Question:
Domestic intelligence services are the only organization that is capable of performing counterintelligence

Domestic intelligence services are the only organization that is capable of performing counterintelligence. They have the capacity and the authority to detect foreign spies in the national jurisdiction, and experience with local surveillance and investigation. Part of the job of domestic intelligence is to maintain a network of informers and agents, and this can be used to find and track foreign intelligence services on a mission – these functions can’t be easily performed by the military or foreign intelligence so an independent domestic intelligence agency is necessary.

The military or foreign intelligence or just as able to conduct counterintelligence, because the potential targets for foreign intelligence services are well known. But even if a domestic intelligence service is best placed for counter-intelligence, this is just an argument for limiting their functions to counter-intelligence, where they won’t harm citizen’s privacy as much. The arguments above deal with the other work a domestic intelligence does, and that work is illegitimate.

Acting due to a change of government is not the prerogative of another state. Putin is within his rights not to recognise that government and to grant asylum to former president Yanukovych but not to take action within the Ukraine to change the situation.

The coup however was not a coup but an abdication. “Yanukovych has lost his legitimacy as he abdicated his responsibilities. As you know, he left Ukraine – or left Kyiv, and he has left a vacuum of leadership.” It was therefore Yanukovych who essentially decided that he was no longer in charge by leaving Kiev and not making any statements for several days. [1] Moreover the Ukrainian constitution (both 2004 and 2010 versions) gives the right to impeach the President to Parliament [2] this is what the Parliament has done.

[1] Psaki, Jen, ‘Daily Press Briefing’, U.S. Department of State, 28 February 2014

[2] Constitution of Ukraine, Article 85 (7 & 10), wikisource, 2004 , 2010

A politician who has to constantly concern himself with reelection has a much greater likelihood of being beholden to special interest groups and lobbyists than one who is term-limited so will actually engage in more corruption. While a term-limited legislator may suffer to a degree from lame duck status, the need to continuously seek electoral support is far more damaging to his ability to do what is right for the nation. Politicians who are not term-limited will spend more time doing what is popular than what is necessary. It is far better to have a representative who has only a limited time to enact the policies he envisions, so that he actively seeks to implement his vision, rather focusing on the short-term goal of reelection.

Far from being a unifying force the Schengen Area has already led to disagreements between individual countries. Italy and France were involved in a major political dispute after Italy abused the spirit, if not the terms, of the Schengen Agreement to offload thousands of North African migrants onto France. In April 2011, French police even went so far as to stop an Italian train carrying migrants and prevent it from crossing the border [1] . France took the rare decision to temporarily re-establish border controls, adding more than 300 police to patrols monitoring roads and foot trails that lead into French territory, along with inspecting rail traffic [2] . It issued instructions stating that an immigrant who wishes to cross the French border must “hold a valid travel document recognised by France” and a “valid residence document,” “show proof of having sufficient resources—that is, €31 per day if the person has accommodations, and €62 otherwise [3] . France’s unilateral decision to restore border controls and stretch the boundary of the Schengen Agreement underlines the extreme fragility of the legal basis of the European Union. Further, Romania was angry at attempts to exclude them from the Schengen area, a move led by France and Germany, after accessing to the EU and technically meeting all the border conditions for the passport-free zone, calling it “discrimination” [4] .

[1] ‘France and Italy push for reform of Schengen treaty’, BBC News, 26th April 2011, http://www.bbc.co.uk/news/world-europe-13189682

[2] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[3] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[4] Waterfield, Bruno, ‘Romania accuses France and Germany of discrimination over Schengen exclusion’, The Daily Telegraph, 22nd December 2010, http://www.telegraph.co.uk/news/worldnews/europe/romania/8219933/Romania...

The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html

The fact that the prison system is not designed to be punitive doesn’t mean it shouldn’t be. Retributive justice demands that criminals are punished. Prison should do that, and it should fit the crime, by having more than one category of punishment based on the offence. It is understandable that prison services themselves do not consider their task to be to punish; they claim that is done by the judge or jury that hands out the sentence. This however in effect means that no one takes responsibility for punishing those who have done wrong. Instead each stage of the criminal justice system becomes solely an attempt to prevent future crime without consideration to past victims.

The ICC does not infringe upon national sovereignty because it only has jurisdiction if the national justice system is either ineffective or unable to prosecute the criminal.

National courts still have the responsibility and ability to prosecute their own criminals, and the ICC is only meant to be used as a last resort in case these national measures fail; there is no contradiction between the two.1 Sovereignty only exists if the state has internal control, and the ICC will only have jurisdiction in cases where the national justice system has proven that for some reason, it will not prosecute the criminal.

1 Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead." Human Rights Quarterly, Vol. 20 No. 2, May 1998, 413-428.

Although religions supported the anti-gay law, it is not solely a religious issue; the majority of Ugandans believe that homosexuality is contrary to their traditional values and all the anti-gay protests were inclusive regardless of religious denominations. It is therefore wrong to assert that the law was passed as a religious initiative. A separation of church and state does not mean the government should never run policies that the religious want simply that the government should not be favouring a particular religion.

There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jurors where they cannot be seen, and 3) by having higher penalties for jury tampering and intimidation. The second way is probably the most effective, and American courts have found that in cases where jury tampering poses a serious threat, it does not interfere with the defendant's right to a fair trial.1 1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

Past experience in Iraq and Afghanistan indicates that terrorism tends to flourish when states are weak. An Invasion of Sudan, especially if it had led to a collapse of the Sudanese state, would have create a vacuum terrorists could kill, especially when the very invasion would provide the resentment and motivation for thousands of jihadi volunteers to fight the Western “crusaders”

Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]

The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.

At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.

[1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013, http://www.independent.co.uk/news/world/africa/is-libya-too-scared-to-put-saif-gaddafi-on-trial-8771495.html

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Domestic intelligence agencies cannot be controlled

There are no effective ways of controlling the activities of a domestic intelligence agency. With an information request, an investigated citizen has no way of being sure what the intelligence service in question actually does with the information, once it has gathered it, and whether the service actually upheld the principles of subsidiarity and proportionality as they should, because the methods used are not given out. Also, the intelligence service might promise to delete a file after a court honoured a request, but no one can ever be sure that the intelligence service didn’t make an extra, secret copy.

It is quite possible to put checks on the power of a domestic intelligence agency in order to prevent abuse of authority. An important way, in which individual citizens can actually control the intelligence service, is through lodging an information request at the domestic intelligence service. In a democracy, the service is obliged to share if it has a dossier on that citizen, and if it’s unfounded, can request the deletion of it. Of course, the dossier will not include specific intelligence gathering methods used nor mention sources, but overall, it will provide a good picture of what the intelligence service has been investigating so far.

Acting due to a change of government is not the prerogative of another state. Putin is within his rights not to recognise that government and to grant asylum to former president Yanukovych but not to take action within the Ukraine to change the situation.

The coup however was not a coup but an abdication. “Yanukovych has lost his legitimacy as he abdicated his responsibilities. As you know, he left Ukraine – or left Kyiv, and he has left a vacuum of leadership.” It was therefore Yanukovych who essentially decided that he was no longer in charge by leaving Kiev and not making any statements for several days. [1] Moreover the Ukrainian constitution (both 2004 and 2010 versions) gives the right to impeach the President to Parliament [2] this is what the Parliament has done.

[1] Psaki, Jen, ‘Daily Press Briefing’, U.S. Department of State, 28 February 2014

[2] Constitution of Ukraine, Article 85 (7 & 10), wikisource, 2004 , 2010

A politician who has to constantly concern himself with reelection has a much greater likelihood of being beholden to special interest groups and lobbyists than one who is term-limited so will actually engage in more corruption. While a term-limited legislator may suffer to a degree from lame duck status, the need to continuously seek electoral support is far more damaging to his ability to do what is right for the nation. Politicians who are not term-limited will spend more time doing what is popular than what is necessary. It is far better to have a representative who has only a limited time to enact the policies he envisions, so that he actively seeks to implement his vision, rather focusing on the short-term goal of reelection.

Far from being a unifying force the Schengen Area has already led to disagreements between individual countries. Italy and France were involved in a major political dispute after Italy abused the spirit, if not the terms, of the Schengen Agreement to offload thousands of North African migrants onto France. In April 2011, French police even went so far as to stop an Italian train carrying migrants and prevent it from crossing the border [1] . France took the rare decision to temporarily re-establish border controls, adding more than 300 police to patrols monitoring roads and foot trails that lead into French territory, along with inspecting rail traffic [2] . It issued instructions stating that an immigrant who wishes to cross the French border must “hold a valid travel document recognised by France” and a “valid residence document,” “show proof of having sufficient resources—that is, €31 per day if the person has accommodations, and €62 otherwise [3] . France’s unilateral decision to restore border controls and stretch the boundary of the Schengen Agreement underlines the extreme fragility of the legal basis of the European Union. Further, Romania was angry at attempts to exclude them from the Schengen area, a move led by France and Germany, after accessing to the EU and technically meeting all the border conditions for the passport-free zone, calling it “discrimination” [4] .

[1] ‘France and Italy push for reform of Schengen treaty’, BBC News, 26th April 2011, http://www.bbc.co.uk/news/world-europe-13189682

[2] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[3] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[4] Waterfield, Bruno, ‘Romania accuses France and Germany of discrimination over Schengen exclusion’, The Daily Telegraph, 22nd December 2010, http://www.telegraph.co.uk/news/worldnews/europe/romania/8219933/Romania...

The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html

The fact that the prison system is not designed to be punitive doesn’t mean it shouldn’t be. Retributive justice demands that criminals are punished. Prison should do that, and it should fit the crime, by having more than one category of punishment based on the offence. It is understandable that prison services themselves do not consider their task to be to punish; they claim that is done by the judge or jury that hands out the sentence. This however in effect means that no one takes responsibility for punishing those who have done wrong. Instead each stage of the criminal justice system becomes solely an attempt to prevent future crime without consideration to past victims.

The ICC does not infringe upon national sovereignty because it only has jurisdiction if the national justice system is either ineffective or unable to prosecute the criminal.

National courts still have the responsibility and ability to prosecute their own criminals, and the ICC is only meant to be used as a last resort in case these national measures fail; there is no contradiction between the two.1 Sovereignty only exists if the state has internal control, and the ICC will only have jurisdiction in cases where the national justice system has proven that for some reason, it will not prosecute the criminal.

1 Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead." Human Rights Quarterly, Vol. 20 No. 2, May 1998, 413-428.

Although religions supported the anti-gay law, it is not solely a religious issue; the majority of Ugandans believe that homosexuality is contrary to their traditional values and all the anti-gay protests were inclusive regardless of religious denominations. It is therefore wrong to assert that the law was passed as a religious initiative. A separation of church and state does not mean the government should never run policies that the religious want simply that the government should not be favouring a particular religion.

There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jurors where they cannot be seen, and 3) by having higher penalties for jury tampering and intimidation. The second way is probably the most effective, and American courts have found that in cases where jury tampering poses a serious threat, it does not interfere with the defendant's right to a fair trial.1 1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

Past experience in Iraq and Afghanistan indicates that terrorism tends to flourish when states are weak. An Invasion of Sudan, especially if it had led to a collapse of the Sudanese state, would have create a vacuum terrorists could kill, especially when the very invasion would provide the resentment and motivation for thousands of jihadi volunteers to fight the Western “crusaders”

Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]

The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.

At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.

[1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013, http://www.independent.co.uk/news/world/africa/is-libya-too-scared-to-put-saif-gaddafi-on-trial-8771495.html

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The government does not have the right to spy on its citizens

The government should not want to spy on its own citizens – that is the mark of a totalitarian regime. If some citizens disagree with the current government or current form of government, it is their fundamental democratic right to do so, and the government has no right to judge their different political preferences as ‘dangerous’. Experience shows that elected governments are not always able to control their domestic intelligence services, which may develop their own views of what constitutes subversive behaviour. In the 1970s MI5 kept files upon Labour Party MPs, including ministers in the UK Government. Elsewhere, fragile democracies such as Pakistan and Turkey have seen military coups launched against elected governments with the involvement of the domestic intelligence services which were supposed to be guarding them. In Turkey despite a coup against army leaders in 2008 the domestic intelligence agencies remain very strong and are supported by the national police. [1] Whenever there is a domestic intelligence service it is potentially very powerful due to the information it controls which could be used in support of other groups like the military to undermine or overthrow the government. It is better to keep intelligence focused outward.

[1] Cagaptay, Soner, What's Really Behind Turkey's Coup Arrests? Foreign policy, 25/02/2010 http://www.foreignpolicy.com/articles/2010/02/25/whats_really_behind_turkeys_coup_arrests

Some citizens don’t just have political differences with the current government, but are fundamentally opposed to the democratic state and are willing to use violence against state and society. Such is the case with Germany’s far-left party where the Federal Administrative Court ruled that the Federal Office for the Protection of the Constitution (BfV) could continue to observe Bodo Ramelow, leader of the Left Party in the eastern state of Thuringia. [1] Or where domestic intellegence agencies are necessary to monitor home grown terrorist organisations like the IRA. To protect itself, society and most importantly, the lives of other citizens, it’s necessary for a government to sometimes want to keep a close eye on some of their own citizens. A democratically elected government has both the authority and the legitimacy to order such surveillance, and can be held accountable for the way in which it uses its powers.

[1] Der Spiegel, ‘Is Germany's Left Party a Threat to Democracy?’ 22/7/2010 http://www.spiegel.de/international/germany/0,1518,707888,00.html

Acting due to a change of government is not the prerogative of another state. Putin is within his rights not to recognise that government and to grant asylum to former president Yanukovych but not to take action within the Ukraine to change the situation.

The coup however was not a coup but an abdication. “Yanukovych has lost his legitimacy as he abdicated his responsibilities. As you know, he left Ukraine – or left Kyiv, and he has left a vacuum of leadership.” It was therefore Yanukovych who essentially decided that he was no longer in charge by leaving Kiev and not making any statements for several days. [1] Moreover the Ukrainian constitution (both 2004 and 2010 versions) gives the right to impeach the President to Parliament [2] this is what the Parliament has done.

[1] Psaki, Jen, ‘Daily Press Briefing’, U.S. Department of State, 28 February 2014

[2] Constitution of Ukraine, Article 85 (7 & 10), wikisource, 2004 , 2010

A politician who has to constantly concern himself with reelection has a much greater likelihood of being beholden to special interest groups and lobbyists than one who is term-limited so will actually engage in more corruption. While a term-limited legislator may suffer to a degree from lame duck status, the need to continuously seek electoral support is far more damaging to his ability to do what is right for the nation. Politicians who are not term-limited will spend more time doing what is popular than what is necessary. It is far better to have a representative who has only a limited time to enact the policies he envisions, so that he actively seeks to implement his vision, rather focusing on the short-term goal of reelection.

Far from being a unifying force the Schengen Area has already led to disagreements between individual countries. Italy and France were involved in a major political dispute after Italy abused the spirit, if not the terms, of the Schengen Agreement to offload thousands of North African migrants onto France. In April 2011, French police even went so far as to stop an Italian train carrying migrants and prevent it from crossing the border [1] . France took the rare decision to temporarily re-establish border controls, adding more than 300 police to patrols monitoring roads and foot trails that lead into French territory, along with inspecting rail traffic [2] . It issued instructions stating that an immigrant who wishes to cross the French border must “hold a valid travel document recognised by France” and a “valid residence document,” “show proof of having sufficient resources—that is, €31 per day if the person has accommodations, and €62 otherwise [3] . France’s unilateral decision to restore border controls and stretch the boundary of the Schengen Agreement underlines the extreme fragility of the legal basis of the European Union. Further, Romania was angry at attempts to exclude them from the Schengen area, a move led by France and Germany, after accessing to the EU and technically meeting all the border conditions for the passport-free zone, calling it “discrimination” [4] .

[1] ‘France and Italy push for reform of Schengen treaty’, BBC News, 26th April 2011, http://www.bbc.co.uk/news/world-europe-13189682

[2] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[3] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[4] Waterfield, Bruno, ‘Romania accuses France and Germany of discrimination over Schengen exclusion’, The Daily Telegraph, 22nd December 2010, http://www.telegraph.co.uk/news/worldnews/europe/romania/8219933/Romania...

The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html

The fact that the prison system is not designed to be punitive doesn’t mean it shouldn’t be. Retributive justice demands that criminals are punished. Prison should do that, and it should fit the crime, by having more than one category of punishment based on the offence. It is understandable that prison services themselves do not consider their task to be to punish; they claim that is done by the judge or jury that hands out the sentence. This however in effect means that no one takes responsibility for punishing those who have done wrong. Instead each stage of the criminal justice system becomes solely an attempt to prevent future crime without consideration to past victims.

The ICC does not infringe upon national sovereignty because it only has jurisdiction if the national justice system is either ineffective or unable to prosecute the criminal.

National courts still have the responsibility and ability to prosecute their own criminals, and the ICC is only meant to be used as a last resort in case these national measures fail; there is no contradiction between the two.1 Sovereignty only exists if the state has internal control, and the ICC will only have jurisdiction in cases where the national justice system has proven that for some reason, it will not prosecute the criminal.

1 Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead." Human Rights Quarterly, Vol. 20 No. 2, May 1998, 413-428.

Although religions supported the anti-gay law, it is not solely a religious issue; the majority of Ugandans believe that homosexuality is contrary to their traditional values and all the anti-gay protests were inclusive regardless of religious denominations. It is therefore wrong to assert that the law was passed as a religious initiative. A separation of church and state does not mean the government should never run policies that the religious want simply that the government should not be favouring a particular religion.

There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jurors where they cannot be seen, and 3) by having higher penalties for jury tampering and intimidation. The second way is probably the most effective, and American courts have found that in cases where jury tampering poses a serious threat, it does not interfere with the defendant's right to a fair trial.1 1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

Past experience in Iraq and Afghanistan indicates that terrorism tends to flourish when states are weak. An Invasion of Sudan, especially if it had led to a collapse of the Sudanese state, would have create a vacuum terrorists could kill, especially when the very invasion would provide the resentment and motivation for thousands of jihadi volunteers to fight the Western “crusaders”

Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]

The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.

At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.

[1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013, http://www.independent.co.uk/news/world/africa/is-libya-too-scared-to-put-saif-gaddafi-on-trial-8771495.html

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Intelligence agencies inflate threats.

Having domestic intelligence agencies creates suspicion and fear, and ultimately resentment. Domestic intelligence agencies are created in response to war and external threats, for example MI5 was created in the build up to world war one, and Australia’s intelligence service was created in response to the discovery of a soviet spy ring within the Australian government. [1] Having any such service involved in more than simply counter-intelligence against foreign services shows that the government does not trust its own people. The United States has until very recently not had a domestic intelligence exactly because it was considered that the FBI could do everything that was required without creating undue suspicion. Bureaucracies inflate threats so as to gain more resources, MI5 is a good example, it was given more resources than it needed to engage in counterintelligence against Germany so expanded its role to surveillance of elements such as pacifists and organised labour. [2] More recently the head of MI5 announced there were 1600 Britons plotting terror, which may simply be threat inflation, something which not only makes everyone fearful for no reason. [3] An agency which is equally focused on criminal investigation would have much less reason to inflate dangers in order to maintain or increase funding.

[1] Jackson, Brian a. ed., ‘Considering the Creation of a Domestic Intelligence Agency in the United States’, Rand, 2009, http://www.rand.org/pubs/monographs/2009/RAND_MG805.pdf p.15

[2] Wikipedia, ‘MI5’, http://en.wikipedia.org/wiki/MI5

[3] Kayyem, Juliette, and Posner, Richard A., ‘Does the United States Need a Domestic Intelligence Agency?’ CFR, 17 November 2006, http://www.cfr.org/intelligence/does-united-states-need-domestic-intelli...

It is better to have some fear and suspicion in society than letting a terrorist attack which costs lives through. Without a domestic intelligence agency we probably would not even know about the 1600 potential terrorists. Now that many of these plots are known by the intelligence agency they can be prevented.

Acting due to a change of government is not the prerogative of another state. Putin is within his rights not to recognise that government and to grant asylum to former president Yanukovych but not to take action within the Ukraine to change the situation.

The coup however was not a coup but an abdication. “Yanukovych has lost his legitimacy as he abdicated his responsibilities. As you know, he left Ukraine – or left Kyiv, and he has left a vacuum of leadership.” It was therefore Yanukovych who essentially decided that he was no longer in charge by leaving Kiev and not making any statements for several days. [1] Moreover the Ukrainian constitution (both 2004 and 2010 versions) gives the right to impeach the President to Parliament [2] this is what the Parliament has done.

[1] Psaki, Jen, ‘Daily Press Briefing’, U.S. Department of State, 28 February 2014

[2] Constitution of Ukraine, Article 85 (7 & 10), wikisource, 2004 , 2010

A politician who has to constantly concern himself with reelection has a much greater likelihood of being beholden to special interest groups and lobbyists than one who is term-limited so will actually engage in more corruption. While a term-limited legislator may suffer to a degree from lame duck status, the need to continuously seek electoral support is far more damaging to his ability to do what is right for the nation. Politicians who are not term-limited will spend more time doing what is popular than what is necessary. It is far better to have a representative who has only a limited time to enact the policies he envisions, so that he actively seeks to implement his vision, rather focusing on the short-term goal of reelection.

Far from being a unifying force the Schengen Area has already led to disagreements between individual countries. Italy and France were involved in a major political dispute after Italy abused the spirit, if not the terms, of the Schengen Agreement to offload thousands of North African migrants onto France. In April 2011, French police even went so far as to stop an Italian train carrying migrants and prevent it from crossing the border [1] . France took the rare decision to temporarily re-establish border controls, adding more than 300 police to patrols monitoring roads and foot trails that lead into French territory, along with inspecting rail traffic [2] . It issued instructions stating that an immigrant who wishes to cross the French border must “hold a valid travel document recognised by France” and a “valid residence document,” “show proof of having sufficient resources—that is, €31 per day if the person has accommodations, and €62 otherwise [3] . France’s unilateral decision to restore border controls and stretch the boundary of the Schengen Agreement underlines the extreme fragility of the legal basis of the European Union. Further, Romania was angry at attempts to exclude them from the Schengen area, a move led by France and Germany, after accessing to the EU and technically meeting all the border conditions for the passport-free zone, calling it “discrimination” [4] .

[1] ‘France and Italy push for reform of Schengen treaty’, BBC News, 26th April 2011, http://www.bbc.co.uk/news/world-europe-13189682

[2] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[3] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[4] Waterfield, Bruno, ‘Romania accuses France and Germany of discrimination over Schengen exclusion’, The Daily Telegraph, 22nd December 2010, http://www.telegraph.co.uk/news/worldnews/europe/romania/8219933/Romania...

The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html

The fact that the prison system is not designed to be punitive doesn’t mean it shouldn’t be. Retributive justice demands that criminals are punished. Prison should do that, and it should fit the crime, by having more than one category of punishment based on the offence. It is understandable that prison services themselves do not consider their task to be to punish; they claim that is done by the judge or jury that hands out the sentence. This however in effect means that no one takes responsibility for punishing those who have done wrong. Instead each stage of the criminal justice system becomes solely an attempt to prevent future crime without consideration to past victims.

The ICC does not infringe upon national sovereignty because it only has jurisdiction if the national justice system is either ineffective or unable to prosecute the criminal.

National courts still have the responsibility and ability to prosecute their own criminals, and the ICC is only meant to be used as a last resort in case these national measures fail; there is no contradiction between the two.1 Sovereignty only exists if the state has internal control, and the ICC will only have jurisdiction in cases where the national justice system has proven that for some reason, it will not prosecute the criminal.

1 Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead." Human Rights Quarterly, Vol. 20 No. 2, May 1998, 413-428.

Although religions supported the anti-gay law, it is not solely a religious issue; the majority of Ugandans believe that homosexuality is contrary to their traditional values and all the anti-gay protests were inclusive regardless of religious denominations. It is therefore wrong to assert that the law was passed as a religious initiative. A separation of church and state does not mean the government should never run policies that the religious want simply that the government should not be favouring a particular religion.

There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jurors where they cannot be seen, and 3) by having higher penalties for jury tampering and intimidation. The second way is probably the most effective, and American courts have found that in cases where jury tampering poses a serious threat, it does not interfere with the defendant's right to a fair trial.1 1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

Past experience in Iraq and Afghanistan indicates that terrorism tends to flourish when states are weak. An Invasion of Sudan, especially if it had led to a collapse of the Sudanese state, would have create a vacuum terrorists could kill, especially when the very invasion would provide the resentment and motivation for thousands of jihadi volunteers to fight the Western “crusaders”

Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]

The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.

At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.

[1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013, http://www.independent.co.uk/news/world/africa/is-libya-too-scared-to-put-saif-gaddafi-on-trial-8771495.html

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Policy should not be dictated by religion

Article 7 of the Ugandan constitution is clear in its separation of church and state “Uganda shall not have a State religion.” The government must serve all its people equally regardless religious and cultural orientation. But this bill has been created with a religious motive. In his interview defending the anti-gay bill, MP David Bahati lamented, that God doesn’t accept homosexuality quoting a bible verse that the wages of sin is death[1]; as if the Ugandan parliament is filled with righteous souls! The constitution allows freedom of religion and prohibits the creation of political parties based on religion[2]. Laws and policies should therefore not base on bible verses as not everyone will share the same belief to such scriptures.

[1] Jack Mirkinson, ‘Rachel Maddow Interviews David Bahati, Author Of Ugandan 'Kill The Gays' Bill’, huffingtonpost.com, http://www.huffingtonpost.com/2010/12/09/rachel-maddow-bahati-uganda-gays_n_794271.html

[2] U.S. Department of State, ’Uganda’, state.gov, http://www.state.gov/documents/organization/171644.pdf

Although religions supported the anti-gay law, it is not solely a religious issue; the majority of Ugandans believe that homosexuality is contrary to their traditional values and all the anti-gay protests were inclusive regardless of religious denominations. It is therefore wrong to assert that the law was passed as a religious initiative. A separation of church and state does not mean the government should never run policies that the religious want simply that the government should not be favouring a particular religion.

Acting due to a change of government is not the prerogative of another state. Putin is within his rights not to recognise that government and to grant asylum to former president Yanukovych but not to take action within the Ukraine to change the situation.

The coup however was not a coup but an abdication. “Yanukovych has lost his legitimacy as he abdicated his responsibilities. As you know, he left Ukraine – or left Kyiv, and he has left a vacuum of leadership.” It was therefore Yanukovych who essentially decided that he was no longer in charge by leaving Kiev and not making any statements for several days. [1] Moreover the Ukrainian constitution (both 2004 and 2010 versions) gives the right to impeach the President to Parliament [2] this is what the Parliament has done.

[1] Psaki, Jen, ‘Daily Press Briefing’, U.S. Department of State, 28 February 2014

[2] Constitution of Ukraine, Article 85 (7 & 10), wikisource, 2004 , 2010

A politician who has to constantly concern himself with reelection has a much greater likelihood of being beholden to special interest groups and lobbyists than one who is term-limited so will actually engage in more corruption. While a term-limited legislator may suffer to a degree from lame duck status, the need to continuously seek electoral support is far more damaging to his ability to do what is right for the nation. Politicians who are not term-limited will spend more time doing what is popular than what is necessary. It is far better to have a representative who has only a limited time to enact the policies he envisions, so that he actively seeks to implement his vision, rather focusing on the short-term goal of reelection.

Far from being a unifying force the Schengen Area has already led to disagreements between individual countries. Italy and France were involved in a major political dispute after Italy abused the spirit, if not the terms, of the Schengen Agreement to offload thousands of North African migrants onto France. In April 2011, French police even went so far as to stop an Italian train carrying migrants and prevent it from crossing the border [1] . France took the rare decision to temporarily re-establish border controls, adding more than 300 police to patrols monitoring roads and foot trails that lead into French territory, along with inspecting rail traffic [2] . It issued instructions stating that an immigrant who wishes to cross the French border must “hold a valid travel document recognised by France” and a “valid residence document,” “show proof of having sufficient resources—that is, €31 per day if the person has accommodations, and €62 otherwise [3] . France’s unilateral decision to restore border controls and stretch the boundary of the Schengen Agreement underlines the extreme fragility of the legal basis of the European Union. Further, Romania was angry at attempts to exclude them from the Schengen area, a move led by France and Germany, after accessing to the EU and technically meeting all the border conditions for the passport-free zone, calling it “discrimination” [4] .

[1] ‘France and Italy push for reform of Schengen treaty’, BBC News, 26th April 2011, http://www.bbc.co.uk/news/world-europe-13189682

[2] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[3] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[4] Waterfield, Bruno, ‘Romania accuses France and Germany of discrimination over Schengen exclusion’, The Daily Telegraph, 22nd December 2010, http://www.telegraph.co.uk/news/worldnews/europe/romania/8219933/Romania...

The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html

The fact that the prison system is not designed to be punitive doesn’t mean it shouldn’t be. Retributive justice demands that criminals are punished. Prison should do that, and it should fit the crime, by having more than one category of punishment based on the offence. It is understandable that prison services themselves do not consider their task to be to punish; they claim that is done by the judge or jury that hands out the sentence. This however in effect means that no one takes responsibility for punishing those who have done wrong. Instead each stage of the criminal justice system becomes solely an attempt to prevent future crime without consideration to past victims.

The ICC does not infringe upon national sovereignty because it only has jurisdiction if the national justice system is either ineffective or unable to prosecute the criminal.

National courts still have the responsibility and ability to prosecute their own criminals, and the ICC is only meant to be used as a last resort in case these national measures fail; there is no contradiction between the two.1 Sovereignty only exists if the state has internal control, and the ICC will only have jurisdiction in cases where the national justice system has proven that for some reason, it will not prosecute the criminal.

1 Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead." Human Rights Quarterly, Vol. 20 No. 2, May 1998, 413-428.

There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jurors where they cannot be seen, and 3) by having higher penalties for jury tampering and intimidation. The second way is probably the most effective, and American courts have found that in cases where jury tampering poses a serious threat, it does not interfere with the defendant's right to a fair trial.1 1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

Past experience in Iraq and Afghanistan indicates that terrorism tends to flourish when states are weak. An Invasion of Sudan, especially if it had led to a collapse of the Sudanese state, would have create a vacuum terrorists could kill, especially when the very invasion would provide the resentment and motivation for thousands of jihadi volunteers to fight the Western “crusaders”

The AIVD example shows exactly that judicial and political control is not enough: the judicial control is control after the fact, so it didn’t prevent the AIVD from listening in to journalists conversations in the first place. Moreover, a regulatory committee judged that the Minister of Internal Affairs, who is supposed to be the a priori control, had given permission too easily, which is to be expected when a Minister faces a lot of requests like this, and has to decide in between the regular work of actually governing. [1] It is the lack of initial oversight which is anti-democratic, citizens expect their government and courts to prevent the intelligence agencies from infringing on privacy not simply demand an apology later when the intelligence agency is found out. How many more cases are there which are not caught?

[1] NIS News Bulletin, ‘Press Sector Sues State for Eavesdropping Telegraaf Journalists’ 9/07/2009 http://www.nisnews.nl/public/090709_1.htm

Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]

The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.

At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.

[1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013, http://www.independent.co.uk/news/world/africa/is-libya-too-scared-to-put-saif-gaddafi-on-trial-8771495.html

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The law is contrary to the constitution

Chapter 4 of the Ugandan constitution recognises fundamental rights and freedoms of the individual as inherent and not granted by the State. The constitution states; All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law; Without prejudice, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability[1]. It defines “discriminate" as giving different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.

The government has acted contrary to their own law, with President Museveni remarking that what homosexuals do is disgusting, un African and had no place in his country[2] and MP David Bahati, asserting that homosexuals do not deserve to be treated as humans. Breaching such a law while relying on such logical fallacies is a sign of how the government failed on human rights.

[1] DREDF, ‘The Constitution Of Uganda; Chapter 4, human rights and freedoms’, dredf.org, http://www.dredf.org/international/UgaConst.html

[2] Mark Duell & Leon Watson, 'Gay people are unnatural and disgusting', says Ugandan president as he signs bill punishing homosexual sex with life in jail’, dailymail.co.uk, 24 February 2014, http://www.dailymail.co.uk/news/article-2566425/Ugandas-president-sign-anti-gay-bill-Monday.html

In the same chapter, the constitution states that nothing within the article shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalance in society; or providing for any matter acceptable and demonstrably justified in a free and democratic society[1]. It is on this clause that most officials have based their support for the anti-gay law. The majority of Ugandans deem homosexuality immoral and unacceptable. There is therefore a democratic reason to enact such a law. The law is justified by democracy.

[1] DREDF, ‘The Constitution Of Uganda; Chapter 4, human rights and freedoms’, dredf.org, http://www.dredf.org/international/UgaConst.html

Acting due to a change of government is not the prerogative of another state. Putin is within his rights not to recognise that government and to grant asylum to former president Yanukovych but not to take action within the Ukraine to change the situation.

The coup however was not a coup but an abdication. “Yanukovych has lost his legitimacy as he abdicated his responsibilities. As you know, he left Ukraine – or left Kyiv, and he has left a vacuum of leadership.” It was therefore Yanukovych who essentially decided that he was no longer in charge by leaving Kiev and not making any statements for several days. [1] Moreover the Ukrainian constitution (both 2004 and 2010 versions) gives the right to impeach the President to Parliament [2] this is what the Parliament has done.

[1] Psaki, Jen, ‘Daily Press Briefing’, U.S. Department of State, 28 February 2014

[2] Constitution of Ukraine, Article 85 (7 & 10), wikisource, 2004 , 2010

A politician who has to constantly concern himself with reelection has a much greater likelihood of being beholden to special interest groups and lobbyists than one who is term-limited so will actually engage in more corruption. While a term-limited legislator may suffer to a degree from lame duck status, the need to continuously seek electoral support is far more damaging to his ability to do what is right for the nation. Politicians who are not term-limited will spend more time doing what is popular than what is necessary. It is far better to have a representative who has only a limited time to enact the policies he envisions, so that he actively seeks to implement his vision, rather focusing on the short-term goal of reelection.

Far from being a unifying force the Schengen Area has already led to disagreements between individual countries. Italy and France were involved in a major political dispute after Italy abused the spirit, if not the terms, of the Schengen Agreement to offload thousands of North African migrants onto France. In April 2011, French police even went so far as to stop an Italian train carrying migrants and prevent it from crossing the border [1] . France took the rare decision to temporarily re-establish border controls, adding more than 300 police to patrols monitoring roads and foot trails that lead into French territory, along with inspecting rail traffic [2] . It issued instructions stating that an immigrant who wishes to cross the French border must “hold a valid travel document recognised by France” and a “valid residence document,” “show proof of having sufficient resources—that is, €31 per day if the person has accommodations, and €62 otherwise [3] . France’s unilateral decision to restore border controls and stretch the boundary of the Schengen Agreement underlines the extreme fragility of the legal basis of the European Union. Further, Romania was angry at attempts to exclude them from the Schengen area, a move led by France and Germany, after accessing to the EU and technically meeting all the border conditions for the passport-free zone, calling it “discrimination” [4] .

[1] ‘France and Italy push for reform of Schengen treaty’, BBC News, 26th April 2011, http://www.bbc.co.uk/news/world-europe-13189682

[2] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[3] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[4] Waterfield, Bruno, ‘Romania accuses France and Germany of discrimination over Schengen exclusion’, The Daily Telegraph, 22nd December 2010, http://www.telegraph.co.uk/news/worldnews/europe/romania/8219933/Romania...

The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html

The fact that the prison system is not designed to be punitive doesn’t mean it shouldn’t be. Retributive justice demands that criminals are punished. Prison should do that, and it should fit the crime, by having more than one category of punishment based on the offence. It is understandable that prison services themselves do not consider their task to be to punish; they claim that is done by the judge or jury that hands out the sentence. This however in effect means that no one takes responsibility for punishing those who have done wrong. Instead each stage of the criminal justice system becomes solely an attempt to prevent future crime without consideration to past victims.

The ICC does not infringe upon national sovereignty because it only has jurisdiction if the national justice system is either ineffective or unable to prosecute the criminal.

National courts still have the responsibility and ability to prosecute their own criminals, and the ICC is only meant to be used as a last resort in case these national measures fail; there is no contradiction between the two.1 Sovereignty only exists if the state has internal control, and the ICC will only have jurisdiction in cases where the national justice system has proven that for some reason, it will not prosecute the criminal.

1 Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead." Human Rights Quarterly, Vol. 20 No. 2, May 1998, 413-428.

There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jurors where they cannot be seen, and 3) by having higher penalties for jury tampering and intimidation. The second way is probably the most effective, and American courts have found that in cases where jury tampering poses a serious threat, it does not interfere with the defendant's right to a fair trial.1 1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

Past experience in Iraq and Afghanistan indicates that terrorism tends to flourish when states are weak. An Invasion of Sudan, especially if it had led to a collapse of the Sudanese state, would have create a vacuum terrorists could kill, especially when the very invasion would provide the resentment and motivation for thousands of jihadi volunteers to fight the Western “crusaders”

The AIVD example shows exactly that judicial and political control is not enough: the judicial control is control after the fact, so it didn’t prevent the AIVD from listening in to journalists conversations in the first place. Moreover, a regulatory committee judged that the Minister of Internal Affairs, who is supposed to be the a priori control, had given permission too easily, which is to be expected when a Minister faces a lot of requests like this, and has to decide in between the regular work of actually governing. [1] It is the lack of initial oversight which is anti-democratic, citizens expect their government and courts to prevent the intelligence agencies from infringing on privacy not simply demand an apology later when the intelligence agency is found out. How many more cases are there which are not caught?

[1] NIS News Bulletin, ‘Press Sector Sues State for Eavesdropping Telegraaf Journalists’ 9/07/2009 http://www.nisnews.nl/public/090709_1.htm

Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]

The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.

At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.

[1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013, http://www.independent.co.uk/news/world/africa/is-libya-too-scared-to-put-saif-gaddafi-on-trial-8771495.html

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Marginalising the minority

Human rights are fundamental and universal. They do not only apply to a certain group of people and invalid to another such as homosexuals. Criminalising homosexuality in Uganda considers all in the LGBT minority to be worse than second class citizens. Making them almost automatically criminal renders homosexuals sub human depriving them of their identity as Ugandans. The government has a responsibility to protect every citizen but in this case the Ugandan government has taken the first step in rejecting and mistreating its own people.

The new law infringes on fundamental rights to privacy, non-discrimination, equality and freedom from cruelty and inhumane treatment[1]. Even before the bill was introduced the government prevented there being room for LGBT activists to explain their cause showing their lack of freedom of expression. This and rights such as equality are universal and fundamental rights that the government of Uganda has on numerous occasions signed up for in the Universal Declaration of Human Rights and the African Charter on Human and Peoples Rights among other documents.[2]

[1] Reuters, ‘Uganda's Anti-Gay Law Prompts Court Petition’, huffingtonpost.com, 11 March 2014, http://www.huffingtonpost.com/2014/03/11/uganda-gay-bill-petition-_n_4940664.html

[2] Organisation of Africa Unity, ‘African Charter on Human and Peoples’ Rights’, achpr.org, http://www.achpr.org/instruments/achpr/#a2

Homosexuality has been illegal in Uganda since colonialism. It was signed into law and amended in Uganda’s constitution but did not change after independence. The blame should therefore go to the British not Ugandan government. If it is a violation of human rights then it is a violation that has been occurring for decades. The long term effect has been that Ugandans now are agreed that LGBT people are not a minority but criminals who deserve punishment.

Acting due to a change of government is not the prerogative of another state. Putin is within his rights not to recognise that government and to grant asylum to former president Yanukovych but not to take action within the Ukraine to change the situation.

The coup however was not a coup but an abdication. “Yanukovych has lost his legitimacy as he abdicated his responsibilities. As you know, he left Ukraine – or left Kyiv, and he has left a vacuum of leadership.” It was therefore Yanukovych who essentially decided that he was no longer in charge by leaving Kiev and not making any statements for several days. [1] Moreover the Ukrainian constitution (both 2004 and 2010 versions) gives the right to impeach the President to Parliament [2] this is what the Parliament has done.

[1] Psaki, Jen, ‘Daily Press Briefing’, U.S. Department of State, 28 February 2014

[2] Constitution of Ukraine, Article 85 (7 & 10), wikisource, 2004 , 2010

A politician who has to constantly concern himself with reelection has a much greater likelihood of being beholden to special interest groups and lobbyists than one who is term-limited so will actually engage in more corruption. While a term-limited legislator may suffer to a degree from lame duck status, the need to continuously seek electoral support is far more damaging to his ability to do what is right for the nation. Politicians who are not term-limited will spend more time doing what is popular than what is necessary. It is far better to have a representative who has only a limited time to enact the policies he envisions, so that he actively seeks to implement his vision, rather focusing on the short-term goal of reelection.

Far from being a unifying force the Schengen Area has already led to disagreements between individual countries. Italy and France were involved in a major political dispute after Italy abused the spirit, if not the terms, of the Schengen Agreement to offload thousands of North African migrants onto France. In April 2011, French police even went so far as to stop an Italian train carrying migrants and prevent it from crossing the border [1] . France took the rare decision to temporarily re-establish border controls, adding more than 300 police to patrols monitoring roads and foot trails that lead into French territory, along with inspecting rail traffic [2] . It issued instructions stating that an immigrant who wishes to cross the French border must “hold a valid travel document recognised by France” and a “valid residence document,” “show proof of having sufficient resources—that is, €31 per day if the person has accommodations, and €62 otherwise [3] . France’s unilateral decision to restore border controls and stretch the boundary of the Schengen Agreement underlines the extreme fragility of the legal basis of the European Union. Further, Romania was angry at attempts to exclude them from the Schengen area, a move led by France and Germany, after accessing to the EU and technically meeting all the border conditions for the passport-free zone, calling it “discrimination” [4] .

[1] ‘France and Italy push for reform of Schengen treaty’, BBC News, 26th April 2011, http://www.bbc.co.uk/news/world-europe-13189682

[2] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[3] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[4] Waterfield, Bruno, ‘Romania accuses France and Germany of discrimination over Schengen exclusion’, The Daily Telegraph, 22nd December 2010, http://www.telegraph.co.uk/news/worldnews/europe/romania/8219933/Romania...

The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html

The fact that the prison system is not designed to be punitive doesn’t mean it shouldn’t be. Retributive justice demands that criminals are punished. Prison should do that, and it should fit the crime, by having more than one category of punishment based on the offence. It is understandable that prison services themselves do not consider their task to be to punish; they claim that is done by the judge or jury that hands out the sentence. This however in effect means that no one takes responsibility for punishing those who have done wrong. Instead each stage of the criminal justice system becomes solely an attempt to prevent future crime without consideration to past victims.

The ICC does not infringe upon national sovereignty because it only has jurisdiction if the national justice system is either ineffective or unable to prosecute the criminal.

National courts still have the responsibility and ability to prosecute their own criminals, and the ICC is only meant to be used as a last resort in case these national measures fail; there is no contradiction between the two.1 Sovereignty only exists if the state has internal control, and the ICC will only have jurisdiction in cases where the national justice system has proven that for some reason, it will not prosecute the criminal.

1 Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead." Human Rights Quarterly, Vol. 20 No. 2, May 1998, 413-428.

There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jurors where they cannot be seen, and 3) by having higher penalties for jury tampering and intimidation. The second way is probably the most effective, and American courts have found that in cases where jury tampering poses a serious threat, it does not interfere with the defendant's right to a fair trial.1 1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

Past experience in Iraq and Afghanistan indicates that terrorism tends to flourish when states are weak. An Invasion of Sudan, especially if it had led to a collapse of the Sudanese state, would have create a vacuum terrorists could kill, especially when the very invasion would provide the resentment and motivation for thousands of jihadi volunteers to fight the Western “crusaders”

The AIVD example shows exactly that judicial and political control is not enough: the judicial control is control after the fact, so it didn’t prevent the AIVD from listening in to journalists conversations in the first place. Moreover, a regulatory committee judged that the Minister of Internal Affairs, who is supposed to be the a priori control, had given permission too easily, which is to be expected when a Minister faces a lot of requests like this, and has to decide in between the regular work of actually governing. [1] It is the lack of initial oversight which is anti-democratic, citizens expect their government and courts to prevent the intelligence agencies from infringing on privacy not simply demand an apology later when the intelligence agency is found out. How many more cases are there which are not caught?

[1] NIS News Bulletin, ‘Press Sector Sues State for Eavesdropping Telegraaf Journalists’ 9/07/2009 http://www.nisnews.nl/public/090709_1.htm

Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]

The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.

At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.

[1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013, http://www.independent.co.uk/news/world/africa/is-libya-too-scared-to-put-saif-gaddafi-on-trial-8771495.html

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Traditional and religious beliefs

More than 90% of Uganda’s population believe that homosexuality is not part of their culture and should never be accepted[1], its seen as indecency, criminality and a taboo in the community. This is something the government did not invent and not something it can simply wash out of society. Shelving the bill would not suddenly create tolerance from Ugandan society towards the gay community but instead would isolate and impose a threat to the LGBT community.

Others would have tried to create laws anti-gay laws. This ‘kill the Gays bill’ was originally intended to include the death penalty for some homosexual acts such as when one of the participants is a minor, HIV-positive, disabled or a "serial offender".[2] The bill is therefore considerably better than what the alternative could have been – the government has done its duty and moderated it. Any wider change to the culture of the country is not the duty of the government.

[1] Patience Akumu, ‘It pains me to live in a country, Uganda, that hates gay people and 'indecent' women’, thegurdian.com, 22 December 2013, http://www.theguardian.com/commentisfree/2013/dec/22/uganda-gay-laws-target-gays-women

[2] BBC News, ‘Uganda Anti-Homosexuality Bill: MPs drop death penalty’, 23 November 2012, http://www.bbc.co.uk/news/world-africa-20463887

The government is an impartial and independent body which should not be led by tradition but lead tradition instead. Governments don’t just exist to let events flow but to lead, to create policy, and shape events. If government never takes a lead then it would cease to exist as another leader would take its place. Under Uganda’s constitution, religions should be registered and accredited by the government and should adhere to law and government policies. The constitution recognises equality for all so the government should be encouraging a belief and tradition of such equality[1]. It is therefore wrong to argue that on a particular policy, tradition had to lead.

[1] Parliament of Uganda, ‘CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995’, parliament.go.ug, http://www.parliament.go.ug/new/images/stories/constitution/Constitution_of_Uganda_1995.pdf

Acting due to a change of government is not the prerogative of another state. Putin is within his rights not to recognise that government and to grant asylum to former president Yanukovych but not to take action within the Ukraine to change the situation.

The coup however was not a coup but an abdication. “Yanukovych has lost his legitimacy as he abdicated his responsibilities. As you know, he left Ukraine – or left Kyiv, and he has left a vacuum of leadership.” It was therefore Yanukovych who essentially decided that he was no longer in charge by leaving Kiev and not making any statements for several days. [1] Moreover the Ukrainian constitution (both 2004 and 2010 versions) gives the right to impeach the President to Parliament [2] this is what the Parliament has done.

[1] Psaki, Jen, ‘Daily Press Briefing’, U.S. Department of State, 28 February 2014

[2] Constitution of Ukraine, Article 85 (7 & 10), wikisource, 2004 , 2010

A politician who has to constantly concern himself with reelection has a much greater likelihood of being beholden to special interest groups and lobbyists than one who is term-limited so will actually engage in more corruption. While a term-limited legislator may suffer to a degree from lame duck status, the need to continuously seek electoral support is far more damaging to his ability to do what is right for the nation. Politicians who are not term-limited will spend more time doing what is popular than what is necessary. It is far better to have a representative who has only a limited time to enact the policies he envisions, so that he actively seeks to implement his vision, rather focusing on the short-term goal of reelection.

Far from being a unifying force the Schengen Area has already led to disagreements between individual countries. Italy and France were involved in a major political dispute after Italy abused the spirit, if not the terms, of the Schengen Agreement to offload thousands of North African migrants onto France. In April 2011, French police even went so far as to stop an Italian train carrying migrants and prevent it from crossing the border [1] . France took the rare decision to temporarily re-establish border controls, adding more than 300 police to patrols monitoring roads and foot trails that lead into French territory, along with inspecting rail traffic [2] . It issued instructions stating that an immigrant who wishes to cross the French border must “hold a valid travel document recognised by France” and a “valid residence document,” “show proof of having sufficient resources—that is, €31 per day if the person has accommodations, and €62 otherwise [3] . France’s unilateral decision to restore border controls and stretch the boundary of the Schengen Agreement underlines the extreme fragility of the legal basis of the European Union. Further, Romania was angry at attempts to exclude them from the Schengen area, a move led by France and Germany, after accessing to the EU and technically meeting all the border conditions for the passport-free zone, calling it “discrimination” [4] .

[1] ‘France and Italy push for reform of Schengen treaty’, BBC News, 26th April 2011, http://www.bbc.co.uk/news/world-europe-13189682

[2] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[3] Ira, Kumaran, ‘France re-establishes border controls with Italy amid dispute over African migrants’, World Socialist Website, 11th April 2011, http://www.wsws.org/articles/2011/apr2011/fran-a11.shtml

[4] Waterfield, Bruno, ‘Romania accuses France and Germany of discrimination over Schengen exclusion’, The Daily Telegraph, 22nd December 2010, http://www.telegraph.co.uk/news/worldnews/europe/romania/8219933/Romania...

The inalienable rights of refugees are not negotiable, nor are they subject to the interests of the state which they would be returning to. International law considers agreements between an occupier and the occupied to be null and void if they deprive civilians of recognized human rights including the rights to repatriation and restitution. [1] Therefore the interests of the state of Israel are not legitimate reasons to deny the right of return which is owed to Palestinian refugees. Moreover, the right of return is feasible in Israel due to the availability of empty land. 80% of Israelis live in 15 percent of the land and that the remaining 20% live on 85% of the land that belongs to the refugees. Further, of the 20%, 18% live in Palestinian cities while the remaining 2% live in kibbutzim and moshavs. By contrast, more than 6,000 refugees live per square kilometer in the Gaza Strip, while over the barbed wire their lands are practically empty. [2]

[1] Al-Awda - The Palestinian Right of Return Coalition. "Factsheet". Al-Awda - The Palestinian Right of Return Coalition. http://www.al-awda.org/facts.html

[2] Sakhnini, Nizar. "Dispossession and Ethnic Cleansing." Al-Awda - The Palestinian Right of Return Coalition. 12 July 2004. http://www.al-awda.org/zionists01.html

The fact that the prison system is not designed to be punitive doesn’t mean it shouldn’t be. Retributive justice demands that criminals are punished. Prison should do that, and it should fit the crime, by having more than one category of punishment based on the offence. It is understandable that prison services themselves do not consider their task to be to punish; they claim that is done by the judge or jury that hands out the sentence. This however in effect means that no one takes responsibility for punishing those who have done wrong. Instead each stage of the criminal justice system becomes solely an attempt to prevent future crime without consideration to past victims.

The ICC does not infringe upon national sovereignty because it only has jurisdiction if the national justice system is either ineffective or unable to prosecute the criminal.

National courts still have the responsibility and ability to prosecute their own criminals, and the ICC is only meant to be used as a last resort in case these national measures fail; there is no contradiction between the two.1 Sovereignty only exists if the state has internal control, and the ICC will only have jurisdiction in cases where the national justice system has proven that for some reason, it will not prosecute the criminal.

1 Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead." Human Rights Quarterly, Vol. 20 No. 2, May 1998, 413-428.

There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jurors where they cannot be seen, and 3) by having higher penalties for jury tampering and intimidation. The second way is probably the most effective, and American courts have found that in cases where jury tampering poses a serious threat, it does not interfere with the defendant's right to a fair trial.1 1Laura K. Donohue, "Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law"

Past experience in Iraq and Afghanistan indicates that terrorism tends to flourish when states are weak. An Invasion of Sudan, especially if it had led to a collapse of the Sudanese state, would have create a vacuum terrorists could kill, especially when the very invasion would provide the resentment and motivation for thousands of jihadi volunteers to fight the Western “crusaders”

The AIVD example shows exactly that judicial and political control is not enough: the judicial control is control after the fact, so it didn’t prevent the AIVD from listening in to journalists conversations in the first place. Moreover, a regulatory committee judged that the Minister of Internal Affairs, who is supposed to be the a priori control, had given permission too easily, which is to be expected when a Minister faces a lot of requests like this, and has to decide in between the regular work of actually governing. [1] It is the lack of initial oversight which is anti-democratic, citizens expect their government and courts to prevent the intelligence agencies from infringing on privacy not simply demand an apology later when the intelligence agency is found out. How many more cases are there which are not caught?

[1] NIS News Bulletin, ‘Press Sector Sues State for Eavesdropping Telegraaf Journalists’ 9/07/2009 http://www.nisnews.nl/public/090709_1.htm

Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]

The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.

At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.

[1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013, http://www.independent.co.uk/news/world/africa/is-libya-too-scared-to-put-saif-gaddafi-on-trial-8771495.html

Instruction: Given a claim, retrieve documents that refute the claim