WF Resolution 1b (Pacifica): Difference between revisions
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|document = https://tspforums.xyz/thread-7869-post-200589.html#pid200589 | |document = https://tspforums.xyz/thread-7869-post-200589.html#pid200589 | ||
|for = | |for = 6{{efn|One additional vote was recorded for an alternative draft of the resolution.}} | ||
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|result = Establishment of the [[World Forum (Pacifica)#International Court|International Court]] | |result = Establishment of the [[World Forum (Pacifica)#International Court|International Court]] | ||
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# Rulings may be appealed. If the head justice finds that there is reason to do so, new justices shall replace those in the board. | # Rulings may be appealed. If the head justice finds that there is reason to do so, new justices shall replace those in the board. | ||
# The International Court shall otherwise have the authority to establish its own procedural framework by majority votes by the justices. | # The International Court shall otherwise have the authority to establish its own procedural framework by majority votes by the justices. | ||
== Notes == | |||
{{notelist}} | |||
== References == | == References == | ||
Latest revision as of 04:01, 1 January 2022
| WF Assembly Resolution 1b | |
|---|---|
| Date | 10 May 2020 |
| Document | Link |
Voting summary |
|
| Result | Establishment of the International Court |
World Forum Resolution 1b - Establishment of the International Court was the third and last resolution dealing with the establishment of the World Forum's organisational structure.
Background
In Article II, Section C of the Charter of the World Forum the founding states have agreed on the establishment of a court, which can be called to settle national and international disputes. Discussions on a framework of such a court did not start until February 2020 though, when Speaker of the World Forum Christian Strunk was asking the Assembly to make proposals on how the provision from the Charter shall be executed. From his perspective a solution was overdue to be found not only because the World Forum was in its third year of existence already, but also due to the ongoing Reizen Civil War, which could have been prevented or at least shortened, if the International Court already existed.[1]
Talking points during the discussion of the framework were revolving around the number of judges working on a submitted case, who is able to file a case against whom at the court and when, and whether potential rulings would legally limit the sovereignity of World Forum members.[2] This eventually led to a resolution draft with several alternative lines of texts, on which the Assembly voted in conjunction with the general resolution approval vote. In the end 89% of the Assembly voted in favour of the resolution, but the opposing 11%, which included the Frost Empire, made sure to express their principal opposition albeit accepting the voting result.[3]
Summary
The resolution consists of five sections:
- Section A states the purpose of the resolution
- Section B defines the responsibilities of the International Court
- Section C states the location of the court
- Section D drafts the organisation of the court
- Section E drafts the procedure of the court
Provisions
Section A - Purpose
This resolution aims towards establishing the International Court (IC) according to its framework laid out in Article II, Section C of the Charter of the World Forum.
Section B - Responsibilities
- The International Court shall:
Any rulings by the International Court must always be based on international law as defined in the Grovne Conventions. If one party fails to comply with a decision of the International Court, the other party may have recourse to the Assembly, where a recommendation may be made.
- have the authority to adjudicate disputes and administer justice in accordance to the International Laws as defined in the Grovne Conventions, which are voluntarily submitted by nations, regions in nations, international organisations, or individuals involved in the dispute, henceforth defined as Entities. Entities do not have to be members or observers of the World Forum to submit a dispute to the International Court.
- help the Assembly, should the need for arbitration arise.
- propose actions to the Assembly when Entities violate human rights
- judge Entities that disturb international peace and security
- propose the deployment of peacekeeping troops or other sanctions to the Assembly, should no other action be deemed sufficient to resolve the dispute.
- mediate in conflicts between non-governmental organisations or enterprises, which are voluntarily submitted to it.
- In case of a trial, the accused Entities will be provided counsel versed in international law by the International Court. The defendant may also appoint counsel of their choice. If they are unable to find one, the International Court needs to provide counsel versed in international law.
- The International Court shall work out guidelines to protect witnesses and testifiers to the International Court. These guidelines need approval by a simple majority in the Assembly.
Section C - Location
The seat of the International Court is in Petrovka, Karnetvor. The Assembly may relocate the Court with a simple majority vote after hearing the country, in which the International Court is located, and taking possible counter arguments into consideration. The country has been heard after it has expressed its standpoint on the relocation or after fourteen (14) days have passed.
Section D - Organisation
- All members of the World Forum are represented with one justice in the International Court proposed by the member’s government. All justices need approval by the Assembly with a simple majority vote. In each case only a board of five (5) justices administer justice. The term of each justice lasts one (1) year, after which the Assembly needs to approve the judge again.
- The approval of justices happens during the speakership elections. The Assembly can decide on whether to approve all judges at once or to have a vote for each judge separately.
- The Speaker of the Assembly shall ensure, that the board of justices working on a case only consists of justices who are unbiased towards either party of the conflict. All conflicting parties have the right to file a complaint if they are feeling mistreated by the Court. Such a complaint shall get sent to the Speaker with an explanatory letter attached to it. A complaint without such an explanatory letter will not be considered. The Speaker decides on whether to act upon such a complaint.
- For the duration of the term, there shall be a head justice who is appointed by the other justices by a majority vote to lead the work of the International Court. The head justice shall be neutral in all disputes.
- The participation in a peacekeeping mission is entirely voluntary. No member of the World Forum is bound to send troops, material, money or other goods, if the Assembly has voted in favor of deploying peacekeeping troops after a suggestion by the International Court.
Section E - Procedure
- Rulings shall be decided by a majority vote by the board.
- Rulings may be appealed. If the head justice finds that there is reason to do so, new justices shall replace those in the board.
- The International Court shall otherwise have the authority to establish its own procedural framework by majority votes by the justices.
Notes
- ↑ One additional vote was recorded for an alternative draft of the resolution.
References
- ↑ WF-Speaker Strunk: "I think, it's obvious with the current tensions (...) in the IFF (...) that we ultimately need such an institution, because we, as the WF, should (...) prevent any more bloodshed due to a civil war."
- ↑ Discussion of the Resolution, p. 1-2: https://tspforums.xyz/thread-7869.html
- ↑ Voting result, p. 3-4: https://tspforums.xyz/thread-7869-post-200376.html#pid200376