NationStates Jolt Archive

[OCC: This thread will be mainly for developing the law of my rapidly changing nation. It will also eventually be used to host the trials of Torontian warcriminals in Xirniumite custody. The High Clerical Court is the supreme court of Xirnium and the final court of appeal. Any comments, IC or otherwised, welcomed.]

Today the High Clerical Court of Xirnium overturned a long held common law rule that information gained via torture may be submitted as evidence in criminal trials provided the correct disclaimers are made clear to the Court. The decision has been widely applauded by jurists both at home and abroad.

The decision was more a reflection of reality then a departure from the past, as evidence gained by torture has not been submitted for some time in any Xirniumite Court. That said, the defendants in God-Emperor v Varns, God-Emperor v Yelth and God-Emperor v Werath all indicated they would appeal their convictions given this new rulling.

God-Emperor v J

Held, per curiam: The answer to the question was no. There did not exist a rule at common law in Xirnium that evidence gained via torture could be submitted to Courts of Law. Furthermore, any such evidence must be by its very nature illegal and disqualified from being submitted.

Per Hithar CJ, Nihtlan J and Volath JJ (Fridor J concurring):

If it was ever the common law in Xirnium that evidence gained via torture may be submitted to a Court of law under any circumstances it was no longer the common law. Such a notion was out of keeping with the view society and the legal proffession now took regarding evidenciary procedures.

Per Nihthlan J (Hithar CJ concuring):

Recent changes to statute by the High Ecclesiarchy outlawing torture provided substantial cause to believe that the legislature no longer view torture as a valid method of intelligence gathering.

Per Volath JJ (Fridor J, Hithar CJ, Nihtlan J concurring):

At common law illegal methods of intelligence gathering must necessarily exclude information from being used as evidence.

Per Volath JJ:

God-Emperor v Nithath was applicable.

Order

That the decision of the appelant court in finding for the defendant in God-Emperor v J be maintained and direct that the this case be used as precedent for further cases.

OOC: You planning to declare war on McKagan because he has Tanakis? Could be interesting.

OCC: In my opinion Xirnium has more then enough wars to worry about at the moment. The Xirniumite economy has been shattered by the extent of the carnage at home, and I hope not to have to go to war with anyone else soon. Tankis is hated enough that others can go after him, I'm content to try the 42 warcriminals that I already have in my custody.

The Holy Empire of Saint Fedski and the Interm Government of Torontia recognize the authority of the court. An agreement has been reached that a Saint Fedskian and Torontian delegation would attend the trials with the ability to question witnesses and make objections.

An eleventh hour bid, launched in the High Clerical Court, to appeal the Court of Appeal’s verdict in a case contending that the trials of 43 suspected Torontian warcriminals be declared illegal has failed today.

The military tribunals will progress as planned, and every Torontian officer shall be tried under Xirnium law.

Chief Justice Lord High Hithar addressed the press:

‘Firstly, let me point out that, under Xirnium’s common law, it has never been the case that a declaration of war invalidates a nation’s sovereignty over its own territory. Sovereignty is a power and right, recognised or effectively asserted in respect of a defined part of the globe, to govern in respect of that part to the exclusion of nations or states or peoples occupying other parts of the globe. Therefore, the government is well within its rights to uphold its own laws within its own borders with respect to the alleged Torontian warcriminals.

‘May I also say that, since Torontia’s war of aggression against Xirnium has since been declared by this very court as unlawful, ie not a ‘Just War’, and the conduct of that war has also been found to be unlawful there really is no conceivable reason why we should not proceed with these trials under Xirniumite law.

‘Finally, I might point out that the Xirniumite constitution, a common-law constitution, provides plenty of ratio decidendi for trying foreign combatants under Xirniumite laws developed expressly for that purpose.’

[OCC: Saint Fedski or anyone else, do you want to provide defence attroneys for the warcriminals? Some might think this is a sham trial if Xirniumite lawyers represent the defence.]

I'm not very good with law talk, but I'll dry to defend em.

OCC: Let me just point out I'm not going to rp the whole trial and I wont rp every trial, just snippets that make for interesting story.

Court Transcript: Xirnium Warcrimes Tribunal, Defendant 13, Part 3 - Day 9.

Begin Transcript

Galdria (Prosecution): May it please the Court.. I wish to present Prosecution Exibit 67J-R.

President: Yes of course, Lady Galdria..

Galdria (Prosecution): Thankyou my Lords. The following is a recording of a conversation held between the defendant and the bomber crews of a flight he was escorting. (She clicked a remote and the conversation played)

"I think this is a job for one of you guys."

"Shit, this dump will only need one of you to turn it into a graveyard"

"Hey wait a sec, Im gonna take that shithole out"

"That will teach those braindead stupid fucks to worship some crackpot 'God'"

"Lets see if their so-called 'God' is going to protect those dickheads now"

"Okay, I had my fun, now blow this shithole to Hell"

Permission to question the witnesses, my Lords?

President: Carry on.

Galdria (Prosecution): State your name for the record.

Mathews (Defendant): J Mathews.

Galdria (Prosecution): And were you one of the F-16 pilots in that recording.

Mathews (Defendant): I was not.

Galdria (Prosecution): You were not.. Do you realise, Mr Mathews, that you are under oath? This discussion was recorded by your military. It states it comes from your plane. And you mean to tell me that it was not you?

Mathews (Defendant): Well ma’am..

Galdria (Prosecution): Address me as Lady, I have a noble rank..

President: The defendant is reminded that he is to address the prosecutor by her noble title.

Mathews (Defendant): My apologies Lady, what I mean to say..

Galdria (Prosecution): May it please the court, I’d like to present exhibits 67J-S and 67J-T. The first is a Torontian record describing the serial number of the person in the conversation, from the command headquaters that moniters the transmissions, the second is a Torontian record indicating that our Mr Mathews was the pilot of said aircraft..

President: Is there anything that you have to say to that, Mr Mathews?

Mathews (Defendant): Well… I mean.. you see.

Galdria (Prosecution): Mr Mathews, did you not say that, quote, "Lets see if their so-called 'God' is going to protect those dickheads now" and, quote, "Okay, I had my fun"?

Mathews (Defendant): Well I don’t recall..

Galdria (Prosecution): Mr Mathews I can play the tape again!

Mathews (Defendant): I admit I said that, but it doesn’t make me a murderer!

President: I think that's enough, Lady Galdria..

Galdria (Prosecution): May it please the court, Prosecution Exhibit 67J-U. My Lords, this audiovisual material from Mr Mathews’ aircraft showing how he ruthlessly fired on a church and school, civilian targets…

End Transcript

Message from the State of Amestria

We condemn this trial as illegal and unfair. The accused should be tried before an International Tribunal. Xirnium has no legal authority to try them before its courts under its own laws. It also has no legal authority to declare the Torontian invasion illegal. This is a show trial which outcome has been predetermined.

Judicial Edict of the High Clerical Court of Xirnium

The Amestrian government does not have the jurisdiction to declare any actions of the HCC illegal under Xirniumite or indeed international law. The HCC is the supreme court of Xirnium and under the Xirniumite Constitution is the ultimate interpretator of the law of Xirnium. The HCC has already ruled on this matter. We direct your nation to read Fritath v High Ecclesiarchy for the full judgment on the matter of the legality of the current trials.

Lord High Hithar
Chief Justice of the High Court of Xirnium

The Government of Kahanistan would provide a defense attorney, but our knowledge of Xirniumite law is very limited, and as an Adamantine Alliance member our credibility as defense counsels would be tainted by accusations of collusion with our allies by those who would argue that this is a show trial.

Official Imperial Transmission

Most Noble Xirnium,

If any of the said defendants have not yet obtained lawyers for themselves, the Empire would be willing to send personnel to do this.
If any say this could be a set up to ensure all these Torontians are found guilty, then we utterly object. There could be no stronger defence for a person on trial than an Imperial Lord.

Court Transcript: Xirnium Warcrimes Tribunal, Defendant 4, Part 2 - Day 6.

Begin Transcript

Galdria (Prosecution): State your name for the record please.

Simons (Defendant): D Simons.

Galdria (Prosecution): And you were a member of the Tanakis regime?

Simons (Defendant): I was.

Galdria (Prosecution): Which section particularly?

Simons (Defendant): Er… Economic policy.

Galdria (Prosecution): Ahh, part of Finance, hmm? And you worked on anything regarding the Xirnium War?

Simons (Defendant): Certainly not!

Galdria (Prosecution): Certainly not? Well.. you were aware of Tanakis’ post-war intentions for Xirnium?

Simons (Defendant): Indeed no, my Lady.

Galdria (Prosecution): Liar. May it please the court.. Prosecution exhibit 43D-V. A video recording of an excerpt from a Tanakis speech. I direct my Lords to focus on the second row, to the left of Foreign Minister Rove, barely visible for a moment.

President: Proceed Lady Galdria, I hope this is going somewhere..

(The court listens to a Tanakis speech where he declares a war of annihilation against Xirnium)

Galdria (Prosecution): Freeze frame. There, my Lords! Our Mr Simons.

Simons (Defendant): Yes but.. come on, this is just a propaganda speech. And in any case I was not a party to forming the Xirnium-related policy of the Tankis regime.

Galdria (Prosecution): Ahh, of course. How foolish of me. May it please the court I wish to present “Order 678: Economic Plans for Greater Torontia”, exhibit 43D-U.

President: From where was this order obtained?

Galdria (Prosecution): My lords, it has been recovered from the Torontian archives, due to our great friends the Saint Fedskians. I trust you all have copies.. you don’t Mr Simons? I apologise, how careless of me. Take mine.

President: Continue, Lady Galdria, don't try the patience of this court.

Galdria (Prosecution): Thankyou, my Lords. I refer to point 7 of Section 1, that Xirnium be divided up amongst Kraven and Torontia.

President: Hmm..

Galdria (Prosecution): Section 3, subsection 2, that, following the war Xirnium will be settled by Torontian colonists. Section 9, subsection 1. I quote, “the citizenry of Xirnium as a whole is to be exterminated in order”.
(Outbreak of commotion)

President: Order! Order! There will be order in this court. Go on, Lady Galdria.

Galdria (Prosecution): I request permission to question the witness, my Lords.

President: Carry on.

Galdria (Prosecution): You were aware of this criminal order?

Saint Fedskian Attorney (Defence): Objection, my lords! Criminal? We’ve not determined that yet.

President: Yes indeed, sustained. Be warned, Lady Galdria.

Galdria (Prosecution): My apologies. Mr Simons, you were aware of this order?

Simons (Defendant): I was not.

Galdria (Prosecution): You were not.. We’ll.. whose signature is on the order?

Simons (Defendant): My lady, I can’t read the signature on..

Galdria (Prosecution): Rubbish! That signature is yours. You signed the illegal order.

Saint Fedskian Attorney (Defence): My lords.. what is this? We’ve already..

President: Indeed we have. Lady Galdria, we are warning you..

Galdria (Prosecution): Is that your signature!

Simons (Defendant): I did not write the order!

Galdria (Prosecution): Is that your signature!

Simons (Defendant): I did not write the order!

Saint Fedskian Attorney (Defence): My lords.. please! We can’t have the prosecution shouting at the witness like this!

President: That’s right. Lady Galdria, leave this line of questioning.

Galdria (Prosecution): My lords..

President: Leave this line of questioning!

Galdria (Prosecution): Hmm.. may it please the court then, I present defence exhibits 43D-W, 43D-X, 43D-Y, 43D-Z, 43E-A, 43E-B, 43E-C, 43E-D..

Saint Fedskian Attorney (Defence): My lords, what is this nonsense?

President: Yes, the panel would like to know too, Lady Galdria.

Galdria (Prosecution): My lords, these are all documents issued by the defendants office, with his signature on them, and they are identical to the signature of exhibit 43D-U, the order. The order that suposedly our Mr Simons has not signed..

End Transcript

Official Imperial Transmission

Most Noble Xirnium,

If any of the said defendants have not yet obtained lawyers for themselves, the Empire would be willing to send personnel to do this.
If any say this could be a set up to ensure all these Torontians are found guilty, then we utterly object. There could be no stronger defence for a person on trial than an Imperial Lord.

Judicial Edict of the High Clerical Court of Xirnium

Of course your honourable and proffessional attorneys may indeed represent the defendants, so long as that is consistant with their wishes. We doubt you will have to much trouble in this regard, as they are none to impressed with their court appointed Xirniumite representatives, despite our lawyers' high competance in the law of Xirnium.

Lord High Hithar
Chief Justice of the High Court of Xirnium

[OCC: Feel free to take up the trial anywhere you choose]

Judicial Edict of the High Clerical Court of Xirnium

Of course your honourable and proffessional attorneys may indeed represent the defendants, so long as that is consistant with their wishes. We doubt you will have to much trouble in this regard, as they are none to impressed with their court appointed Xirniumite representatives, despite our lawyers' high competance in the law of Xirnium.

Lord High Hithar
Chief Justice of the High Court of Xirnium

[OCC: Feel free to take up the trial anywhere you choose]

Official Imperial Transmission

I believe Lord Saroir is already in Xirnium. We will send her to the court immediately and you may assign her to whoever needs defence.

OOC: you can either just put me into one of the trials and then ill start to RP or I can just wait for the next defendant (seeing as this one says it has a saint Fedski defence).

OCC: I'll allow you to cross-examine the next witness for the prosecution, if you like. She'll be defending the commander of the bomber wing, perhaps Xirnium's most important warcrimes suspect.

Check TGs.

The idea's good, but i sent you a TG back just to clarify what you want me to do

Court Transcript: Xirnium Warcrimes Tribunal, Defendant 2, Part 7 - Day 26.

President: Call your next witness, Lady Galdria.

Galdria (Prosecution): May it please the court, I call on F Johnson.

Clerk: Do you swear to tell the truth, only the truth and the entire truth, in the name of the Immortal God-Emperor?

Johnson (Witness): I swear.

President: Begin, Lady Galdria.

Galdria (Prosecution): State your name for their Lords.

Johnson (Witness): F Johnson.

Galdria (Prosecution): Excellent. Could you state your relationship with the defendant?

Johnson (Witness): He was my Wing Commander, my Lady.

Galdria (Prosecution): And what was your role?

Johnson (Witness): I was a co-pilot on a Torontian B-52.

Galdria (Prosecution): Splendid, and what did the defendant command?

Johnson (Witness): The B-52 Bomber Force that murdered the innocent civilians at Gryat and…

President: We’ve warned you numerous times Lady Galdria.. once more and we will be holding you in contempt. Control your witness.

Galdria (Prosecution): My apologies, Lord Justices. It wont happen again. Witness, please answer my questions only and don’t elaborate.

Johnson (Witness): Yes ma’am.. I mean my Lady.

Galdria (Prosecution): Hmm. Very well, please explain what occurred on the 4th of November 2005.

Johnson (Witness): My Lady, I was informed that our Commander had told us that we would..

President: Lady Galdria, have you prepared your witness at all?

Galdria (Prosecution): I apologise, my Lords, but I have. Numerous times. He doesn’t seem to understand..

President: Mr Johnson, what you are doing is called heresay. Tell us only what you witnessed.

Johnson (Witness): I’m sorry..

Galdria (Prosecution): Look at me, Mr Johnson. Here, take this glass of water. Describe what the commander said to you.

Johnson (Witness): Well, it was before the mission. And he had gathered the pilots of all the bombers to give us our orders..

Galdria (Prosecution): Yes, go on.

Johnson (Witness): Well the Commander.. that’s our base commander, informed us that we were to target civilians specifically.

Galdria (Prosecution): His exact words?

Johnson (Witness): Well.. they were “you are to target especially population centres and civilian targets in order to break the morale of the Xirniumite people.”

Galdria (Prosecution): I see, he specifically said that?

Johnson (Witness): Yep, he also said we would, “blow the fucking peasants to hell”.

Galdria (Prosecution): No further questions, my Lords.

President: Council for the defence? Your witness.

Court Transcript: Xirnium Warcrimes Tribunal, Defendant 2, Part 7 - Day 26.

Saroir (Defence): With the courts permission, I will now cross examine the witness

President: Proceed, Lady Saroir.

Saroir (Defence): Mr Johnson, you claim that the defendant ordered you to bomb the civilian targets.

Johnson (Witness): Yes, I was told…

Saroir (Defence): You didn’t get over Zealous in the heat of a battle?

Johnson (Witness): No.

Saroir (Defence): So, is the court to believe every action you took was an order?

Johnson (Witness): Yes. None of us wanted to do it, but…

President: We’ve established that the defendant was ordered to carry out the task Lady Saroir, what is your point?

Saroir (Defence): My Lords, I submit into evidence exhibit 74L-G, a recording intercepted by the Imperial ground forces, waiting in hiding during the time of the actions in question. (She clicked a remote and the recording began)

(Laughter)

“Look at them burn”

(Sound of explosions in background)

“We should’ve just let Kraven nuke em”

“But then we would’ve missed out on all the fun”

"This'll teach their little brats to grow up fearing us, if any of 'em live

(More laughter)

Saroir (Defence): Is that your voice in their Mr Johnson?

Johnson (Witness): Ah..

Saroir (Defence): Mr Johnson!?

Johnson (Witness): Oh I can’t..

President: Answer the question Mr Johnson.

Johnson (Witness): (Very quiet voice) Yes, that sounds like me.

Saroir (Defence): Please address the whole court Mr Johnson. Is that you talking?

Johnson (Witness): Yes.

Saroir (Defence): The defence submits exhibit 74L-H to the courts – an interview with a survivor of the attack recorded shortly after rescue teams arrived.

Interviewer: Are you sure you are alright? You don’t have to answer the questions yet if you don’t feel up to it.

Survivor: Yes I’m fine I will tell you what happened.

(Pause)

The planes came out of nowhere. We couldn’t hear them over the sounds of the battle...
There were many planes...I couldn’t even count them all. They came diving down out of the sky, dropping large black objects. Wherever those things landed the earth erupted into fire.

(Crying starts)

They killed my wife those F……

(Recording cuts out)

Saroir (Defence): My Lords, the defence also submits exhibit 74L-I, an unexploded weapon found in the remnants of the target area where Mr Johnson’s squadron was operating clearly inscribed with the words “Death to Xirnium!” on it. I move to exclude the witness’s testimony from the record. It is clear that Mr Johnson's testimony is unreliable as he was willing to, and indeed did, take part in the bombardment of the Xirnium civilian area, knowing full well the extend of death caused. The defence also partitions that the court put Mr Johnson on trial for his actions.

Xirnium’s finest legal proffesional, Lady Galdria, was not impressed at all. In one fell swoop, her entire case had fallen apart, and it was perhaps the most critical trial of the all, the commander of the destruction of Grybat! She would definitely be yelling at a lot of solicitors later on in private when the day ended, she promised herself. They said the witness was reliable! But damn, that Yallakian lawyer was good, very good. Galdria had to conceed that.

Placing her glasses on she quickly skimmed a massive volume entitled Prosecution Witness Protocols, remembering a passage she had once read. She massaged her aching calf as she did so.. having to run seven of the most serious of the warcrimes trials at once had proven exhausting.

Clearing her throat she stood up. ‘May I direct my Lords to page 3433, at paragraph 2, Prosecution Witness Protocols, “should a prosecution witness be found to have committed a crime relevant to his testimony warranting trial by the state, and that crime was not known to the prosecution before the witness was made to stand, the prosecution may elect to allow said testimony to stay on record despite the obvious blow to its credibility.” The witness may well be unreliable, but it is still feasible his account of the commanders orders is true.’

‘And, of course, you did only just find out about this, hmm?’ asked the President suspiciously.

‘My Lords I protest, the prosecution wants justice just as much as your Lord Justices,’ the Chief Prosecutor said.

‘Indeed...’

‘If it pleases the court, I’d like to agree with my learned colleague from Yallak that we must file for a trial of the witness. I need only site Jenkins v Ecclesiastical Justice Department as precedent for relevant new evidence of crimes coming to light voiding previous deals made with the Prosecution.’ The shocked and terrified witness couldn’t believe what he was hearing, but Galdria refused to look at him. She was ruthless, and it met nothing to her that some minor player in the war crime would likely be convicted of a captial offence so that her own trial and credibility might be salvaged. In fact, she felt it quite fitting, as the only reason why he had not been tried to start of with was because it was hoped he could help convict the commander. Now that that option was out, there was no use for him.

‘Very well,’ said the President, ‘it's your case. You realise that this revelation supremely weakens your argument?’

‘Yes. I’d like to make it known that I won’t prosecute the witness myself, one of my subordinates will be more than capable,’ said Lady Galdria, and she was right. The Yallakian defence team had already provided plenty of evidence that could be used to prosecute him, and Galdria had more important things to do then deal with then minor trials.

‘If it pleases the court I request a recess to reorganise my case,’ said the Chief Prosecutor, sighing heavily. She had better find something for when it resumed.

‘Granted, Lady Galdria,’ said the President. ‘Next time make sure you do your research properly.’ Xirnium’s finest legal attorney felt like a reprimanded child.

OOC: Something tells me that the Torontian POWs have no hope whatsoever in getting the rating 'Not Guilty', even though it is a fair trial with fair evidence. Why? Because they have done too many crimes for their own lawyers to defend them. But the real question is, has Xirnium really WON the war at home? Because you can only provide so many distractions, that the domestic problem becomes too prominent and too big to solve, and there will be revolt.

OCC: I’m not sure what you mean regarding the problems at home. At the moment Xirnium is fighting a devastating war, and it is usually the case that war will galvanise a people to resist and put aside any differences they may have had previously in order to face that threat. I honestly can’t imagine a revolt occurring while even now Kraven is fighting a war of aggression to enslave the populous.

OOC: I mean to say, eventually the people will have to see through the government's plot, despite the war....

OCC: What plot? The government's wishes are quite clear, to prosecute the criminals.

As for the wider "plot", it depends on the parts of the government:
High Ecclesiarchy - To eliminate the power of the God-Ministry and become the ultimate legislature of Xirnium (Almost completely done, by now the High Ecclesiarchy is definitely the undisputed governing body of Xirnium. It dictates policy to the God-Emperor and the God-Emperor no longer even needs to give its approval for the High Ecclesiarchy's decisions). To further democratise the High Ecclesiarchy. To prove to the world that Xirnium is a western nation.
Holy Judiciary - To assert its complete independence from any and all other arms (pretty much done already, the judiciary is exteremly powerful and has its own paramilitary army). To maintain its position as the sole interpretator of the law of Xirnium.
God-Ministery - To regain absolute control over Xirnium (its never going to happen, before long the God-Minestey is going to be dissolved by the High Ecclesiarchy). The God-Ministery is a joke already.
Inquisition - To maintain and increase its influence.
Armed Forces - To maintain and increase its influence.

There are other factions but that is enough for now.

Lady Galdria’s Private Offices

Xirnium’s most renowned chief prosecutor in a hundred years listened as her colleagues briefed her on the situation regarding the various warcrimes trials currently in progress in Xirnium. The room was extravegantly expensive with polished wooden pannels and a thick oak desk.

‘So anyway, the council for the defence..’ continued Lady Frida, one of the other prosecutors subordinate to Galdria. ‘Who is that, anyway?’ interrupted Galdria.

‘Oh.. umm, Lord Vernan, a Xirniumite attorney,’ replied Frida.

‘Ahh, yes. I’ve been in a couple of trials against him, he’s a good lawyer. Anyway, you were saying?’

‘Yes, well, he’ll probably launch a defence under section 7, subsection 2, Military Crimes Act 1873..’ continued the prosecutor.

Lady Galdria laughed unconcernedly, ‘Just cite Iathern Seperatist Front v High Ecclesiarchy. It may be a century old but its still good law.’

Lady Frida seemed surprised, obviously never having heard of that case before or knowing its significance to her problem, and thanked the Chief Prosecutor before picking up her files and leaving for the Law Library.

‘So what’s next?’ asked Lady Galrdia lazily.

Lord Thoran spoke up, ‘Thymen reports that the Johnson trial is going along admirably, he expects an easy conviction.’

‘Ahh yes, that case,’ said Galdria with savage delight, she had obviously not forgotten the harm that his unreliable testimony had done to her own case against the commander of the bombing wing. ‘Tell Lord Thymen “well done” from me.’

‘I will,’ promised Lord Thoran.

‘Excellent, well.. I need to be in court soon for the continuation of the Commander’s trial, so the rest of this will have to wait until later.’ The rest of the lawyers in her office wished her luck as she got up to leave.

Court Transcript: Xirnium Warcrimes Tribunal, Defendant 2, Part 7 - Day 28.

President: Are we ready to continue?

Galdria (Prosecution): Yes, my lords. I’d like to resume questioning the defendant.

President: Proceed.

Varth (Defendant): (moves to take the oath)

Galdria (Prosecution): No, defendant, your already sworn in. (sorts through her notes) Okay, where were we.. as Commander of the bombing wing in question you were responsible for their actions during the Xirnium war?

Varth (Defendant): My lady I commanded the men but their actions were taken with respect to the bombing of Grybat were without my orders.

Galdria (Prosecution): Of course they were, so you were derelict in your duty.

Saroir (Defence): Objection, my Lords!

President: Sustained. Ask a question, Lady Galdria.

Galdria (Prosecution): My lords, I present defence exhibit 89N-F.

President: And this is?

Galdria (Prosecution): A collection of affidavits from every single Torontian pilot we have captured indicating that the order was indeed given to them to target civilians wilfully.

Varth (Defendant): They’re lying!

President: Silence! The people who made these affidavits, they are now on trial?

Galdria (Prosecution): Yes, my lords, and yet they provided them all the same.

President: Very well.

Galdria (Prosecution): Defendant, you continue to deny you gave an order to willfuly target civilians?

Varth (Defendant): I do.

Galdria (Prosecution): Fine. The prosecution present defence exhibit 89N-G. A written order, from high command. The order lists targets that are to be designated for the bombers. Can you read the 8th item on the list for me?

Varth (Defendant): .. Civilian centres.

Galdria (Prosecution): Indeed, the next?

Varth (Defendant): .. Places of worship.

Galdria (Prosecution): Read out the 11th and 12th please.

Varth (Defendant): Hospitals.. um, schools..

Galdria (Prosecution): My lords, we have sworn affiliates and even an internal memo from the defendant's headquarters indicating that these were the orders. What more do we need?

President: Hmm. Is there anything else?

Galdria (Prosecution): No my lords, the prosecution is done with the witness.

President: Defence, do you wish to cross examine?

End Transcript

Court Transcript: Xirnium Warcrimes Tribunal, Defendant 2, Part 7 - Day 28.

Saroir (Defence): Yes my Lords, I would question the witness.

President: Proceed.

Saroir (Defence): Mr Varth, can you please describe to the court your duties as the Wing Commander of the flight that made the attack on Xirnium.

Varth (Defendant): My lady, It was my responsibility to co-ordinate the bomber squadrons during the attack and make sure that our orders were carried out.

Saroir (Defence): Thank you Mr Varth. I would like to divert the courts attention back to exhibit 89N-G.

(The exhibit is handed to Saroir)

Mr Varth, these are the orders from High Command?

Galdria (Prosecution): My Lords, did I not just establish that fact?

President: Yes. Lady Saroir, move along.

Saroir (Defence): Sorry my Lords, I do have a point. Mr Varth please answer the question.

Varth (Defendant): Yes, those are the orders from High Command.

Saroir (Defence): Are you head of the Torontian High Command Mr Varth?

Varth (Defendant): No, my Lady.

Saroir (Defence): I see. So – You did not write these orders.

Galdria (Prosecution): Objection.

President: Sustained. If you have a question Lady Saroir ask it, if not sit down.

Saroir (Defence): Apologies again my Lords. Mr Varth, did you or did you not write these orders?

Varth (Defendant): I did not.

Saroir (Defence): Thank you Mr Varth. Then is it also true that exhibit 89N-F, the collection of affidavits, are merely relays of those orders from High Command and not words created by you.

Varth (Defendant): That is true, my Lady.

Saroir (Defence): You see, my Lords. The defendant was not responsible for the creation of those orders, hence he cannot be held accountable for them. He like any good soldier was under his own orders. It is the Torontian High Command that committed this offence. If we put every soldier who had killed a civilian under orders from a superior officer, then this court would never finish its queue of cases.
Clearly, even if the defendant had disobeyed his orders and tried to stop his men he could not have – they wanted to kill Xirnium civilians, nay they enjoyed doing it.

President: Anymore questions Lady Saroir?

Saroir (Defence): No my lords, I am finished.

End Transcript

Court Transcript: Xirnium Warcrimes Tribunal, Defendant 2, Part 7 - Day 29.

Galdria (Prosecution): May it please the court, I'd like to get started.

President: Very well.

Galdria (Prosecution): State you name for their Lord Justices.

Groscurth (Wintess): F Groscurth.

Galdria (Prosecution): And your position in the Torontian military?

Groscurth (Wintess): Lieutenant Colonel, chief of staff of 295th Infantry Division.

Galdria (Prosecution): And your unit was to be involved in the Xirnium war? Before the Torontian collapse of course.

Groscurth (Wintess): Yes, my Lady.

Galdria (Prosecution): Of course. Prosecution exhibit 89N-H, my Lords. What is this, witness?

Groscurth (Wintess): A letter written by me, I believe.

Galdria (Prosecution): Indeed it is, read it out please.

Groscurth (Wintess): “It makes one’s hair stand on end, to learn the measures to be taken in Xirnium, and about the systematic transformation of military law concerning the conquered population into uncontrollable despotism – indeed a caricature of all law.”

Galdria (Prosecution): And this letter, it was addressed to whom?

Groscurth (Wintess): My superiors, Lady.

Galdria (Prosecution): Your superiors. You mean you were not afraid of reprisals?

Groscurth (Wintess): I was, my Lady, but one can’t deny his conscious.

Galdria (Prosecution): Of course one can’t. Tell their Lord Justices about the events of 5th November.

Groscurth (Wintess): Well it was the day after the Grybat bombing..

Galdria (Prosecution): And what was your response to those events?

Groscurth (Wintess): I lodged an official complaint with the Torontian Airforce High Command.

Galdria (Prosecution): And their response was?

Groscurth (Wintess): Well they didn’t, my Lady. They ignored it.

Galdria (Prosecution): So we have two examples of dissent, my Lords, without negative consequences. Dissent to criminal orders! Rare, but it occured. My final exhibit, 89N-I, if it pleases the court. It is an order. What is it, Groscurth?

Groscurth (Wintess): My Lady, it is a written order submitted to my subordinates indicating that criminal orders were not to be followed.

Galdria (Prosecution): Written by you?

Groscurth (Wintess): Yes, my Lady.

Galdria (Prosecution): So.. you would argue that the defendant did not have to simply follow orders? He could have refrained from passing it down to his subordinates?

Saroir (Defence): Objection, my Lords!

Galdria (Prosecution): May it please the court, I withdraw the question.

End Transcript

Today the Chief Prosecutor in landmark trials of 43 Torontian warcriminals, Lady Galrdia, indicated she would be asking for the death-penalty. ‘Yes, of course, the prosecution will seek execution for all of the alleged warcriminals,’ Galdria had said while leaving the High Clerical Court.

Asked about the fact that the High Ecclesiarchy had clearly stated such a punishment would not be applied, the Chief Prosecutor had laughed at the suggestions of the reporters. ‘Well the Ecclesiarchy has no say in how the law of Xirnium is interpreted, so I’m unsure about what they think they can do. The Xirniumite Constitution is absolutely clear on this fact.’

When questioned about the fact that the Ecclesiarchy has already removed the death penalty from Xirniumite Law, Lady Galrdia become quite annoyed. ‘Do your research. The amendments passed by the High Ecclesiarchy do not cover warcrimes or crimes against humanity. High Ecclesiarchy v Nieman still applies, and since precedence must be followed we have every right to apply the death-penalty. Of course, due to the doctrine of parliamentary supremacy the High Ecclesiarchy could alter the laws, but since they are Constitutional I’m afraid it will be a little too late for the Torontian warcriminals. By the time any ammendmants are passed throught the trials will be over.’

Sorry, i'll have to write my reply tomorrow afternoon.

OOC: Do you want me to tell you why the cabinet rejected your embassy offer? Because the Southeast Asian people view Xirnium's government and Kraven's High Command as equally horrible. It would've been political suicide at home. Because, for the record, the incumbent party's ideals are classed as 'liberal'. They would have wanted to establish diplomatic relations, but they had to make an official statement publicly denying it due to the majority. It is because of the liberal government that Southeastasia has a good reputation on the international community.

OOC: Do you want me to tell you why the cabinet rejected your embassy offer? Because the Southeast Asian people view Xirnium's government and Kraven's High Command as equally horrible. It would've been political suicide at home. Because, for the record, the incumbent party's ideals are classed as 'liberal'. They would have wanted to establish diplomatic relations, but they had to make an official statement publicly denying it due to the majority. It is because of the liberal government that Southeastasia has a good reputation on the international community.

I think it's unfair to compare modern Xirnium with Kraven, they aren't even close, but your other points are valid considering the domestic political considerations of your leadership.

That said, the diplomatic treatment your nation gave Xirnium was quite atrocious. Xirnium was shown as a nation attempting to turn a new leaf and yours as a moralising nation more interested in condemning then helping.

Court Transcript: Xirnium Warcrimes Tribunal, Defendant 2, Part 7 - Day 29.

Saroir (Defence): My Lords, the very claim that the defendant should have avoided his duties because one of his superior officers disobeying their own is absurd. I ask the court, what citizen of Xirnium would refuse their duty to their country because one of their fellow people did. None, that is why even now Xirnium defies the Kraven Corporation where others have fallen or submitted.

Mr Groscurth, is it possible that the Torontian Government didn’t respond to your complaints because the Yallakian attack your nation began mere hours after they would have received it.

Groscurth (Wintess): It is possible.

Saroir (Defence): So, there is no proof here that the corrupt Torontian government wouldn’t have arrested or even killed any who disobeyed or complained about orders. They were too busy fleeing the nation to respond. The prosecution clearly doesn’t have a case.

I uphold that the defendant was not the original proprietor of the most evil orders to bomb civilians and that, as a loyal soldier to his nation, he was carrying out his orders, his job, all under the fear of a corrupt slave government of the Kraven Corporation.

The defence rests my Lords, and may you make the right decision and not head down the path of Torontia by executing an innocent man.

End Transcript

The trial of 43 indicted Torontian warcriminals finally ended today with the issue of the final verdict of the Xirnium High Court. In reaching their conclusion, the Lord Justices noted that, ‘the prosecution was successful at showing that, under Xirniumite common law, leaders, organisers, instigators and accomplices participating in the formulation or execution of warcrimes and crimes against the state of Xirnium are responsible for all acts performed by any persons in execution of such plan,’ one of the major issues of contention during the case. In all likelihood, these trials are the most significant in Xirnium's legal history.

The following is a breakdown of the verdicts and sentences:

Guilty: 37

Death – 32
Imprisonment for Life – 5

Not Guilty: 6

Minor Government Official – 1
Military Officers – 3
Junior Military Officers – 2

Those convicted were demonstrated as having planned or participated in waging aggressive war, having committed, planned or ordered warcrimes and having committed, planned or ordered crimes against humanity. Many were in someway involved in the bombing of Grybat, where several thousand civilians perished, including the individual pilots responsible for the outrage, while others formulated brutal and shocking post-war policies of extermination which were to have taken place should Holy Xirnium had fallen. Furthermore, among those convicted where senior Tanakis regime members involved in the conspiracy to conduct an illegal war with Xirnium and in the formulation of illegal means to wage that war (in addition to extermination policies that were to be enacted after the war).

Lady Galdria, Chief Prosecutor of the warcrimes trials, was extremely happy with the result. The attorney, who successful achieved the guilty verdicts of the defendants in every single one of the seven cases that she personally conducted (including that of the Commander of the bomber wing in the Grybat atrocity) noted simply that, ‘justice has been done and the dead have been avenged.’

‘This is a great day for the International Community and Xirnium,’ Lady Galdria continued. ‘It proves that no nation can conduct criminal wars of annihilation and commit grievous atrocities and get away with it. It demonstrates irrevocably that a sovereign nation may determine the laws that govern within its own territory, and that no nation can presume to wage an unjust war of aggression.’

The method of execution for the war-criminals so sentenced is to be death by firing squad. It is believed that the High Ecclesiarchy has protested this decision (wanting, instead, life imprisonment only) but was unable to mount a successful case in the courts to prevent it.

The Holy Empire of Saint Fedski strongly objects to the death penalty. It is our policy that the death penalty be commuted to life inprisonment with no chance of parole. If the sentences are not commuted, the Holy Empire of Saint Fedski shall cease to recognize this court and shall being measures to extradite the alleged criminals back into the custody of the Holy Empire of Saint Fedski.

From: His Most Glorious High Ecclesiarchy of Holy Xirnium
RE: Death Penalty

The High Ecclesiarchy agrees with Saint Fedski that it would be preferable to have the warcriminals sentenced to life imprisonment. However, we are powerless to intervene, as the independence of the Holy Judiciary is absolute in Xirnium, and any attempt to violate it would result in nothing less then civil war.

You can rest assured that we have tried everything in our power to stop this, but under Xirnium Law the prosecution has their right to call for death.

His Eminence High Lord Nidor
Grand Cardinal and Chief Minister of the High Ecclesiarchy

It was understood that the death penalty would not be used. That was part of the reason the extradition was allowed. If the death sentences are not commuted, appropriate action shall be taken.

Secret Transmission
From: His Most Glorious High Ecclesiarchy of Holy Xirnium
RE: Death Penalty

We agree that it was understood between us, and we feel just as strongly about it as you do. But unless you want to send troops to help us fight against the Xirnium Royal Judicial Guards (http://i8.photobucket.com/albums/a25/Dennis134/highlord.jpg) in what would quickly become a bloody civil war, the Ecclesiarchy doesn't see what more you think can be done here.

His Eminence High Lord Nidor
Grand Cardinal and Chief Minister of the High Ecclesiarchy

Top Secret
To: His Most Glorious High Ecclesiarchy of Holy Xirnium
From: Chairman Gary Girardi
Re: Troops

We will use 100 of our Elite Guards and Intelligence Bureau agents to bust into the prison, kidnap the 32 inmates that have been sentenced to death and evacuate them via helo to a nearby airfield where they will board to airplanes and fly to the Holy Empire of Saint Fedski where they will serve out life sentences.
-----------------------------------
Secret IC: In Chairman Girardi's office with Captain John Hudder and Raymond Franks.

"Captain, you will lead one of the expeditions to Xirnium. The goals are to rescue 32 inmates on death row, and to arrest Ms. Galdria. Your job is to arrest Ms. Galdria." Girardi tells Hudder.

"You will be transported with a team of 2 agents and 2 other guards." Franks informs the Captain. "A helicopter will land you directly at her house. You will arrest her and beat it before the police show up. Due to the proximity of civilians, only personal firearms will be issued and they must be silenced. I will personnaly lead the assault on the prision. We will infiltrate by foot, surround the prison and take it as quickly but as quietly as possible. Your attack will provide a diversion. Twenty agents and sixty elite guards will sneak in on foot, like I said, will bust in, hopefully silently. The inmates will be nicked, the awaiting choppers will land in the exercise yard and we will meet you at a small local airstrip. There will be numerous small aircraft waiting to take us home. Any questions?"

Secret Transmission - Most Urgent!
From: His Most Glorious High Ecclesiarchy of Holy Xirnium


With respect we ask you to slow down and consider what you are doing. It is easy for Saint Fedski, a nation far removed from the troubles at home, to talk about rash decisions and decisive action.

But consider what would happen to Holy Xirnium! The courts here are a power unto themselves, having taken the doctine of judicial independence to the absolute extreme. Along with the Inquisition, they are one of the few powers that can rival the Ecclesiarchy itself, though they never do as they are content merely to interpret the law.

Consider also what the international community would say if the Ecclesiarchy intervened in these free trials. Such act would be illegal by our own law, inconceivable.

We must refuse your requests. No armed person but the Royal Judicial Guards has stepped foot in a court for a thousand years, and it must remain so.

His Eminence High Lord Nidor
Grand Cardinal and Chief Minister of the High Ecclesiarchy

To:His Most Glorious High Ecclesiarchy of Holy Xirnium
From: Chairman Gary Girardi
Re: Expelled

We have been betrayed by our allies in Xirnium. You have 48 hours to remove all soldiers from Torontia or they will be removed by us. The Venerable Archdeacon Lidor and the 20 Acolytes may be expected home also within 48 hours. They have been escorted onto a military aircraft and on their way back to Xirnium. We are sorry it had to come to this, but we can no longer trust your word.

Secret Transmission - Most Urgent
From: His Most Glorious High Ecclesiarchy of Holy Xirnium

Have you lost your mind? What on Earth is the meaning of such irrationality? We demand an immediate explanation.

His Eminence High Lord Nidor
Grand Cardinal and Chief Minister of the High Ecclesiarchy

To:His Most Glorious High Ecclesiarchy of Holy Xirnium
From: Chairman Gary Girardi

The only reason you were allowed to take control of the alleged criminals was due to the fact that death penalty would not be pursued. We were lied to as there are now thirty-two more inmates on death row, awaiting execution. The expulsion orders stand unless the sentences are commuted to life inprisonment or control of the alleged criminals is transferred back to the Holy Empire of Saint Fedski and the Interm Government of Torontia (Seattle). When either of those conditions have been met, the expulsion order will be reversed, but not until all thirty-two alleged criminals are granted the right to live.

Secret Transmission - Most Urgent
From: His Most Glorious High Ecclesiarchy of Holy Xirnium

I'm sorry your government has elected to take such a position. Know that the High Ecclesiarchy never lied when it agreed not to seek capital punishment for these warcriminals, but that it was due to a rather "enthusiastic" prosecution over whom we have no control.

The criminals are all due to be shot tomorrow. We hope that eventually our two nations can put this incident behind us.

His Eminence High Lord Nidor
Grand Cardinal and Chief Minister of the High Ecclesiarchy

DEMOCRATIC SOVIET REPUBLIC OF KAHANISTAN
Ministry of Foreign Affairs

The Government of Kahanistan invokes Article V of the Adamantine Pact.

"Should disputes or conflicts arise between the High Contracting Parties over problems of one kind or another, both parties shall settle these disputes or conflicts exclusively through friendly exchange of opinion or, if necessary, through the establishment of arbitration commissions."

The Government of Kahanistan feels that this is the only way the alliance between Xirnium and St. Fedski can be preserved. Exchange of opinion has not worked, now we propose the establishment of an arbitration commission composed of equal numbers of representatives from Kahanistan, Xirnium, and St. Fedski, to resolve this situation, and hopefully save the alliance.

Margaret Delray,
Minister of Foreign Affairs

DEMOCRATIC SOVIET REPUBLIC OF KAHANISTAN
Ministry of Foreign Affairs

The Government of Kahanistan invokes Article V of the Adamantine Pact.

"Should disputes or conflicts arise between the High Contracting Parties over problems of one kind or another, both parties shall settle these disputes or conflicts exclusively through friendly exchange of opinion or, if necessary, through the establishment of arbitration commissions."

The Government of Kahanistan feels that this is the only way the alliance between Xirnium and St. Fedski can be preserved. Exchange of opinion has not worked, now we propose the establishment of an arbitration commission composed of equal numbers of representatives from Kahanistan, Xirnium, and St. Fedski, to resolve this situation, and hopefully save the alliance.

Margaret Delray,
Minister of Foreign Affairs

The High Ecclesiarchy agrees to this request (as it is bound to under the terms of the Adamantine Pact) gladly and unequivocally.

We also note that at 0430 today all Torontian warcriminals sentenced to death by firing squad were executed. May the Immortal God-Emperor have mercy on their tortured souls.

It is too late to invoke Article V.

Do I take this to mean Saint Fedski has left the alliance? Is there nothing at all that we might do to appease you?

The Holy Empire of Saint Fedski has not left the alliance. We just feel some time apart is needed until we can regain our trust in your leadership. Proof of that the alliance still holds, we have not evicted your delegation to view "Project: Alpha".

Shit. Should have put a "most urgent" on that communique. My bad.

The Holy Empire of Saint Fedski has not left the alliance. We just feel some time apart is needed until we can regain our trust in your leadership. Proof of that the alliance still holds, we have not evicted your delegation to view "Project: Alpha".

The Adamantine Alliance is not some scrap of paper that you can choose to take notice of or ignore as and when you choose. Article V is plainly clear, either open up to dialogue as we have been trying to engage you in or submit to arbitration as we have agreed to.

Lady Justice Galrdia

Dialogue is open. But your ambassador is still expelled.

Then explain your problem to the High Ecclesiarchy and name your cost of appeasment.

Lord High Grand Cardinal Nidor

The problem is your execution of 32 war criminals that were extracted from Torontia using Saint Fedskian aircraft, Saint Fedskian uniforms and with the protection of Saint Fedskian soldiers and the cover story set up by the Interm Government of Torontia (Seattle) in conjunction with the Holy Empire of Saint Fedski Occupation Authority. The Holy Empire of Saint Fedski granted permission to Xirnium to extract these alleged criminals providing the death penalty was not sought. If we had known the death penalty was going to be used, the criminals would have faced justice in Sarnia or the courts of Amestria. This incident has proven the Government of Xirnium has no control over it's legal system and with that knowledge, the government still accepted the terms of the agreement and extracted the alleged criminals. The Security Council has assessed the situation and is prepared to make a statement regarding appeasement.

1) Someone's head must role. The higher the rank, the better. The "scapegoat" will be tried by a court in The Holy Empire of Saint Fedski and if convicted, will serve out the sentence in the custody of the Justice Department of the Holy Empire of Saint Fedski in Torontia as a humanitarian worker or the Justice Sysyem of the Armed Forces of the Holy Empire of Saint Fedski in a military prison or as part of a chain-gang. This cannot be over looked.
2) Commitment of as many troops as possible to Torontia for peacekeeping and humanitarian relief work.
3) $10 billion per executed criminal inorder to upgrade the Naval Air Arm.
4) Abolition of the Death Penalty.

Option one is mandatory. Options 2 and 3 are interchangable. One of them is mandatory. Option four, is a preference. It would be greatly preferred if the Holy Empire of Xirnium could abolish this, but if not, we can live with it (pardon the pun).

2) Commitment of as many troops as possible to Torontia for peacekeeping and humanitarian relief work.
The High Ecclesiarchy will agree to this.

3) $10 billion per executed criminal inorder to upgrade the Naval Air Arm.
Is this blackmail? Why do you require $320 million? What relevence does this have to our problem?

4) Abolition of the Death Penalty.
The High Ecclesiarchy is working on this, as you can appreciate it takes time to change one's Constitution.

The rest of your points are of a legal matter and shall be addressed by the Holy Judiciary.

The High Ecclesiarchy would like a quick reply regarding your responce.

Lord High Grand Cardinal Nidor
High Ecclesiarchy

----------------------------------------------------------------

This incident has proven the Government of Xirnium has no control over it's legal system and with that knowledge, the government still accepted the terms of the agreement and extracted the alleged criminals.
I'd like to clarify something here. The government of Xirnium is comprised of several different arms. The High Ecclesiarchy, our supreme legislature, is by far the most powerful. It makes the laws, and is politically the strongest body in Xirnium. The Inquisiton, an executive yet independent arm, is also very powerful, but nowhere near as strong as the Holy Ecclesiarchy and it can be over-ruled in law by the Ecclesiarchy and the Judiciary. The Holy Judiciary, the judicial arm of our government, is completely independent of all the other branches and the sole arbitrator of what the law is in Xirnium. We don't make the law, but we interpret it. The Holy Judiciary may only perform a judicial role though, and therefore can never usurp the Ecclesiarchy. Furthermore, it is not as politically powerful.

It is true though, that the Ecclesiarchy has no control over the Holy Judiciary at all, within its jurisdiction that is.


1) Someone's head must role. The higher the rank, the better. The "scapegoat" will be tried by a court in The Holy Empire of Saint Fedski and if convicted, will serve out the sentence in the custody of the Justice Department of the Holy Empire of Saint Fedski in Torontia as a humanitarian worker or the Justice Sysyem of the Armed Forces of the Holy Empire of Saint Fedski in a military prison or as part of a chain-gang. This cannot be over looked.
That's absurd. Tried for what? The actions were completely legal under Xirniumite law. In fact, it was your suggestion that we storm the courts and interfere with Judicial Integrity that is illegal under Xirnium's Constitution.

Lady Justice Galdria
Holy Judiciary

The High Ecclesiarchy will agree to this.

That may be unwise at the moment. Saint Fedski is tempting the patience of the Empire and unless they comply as asked and reinstate their complete co-operation in the Torontian effort, we will be forced to remove them, as was promised to any who hampered the rebuilding of the said nation.

Holy Xirnium beseeches the Infinite Empire not to attack Saint Fedski. Although the High Ecclesiarchy is bemused by what it views as Saint Fedski's irrational response to something that was outside of our control, we still consider Saint Fedski a friend and would not like to see harm come to them.

The High Ecclesiarchy

We do not wish to but they are pushing our limits. Their irrationality has spred to disrupt the peace process in Torontia and without their co-operation, their presence in Torontia is only hindering the Empire's efforts.

Message from the Amestrian Ministry of Justice

The Amestrian First Federal Circuit Court has under International Common Law indicted Chief Prosecutor Lady Galrdia for human rights violations, murder and criminal conspiracy. Similar indictments where issued for the procedural staff and justices who sentenced the prisoners to death. Indictments will also be issued, provided Saint Fedski provides the names, to the Xirnium officials for kidnapping and human trafficking. The accused, should they not appear, shall have forfeited their right to address the court, confront their accusers, and consented to being tried in absentee.


Message from the Provisional Government of Torontia

We condemn the adduction and murder of our citizens by the petty dictatorship of Xirnium who have reviled to the world a barbarity equal to that of Tanakis. We repeat that travel restrictions between Torontia and Xirnium are in place and that no Xirnium citizens shall be allowed in Torontia until further notice.


Message from Amestrian Ministry of Foreign Affairs

We wish to state that the current dispute with Xirnium has existed for quite a while and it shall not interfere with Amestria's commitment to peace in Torontia or with the present good relations with the Empire of Yallak.

From: Holy Judiciary of Xirnium, Supreme Court of Xirnium
To: Amestrian "Ministry of Justice"

I must say I am quite humoured by the way the "law" operates within your nation. Fortunately I do not reside within your sovereign territory and therefore can't be tried for a "crime" I haven't even commited on your soil.

However, I must inform that I am no longer the Chief Prosecutor but a Justice of the Xirnium Court. I appreciate the effort though, if anything your "indictment" made for a brief moment of laughter amongst the many hundreds of pages of tedious case-briefs I need to go through today.

You'll appreciate if I refuse to appear before your "couts". Good-day.

Lady Justice Galdria

From: Holy Judiciary of Xirnium, Supreme Court of Xirnium
To: Amestrian "Ministry of Justice"

I must say I am quite humoured by the way the "law" operates within your nation. Fortunately I do not reside within your sovereign territory and therefore can't be tried for a "crime" I haven't even commited on your soil.


To Galdria, Accused, Case Number IL-3.1

You are being tried under International Common Law for an International Crime. One does not have to be present on Amestrian soil, or any national soil, to be subject to International Law. The First Federal Circuit Court does not recognize sovereignty as a defense for the violations of International Common Law.

-Amestrian Ministry of Justice

From: Holy Judiciary of Xirnium, Supreme Court of Xirnium
To: Amestrian "Ministry of Justice"

I've commited International Common Law crimes, have I? Oh my, and here I was thinking I knew something about the law, being a judge and all, but I guess not. Feel free to send me the transcripts of my trial when you are done, I must confess I'm much in need of comedy these days.

Here, let me start you off with your first indictment, I'll let you in on the elements:

Murder
-Unlawfully
-Causes the death of a person
-Intentionally or recklessly

Have fun!

Lady Justice Galdria

Press Release: His Most Glorious Inquisition
From: His Grace Lord High Grand Inquisitor Norogoth

The Inquisiton of Holy Xirnium is sorry to inform that the foul Kraven Reichsmarshal captured during Operation Divine Retribution has died of his wounds. He expired while in the Inquisition’s custody, despite the best efforts of our surgeons. The Holy Judiciary has explained that they intend to try him posthumously, though of course he now will not be able to pay for his crimes.

We only pray that his unholy soul undergoes the eternal torment it so rightly deserves.

High Lord Norogoth
Inquisitor General of Holy Xirnium

Xirnium High Supreme Court dismantles doctrine of Parliamentary Supremacy!

In a completely unprecedented decision today which has shaken the judicial system of Xirnium to its very core, Xirnium’s highest court of the Holy Judiciary declared an end to the once undisputed doctrine of Parliamentary Supremacy. The ruling has sent an absolute surge through Xirnium’s government, provoking a firestorm at home and abroad. The High Ecclesiarchy has condemned the move as ‘an end to the concept of representative government and the dawn of the ascendancy of the Courts’.

‘Dicey is turning in his grave,’ one prominent jurist, Lord Cathor, said simply today. Since the Treaty of Garlon in 1211, following the Third Xirnium Imperial Civil War, the claim of the High Ecclesiarchy as having ‘under Xirniumite law the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of Xirnium as having a right to override or set aside the legislation of Parliament’ has existed without question.

Now, however, in an appeal to an earlier decision where the Court agreed that the executive did not have the authority under statute law to commit troops abroad, the Court has further stated that Parliamentary Supremacy is no longer a concept which can be maintained.

High Ecclesiarchy v Verath

Held, per curiam: The answer to the question was no. There did not exist a rule at common law in Xirnium that troops could be committed abroad without statutory basis. Further held that, in some cases where this statutory basis conflicted with the Common Law, Common Law could render the statute unviable.

Per Hithar CJ, Nihtlan J and Volath JJ:

‘[F]or when an act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void. Bonham’s case in 1609 was influential in this regard, though not binding as it was from an English Court.’

Per Nihthlan J (Fridor J, Hithar CJ concuring):

’The suggestion that a statute judicially perceived as contrary to “common right and reason” might on that ground be held invalid is not an alien concept, and has been deeply influential in the US though completely abandoned in the UK (from which our nation’s judicial system has largely developed). Indeed, it is the very basis of the check and balance of judicial review.'

Per Volath JJ (Hithar CJ, Nihtlan J concurring):

’The works of Dicey involving Parliamentary Supremacy should now be regarded as obsolete in Xirniun. There are cases where the Common Law may overrule the statutes of our supreme legislature. These cases, however are extremely limited, though no less real.’

Volath JJ:

The judiciary should apply the law rather then make the law. This decision must be moderated so that a breach of separation of powers does not occur. The fact that Xirnium has no one written Constitution (unlike the case in the US) but rather a Common Law constitution, means that judges may be put in a position of having to make political decisions. Judges should always give effect to the High Ecclesiarchy’s intentions except where they conflict with the ‘common right and reason’ of the Common Law.

Order

The appeal of the High Ecclesiarchy was denied and troops were ordered to remain inside Holy Xirnium.

The verdict has been greeted with absolute outrage by the High Ecclesiarchy. Lord High Grand Cardinal Vernium blasted it as, ‘the end of Parliamentary supremacy and the beginning of judicial supremacy.’ A further appeal has been launched on the issue of Parliamentary Sovereignty, which was not the primary law topic being considered in this landmark case, but whose ruling has vastly overshadowed what was actually being considered.

The Holy Judiciary has emphatically denied claims that it has usurped executive or legislative function or that it has established a common law doctrine of judicial supremacy.

DPP Announces That it Will Begin Prosecuting Xharnian Soldiers Captured During a Violation of Holy Xirnium's Airspace Tommorow!

The Director of Public Prosecutions announced today that several Xharnian soldiers, captured during an unlawful penetration of Xirniumite airspace, would face trials charged with the violation of several Xirniumite laws in the High Supreme Court.

‘Yes, that’s correct, at the moment we can announce that the defendants are accused of an offence under s 812(b) of the Xirnium Crimes Act 1987,’ explained the Director of Public Prosecutions today. 'Basically, the High Ecclesiarchy alleges that the Xharnian soldiers threatened to do harm to aircraft of the Xirnium Navy which were carrying out their lawful duties to apprehend individuals caught violating Xirnium airspace, if they were not let free.'

‘This is a victory for the doctrine of the sovereignty of nations,’ argued prominent Xirniumite jurist Lady Justice Galdria, currently on leave from the High Supreme Court as a member of an international genocide tribunal. ‘All states have an intrinsic right to assert their own laws within their own territory, and today Holy Xirnium has asserted that right.’

The following is the relevant extract from the statute:

(b) Threats to safety of aircraft

Any person who without lawful excuse threatens, states that it is his intention, or makes a statement from which it could reasonably be inferred that it is his intention to destroy damage or endanger the safety of an aircraft or to kill or injure all or any of the persons on board an aircraft shall be guilty of an indictable offence and liable to level 8 imprisonment.
(15 years maximum)

Most prominent jurists that the newspaper spoke to thought that the prosecution's evidence and legal arguments were formidible.

God-Emperor v Rose and Tobison and Garbaldi and Kellerson and Marklin and others

Unreported Case – BC2005008799

Court: High Court of Justice
Judges: Winneken P, Chernon and Glastif JJA
Date: 8 December 2005

Criminal Law – Miscellaneous Offences – Make threats to safety of aircraft

The following evidence was provided by the prosecution, a recording of a message sent by the Xharnian aircraft (with which the defendants where travelling in) to Xirniumite naval aircraft, which had been scrambled to intercept the then unidentified craft which had breached sovereign Xirniumite airspace:

‘..identify yourself or be fired upon by the 3rd Royal Xharnian Fleet for hostile actions against the Royal Military..’

Source Provided (http://forums.jolt.co.uk/showthread.php?p=10042902#post10042902)

It was contended by the prosecution that this was a statement from which it could reasonably be inferred that the defendants intended the pilots of the Xirniumite naval aircraft be then and there subjected to fear of the destruction, damage or danger to the safety of their aircraft or to fear that persons on board their aircraft would be killed or injured (that the Xirniumite Navy pilots did not, in fact, fear these threats is irrelevant).

It was further contended by the prosecution that this stated intention constituted the offence of making “threats to the safety of aircraft”.

OOC: Sorry for the interuption but, I am suppose to post the defense for them?

OOC: Sorry for the interuption but, I am suppose to post the defense for them?

If you like. Just like in all common law jurisdictions the defence doesn't have to say anything in a Xirnium Court if they don't want to, it's up to the prosecution to prove their case beyond reasonable doubt.

I've supplied the relevant statute law so just go from there.

OCC: If no one plans to rp a defence I guess we can go right on to pronouncing a verdict?

King Cobra AkA Rose stands up and saids, "If I may your honor, I would like to speak for myself and my comrades in our defence." Rose then after a minute of talking to his buddies adds, " In our defence your honor, The time in question was during an offically Wargame of the Xharnian 3rd Royal Fleet. We however must add that the Xirnium aircraft threatened us and they failed to identify themselves. We assumed they were part of the wargame untill they started registering incorrectly and threatening to shoot us down. The tracer fire did not help the situation either. We therefore demand that Xirniums own pilots be but on trail for threatening to fire upon our Aircraft and threatening the Royal Xharnian Governemnt."

God-Emperor v Rose and Tobison and Garbaldi and Kellerson and Marklin and others

Unreported Case – BC2005008799

Court: High Court of Justice
Judges: Winneken P, Chernon and Glastif JJA
Date: 14 December 2005

Criminal Law – Miscellaneous Offences – Make threats to safety of aircraft

The prosecution countered the defence counsel’s argument that the Xirniumite naval aircraft had failed to identify themselves, arguing that this was not a factually valid description of events and that, even if it were, it did not serve as a defence to the offence of making threats against aircraft.

The prosecution pointed out that the Xirniumite Navy aircraft were at the time operating conventional transponders that broadcast their identification information, including pressure altitude and callsign as well as their military transponder codes. In any case, the defendants did not take adequate measures to challenge the Xirniumite aircraft for identification, rendering null their argument.

The prosecution also dismissed the calls by the counsel for the defence that Xirnium’s own navy pilots should have been placed on trial for ‘threatening to fire upon [Xharnian] Aircraft’. The crown argued that 812(b) of the Xirnium Crimes Act 1987 clearly states that the offence applies only to ‘any person who without lawful excuse‘ fulfils the criteria. Since the Xirniumite Navy pilots were carrying out their lawful duty to apprehend individuals found crossing into Xirniumite sovereign airspace without permission from Xirniumite aerospace authorities it was argued that absolutely no case against them could be made. The Xirniumite Sovereign Borders Act 1988 provides for conditions where Xirnium's military has the legal right to both threaten and eliminate potentially hostile individuals illegally breaching Holy Xirnium's territory. The Xharnian pilots, on the other hand, did not have a lawful excuse for threatening the officers of the Navy of Holy Xirnium.

Finally, the prosecution dismissed the apparent argument that the Xharnian’s were involved in wargames, noting that it was irrelevant to the current charge before the Court and that the current state of a foreign military (in this case the Xharnian military) has absolutely no baring on the domestic laws of Holy Xirnium.


[OCC: Just tell me when the defence is done and I'll decide a verdict]

OOC: Xirnium, TG.

May I have an attorney from another country offer an amicus brief in God-Emperor v. Rose, et al. (Narodna Odbrana is not a country, so we'll have to employ an "unsuspecting" puppet's attorney to file the brief)?

If so, I will file tonight.

May I have an attorney from another country offer an amicus brief in God-Emperor v. Rose, et al.
Of course, I look forward to it.

OOC: Up for that interrorgation thread I suggested a while back, the laws on this matter were drawn up 6,500 years ago for the Trial of the surviving Diri E I G Ignen instigators of the war. The Court will propably take place at Valdrixxen at the Pillar of Justice, it's a fairly historic island, it's where the first Novacom Laws were drafted up, also the former capitol of Diri E I G Ignen Novacom.

Novacom Legal Extradition Request

From: Novacom Justice Chancellor Dibrek
To: Xirnium High Court

In light of recent events and the potential outbreak of war between Novacom and Xharn, under the Legal Stature of the Jindrax Treatise of War Law, we are required to bring the pilots to a Novacom Court of Law and subject to the accused to the Judgement of Legal commitee. They are Charged under Article 2, section B of the Jindrax Treatise of War Law, stating that those responsible for either, A) The Causation of War and/or B) Events leading or contributing either directly or indirectly to the cause of war

You are welcome to send a lawyer and may finish your case but any verdict delivered will be taken into account when sentancing has been passed.

Novacom Justice Comitee

Transmission to Xirnium Inquisition

Once the Pilots arrive in Novacom for trial we request the presence of one of your inquisitors to assisst in the Interogation.

The message is unsigned....

OCC: I could not justify that ICly for the reasons that will become clearly evident in my IC response. Basically, the Courts in Holy Xirnium do not listen to anyone but the Law, not to the High Ecclesiarchy and certainly not to foreign powers or foreign courts. They are also unconcerned for political ramifications of their acts, as our allies Kahanistan and Saint Fedski found out the hard way. Finally, the Courts always stubbornly assert their sovereignty, and do not abide infringment on their jurisdiction.

IC:

Judicial Edict

To: Novan Justice Chancellor Dibrek, Novacom Justice Comitee
From: His Most Noble High Supreme Court of the Holy Empire of Xirnium

The High Supreme Court of Holy Xirnium, after due consideration, denies your request for the extradition of the Xharnian nationals Rose, Tobison and others currently facing trial in the High Court of Justice under charges of making threats to safety of aircraft.

A primary reason for the High Supreme Court’s decision in this matter is that it would not observe the rule of double criminality that requires that an act shall not be extraditable unless it constitutes a crime according to the laws of both the requesting and the requested states. Acts causing war (or causing events that lead or contribute either directly or indirectly to war) are not considered offences under the Xirniumite Common Law or under any Xirniumite statutes.

An ancilliary reason for our decision is that the High Supreme Court does not believe that there exists a prima facie case against the individuals sought under the Novan laws. Causality can not be made out between the actions of the captured Xharnians and the breaking out of war between Novacom and Xharnia (as the actions of numerous other governments, individuals and militaries in the Xharnian crisis no doubt constitute a clear novus actus interveniens).

Furthermore, and most importantly, it is noted that these alleged offences under the Novan Criminal Code were not committed in Novan territory, but in the sovereign territory of Holy Xirnium, and only the Xirniumite judicial system has jurisdiction inside the territory of the Holy Empire.

Finally, we note that there does not exist an extradition treaty between Novacom and Holy Xirnium.

[Signed]
Lord High Chief Justice Glarthen Hithar
Senior Justice of the High Supreme Court and the highest-ranking judicial officer in the Holy Empire of Xirnium

OOC: no problems, this could turn into an interesting side rp, heh like there arn't enough of those already in the air :P

IC:

By the hand of Novacom Suprainister Denteth Tolion

From: Suprainister Denteth Tolion
To: Xirnium High Ecchelsarchacy

I hereby officialy request that efforts be enacted to the effect of delivery of the Xharn Prisoners, Our Justice Comitee has attempted to communicate their wishes to the high courts, who denied our request, but as information from the accused prisoners could be invaluable in the possible upcomming war. I also express on behalf of the Justice Comitee it's dissapointment that agreement could not be reached between themselves and your courts, The Laws in question were invoked as the accused's actions have had direct ramifications on Novacom Security, and indeed very nearly pulled your own nation into war, I hope that in light of our close relationship that this matter can be resolved.

Signed,
Denteth Tolion
Novacom Suprainister

Diplomatic Ecclesiastical Edict

To: Suprainister Denteth Tolion of the Executive Government of the Alignment of Novacom
From: His Most Worthy High Ecclesiarchy of the Holy Empire of Xirnium

The High Ecclesiarchy regrets to inform Novacom that what you ask is an impossibility. Xirniumite statute law clearly stipulates that only the High Supreme Court may decide on matters of extradition, and not the executive as is the case in some other nations.

Even if we had wanted to intervene by passing legislation for the Xharnian’s extradition, the Courts would perceive any such attempts to remove the Xharnian defendants from Holy Xirnium as a clear threat to the independence of the Judiciary and declare efforts to extradite the individuals in question as being repugnant to the Xirniumite Common Law presumption against retrospective legislation (and therefore invalid).

In effect, we would have achieved nothing legally and yet created an absolute firestorm inside Holy Xirnium politically, clearly something that would not be beneficial to either of us. We hope that this does not end up straining Xirniumite-Novan relations, as indeed Xirniumite-Saint Fedskian relations were similarly strained over a previous decision of the High Supreme Court.

[Signed]
Lord High Prospo Uolin
Grand Cardinal and Justice Minister of the High Eccleisarchy of Holy Xirnium

By the hand of Novacom Suprainister Denteth Tolion

From: Suprainister Denteth Tolion
To: Xirnium High Ecchelsarchacy

I thank you for your swift reply, I would however like to request that once sentance has been decided upon, if it is the death penalty, then please allow us to Interogate them before their demise, if the sentance is imprisonment then we would request for the provision of time to interogate them for vital information about the Xharn Military sturcture and capabilities.

Signed,
Denteth Tolion
Novacom Suprainister

Rose Replies, "I would like to take the time to protest this entire trial. The fact is this defense does not recongize your right to even to hold trial for being an illegal government. The Kingdom of Xharn to the best of my knowledge has not recongized your Empire and as such we consider this trial both illegal but null in void."

OOC: Do note he has not recieved word from the Royal Government since his capture. He does not know the Royal Governement has recongized your country as a soverign nation.

[OOC: I imagine it would have been explained to them by their Xirniumite lawyers. Also, though incarcerated, the prisoners would have access to newspapers and television]

Judge Winneken regarded the Xharnian defendants critically, considering his words thoughtfully before he spoke, ‘neither the defendants nor indeed foreign governments (though I note that presently none exists which does not recognise the legitimacy of the High Ecclesiarchy over Holy Xirnium) have the right or competancy to declare the state of Holy Xirnium nor indeed any actions of the High Court of Justice illegal. The High Court of Justice is the highest criminal court of Holy Xirnium and under the Xirniumite Constitution has unlimited jurisdiction in all criminal matters allegedly committed inside the sovereign territory of the Holy Empire. This is a legal fact and is unassailable, under the doctrine of national sovereignty. That the defence might not recognise it is irrelevant, and will have no baring on the verdict of this Court nor our sentencing should you be found guilty.

‘Sovereignty is not only something that is recognised by others but also must be effectively asserted. The very fact that the State of Holy Xirnium is trying the defence for alleged offences committed within sovereign Xirniumite airspace is further evidence of the sovereignty of the Court.’

The Judge paused for a moment before continuing, his voice now stern, ‘no further submissions by the defence are to be made on this matter, and we shall not tolerate any violation of this command. Yours is a question that a definitive answer was reached for in Fritath v High Ecclesiarchy and the High Supreme Court’s position has not changed since then, nor will it change. The competency of this Court to decide all matters of criminal law committed within thew sovereign territory of Holy Xirnium is incontrovertible.’

Diplomatic Ecclesiastical Edict

To: Suprainister Denteth Tolion of the Executive Government of the Alignment of Novacom
From: His Most Worthy High Ecclesiarchy of the Holy Empire of Xirnium

The High Ecclesiarchy wishes to inform you that the offence of making threats to the safety of aircraft is a Common Law misdemeanour and not a felony, and therefore is not punishable by death. The maximum sentence which may be imposed for it is 15 years imprisonment.

[Signed]
Lord High Prospo Uolin
Grand Cardinal and Justice Minister of the High Eccleisarchy of Holy Xirnium

OOC: Yeah but keep in mind these guys are special forces and X.R.I.C. agents they are trained not to trust any information that does not come from the Royal Xharnian High Command.

IC: Rose can tell he can not win this. The King would be furious and if they did return they would probally be killed for not commiting sucide. The others look at Rose and they all are thinking the same thing. They were going to have to find a way to die with dignity because they know this is not going to be something they can win.

Rose saids, "We would like to request a short recess before we are judged to be innocent or guilty."

'As always,' Judge Winneken explained, 'the Court will retire so we can determine a verdict in this case. We will reconvene at 12 o'clock tomorrow when we will deliver our judgement.'

At that, the judges of the bench rose to leave.

OOC: Xirnium do not want to godmod here so. I want to ask your permission was the team checked for cianide pills. (pardon spelling?)

OOC: Xirnium you didn't tackle the question about whether I would be allowed to send in interrorgators.

OOC:
OOC: Xirnium do not want to godmod here so. I want to ask your permission was the team checked for cianide pills. (pardon spelling?)
They would have been thoroughly checked by Inquisitors, and there is no way that the cyanide pills would not have been found. If you really do want them to commit suicide, however, I'll have no objections if you assume that you or some third party (like Narodna Odbrana) managed to smuggle some pills into their cells later on, I guess, since they aren't being held by the Inquisition but by the Courts. They are your characters and I will respect your decision to kill them if that is what you wish.

I had thought, however, that these were main characters (I noticed one is a baroness) that you wouldn’t want to see killed but rather to eventuall make it back to Xharn, but if that is not the case then sure, go right ahead.

OOC: Xirnium you didn't tackle the question about whether I would be allowed to send in interrorgators.
The High Ecclesiarchy purposefully avoided commenting on that part of the message in their response, and would have given a direct reply later on. Unfortunately, since it doesn't look like the Xharnians will live through the night my answer would be quite redundant.

OOC: The Baroness Alice Rose is head of the X.R.I.C.

Her brother is being held Alex Rose.

He does not hold the title Baron. He was trained to be in the Xharnian Royal Elite Guard and also to be a X.R.I.C. Exterminator. He is basically a really high level character and probally will not be killed off.

His comrades however are cast away characters. They can always be replaced....

God-Emperor v Rose and Tobison and Garbaldi and Kellerson and Marklin and others

Unreported Case – BC2005008799

Court: High Court of Justice
Judges: Winneken P, Chernon and Glastif JJA
Date: 27 December 2005

Criminal Law – Miscellaneous Offences – Make threats to safety of aircraft

Rose, Tobison, et al, you have been found guilty by a jury of, on the 6th of December 2005, without lawful excuse stating your intention to destroy, damage or endanger the safety of aircraft, which is an indictable offence under s 812(b) of the Xirnium Crimes Act 1987.

It is the sentence of the Court that on the Count of making threats to the safety of aircraft of the Xirniumite Navy, an offence to which you have been found guilty by the High Court of Justice, you shall be imprisoned for 12 years. It is further ordered that you serve a minimum of 10 years before being eligible for parole.

The High Court of Justice has rejected a submission that you be allowed to serve out your sentence in Xharn, the nation to which you are a citizen of, and instead orders that you remain incarcerated for the term of your sentence in a Xirniumite prison.

OOC: Hey Xirnium how about a rescue Rp? I could have a team of Xharnian Elite Guardsmen try to infiltrate and rescue the Rose and the others. The Royal Xharnian Government could always claim that the Kraven Corporation was responsiable for it?

OOC: Bump...

OOC: I can't imagine why the High Ecclesiarchy would think that a rescue attempt for Xharnian prisoners was the work of Kraven and not Xharn, or why you would risk to antagonise Xirnium again when so many nations are baying for your blood, but sure, you can try to rescue them if you like. :D

My only request is that we wait a bit before doing that RP because I have a lot of other threads I'm behind in and urgently needs addressing (eg. I haven't responded in that Infinite Crucible thread in over a month), and this would only compound the situation. I've got some RPs just winding down now, and then we should be good to go.

Your troops aren't exactly going anywhere soon, so we'll definitely get around to it eventually. How does that sound?

OOC: Well considering Kraven is the only nation that seems to successfully managed to get a team to infiltrate Xirnium. It seemed highly likely that Kraven could have just hit the prision. After all, We did not succeed the last time. How could a nation like Xharn successfully get a team in...

Plus, I am thinking of having a Coup De At soon and removing the current Government of Xharn. I always wanted to play as a nation under a Military Junta..

_________________________________________________________________

As for the time just TG me when you want to start the Rp