TCN Resolution 026
|TCN General Assembly|
|Date||July 12, 2020|
TCN Security Council Resolution 026, officially called Refinement of the International Procedures of Law and the Jurisdictions Thereof (026), was adopted by the Terraconserva Council of Nations General Assembly on July 12, 2020.
To the General Assembly of the Terraconserva Council of Nations
- Recalling the extreme success of TCN#014, Mandate for the International Trial of Alyosha Karamazov,
- Noting that all international instances of legal concern are not so clear cut, and that non-extreme cases may be otherwise unclear or neglected at this time,
- Desiring legally efficient and fair policies for all persons of Terraconserva,
- Aware of the extreme judicial systems of some nations,
- Seeks to both maintain personal freedom and the sovereignty of relevant domestic policies,
- Declares the legitimacy of the method of trial used in regards to Alyosha Karamazov to be used for any potential future international criminals that are alleged to have committed major crimes, the circumstances necessary for which included in subclause one, and the general method of the trial included in subclauses two through,
- A "Karamazov trial" may be called by the Security Council of the Council of Nations, using the below stipulations,
- Each nation having been directly impacted by the alleged crimes will supply one justice to the trial which may be appointed by their respective governments. These states must be listed in the resolution which calls the trial to legitimacy,
- The trial shall be presided over by one of the justices chosen, but all justices shall have an equal vote. The chosen presider must be expressed in the relevant resolution,
- The accused will be allowed to acquire an attorney either personally or through the government of the state in which they hold citizenship,
- Each delegation to the Council of Nations will be allowed to submit charges against the accused,
- There must be a two-thirds margin of the agreement for deciding upon a verdict and sentencing, however, if capital punishment is chosen as a sentence, the method chosen must be agreed upon in a unanimous fashion,
- Prohibits states from sentencing individuals to death or otherwise fatal sentences (hard labour or physically harming punishments) if the accused does not hold citizenship in the state which has charged and convicted them,
- Further prohibits states from giving individuals citizenship to circumvent this clause, specifying that the citizenship must have been held at the time of the commencement of the criminal action,
- Establishes the Terraconserva International Court for the purposes of handling any lower level disputes and concerns regarding jurisdiction or appropriately contradictory issues on the national level,
- Clarifies the role of the Terraconserva International Court as one to "settle disputes, find compromise when fair, and prevent perversions of justice or otherwise extrajudicial or fabricated punishments as a result of conflicting legal policies,"
- Determines that for any disputes between nations in the Terraconserva International Court, the court may select one professionally authorized judge on the national level of a member state not involved to mediate the disputes,
- Mandates governments may not charge nor prosecute an individual for an action which they carried out exclusively in a foreign state where said action is legal, regardless of its legality in their home country,
- Specifies that if the same occurrence of an action occurs between two or more states, and there is not a uniform legal policy in both states in regards to that action, any pursued charges must be pursued in the Terraconserva International Court unless all nations agree to defer it to one for resolution on the matter,
- Further specifies that actions illegal in one state but also partially occurring in international waters or airspace, as defined by twelve nautical miles from the coast of any nation, must be settled in the Terraconserva International Court, or be willingly deferred by the court to national authorities.
- Authorizes that any instances of illegal behaviour occurring exclusively in international territory, including, but limited to, the Council of Nations Headquarters property in Bostonia, or international waters and airspace, must be handled exclusively by the Terraconserva International Court.
- Further authorizes that in these contexts of legal evaluation, the court may select three professionally authorized national judges from three member states to consider the dispute,
- Ratifies the above stipulations of trial and establishes the Terraconserva International Court within the above doctrines.