NationStates Jolt Archive


UN proposal legality check *Mods Only Pls*

Saint Uriel
11-05-2005, 03:09
Being as this is my first UN proposal, I would like moderater input/verification of legality (particularly the final clause) before I actually submit it. Following Fris's excellent advise, I've posted it on the UN forum and solicited some good comments. I've tried to take these into consideration, make use of the feedback, and explain my own position. You can see that thread here:

http://forums.jolt.co.uk/showthread.php?t=418141

(*note* Those of you who are non-mods are welcome to put your input/questions on the above thread. Many thanks).

Here's the draft as it stands now:
Right to Refuse Extradition
Category: Human Rights
Strength: Significant

ACKNOWLEDGING that capital punishment (the death penalty, execution) is a contentious issue, with many different viewpoints

ACKNOWELDGING ALSO that situations involving international fugitives may be very diplomatically delicate

ENCOURAGING nations to resolve matters of international fugitives through discussion and diplomacy

AFFIRMING that each nation has the sovereign right to allow or ban capital punishment within its own borders

AFFIRMING ALSO that a nation should not be forced to be a party to execution against its will

BE IT RESOLVED that UN member nations shall have the AFFIRMED RIGHT to refuse, if they so desire, extradition (deportation) of international fugitives to any nation IF the extraditing nation may reasonably believe that the fugitive may face capital punishment if extradited

BE IT FURTHER RESOLVED that UN member nations may exercise this right without fear of military reprisal from the fugitive's home nation or from any other UN member nation

Thanks in advance for your help.
Saint Uriel
13-05-2005, 01:49
bumpity bump bump
The Most Glorious Hack
13-05-2005, 05:37
BE IT FURTHER RESOLVED that UN member nations may exercise this right without fear of military reprisal from the fugitive's home nation or from any other UN member nation

This phrase gives me pause and makes me lean towards illegal. If said fugitive is from a non-UN nation, this implies that the Resolution will prevent that nation from taking action. The UN cannot force action (or inaction) on a non-UN nation.
Saint Uriel
13-05-2005, 12:46
This phrase gives me pause and makes me lean towards illegal. If said fugitive is from a non-UN nation, this implies that the Resolution will prevent that nation from taking action. The UN cannot force action (or inaction) on a non-UN nation.
Ahhh, excellent point. So if I edit it down to affecting only UN nations, that would avoid this problem?? Something like this?:

BE IT FURTHER RESOLVED that UN member nations may exercise this right without fear of military reprisal from any other UN member nation

Thanks for your helpful input.