NationStates Jolt Archive

For The New Case against the recent captured fugitive, Akibura.

tag for posting when he gets arrested

(Who? (Damn introspective intelligence services))

Let General Liu be the executioner when he's found guilty.

*TAG*

TAG...

How will this court be made up?

The Empire would like to join this court based on its parameters.

What I believe is this:

5 nations should call it
A Chief Justice should be appointed
Criminals should be brought to trial when they have committed "International Crimes Against All Chinese People"

I would like to ask that nations be able to subscribe to being a nation of "Chinese People".

Perhaps the specific reference to 'Chinese' ethnicity would be an error, giving the impression of two-tier courts.... not a good practice for any sort of lasting judiciary.

Yes, I do agree.

We propose that the proposed court have the following components.

1) Judicial Tribunal. Five judges, one of whom serves as Chief Justice. The judges shall be responsible for procedural control of the trial, supplementary questioning of witnesses and lawyers, judging fact and degree of guilt or innocence, and deciding sentences (within pre-set parameters). Judges should be nominated/selected from amongst AA nations, based on impartiality and capability, and should not be from nations involved in Prosecution or Defence.

2) Court Committee. This Committee should have a member from each AA nation, and should be responsible for deciding on exactly what constitutes 'war crimes', and what sentence parameters should be applied. The Committe should have no control over actual trials.

3) Prosecution. Nation(s) who make an accusation which results in a trial should take up Prosecution of the case. This involves gathering and presenting evidence, calling and cross-examining witnesses, and making arguments to the Judiciary, as well as deciding which crimes would be included in the initial indictment and suggesting sentences to the Judiciary.

4) Defence. The Accused will have the right to defend him/herself, and to bring in any other party to assist or lead their defence, according to their resources. The Defence shall gather and present evidence, call and cross-examining witnesses, and make arguments to the Judiciary, as well as suggest sentences to the Judiciary.

5) Court Guard The Court Guard shall administer and provide staff and security for Court facilities. They shall be drawn from the militaries and bureaucracies of AA members, and shall have no power over judicial policy, or over trials.

Great mapping and conlcusion of the court organization and managing.

Xiaguo supports the Spyrian plans for the court hearings.

The Sinoese Ministry of Justice has been gathering evidence of Akibura's actions resulting as war crimes ont he Sinoese population. These finding shall be published in the next few days.

Spyr suggests that the AA Court being designed here, baptized with the trial of Akibura and the imperialist criminals, be made a permanent part of the AA, for the furtherment of international justice.

Spyr also proposes the following as the 'war crimes' the Court will consider.

1) Genocide: Mass killing of people, based on race, gender, ethnicity, or religious beliefs.
(Life imprisonment or Execution)

2) Agressive Deployment of Mass-Destruction Weapons: First-strike use of biological, chemical, or radiological weapons, including nuclear weapons but excluding non-lethal chemical weapons (such as tear gas).
(Life imprisonment or Execution)

3) Atrocities against Humanity: The deliberate targeting and destruction of civilians or civilian infrastructure (hospitals, schools, residential housing)
(Life imprisonment or Execution)

4) Opression of Subordinates: Mistreatment of those under command, including civilians under government officials, and military officers under superiors. Such mistreatment includes the inducing of forced labour production, execution of officers seeking to register an Objection to orders, or issuing orders for suicide missions, or execution of civilians.
(Between five and twenty years imprisonment)

5) Inhumane treatment of POWs: Mistreatment of war prisoners. This includes arbitrary execution of prisoners, denial of basic shelter and nourishment, and refusal to accept surrender on the battlefield when such is attempted by enemy troops.
(Between five and twenty years imprisonment)

6) Coercion to Wage an Agressive War: Through force, propaganda, or other means which distort the perceptions or will of a Nation's people, bringing a Nation into an agressive war.
(Ten years to life imprisonment)

7) Deliberate Deployment of Remnant Ordnance: Use of landmines, booby-traps, or placing of other munitions in areas used by civilians, and leaving such weapons in place without arranging to fund and/or assist in their removal post-conflict
(Fifteen years to life imprisonment)

8 ) Acts of Imperialism : The use of an occupied nation's resources or population against their interests, for the benefit of one's own self or territory. Includes the export of POWs or civilians from occupied territories to serve in wartime production roles in ones home nation.
(twenty years to life imprisonment)

As well as direct indictment, there can also be Assistance and Attempted grades of guilt. An Attempted war crime is where planning and intent to commit a war crime exist, but the crime is prevented by an outside source before it is carried out. Punishment shall be the minimum sentence option for the direct crime.

Assisted war crimes occur when, by action or omission, an individual allows or participates in a war crime. This includes soldiers and officers who follow orders which are war crimes. Sentence shall range from two years imprisonment to execution, depending highly on circumstances.
Military officers and troops shall be recognized as having the right to issue an Objection to orders, before carrying them out as they are obliged to do within a chain-of-command. Such an Objection shall constitute a legal defence against an Assistance charge.

The PRS reccomends that this court be studied by AA members, and a final structure be selected, to be adopted as a permanent AA Judicial body.

We also reccomend that a list of war criminals from the Japann war be compiled, along with charges, and that a Tribunal be selected to try those criminals (we suggest East Islandia, Hudecia, Spyr, Agrigento, and Japann nominate judges for the tribunal, and Sino & _Taiwan take charge of prosecution).

Spyr's list of possible war criminals:

1) From Japann
Akibura
Surviving senior officers from the Japanese Imperial army.
Surviving senior officials from Akibura's government.

2) From Red Tide
Any surviving Red Tide officers currently held as POWs.

3) From Bonstock
The three Bonstockian MLRS officers said to be responsible for the bombardment of Taipei.
Gustavus Adolphus, leader of Bonstock.

[tag]

The High Council supports the Spyran model for this trial, being the only proposed option at the moment. The assistance of the Ka-ki is also offered, as some of the ancient order of the Judge Priests have been studying modern and international law abroad. Having no previous biase of the situation, and the fact that NY was not included in the conflict, are factors that lend them as a choice for the Judicial Tribunal or Court Commitee.

Xiaguo ratifies the new court system.

OOC:I don't think we should pull Red Tide and Bonstock into the plot. We've signed an end war treaty and agreed to only put on trial the ones in charge of the Taiwanese invasion. Any how, it has already been done and we cannot make another attempt to do it again.

The government of Hudecia ratifies the new court system.

"Comprehensive and fair so it will not put on show trials, yet powerful enough to actually make a difference" - House Leader MacNally

The PRS recognizes the wisdom of Xiaguo, always a welcome voice of reason and moderation in AA discussions. We amend our suggestion to include only Akibura and those who ordered Taipei's devastation as those indicted for war crimes... any other, smaller matters may be dealt with by Japann's and _Taiwan's judiciaries.