenjima pay reparation for the damages if Toshindai is unable to do so in it's current state, and such crimes are established as having knowingly occurred during the Mentorship of Toshindai.

4. Commissions the Penninsular War Tribunal to investigate allegations of war crimes by those involved in the conflict whether directly or indirectly. The chair of the Tribunal shall be appointed by the Secretary General.

5. Commands the authorities of North Toshindai, South Toshindai and Snowflower Hold to, subsequent to the Pennisular War Tribunal's recommendations, arrest Military Commanders, Daimyo's and Governors in the Peninsular War who ordered and carried out Genocidal acts and present them to an International Court.

6. Establishes The Andean Claims Commission, a body which will be formed of eight individuals, at least four of which must be Andean who shall oversee allocation of the funds. Nations of the CTO are expected to contribute funding which will be used to help those affected by the genocide rebuild their lives.


Everything in this resolution contained in points two, three and five are all subject to the findings of the tribunal proposed in point four. In short Rokkenjima does not have to pay anything unless it is found by the tribunal that war crimes were committed during the Mentorship, if they weren't then clearly the burden of responsibility lies with Toshindai. No one is going to be arrested without the say so of that tribunal, Rokkenjima is not going to be forced to pay reparations to Nueva Ardia unless the Tribunal concludes that it should.

But I will say this Rokkenjima through Field Marshall Lancaster was in overall command of the Toshindai military forces during the mentorship therefore if a war crime happened during that crime it would be appropriate for Rokkenjima to pay reparation for it, due to breaching the Addendum terms.

And Ms Faust you have just lied to this Assembly you have said that Field Marshall Lancaster did not have the authority to act- it is quite clear that he in fact the highest authority to act bestowed by the Empress of Rokkenjima. So I once again remind you that your words here are potential evidence for the Cross Straits Court of Justice inquiry.



OOC- Ok this goes to vote after 10pm UK time tonight unless there's constructive progress.
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OOC: Having wrote the Addendum I know what it was intended to do, and what it wasn't intended to do. And this was not intended in the writing of the Treaty. I've tried to give this energy, and I've tried to give it an honest chance, but this is one I'm really fighting to play even a half-assed role in because everyone wanted their scandal or whatever.

Bottom line is Rokkenjima had no role in the genocide, nothing to be guilty for, and has no responsibility to anyone for it. You can make all the arguments you want saying it is, but they're wholly and utterly baseless. Find someone else to blame, because if this passes it's aimed in the wrong direction.
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"One last thing for the General Assembly before we consider this going to vote." Serenity said "Would you rather have the stated resolution at vote or would you rather have one focused around the tribunal such as this?"

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Commonwealth Treaty Organisation
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Resolution [XXXX]

Adopted by the General Assembly on [Date]


The General Assembly,

Recognizes the Andean Genocide as a violation of the Mundus Convention of Universal Rights and Uppsala Convention,

Acknowledges that the Commonwealth Treaty Organization and elements of its membership had a role in enabling Toshindai's crimes on the Andean Peninsula,

Acting to grant closure to the victims of these crimes

1. Commissions the Penninsular War Crimes Tribunal to investigate allegations of war crimes during the Toshindai-Nueva Ardia War

2. Appoints Marita Kjeldsen of Nya Aland.[1] as Chair of the tribunal.

3. Establishes that the jurisdiction of the tribunal shall include all the time that the war was in progress including the Mentorship of Toshindai.

4. Authorizes the Chair of the tribunal to appoint people to assist them in their task should the Chair deem it necessary.

5. Entrusts the powers of questioning witness's and ensuring the independent examination of evidence to the Chair.

6. Requires that the chair make regular reports to the Secretary General.

7. Authorizes upon completion of the tribunal for the Chair to make recommendations as to consequential action.

8. Establishes The Andean Claims Commission, a body which will be formed of eight individuals, at least four of which must be Andean who shall oversee allocation of the funds. Nations of the CTO are expected to contribute funding which will be used to help those affected by the genocide rebuild their lives.


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DaveIronside
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Ooc and this is why the CTO is a waste of time. While B may have written the treaty thing about mentorship she doesn't RP Toshikawa. Should Gad have RP'D just one war crime between the mentorship being posted and it being withdrawn wherever that is then we should consider it broken, but clearly the outcome of all this is predetermined and I have rp where I feel my time is actually of use elsewhere.
Edited by DaveIronside, 5th June 2016 - 06:12 PM.
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Gadshack
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5th June 2016 - 05:15 PM
OOC: Having wrote the Addendum I know what it was intended to do, and what it wasn't intended to do. And this was not intended in the writing of the Treaty. I've tried to give this energy, and I've tried to give it an honest chance, but this is one I'm really fighting to play even a half-assed role in because everyone wanted their scandal or whatever.

Bottom line is Rokkenjima had no role in the genocide, nothing to be guilty for, and has no responsibility to anyone for it. You can make all the arguments you want saying it is, but they're wholly and utterly baseless. Find someone else to blame, because if this passes it's aimed in the wrong direction.
If you can't keep IC separate from OOC then this isn't worth RPing. You're honestly deliberately metagaming taking everything out of an IC context to defend Rokk, which anything against it you take personally. It seems you constantly lack to understand that this is speaking entirely from an IC context and characters like Zavala don't care or are even aware of what the writing gods have or had in store.

If you want everything to be predetermined so that rokkenjima remains a flawless liberal utopia then expect me to hardly RP with you.

/done

Edited by Gadshack, 5th June 2016 - 07:21 PM.
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CGJ
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OOC: I'm uncomfortable with how this has played out. Whether or not Rokkenjima directly funded the regime during the genocide is irrelevant.

War crimes were committed while General Lancaster was responsible for approving military actions.

Rokkenjima directly/indirectly spent money in transitioning Toshandai into the Ducat.

Toshandai killed 30 MILLION PEOPLE while under Rokkenjiman sovereign control.

Anyway...



IC:

The Dartfordian delegate stood. "If I may, could I ask why the Rokkenjiman audit trail was apparently so poor it had no idea where over 3 billion Ducats had been spent?"
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