NationStates Jolt Archive

Habeas Corpus

Category: Human Rights Strength: Significant

Habeas Corpus; by the passing of this resolution instituting the legal principle of Habeas Corpus by the voting members, Habeas Corpus will thus be affirmed by the United Nations as a set and irrefutable legal principle to which all member nations and all associated internal agencies, both public and private, are subject.

Recognising that Habeas Corpus is a founding principle of law in many nations, the UN formally adopts Habeas Corpus across all member states.

To clearly define Habeas Corpus:

Habeas Corpus is the legal principle that gives a person the right to not be held without charge. A charge must be filed with the judicial authorities of the country in which the suspected crime is committed within 24 hours of the person being held by police, or any other body charged with the upholding of the nation's laws. Habeas Corpus also declares accordingly that once a charge is filed, then the person should be treated as per the Definition of Fair Trial resolution.

Further noting,

If the captured or detained person is a prisoner of war or is captured or detained in an area of military conflict by forces of whom may be recognised as the opposition, then he or she must be held as per the previously recognised and enforced Wolfish Convention on PoWs.

So, how's this? This is the same as was last submitted. Just posting this now to test the waters, and for any last minute changes.

Last submission, this got 37 endorsements. Hoping for more this time.

It will have my approval again. :)

Tactical Grace
UN Delegate / Minister of War / Defence Consultancy
Mercia The Next Generation (http://www.nationstates.net/cgi-bin/index.cgi/target=display_region/region=Mercia_The_Next_Generation)

As a military nation we hold that law and military jurisprudance be upheld. If proposed as a resolution, the Terran Assemblage will back it, further more I ask that any other nation of military heritage vote yes. Honor dictates that we can do no less than to treat citizens in a fair and just matter, and that prisoners of war be respected with full rights under the conventions of conflict for any military power.

Enn, I've one suggestion, where you say all internal agencies, say both public and private, as some would validly assume it to mean government ones only. Just a suggestion.

- The Rep of Komokom.

Thanks, Komokom.

Thanks again, you're a big help today Kok.

His high emminence
TAJ

Thanks again, you're a big help today Kok.

His high emminence
TAJ
Huh? What the...?

Aside from that, a bump for the next few days.

Bump.

Unless someone has serious problems with the proposal as it stands, I will be submitting this tomorrow, and will begin lobbying for its passage.

Don't worry Enn, just me not ripping some one a new one over a U.N. forum violation, heh heh heh one of my rare "not stomp on people" periods., where I tell them what they've done wrong and how to fix it, and why.

Which I usually do, unless they really really really deserve it.

:wink:

For example, anything that is anti-homosexuality... My god those pinging repeal people really ping me off...

:)

Oh, despite the horror and controversey :wink: , it looks like T.C.'s proposal will pass by nearly a 2000 margin tonight, hurrah, I'd say Enn, once you've dragged yours through the endorse period, you should have no troubles. :)

- The Rep of Komokom.

I will be urging my delegate to endorse this proposal - it is a fundamental act that (in my opinion) reinforces the essential rights all humans should be entitled to, and introduces an additional amount of credibility to the legal process.

Bump.

Final chance for critique before I submit in a few hours.

Habeas Corpus has now been re-submitted, and I implore people to tell their delegates about this proposal.

human rights laws?,only those with something to fear need laws to protect themselves.....waste of paper!

Enn, thanks for answering my question earlier. I was able to get on or I'd have gotten you the AE support sooner.

Anywway I beleive you have the endorsement of hte Atheist Empire delegate ((and if not I'll go IM pester him some more... ))

This is being touted to the region of Moral Capitalists.

As I see it, this is a pretty simple and straightforward piece of legislation, essentially stating that no person in a UN member nation can be detained purely on the whim of the authorities, and that a formal charge must be filed within a day of arrest. Naturally, I am strongly in favour of this principle.

This can only throw up two real objections:

- The usual "national sovereignty" argument, ie if a country wants to have summary detentions and extra-judicial executions without the filing of charges, it should be free to do so. In my opinion, if you are faced with objections along these lines, you should not be afraid to say that the UN can and should interfere with internal issues of this nature, as the history of past Resolutions forms a clear precedent that UN membership means being subject to certain conventions, including not throwing people into dungeons for no reason.

- That this is an obscure/dry matter that could be said to have been dealt with anyway under Article 6 of the Universal Bill of Rights - "No human beings will be subjected to arrest or exile without an explicit list of their offenses" - but that is not anywhere near as clear and specific as your proposed Habeas Corpus, and only states that the detained individual should be informed of his/her alleged offence, not that a formal filing of charges should be made. I believe that your superior clear-cut statement of this principle is the way forward, rather than relying on individual nations' interpretation of a single clause in another Resolution.

And so I wish you luck.

Tactical Grace
UN Delegate / Minister of War / Defence Consultancy
Mercia The Next Generation (http://www.nationstates.net/cgi-bin/index.cgi/target=display_region/region=Mercia_The_Next_Generation)

Thankyou all for your support so far.

At the moment, its 29, with 124 still to go.

36, needs 117. Come on people! Please? Pretty please with sugar on top?

Sorry, we cannot support this resolution.

Main reasoning = We hold terrorist *ricks with no charges... then we exile them into international waters.

Hmmm. Minus the boats, right? :wink:

- The Rep of Komokom.

w00t! Have passed the previous total, now have 38! With more than a day left!

Hmmm. Minus the boats, right? :wink:

- The Rep of Komokom.

We fly them out via helicopter. Before they are "exciled".. we protect them from possible shark attack by welding a medieval suit of armour around them. Works wonders.... we have never had a repeat offender.

Bishop Hassan, Minister of Intollerance for all Psychotropics

Why am I not surprised... :roll:

:wink:

- The Rep of Komokom.

61, 92 to go! Thank you, people! Continue!

63, needs 90.

If it doesn't happen this time, it will be submitted again. Aside from the original TGs to people who endorsed it the first time and updates here, I haven't been able to do much campaigning, due to family matters.

(Bump)

- The Rep of Komokom.

Actually I'm not sure, but I think my vote was deleted when I was ejected from the UN. :( More's the pity for you and me.

Majority! Has 85, needs 69. Thank you everyone, I will definitely be re-submitting this next weekend.

Congratulations on your success, Rep. Enn! Despite not reaching quorum, you've amassed quite a few approvals.
Gethamane wishes you luck on your next attempt, and we will continue to support this proposal upon its resubmission. :D

Now it's 87/67.

*hick* What kind of crap are you trying to pull here ? Habeas Corpus is for the weak. Just beat them to death with the limbs of their most favored loved one. That'll teach 'em *hick*

Now which one of you losers wants to get me another BEER!?

89/65. Next weekend.