NationStates Jolt Archive


Punishment of Genocide

Danu
21-09-2003, 02:31
Having considered the declaration made that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world, Recognizing that at all periods of history genocide has inflicted great losses on humanity, and Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,
Hereby agree as hereinafter provided:
Article 1
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article 2
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Article 3
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d ) Attempt to commit genocide;
(e) Complicity in genocide.
Article 4
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
Article 5
The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.
Article 6
Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.
Article 7
Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.
Article 8
Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

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We ask for all Delegates to ratify this proposal and have it placed before the entire UN .
The Global Market
21-09-2003, 02:34
Your definitions of genocide are way too broad. Under it we should've prosecuted every member of the German army during WWII.
Marineris Colonies
21-09-2003, 02:38
Your definitions of genocide are way too broad. Under it we should've prosecuted every member of the German army during WWII.

Yep. Items a), b) and c) under Article 2 easily apply to general armed conflict and not necessarly to genuine instances of targeted genocide.
21-09-2003, 02:53
genocide is good because we could control the population, and end needless suffering
The Global Market
21-09-2003, 02:56
genocide is good because we could control the population, and end needless suffering

My nation is testing its first major IGNORE missiles on you.
21-09-2003, 03:01
genocide is good because we could control the population, and end needless suffering

What gives anyone or group of peoples the right to annihilate any population? No group is qualified to make the decision of who to remove. Plus, it is not morally correct.
21-09-2003, 03:06
the people being killed were probably poor beggars and no gud muggers, therefore they have no use in society therefore they should be killed and their bodies could be used as a coal like substance to create energy instesd of destroying the rainforests for wood or mining for coal.
Marineris Colonies
21-09-2003, 03:13
the people being killed were probably poor beggars and no gud muggers, therefore they have no use in society therefore they should be killed and their bodies could be used as a coal like substance to create energy instesd of destroying the rainforests for wood or mining for coal.

You've read _Brave_New_World_ by Aldous Huxley I see. Good that some should be (forcibly) sacrificed for the whole, everyone belongs to everyone else afterall...
Danu
21-09-2003, 04:58
Your definitions of genocide are way too broad. Under it we should've prosecuted every member of the German army during WWII.

So how would you codify these definitions so that they are not so broad?
The Global Market
21-09-2003, 14:22
Your definitions of genocide are way too broad. Under it we should've prosecuted every member of the German army during WWII.

So how would you codify these definitions so that they are not so broad?

Like this: [my changes are in bold], except for the deleted stuff of course

Having considered the declaration made that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world, Recognizing that at all periods of history genocide has inflicted great losses on humanity, and Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,
Hereby agree as hereinafter provided:
Article 1
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article 2
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Purposely killing asubstantial quantity of members of the group without orders from a higher-ranked individual[OOC: Under the original, a country could claim genocide during war because all of the troops that were killed were of the same national group]
(b) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part without orders from a higher ranked individual
[OOC: The superior order thing is very important, because we should only prosecute the people that actually had the power to stop it... the rest were just following orders... Nuremberg's hanging of Keitel and Jodl as well as their imprisonment of Donitz and Manstein was detestable at best]
Article 3
The following acts shall be punishable:
(a) Organization of Genocide without superior order;
(b) Conspiracy to commit genocide without superior orders
Article 4
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals. [OOC: I don't see how a privaet individual would have the means to commit genocide]
Article 5
The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.
Article 6
Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction. [OOC: I deleted the "state" thing. Don't want any crazed vigilante Israelis violating International Law and National Soveregnity through personal assassination campaigns]
Article 7
Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

"There is no such thing as collective guilt."
--Albert Speer
Danu
21-09-2003, 18:34
Those seem to be reasonable changes. As for the private individuals I would point out the leaders and members of paramilitary groups would be considered private individuals or organizations.
The Global Market
21-09-2003, 18:38
Those seem to be reasonable changes. As for the private individuals I would point out the leaders and members of paramilitary groups would be considered private individuals or organizations.

What paramilitary group has committed genocide before?
21-09-2003, 23:06
say wat y'all like i can't pinpoint one person unless i think for a while and it's the weekend and i don't feel like it but y'all freaks that support genocide are crazy it's not right and it's evil way of showing disappreciation for life and other people would u like it if sum dude just showed up on ur doorstep and wuz all like hey kid i'm gonna kill u n a panic u say well...y sir and the dude says well ur grass is too tall or i didn't like ur pants yesterday it's all about freedom and self-expression
22-09-2003, 06:14
Targeted genocide is quite acceptable. Morals only apply when you are the loser. I will control my population in whatever methods I see fit. Gassing is the best method. Unfortunately I've had some trouble with people in the way of the Destiny of the Land. So I've had to slaughter many millions of people using my armed forces. Then I have to kill the soildiers so they don't contaminate the minds of the populace. So usually a land clearing takes about 3 million lives.

My blooper reel contains all sorts of stuff. One time we had a soildier in the military exterminating his own family. We told him just before we shot him. The look on his face was PRICELESS!

Anyhow... Thats my best argument for genocide. There should definately be more of that in the world today. Makes life much easier really.
22-09-2003, 11:21
Regarding the "without superior orders" part, what happens if the leaders decide that they want to physically exterminate some group of their own civilian populace?
Danu
22-09-2003, 11:50
Those seem to be reasonable changes. As for the private individuals I would point out the leaders and members of paramilitary groups would be considered private individuals or organizations.

What paramilitary group has committed genocide before?

I would point to the paramilitary groups in Yugoslavia, Bosnia, Croatia,etc.
Catholic Europe
22-09-2003, 16:41
genocide is good because we could control the population, and end needless suffering

My nation is testing its first major IGNORE missiles on you.

Catholic Europe is joining in the test fires.