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Debate: Andean Genocide Charges
Topic Started: 11th August 2016 - 09:46 PM (355 Views)
Achkaerin
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GENERAL ASSEMBLY SUBMISSION FORM
Formal Name of Submitting Nation(s): The Secretary General
Nations involved: All CTO Nations
Title of Submission: Andean Genocide Charges
Draft Resolution:

Quote:
 
Commonwealth Treaty Organisation
General Assembly Resolution


Resolution [XXXX]

Adopted by the General Assembly on [Date]


General Assembly,

Noting the various investigations carried out into the Andean Genocide,

Aware of the evidence obtained in such investigations and the scope thereof,

Complying with Article 3 of General Assembly Resolution #0010[1]

Resolved to bring closure to this matter once and for all.

1. Authorizes the arrest and detention of individuals mentioned in Annex One.

2. Notified of the charges outlined in Annex One.

3. Suspends the First Empire of Rokkenjima from the CTO for the duration of the process.

4. Demands signatory nations of the Uppsala Convention begin preparations for trial proceedings.

Annex One


Any other details: OOC-

1) I have tweaked the wording slightly from the docket and I have tried to make the ICJ submission form work for the charges.

2) This should be the last resolution concerning the Andean Genocide this is simply designed to be mop up and attempting to move past it.

3) All those mentioned in Annex I, should be presumed to be alive (in the case of the Toshi guys they're already in CTO custody)
[1] Article 22.5 is still in effect so GA still holds SC responsibilities.
[2] Being deliberately general because there were a lot thanks Gad :D
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Elpidia
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(OOC: If I get any of my facts wrong pls PM me and I'll edit)

The Elpidian ambassador, Avery Dillon to the CTO stood to address the assembly.

"Like all other members of CTO, the Elpidian Federation is eager to see an appropriate and just end to the question of the Andean genocide. We fully support a trial in compliance with the Uppsala Convention as a resolution to this tragic event. We hope that in doing so we may bring some small comfort to those who were affected by the genocide, and some measure of peace to those who were slain." she said, pausing before continuing.

"However, we should not be so over-eager as to have a miscarriage of justice. We see no reason to suspend the First Empire of Rokkenjima from CTO. To our knowledge they have been fully compliant with the CTO at every step of the several investigations into this matter. Suspension seems like a punitive action being taken before the conclusion of the inquiry, in other terms, a violation of the presumption of innocence. So far this organization has only determined that the First Empire "had part in the funding" of the government which carried out these crimes against humanity. While that certainly is a very grave matter in itself, it is not the same as actually carrying out said crimes."

"Considering that Rokkenjima will already be precluded from any trials that result from the Uppsala Convention, we see no need to preemptively punish them by excluding them from all participation in this organization. Elpidia fully supports the intent of this resolution, but moves for the deletion of Section 3."

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Beatrice
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7. Her Imperial Majesty Empress Beatrice Anselmo of the First Empire of Rokkenjima is charged as follows:

i) That she in full knowledge of the events occurring in Nueva Ardia and the implications thereof did not enforce the provisions of the Sakura-Umeko Accord to prevent them from continuing to happen and therefore enabled the continuation of the Andean Genocide by omission.

8. Yuriko Faust is hereby charged as follows:

i) That she knowingly and willingly attempted to deceive the General Assembly of the Commonwealth Treaty Organisation.


"In addition to points raised by my colleague from Elpidia the Empress is presently under medical treatment and recovery from an assassination attempt which nearly claimed her life, as well as lingering mental complications from the trauma of said incident. Arresting the Empress as she receives treatment is a move which her medical team views as extremely detrimental to her progress in recovery. Furthermore, as the Empress did not, in fact, have 'full knowledge of the evens occurring within Nueva Ardia' the inclusion of the Empress is vindictive. We have faith, however, that the Emperor will be able to provide insight into the events which transpired and took the actions he did with the best of intentions; Mr. Ofdensen's betrayal being a factor he could not have accounted for. He may serve the interests of international justice as a witness better than a conspirator, a position which should receive considerable reevaluation."

"Finally, Ms. Yuriko Faust's statements were most certainly made under duress, thus prosecuting her is equally vindictive and an affront to the principles of justice. An independent Rokkenjiman investigation has offered its findings in full to the international community, and while it will pursue justice without prejudice it will not see the guise of justice used as a mere weapon. We have already seen this process threatened by that premise once before, let us not do so again"
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Beatrice
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After a short glance at his phone Jason Cole, who had been Acting Liaison for the Commonwealth, cleared his throat. "The Empress of Rokkenjima has requested the permission of the Secretary-General to address the General Assembly on this matter. She has informed me she can depart for the Palace of Nations upon your acceptance of her request."
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Achkaerin
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OOC- I think I know the answer but for the sake of clarity I would presume this is Evanthe coming in and not Beatrice?
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Beatrice
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OOC: That would be correct.
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Beatrice Anselmo
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Achkaerin
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Serenity Azurewind, CTO Secretary General

Serenity paused for a few moments carefully considering the request normally there'd be no issue with a head of state addressing the chamber but these circumstances were hardly normal at all.

"The General Assembly of the CTO is not and never has been a court of law, the chamber has already made the mistake of breaking this concept once and I have no intention of seeing it happen a second time. The jurisdiction over the charges is that of the plaintiff nation and nothing said here can change that, now clearly the Achkaerinese legal bods believe there is sufficient evidence to charge those named in Annex One otherwise they wouldn't be bringing these charges. If Rokkenjima wishes to argue duress in respect of Ms Faust then that is an argument for the defence at trial, if Rokkenjima wishes to argue fitness to plead on the part of Beatrice Anselmo then it must do so at pre-trial not here. We are not a court remember that.

The two matters for the assembly to consider in this are firstly whether to authorize the arrest and detention of those named. This you decide based on evidence, the Achkaerinese legal bods believe the evidence is sufficient and I remind you that they are not obliged to disclose it. You're second matter is the suspension of Rokkenjima from this organisation for the duration of the trials, given the extent of the conspiracy implied by the charges this seems a reasonable step, there are implications that the Rokkenjiman crown itself was involved. I encourage you all to consider this not in the light of various allegiances but as if you were the board of directors of a company do you let one of your own continue in post when the position is clearly unsustainable? The priority has to be firstly to hold those named accountable but also preserve the working nature of this organisation on a day to day basis, we've seen in recent weeks that when a resolution is passed that is adverse to Rokkenjima that it is challenged by Rokkenjima it has been nothing short of a joke. So is it sensible to allow a nation whose big names are at trial to continue to function within this organisation as if nothing has happened?

Also given that the woman who I will term Regent was my predecessor as Secretary General and therefore the Secretary General during some of what matters here I have to question whether it is practical to allow her to address the Assembly when she is likely to be a witness for prosecution or defence if not both. Permitting her to make statements here that could affect the rights of the accused to a fair trial is a risk that cannot be taken since it carries with it the risk of aspects of her testimony at trial being excluded to the point where the verdicts may be affected.

Therefore permission is denied."
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hobbes
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South hills has several problems with the outlined proposal,
Quote:
 

1. Authorizes the arrest and detention of individuals mentioned in Annex One.

The CTO, as a body in itself, has no inherent power to issue arrest warrants. The closest thing would be the Mundus Crime Agency, of which many member states of the CTO are not a member of due to the encroachment upon national sovereignty the MCA forces. South Hills would not abide any arrest warrant issued by the CTO based purely on the grounds that the CTO in and of itself has no authority to do so, at least checking.

Quote:
 

3. Suspends the First Empire of Rokkenjima from the CTO for the duration of the process.

Can the Achkaerinese delegation state what importance it finds in suspending Rokkenjima from the CTO? Why is this necessary for a fair trial?
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Achkaerin
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"The point of article one of the resolution is not to infer authority does not have, we will quite happily amend it to name the MCA as the arresting authority" Cheryl Holmes said "Given Rokkenjima's membership of the MCA this is not going to cause a problem. The charges will be brought regardless but we'll happily amend article one to alleviate this concern.

Now if I may correct the delegate from South Hills. The reasoning behind asking for the suspension of Rokkenjima has nothing to do with right to fair trial, you may have just confused the Secretary General's reason to deny Evanthe Anselmo the opportunity to address this chamber with this article. The two are exclusive of each other- we're saying Rokkenjima should be suspended because we may depending on what happens at these trials need to bring further charges because the truth of the matter is that we don't yet know and we probably never will know the full extent of this conspiracy. The important thing is that we ensure the damage that can be done to this organisation is limited, and the most effective way is to suspend Rokkenjima, everyone here hopes that this will not take long to resolve but the point is that it is not, in our opinion, worth taking the risk. Granted if the Assembly is minded otherwise then that section is removable."
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The Dartfordian delegate stood. "As this resolution is both ultra vires, for the reasons stated by South Hills, and would compel the Dartfordian government to unlawfully arrest two of its own citizens, His Majesty's Government wholly oppose this motion."
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Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC).
Member of the Cultural Exchange Treaty Organisation (CETO).
Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention.
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Achkaerin
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"That's as the resolution stands" Serenity said "Firstly we must resolve the matter of legal authority, given that the charges in question are either direct breaches of the Uppsala convention or omissions and actions that enabled such breaches to occur the appropriate authority to verify and charge and arrest the people identified in Annex One is the Convention Advisory Committee of the Uppsala Convention. This would also ensure that arrests are lawful.

Suspending Rokkenjima is not what anyone wants to do but let's consider the reasoning we have a situation where there is sufficient evidence to charge Alexander Anselmo with a following legitimate argument that suggests Beatrice Anselmo knew about the events as well. Considering Beatrice's position as head of state at the time there are sufficient questions raised such as 'who else knew about this?' the point being that such answers may come forth under testimony and cross examination, now while this does not interfere with trial process it does potentially interfere with this organisations own operating. It is arguable therefore that a preventative measure to secure the integrity of this organisation is warranted. You also have questions around votes in this assembly and on the security council since the events in question as to motivation and influence.

The alternative to a suspension of Rokkenjima is to invoke Article 22 of the Commonwealth Treaty specifically the following sections."

Quote:
 
6. A member of the Security Council may resign their seat, or, should it be determined by a vote of two-thirds of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council.

7. A motion to expel a member from the Security Council may only be submitted by a country in the same geographic region as the member.

11. A member of the Security Council dismissed by the General Assembly shall be required to rectify the issues noted in the Dismissal Resolution before being allowed to stand in future Security Council elections. This shall be determined by a unanimous vote of the Security Council upon the recommendation of the Secretary-General.


"There is no question that section can be invoked under these circumstances. But that is the minimum."
Edited by Achkaerin, 22nd August 2016 - 11:08 AM.
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"If it hasn't escaped the notice of the Secretary-General, she will know that currently the Security Council is not sitting, with its powers and authority vested in the General Assembly, and therefore any suspension from such Council would be nothing more than a petty ceremonial gesture. Any suspension of the First Empire in this text would, in our opinion, be unlawful and, at the very least, require a two-thirds majority.

"Finally, this organisation has no moral or legal right to individually indict or order the arrest of any individual, and should it be passed in its current form will be challenged in the International Court of Justice. Changing the arresting authority from CTO to the MCA changes nothing about the illegality of this current document"
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Achkaerin
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"And if the Dartfordian delegate had read the resolution carefully he would note that at no point is it suggested that the CTO charge these individuals." Cheryl said "The resolution simply states that the General Assembly consider itself notified of the specific charges. The charges themselves are brought in accordance with the Commonwealth Treaty and are formatted correctly within the Appendix there is nothing illegal in that and it has been made clear that the responsibility for the charges on that list rests with the plaintiff nation. It is Achkaerin that brings the charges not the CTO."

"Second the MCA or CAC are legitimate legal authority's to carry out the arrest of those named, that is the only potential stumbling block on the base resolution and the switch of arresting authority deals with it.

Finally under article 22.5 of the Commonwealth Treaty the powers of the Security Council are vested in the General Assembly at present but the matters are still divided into general and security council affairs. Did Rokkenjima's actions in respect of the Andean Genocide run counter to the principles of the Commonwealth? Yes. Did those actions undermine the ability of this organisation to do it's job? Yes. Did the conduct of Rokkenjiman delegates in this chamber frustrate attempts to resolve the matter? Yes. If the Security Council was in session their seat would be forfeit.

However we're in a 22.5 scenario therefore the suggestion that is arguable is that Rokkenjima not be permitted to participate in sessions where the General Assembly sits in accordance with Article 22.5."
Edited by Achkaerin, 22nd August 2016 - 05:46 PM.
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Serenity looked around the room

"I suggest that discussion of this resolution be adjourned subject to the Convention Advisory Committee of the Uppsala Convention reviewing the evidence and determining charges. Following that an amended version of points one and two shall be added in and discussion of point three may continue, point four will clearly be dropped."

OOC- so basically sticking this in stasis for the moment while I have Serenity go and put a word in with the CAC.
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"I'm sorry, Madam Secretary-General, but that will just not do. The proposed resolution authorises the arrest and detention of individuals to stand trial in the ICJ. Yet the ICJ's own website says 'The International Court of Justice has no jurisdiction to try individuals accused of war crimes or crimes against humanity. As it is not a criminal court, it does not have a prosecutor able to initiate proceedings.'

"Finally, as clearly stated by the Treaty: 'when the Security Council is not convened, the powers and authority it shall be vested in the entire General Assembly.' The treaty refers to powers and authority of Security Council, but makes no mention of responsibilities. This resolution is simply unlawful."


OOC: Started writing before the post above was made. Not deleting it just yet but I'll wait for Ach to propose an amended resolution.
Edited by CGJ, 22nd August 2016 - 07:07 PM.
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OOC- for reference
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It had been a few weeks but finally the CAC had provided an answer and now it was time for that answer to be presented.

"Members of the General Assembly." Serenity said "As requested the matter concerning charges over the Andean Genocide was referred to the Convention Advisory Committee of the Uppsala Convention, they have now returned their recommendation which you will find in the amended Annex One of the amended resolution which is as follows."

Quote:
 
Commonwealth Treaty Organisation
General Assembly Resolution


Resolution [XXXX]

Adopted by the General Assembly on [Date]


General Assembly,

Noting the various investigations carried out into the Andean Genocide,

Aware of the evidence obtained in such investigations and the scope thereof,

Complying with Article 3 of General Assembly Resolution #0010[1]

Resolved to bring closure to this matter once and for all.


1. Notified of the charges outlined in Annex One.

2. Complies with article eight of Annex One to arrest and detain those individuals mentioned in Annex One articles 1-7 should those named be within the jurisdictions of member nations.

3. Reprimands the First Empire of Rokkenjima as follows:
(insert reprimand here)

Annex One


"The CAC is the internationally recognized authority on this. We therefore have a legitimate authority making the recommendations, the charges are tied to the relevant document the Uppsala Convention.

There is still the matter of how this organisation deals with the conduct of Rokkenjima in this matter, I believe that a reprimand of some sort is required because it is important to deter such conduct from members in the future. I would imagine that a fine is the minimum but there are other options so I leave that to the discussion of the assembly."
[1] Article 22.5 is still in effect so GA still holds SC responsibilities.
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Jason Cole, Imperial Liaison to the Commonwealth

"With the recommendations of the Advisory Committee having been returned Empress Evanthe has been swift to act to ensure those individuals listed are prepared to be transferred to the relevant authorities. The Empress Emerita and Emperor Emeritus are presently at Perlesa Manor, with arrangements being made for their arrival in Pyrettania within the day. Mr. Lancaster remains in Rokkenjiman custody and, likewise, will be handed over to the relevant authorities." Pausing, Mr. Cole looked over his notes, then continued.

"The Empress Emerita and Emperor Emeritus have elected to secure the services of Mr. Francis Price to provide legal counsel for the duration of these proceedings. I have no knowledge, nor do I truly care, what arrangements Mr. Lancaster has made in preparing for this development," Jason stopped himself from speaking any further, with Lancaster provoking a great deal of ire amongst many Rokkenjimans.

"Empress Evanthe has pledged full cooperation in our mutual quest for justice. As her representative to the Commonweath I look forward to helping to facilitate that."
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OOC- Ok I'm saying 24 hours and if there's nothing further I'll be putting this to vote.
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