[DISCARDED] Repeal: “On Universal Jurisdiction”
Posted: Sat Sep 01, 2018 8:24 pm
Repeal: “On Universal Jurisdiction”
A resolution to repeal previously passed legislation.
Category: Repeal
Resolution: GA#312
Proposed by: Imperium Anglorum
General Assembly Resolution #312 “On Universal Jurisdiction” (Category: International Security; Strength: Significant) shall be struck out and rendered null and void.
This august World Assembly,
Concerned that the target resolution requires nations to prosecute in section 3, but that the target does not also require that nations provide prosecutors with information they may have, meaning that the target sets up a prosecutorial scheme where nations may be prosecuting persons without a full accounting of the facts,
Observing that section 7 of the target resolution “[f]orbids the World Assembly from preempting a member state’s claim to universal jurisdiction under this resolution, including but not limited to through an international criminal court or a substantially similar institution”,
Seeing that it is patently obvious that this section prohibits the Assembly from establish an international court,
Believing that a lack of such a court means:
there are few prosecutions of war criminals and perpetrators of genocide, since (i) prosecutorial discretion exists from differing interpretations of section 3(c) and (ii) such criminals and perpetrators would not willingly move themselves to jurisdictions which would prosecute them and
victims of war crimes and other crimes against humanity are unlikely to receive justice, as (i) even when prosecutions occur, they will likely be in friendly jurisdictions, meaning that they will be slaps on the wrist and (ii) section 3(b) prohibits a second trial, even when punishment is minimal to nonexistent,
Expressing its malcontent at this state of affairs, where criminality of the worst degree is not punished, where the international rules-based order is unable to deter would-be tyrants from engaging in mass murder or other heinous crimes,
Saddened at the deaths caused by the Assembly’s inability to act and the incredible injustices that the Assembly is unable to take action to right, and
Calling for the creation of an international criminal court to resolve these issues, hereby:
Repeals GA 312 “On Universal Jurisdiction”.
A resolution to repeal previously passed legislation.
Category: Repeal
Resolution: GA#312
Proposed by: Imperium Anglorum
General Assembly Resolution #312 “On Universal Jurisdiction” (Category: International Security; Strength: Significant) shall be struck out and rendered null and void.
This august World Assembly,
Concerned that the target resolution requires nations to prosecute in section 3, but that the target does not also require that nations provide prosecutors with information they may have, meaning that the target sets up a prosecutorial scheme where nations may be prosecuting persons without a full accounting of the facts,
Observing that section 7 of the target resolution “[f]orbids the World Assembly from preempting a member state’s claim to universal jurisdiction under this resolution, including but not limited to through an international criminal court or a substantially similar institution”,
Seeing that it is patently obvious that this section prohibits the Assembly from establish an international court,
Believing that a lack of such a court means:
there are few prosecutions of war criminals and perpetrators of genocide, since (i) prosecutorial discretion exists from differing interpretations of section 3(c) and (ii) such criminals and perpetrators would not willingly move themselves to jurisdictions which would prosecute them and
victims of war crimes and other crimes against humanity are unlikely to receive justice, as (i) even when prosecutions occur, they will likely be in friendly jurisdictions, meaning that they will be slaps on the wrist and (ii) section 3(b) prohibits a second trial, even when punishment is minimal to nonexistent,
Expressing its malcontent at this state of affairs, where criminality of the worst degree is not punished, where the international rules-based order is unable to deter would-be tyrants from engaging in mass murder or other heinous crimes,
Saddened at the deaths caused by the Assembly’s inability to act and the incredible injustices that the Assembly is unable to take action to right, and
Calling for the creation of an international criminal court to resolve these issues, hereby:
Repeals GA 312 “On Universal Jurisdiction”.