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GA: Protected Status in Wartime
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  • Paragons
  • Protected Status in Wartime
    Category: Human Rights  |  Strength: Mild  |  Proposed by: Separatist Peoples

    Quote
    Praising the protected status levied upon certain parties in armed conflict;

    Echoing the notion that such protections are developed in the interest of all parties, civilian and combatant;

    Appalled at their abuse, which inherently degrades those mutual restraints and makes the conclusion or relief of a conflict a distant goal;

    Certain that the regulation of the few, necessary restrictions on warfare that this august Assembly has sought to emplace to be a fair balance between strategic interests and civilian protection, and;

    Endeavoring to prevent those abuses that do equal harm to innocent bystanders and civilians and the brave soldiers proudly serving their nation’s highest call to duty;

    The General Assembly enacts the following measures:

    1.   During a time of armed conflict, member states’ combatants shall not falsely utilize the protected status accompanying the symbols or uniforms unique to humanitarian relief workers or organizations, or unarmed medical personnel.

    2.   During a time of armed conflict, member states’ combatants shall not falsely utilize the protected status accompanying the symbols or uniforms of neutral or uninvolved parties with the intention of engaging the enemy, shielding themselves from enemy action, otherwise disguising forces to execute a military objective, or for the general purpose of upsetting the neutrality of any party.

    3.   During a time of armed conflict, member states’ combatants shall not utilize the protected status of civilian noncombatants by disguising themselves such with the intention of engaging the enemy, shielding themselves from enemy action, or to otherwise execute a military objective. Member states’ combatants are not restricted from utilizing civilian equipment or clothing, provided they alter or mark them in a clear and obviously recognizable way so as to prevent being mistaken for civilians, or otherwise remain immediately recognizable as combatants.

    4.   During a time of armed conflict, member states’ combatants shall not falsely utilize the protected status guaranteed to any other particular category or group of individuals and their associated symbols, subject to the immunities and exceptions granted by General Assembly law.

    5.   Member states shall consider actions contrary to the provisions of this law to be an abuse of protected status in wartime, and therefore an illegal war crime.

    6.   Member states shall consider command responsibility in the prosecution of the abuse of protected status in wartime, and shall consider any orders or authorizations to the contrary of these provisions to be manifestly illegal. Member states shall further ensure that subordinates can refuse such orders without fear of penalty.

    7.   Nothing in this law shall be construed as preventing ruses or deceptions in armed conflict that do not rely upon deception by inviting the confidence of an enemy with regard to protected status under World Assembly law.

    This proposal is very well put together and the author has done an excellent job of closing loopholes and dealing with all kinds of what-if situations.  When a proposal goes through several days of drafting and it only gets stronger and more concise, that's a good sign that the author is on to something. 

    Official debate thread:
    http://forum.nationstates.net/viewtopic.php?f=9&t=332151&start=75
    « Last Edit: May 06, 2015, 02:22:44 AM by Point Breeze »
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