Whereas, given the heinous nature of crimes against humanity and other similar acts, member nations should cooperate with each other to bring those responsible to justice;
Whereas such cooperation is effectively promoted by facilitating comity between member nations in dealing with heinous crimes; and
Whereas, although the World Assembly has legislated to restrict extradition to comply with due process standards (GA #147), as well as to regulate trial procedure for fairness (GA #37, inter alia), this august institution does not yet mandate the extension of comity for most heinous crimes;
The World Assembly enacts as follows, subject to previously enacted World Assembly law.
- Definitions: For the purposes of this resolution, a “heinous crime” means an act which World Assembly law explicitly or implicitly designates as a war crime, a crime against peace, or a crime against humanity, regardless of what jurisdiction takes up a case regarding that act. Absent qualification otherwise, uses of the phrase “World Assembly law” make no regard for the timing, relative to this resolution, of the passage of such law, and exclude repealed legislation.
- Reviews: Where an individual charged or convicted for a heinous crime in a World Assembly member nation remains under the jurisdiction of another member nation, the latter member nation must make a bona fide review to determine whether to extend comity over the case, if such comity is not already extended or to be extended. Such a review must be presided over by a court or other tribunal.
- Comity is to be presumptively granted if there is probable cause that the individual is guilty of said heinous crime, and in such a case may only be denied if the tribunal finds that extending comity would (i) result in a violation of due process or World Assembly law; or (ii) significantly harm a compelling public interest which outweighs the public’s interest in extension of comity.
- The World Assembly Judiciary Committee may, with the consent of the reviewing member nation, supply judicial officials to participate in the tribunal or proceedings thereof.
- Comity: Comity may be extended either by resuming or enforcing the relevant judicial proceedings by the member nation to which comity is extended; or by extraditing the individual in question to the member nation to which comity is extended.
- No member nation or entity therein may wilfully obstruct the transportation of an individual between member nations for the purposes of such extradition, subject to Section 3b.
- A member nation may, subject to other World Assembly law, prevent or restrict its jurisdiction from being used for such transportation, so long as this does not prevent extradition from proceeding without posing a substantial additional burden on the time or finances of the extraditing member nation.
- The enforcement of a judicial sentence shall be considered a form of judicial proceedings in this resolution.
- Extradition support: The International Enforcement Commission, or IEC, is reestablished. Where a member nation has elected to extend comity via extradition under Section 3, the IEC may provide support, in the form of law enforcement officers and with the consent of the extraditing member nation, to facilitate the delivery of the extradited individual to the jurisdiction of the relevant member nation.
- IEC officers acting per this mandate may only use armed force where absolutely necessary to ensure that the individual is safely delivered to the relevant member nation.
- The World Assembly shall reserve the power to, by resolution, expand the authority of the IEC to carry out additional law enforcement actions, excepting regulations limited to the scope of preventing (i) arbitrary action against a person, entity, or property thereof; or (ii) use of force substantially greater than necessary to restrain a person or prevent imminent lawless action.