10-24-2017, 08:50 PM
On the question of whether this violates On Universal Jurisdiction: I think the answer is no because it is targeted at member state compliance rather than individual compliance.
As I said in EP's international court thread, On Universal Jurisdiction states that the World Assembly cannot try and impose penalties on individuals for violating WA law when the universal jurisdiction of member states applies, whether in an original or appellate context. But the the World Assembly could still conceivably try and impose penalties on individuals where universal jurisdiction is not recognized.
In addition, the World Assembly retains complete freedom to go after member states for violations of WA law. You can't imprison a member state, obviously, but you can certainly impose fines and economic sanctions. This is precisely what this proposal does.
As I said in EP's international court thread, On Universal Jurisdiction states that the World Assembly cannot try and impose penalties on individuals for violating WA law when the universal jurisdiction of member states applies, whether in an original or appellate context. But the the World Assembly could still conceivably try and impose penalties on individuals where universal jurisdiction is not recognized.
In addition, the World Assembly retains complete freedom to go after member states for violations of WA law. You can't imprison a member state, obviously, but you can certainly impose fines and economic sanctions. This is precisely what this proposal does.