NationStates Jolt Archive


UN Proposal: Right of Extradition

Mauribritania
28-03-2007, 22:13
Esteemed UN members and delegates!
Recently I put a proposal before the UN concerning Extradition in the international community. The proposal needs 110 votes by Friday in order to become a resolution. This proposal was submitted as follows:

Right of Extradition
A resolution to restrict political freedoms in the interest of law and order.


Category: Political Stability
Strength: Strong
Proposed by: Mauribritania

Description: Recognizes that people may flee to another nation in an effort to escape justice.

Acknowledges the right of a nation to try a person that has committed a crime in their nation.

Notes that justice must be served regardless of whether a person has crossed a boundary line or not.

Also acknowledges that that person is under the protection is under the protection of international law regardless of what nation they are tried in.

Hereby

Defines extradition as: the surrender of an alleged fugitive from justice or criminal by one nation, or authority to another.

Requires nations to return a fugitive from justice to the nation that the crime was committed in.

Permits nations to delay returning the fugitive if the fugitive is serving prison time in that nation.

Dictates that if the fugitive is indeed serving a jail term, the fugitive must be extradited the minute he or she steps out of the jail.

Allows for negotiation in the case of the fugitive serving a life term in one nation and being sentenced to death in another.

Requires that the nation in which the crime was committed be allowed the option of punishing the person as their laws dictate - if the fugitive has undergone a trial and been found guilty.

Mandates that all fugitives must be allowed a trial.



It is my hope that you will assist me in gaining the necessary votes for this proposal. If you do find yourself so inclined to support it, it can be located in the UN list of proposals as "Right of Extradition". I thank you for your time and hope that you will support my proposal.
Yours,
Mauribritania
UN Delegate for the region of Burbujas
Frisbeeteria
28-03-2007, 23:58
You also posted this message in the NationStates and International Incidents forums. Please don't do that again. There is a reason why we call this the United Nations forum.
Quintessence of Dust
29-03-2007, 00:01
This - as title clash might suggest - contradicts "Right to Refuse Extradition". All UN states have the right not to extradite to states using the death penalty; your proposal would need allowance for this (unless the 'Allows' clause, which is utterly incomprehensible to me, already does).

-- George Madison
Legislative Director
Quintessence of Dust Department of UN Affairs
Kelssek
29-03-2007, 08:16
What about cases of differing crimes or punishments between nations?

For example, say someone from a theocracy fleeing blasphemy charges enters Kelssek as a refugee. How can you expect us to arrest and extradite someone for doing something that is not an offence in our country - that is, we don't even recognise it as a crime?

On the other side of the coin, for us drink driving itself is a serious crime. We're talking jail of up to 20 years here. Another country may in fact consider it to be a valid legal excuse because the person doesn't know what they're doing. Even if he ran over and killed someone here, we certainly would not expect them to extradite the person to us any more than we would extradite a heroin smuggler, who at the most would face a fine for evading customs duties, since heroin is completely legal in Kelssek.

Both human rights and national sovereignty are going to be big issues here.
Cluichstan
29-03-2007, 13:22
Esteemed UN members and delegates!
Recently I put a proposal before the UN concerning Extradition in the international community. The proposal needs 110 votes by Friday in order to become a resolution.

OOC: Um...no. It needs 110 endorsements by Friday to reach the floor for a vote by the full assembly. Only if it passes the floor vote does it become a resolution.
St Edmundan Antarctic
29-03-2007, 15:53
Mauribritania: You might find a proposal that I submitted (unsuccessfully) a few months ago (http://forums.jolt.co.uk/showpost.php?p=11703164&postcount=25) interesting...
Paradica
29-03-2007, 18:21
OOC: Um...no. It needs 110 endorsements by Friday to reach the floor for a vote by the full assembly. Only if it passes the floor vote does it become a resolution.
OOC: Technically, they're approvals not endorsements.
Cluichstan
29-03-2007, 18:46
OOC: Technically, they're approvals not endorsements.

OOC: Yes, absolutely right. It was too early in the morning for me to be posting, obviously.