NationStates Jolt Archive


Draft: International Criminal Registry Act

Forensatha
21-10-2008, 09:30
International Criminal Registry Act

Category: International Security
Strength: Mild

RECOGNIZING that some criminals commit crimes in multiple nations

RECOGNIZING that some criminals try to escape prosecution for crimes by crossing borders

BELIEVING that international borders should not be a barrier to prosecuting law breakers

ESTABLISHES the International Criminal Registry (ICR)
a) The ICR shall be staffed by randomly-chosen volunteers
b) The ICR staff shall maintain contact with all member nations to update them on all changes to the ICR itself
c) The ICR staff shall not be allowed to arrest or investigate, or assist with the arrest or investigation, or any criminal or person suspected of a crime
d) The ICR staff is prohibited from engaging in police or military actions

MANDATES the International Criminal Registry to be a list of criminals suspected of crossing international borders
a) Any nation may freely submit a criminal or person suspected of crime that they suspect crossed international borders
b) Any nation submitting a criminal is required to give details about what crimes the entry committed or is suspected of and to keep the list updated about that person
c) Any nation may update the list with additional details about a criminal on the list
d) No nation is required to arrest anyone on the list that they do not consider as having committed a crime

STRONGLY URGES nations to work together to stop criminals from crossing borders

URGES nations to work together to bring criminals to justice

URGES nations to do their best to deter criminals from attempting to flee into their lands from another nation

Is there anything that needs changed?

Diplomat Asuka Felna
Urgench
21-10-2008, 10:00
We are struggling to see the point of this resolution ( except perhaps as an exercise in vanity on the part of the respected Forensathan delegacy ) , if the register is not compulsory then it can never hope to be comprehensive and will always be prey to the prejudices or discriminatory urges of member states.

However a compulsory register of this kind is odious in the extreme and probably completely unnecessary and would doubtless conflict with national security on certain occasions.

yours e.t.c.
Forensatha
21-10-2008, 10:17
Unfortunately, as you mention, making this mandatory would naturally create more problems than it would solve.

The idea behind this resolution is to attempt to put an international vehicle in place through which nations can work together to attempt to stop international criminals as well as put the warning out that certain criminals are crossing borders to commit crimes or hide from prosecution. However, I will not argue that it is without flaws. But, at best, this one will realistically never be better than mild.

If this one does not suit as worthy of the WA's attention, I also have one related to medical care I could put up. I was considering working on both at the same time anyway.

Diplomat Asuka Felna

OOC: The one I actually wanted to do is to ban cannibalism. However, that's been unanimously advised or voted against by everyone I've suggested it to. Between the two ideas left, this is the one that won the vote.
Urgench
21-10-2008, 10:45
Unfortunately, as you mention, making this mandatory would naturally create more problems than it would solve.

The idea behind this resolution is to attempt to put an international vehicle in place through which nations can work together to attempt to stop international criminals as well as put the warning out that certain criminals are crossing borders to commit crimes or hide from prosecution. However, I will not argue that it is without flaws. But, at best, this one will realistically never be better than mild.

If this one does not suit as worthy of the WA's attention, I also have one related to medical care I could put up. I was considering working on both at the same time anyway.

Diplomat Asuka Felna





OOC: The one I actually wanted to do is to ban cannibalism. However, that's been unanimously advised or voted against by everyone I've suggested it to. Between the two ideas left, this is the one that won the vote.



Honoured Ambassador Felna should not misconstrue our questions to mean that we think this resolution poorly written or even that the idea it seeks to further is a bad one.

Our position is that the practical application of this statute would lead to some rather unpleasant secondary outcomes, the remedy to which would undo some of the utility of the resolution. This represents in our opinion a classic example of statutory incapacity. The law cannot achieve its own ends without making itself impractical.

Perhaps the approach might be changed, a statutory basis for international police and law enforcement cooperation might in fact be more efficacious ?

yours e.t.c. ,
Eternal Solitude
21-10-2008, 10:45
Our Grandmaster of Judiciary has lodged her personal wish to see this act being taken upon the Quorum of the WA, and to come into fruition.

Our nation whole-heartdly endorse this Act, as this would not only help with curbing terrorism, but also with slave trade, international arms dealing and piracy. However, instead of the Registry comletely operated by R-C-V (Randomly Chosen Volunteers), it would be much more beneficial if supporting nations would station a contingent of their own Crimes Record Unit within the Registry to ease the transition and accuracy ot data.

Of course, such a contingent would abide by the rules of the Registry itself and be on a rotation basis.

In response to the above answer, our nation believes that this Registry, should it come into place, is to be a key stepping stone into the creation of an international law enforcement organisation.

Ambassador Constandinos
Forensatha
21-10-2008, 10:57
Honoured Ambassador Felna should not misconstrue our questions to mean that we think this resolution poorly written or even that the idea it seeks to further is a bad one.

Our position is that the practical application of this statute would lead to some rather unpleasant secondary outcomes, the remedy to which would undo some of the utility of the resolution. This represents in our opinion a classic example of statutory incapacity. The law cannot achieve its own ends without making itself impractical.

Perhaps the approach might be changed, a statutory basis for international police and law enforcement cooperation might in fact be more efficacious ?

Hmm... That's a good idea, actually. I'll try to write up a draft on that and see if I come up with anything worthy of being considered.

Our Grandmaster of Judiciary has lodged her personal wish to see this act being taken upon the Quorum of the WA, and to come into fruition.

Our nation whole-heartdly endorse this Act, as this would not only help with curbing terrorism, but also with slave trade, international arms dealing and piracy. However, instead of the Registry comletely operated by R-C-V (Randomly Chosen Volunteers), it would be much more beneficial if supporting nations would station a contingent of their own Crimes Record Unit within the Registry to ease the transition and accuracy ot data.

Of course, such a contingent would abide by the rules of the Registry itself and be on a rotation basis.

In response to the above answer, our nation believes that this Registry, should it come into place, is to be a key stepping stone into the creation of an international law enforcement organisation.

International law enforcement organizations are illegal under current World Assembly rules.

The other part I'll consider. Let me work on my next draft.

Diplomat Asuka Felna