NationStates Jolt Archive

The Socialist Republic of Mirfak's Council approved appropriations today for construction of ten new Mirfakan military fleets, including a prototype assault fleet type, first proposed under Alphin Natasha Burkavik and halted during the occuption. The plans for the assualt fleet, almost complete, will add long-range offensive capability to the Mirfakan Labule for the first time and more than double the pre-occupation combat forces. The new fleets will be constructed as funds are available in the still-recovering national economy, and are forecasted to be complete in ten to fifteen years. The plan also calls for expansion of shipbuilding facilities and a new operations starbase for the Labule. Alphin Kevin Ailes spoke of the plan as "the first step in establishing Mirfak's independent defensive power" and assured the public and a questioning Daiho that the construction of the new fleets will not violate the nation's agreements in the Treaty of Jin Rin. "Although it is not currently known if the fleet expansion will cause an excess of five million metric tons, the Council's legislation gives me conditional personal ownership of the new ships, exempting them from the restrictions of the Treaty [of Jin Rin]," he said in a press release. "Most personnel in the Labule do not have access to personal weapons, making them unarmed." This letter-of-the-law interpretation held by the Alphin and a narrow majority of the Council is controversial. Betina Nilesh, a Councilor who voted against the expansion, expressed her worries. "Mirfak is under the protection of both CoreWorlds and Weyr. This expansion is an unnecessary test of the Treaty, and I can only see it damaging our international relations." Actual construction is currently scheduled to begin early next year.

"Making these ships private vessels of the Alphin is a step backwards towards the days of darkness." An State official warned. "While it may not technically be a violation were they private craft, it is quite frowned upon by the Republic because armed craft are military ships under the treaty, and may actually constitute a violation."

Of course, not many people cared because they had more pressing issues, like war with the Sith...

The Council minority sends a communique to CoreWorlds, asking the government to file suit against Mirfak. They note that, if the Coredian government agrees, the case can be heard in the Daiho and hopefully avoid a treaty review.

The Council minority sends a communique to CoreWorlds, asking the government to file suit against Mirfak. They note that, if the Coredian government agrees, the case can be heard in the Daiho and hopefully avoid a treaty review.
The Administration agreed, and sent a lawyer rep to file suit.

The Daiho agrees to hear the case, and Kevin Ailes commissions a lawyer for the state of Mirfak. The court hears arguments the following month from both sides, and two weeks later delivers its opinion, reached 7-2.

"The two charges of treaty violation brought against the government of Mirfak regarding interpretation of Article One, Section Six and Article Three, Section One of the Treaty of Jin Rin, having been considered fully by the full court, are herein ruled upon.

On the first charge, that construction of spacecraft that exceed the limitations outlined in Article One of the treaty is illegal even if they are placed in private ownership, we rule in favor of the defendant. Though the article at large restricts the use of "military ships," the final section explicitly states that "privately-owned and commercial craft operating in and out of Mirfak shall not be subject to the restrictions of [the] treaty." Because that section encompasses the treaty at large and exempts privately-owned craft without exception, it is by Mirfakan and international legal code supercedent to the preceeding sections. As long as military craft are owned privately, they are not subject to the restrictions of the treaty. The plaintiff's claim is denied.

The second charge, that "armed personnel" as mentioned in the first section of the third article of the treaty in question includes officers without sidearms serving in the Labule, is more complicated. The section forbids "more than 4,000,000 armed personnel in public service, not counting law enforcement personnel." Military service is decidedly not a law enforcement occupation, nor do we believe any signatory party believed it to encompass a military definition. Thus, we rule on the premise that armed personnel in Labule and Nahbule service are in no cases defined as law enforcement personnel, regardless of their duties. However, two disputes remain.
The first dispute comes in defining "armed personnel." The treaty does not do so, so this court will adopt a definition under Mirfakan law. That definition is that armed personnel are any parties in public service that have direct or indirect authorization to operate a weapon of any sort on behalf of their public service, including, but not limited to, personal and shipboard or other artillery weapons.
The second dispute is in the definition of "public service." The defense argues, quite rightly in this court's opinion, that personnel serving in privately-owned ships or military units are not public units. However, the joint facts that they are paid with public funds and serve as public defenders make them legal public servants. The nature of their service is undeniably a public one.
This court finds, therefore, that any personnel with direct access to a weapon that they are authorized to use in the course of their public service is defined as "armed" for the purposes of the treaty, and that such personnel serving the public, regardless of their unit's actual ownership, are public servants. The Mirfakan military may not employ more than four million such persons minus all other armed non-KGB public servants, and any personnel exceeding that limitation are to be immediately dismissed. It is so ordered."

The government reluctantly agrees with the ruling.