Question:
Intercept evidence deals particularly well with cases of conspiracy and criminal gangs which have a widespread network.

Intercept evidence can be very useful for showing associations between groups of people [1] , which can be incredibly helpful in cases such as conspiracies to link people and events together. It can also expose inconsistencies or falsity in an individual’s alibi [2] or personal character if they deny contact with a certain party where intercept evidence proves that they had communicated [3] . However, under the status quo the defence lawyer may not be authorised to intercept evidence which would prove their client’s innocence [4] . Allowing such techniques would help to equalise the prosecution and defence; after all, the aim of court is not to blindly prosecute the defendant, but to ascertain whether he or she is in fact guilty before any prosecution occurs. Widening the array of tools which can be used by both prosecution and defence helps to encourage a wider view of the case and arrive at a more accurate verdict.

[1] http://online.wsj.com/article/SB10001424052748704889404576277341101995436.html , accessed 30/08/11

[2] http://www.totalcriminaldefense.com/news/articles/criminal-evidence/wiretap-legality.aspx , accessed 30/08/11

[3] http://www.totalcriminaldefense.com/news/articles/criminal-evidence/wiretap-legality.aspx , accessed 30/08/11

[4] http://chicagoist.com/2011/04/14/blagojevich_live_presser.php , accessed 30/08/11

While intercept evidence may well show links between people, it does not necessarily accurately show what they were doing. In this way, intercepts make good intelligence, but poor evidence. There is no guarantee that intercept evidence will ‘prove’ anything in court rather than simply creating unfounded implications which could actually serve to confuse, rather than clear, the case in question. Until intercept intelligence can prove itself reliable enough to be routinely used as genuine evidence – and it is unclear that it ever will [1] – it certainly should not become an established part of the wider legal system.

[1] http://www.lrb.co.uk/v27/n06/conor-gearty/short-cuts , accessed 30/08/11

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
Wiretapping can actually threaten the success of intelligence services in preventing crime and helping to prove criminals guilty.

Regular use of wiretap and intercept evidence poses a danger to the evidence-gathering capabilities of intelligence agencies. There are concerns among experts that terrorists, far from being apprehended, will simply learn new techniques for ‘listening in to calls made over the internet’ [1] and know exactly who and what the intelligence services are monitoring. In this way, they could actually evade intelligence services and the police by using different forms of communication, such as encrypting messages or using disposable mobile phones. Revealing the capabilities of our intelligence agencies could create harms which far outweigh any potential benefits of intercept evidence [2] . This makes intercept evidence self-negating; if it is used, the very revelation of its use will alert criminals to it and make it vulnerable to manipulation and tampering – therefore, the evidence actually becomes less reliable and less effective [3] . Ultimately, it does not provide a tangible benefit.

[1] http://www.timesonline.co.uk/tol/news/politics/article2806756.ece , accessed 30/08/11

[2] http://www.timesonline.co.uk/tol/news/politics/article2806756.ece , accessed 30/08/11

[3] http://www.timesonline.co.uk/tol/news/politics/article2806756.ece , accessed 30/08/11

This argument is made irrelevant by the fact that the UK and other jurisdictions have rules of evidence which prevent the release of sensitive information from intelligence services [1] . There is no reason why playing a few minutes of recorded conversation in a courtroom automatically means that criminals and terrorists know the exact mechanisms used to record that information. Furthermore, if a trial is being held anyway, then the suspects involved already know that they have been monitored by intelligence services – otherwise they would not have been brought to trial. Similarly, high-risk terrorist cells already protect their communication by using things like encrypted messages [2] and disposable mobile phones [3] . Dangerous criminals and terrorists are already one step ahead of our current justice system; implementing this motion is the only way to have a genuine chance at apprehending them.

[1] The Official Secrets Act of 1989: https://www.sis.gov.uk/glossary.html , accessed 30/08/11

[2] http://www.usatoday.com/tech/news/2001-02-05-binladen.htm , accessed 30/08/11

[3] http://abcnews.go.com/WNT/Investigation/story?id=1499905 , accessed 30/08/11

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
Common authorisation for wiretapping would result in misallocation of resources.

Wiretaps are not only unreliable, but incredibly expensive [1] [2] . Intelligence agents also often find themselves inadvertently listening in on ‘irrelevant, non-incriminating aspects of the target’s life’ [3] which not only breaches the privacy of innocent people but is an obvious waste of time and money for all involved. Given that many countries are considering or have cut their funding for police forces because of the recession [4] [5] [6] , this money could be put to a better use: preventing crime and terrorist activity by a stronger police presence.

[1] http://www.tscm.com/wiretaprobin.html , accessed 30/08/11

[2] http://www.wired.com/threatlevel/2008/03/fbis-500-millio/ , accessed 30/08/11

[3] http://cdt.org/wiretap/wiretap_overview.html , accessed 30/08/11

[4] In the UK: http://www.guardian.co.uk/politics/2011/aug/11/nick-clegg-police-funding-cuts-riots , accessed 30/08/11

[5] In the USA: http://www.businessinsider.com/newark-carjackings-2011-1 , accessed 30/08/11

[6] In New Zealand: http://www.scoop.co.nz/stories/PA1104/S00010/cuts-to-police-budget-endanger-progress.htm , accessed 30/08/11

If wiretapping and intercept evidence can stop large-scale conspiracies [1] and potentially stop terrorist actions [2] , as it has done and has the potential to do, then price becomes irrelevant. The price of preventing perhaps hundred of people from being harmed in terrorist action should and will always outweigh a financial argument. Wiretapping could in fact lift the burden on over-stretched police forces as they do not have to physically apprehend criminals to attain evidence of their guilt. Wiretapping and intercept evidence is a step towards greater efficiency in our justice system.

[1] http://www.guardian.co.uk/uk/2002/sep/08/ukcrime1 ,, accessed 30/08/11

[2] www.parliament.uk/briefing-papers/SN05249.pdf , accessed 30/08/11

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
The controversy which surrounds intercept evidence is far-reaching and very complex.

This debate is not contained within the courtroom but also spans wider principles of legal justice and the rules which uphold democratic law. Even countries which currently allow this evidence, such as certain US states [1] , have noted that it can be difficult to use successfully and without violating past Acts and wider legal principles [2] . Bodies such as MI5, MI6 and GCHQ argue that revealing the ‘evidence’ necessitates revealing how that evidence was garnered; as such, intercept evidence can compromise the security status of intelligence services and their techniques [3] . This kind of method should be reserved, if used at all, for singular, extreme cases such as terrorist activity where all other possibilities for collecting evidence have truly been exhausted. Finally, wiretapping and intercept evidence has been criticised or deemed illegitimate by many legal professionals [4] [5] . For this kind of evidence to be admissible in court, it needs to follow legal principles which have already been set up. There is little evidence that it can do so.

[1] http://papers.ssrn.com/sol3/papers.cfm?abstract_id=416586 , accessed 30/08/11

[2] http://caselaw.lp.findlaw.com/data/constitution/amendment04/05.html , accessed 30/08/11

[3] http://www.guardian.co.uk/politics/2008/feb/06/uk.ukcrime , accessed 30/08/11

[4] http://www.washingtonpost.com/wp-dyn/content/article/2006/08/17/AR2006081700650.html , accessed 30/08/11

[5] http://www.msnbc.msn.com/id/14393611/ns/us_news-security/t/feds-appeal-ruling-against-wiretap-program/ , accessed 30/08/11

As criminals and terrorists adapt to modern times, so should the law. If the principles of law are responsible for a failure to act which ultimately leads to criminals walking free and crimes being repeatedly committed, then the law has failed to serve the society it was built for [1] . The principles of law are meant to uphold justice [2] , but in this case they become an obstacle to it. Considering that the law in countries like Britain has already acknowledged intercept evidence as a tool in specific cases [3] , it cannot oppose the underlying principle of intercept evidence – rather, the practicalities. This undermines the opposition’s argument that intercept evidence is fundamentally out of joint with legal practice. Problematic practicalities will be better regulated [4] [5] and monitored if this motion is granted, but until then we risk allowing crime to go unhindered because of an imaginary obligation to the past.

[1] http://sixthsense.osfc.ac.uk/citizenship/distinction_crim_civil/distinction_crim_civil.asp , accessed 30/08/11

[2] http://www.gsdrc.org/go/display&type=Document&id=4054 , accessed 30/08/11

[3] http://www.telegraph.co.uk/technology/news/8437978/BT-and-Phorm-escape-prosecution-for-secret-wiretaps.html ,, accessed 30/08/11

[4] Regulations in American states: http://books.google.co.uk/books?id=jLnBeSbJiCUC&pg=PA542&lpg=PA542&dq=regulation+of+wiretapping&source=bl&ots=rvb5mnIUm0&sig=2vJFtD1c_ZN1F6P6FIfw-SuFmAs&hl=en&ei=Ru5cToXnI5DA8QPC0IjTAw&sa=X&oi=book_result&ct=result&resnum=5&ved=0CCsQ6AEwBDgK#v=onepage&q=regulation%20of%20wiretapping&f=false , accessed 30/08/11

[5] Regulation of wiretapping in Australia: http://www.caslon.com.au/privacyguide3.htm , accessed 30/08/11

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
Intercept evidence is simply not reliable enough to be effective evidence in court.

Wiretap evidence is not as reliable as other forms of evidence which we currently have at our disposal, such as DNA evidence which has ‘sent thousands of people to prison and . . . has played a vital role in exonerating men who were falsely convicted’ [1] . Many potential aspects of intercept evidence lack this reliability. Voice analysis, for example, has been shown to be unreliable in exploring messages supposedly spoken by Osama Bin Laden [2] . Video intercept evidence notably failed when a video which purported to show Morgan Tsvangirai (the Zimbabwean opposition leader) conspiring against the government, when in fact he was somewhere else at the time [3] . The poor quality of intercept evidence is a threat within an individual trial, but also more widely; reliance on intercept evidence by prosecutors might lead to more cases collapsing after the evidence is proved unreliable, and wasting time and money for all involved.

[1] http://www.bioforensics.com/articles/champion1/champion1.html , accessed 30/08/11

[2] http://www.cbsnews.com/stories/2002/11/13/tech/main529273.shtml , accessed 30/08/11

[3] http://www.swradioafrica.com/Documents/TheStateversusMorganTsvangirai.htm , accessed 30/08/11

More established forms of evidence – even those as sophisticated as DNA testing – also have their weaknesses. Following the death of British student Meredith Kercher, her supposed killer Amanda Knox was imprisoned after DNA evidence proved that Knox’s DNA was found on the handle of the murder weapon (a kitchen knife) while Meredith’s blood was on the blade [1] . However, an appeal has declared that the DNA evidence ‘was so small it should have been considered “inadmissible”’ [2] , and the original forensic team have been branded as incompetent [3] . This is an example of an extremely high-profile case which hinged a conviction on the use of ‘reliable’ DNA evidence, and may potentially be proved wrong – the appeal is currently ongoing. There is no evidence which is utterly, 100% certain; it is always open to interpretation. However, allowing intercept evidence in court gives another chance at finding out the truth. Given that intercept evidence would work in combination with expert cross-examination, there is no proof that intercept evidence cannot be as effective as any other form of evidence – or perhaps even more so.

[1] http://news.sky.com/home/article/16040314 , accessed 30/08/11

[2] http://news.sky.com/home/article/16040314 , accessed 30/08/11

[3] http://news.sky.com/home/article/16040314 , accessed 30/08/11

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
Jail prevents continued harassment

Part of the point of time detained in jail is to prevent the offender from reoffending while inside. Being in jail prevents the offender from continuing to engage in cyberbullying by denying unsupervised access to the internet or telephones. It is the most reliable way to prevent reoffending for the duration of the sentence.

Prison is the harshest possible way to prevent the offender from continuing to bully. As the crimes were committed online the offender can be cut off from the internet, or simply banned from the sites where he was committing the offence.

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
Prison is punishment

While rehabilitation and prevention are important parts of sentencing there also needs to be punishment. There being a punishment, is necessary to ensure there is a deterrence to prevent the offender reoffending, and to prevent others carrying out the same crime. This applies equally to young offenders as to older criminals.

Punishment does not have to be the complete loss of freedom that is prison. The loss of freedom as punishment should be interpreted more broadly than not being able to move from a particular location. Losing the freedom to use the internet or social networks can be as much punishment when these are activities that the offender enjoys.

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
Cyberbullying ruins lives just like any other bullying; age of the culprit does not matter

Punishment must fit the crime. Cyberbullying by a young person can be just as damaging to a victim as a similar crime by someone older. As a result should be equally punished. When cyberbullying has ruined someone’s life, and possibly led them to commit suicide, there were 9 teenage suicides as a result of bullying on Ask.fm in 2012 alone, [1] then not only the victims but their loved ones lives have been ruined as a result of the offender’s actions. Such a consequence deserves jail time to pay for the actions.

[1] Broderick, Ryan, ‘9 Teenage Suicides In The Last Year Were Linked To Cyber-Bullying On Social Network Ask.fm’, BuzzFeedNews, 11 September 2013, http://www.buzzfeed.com/ryanhatesthis/a-ninth-teenager-since-last-september-has-committed-suicide#.hmzj8JNV3W

Sentencing a criminal should not just be about punishing them for the magnitude of the result of the crime. Instead it should be about reformation and reintegrating the offender so that they can continue their life in future without engaging in any crime. While cyberbullies bear much responsibility for what they have done when the victim commits suicide it was not a direct action by the offender.

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
Should not damage a normal childhood with jail

Putting young offenders in jail does not work, it increases not decreases crime. Going to jail makes children more likely to offend again with young offenders 67% more likely to be in jail again by 25 than those young offenders who did not go to prison. At the same time they are 13 percentage points less likely to finish high school. [1] These statistics shows the damage that jail has on a young life; instead of completing high school and eventually getting a job jail usually means those who have spent time before continue on a self destructive criminal path.

[1] Beauchamp, Zack, ‘Study: Throwing Kids in Jail Makes Crime Worse, Ruins Lives’, ThinkProgress, 17 June 2013, http://thinkprogress.org/justice/2013/06/17/2166481/study-throwing-kids-in-jail-makes-crime-worse-ruins-lives/

The key here is to provide the educational opportunities and care inside a young offenders’ institute that they would be engaging in outside. This will allow learning and development to continue as normal while still providing punishment. The UK has from 2014 been increasing learning to 24 hours a week [1] – very close to what many British secondary schools provide.

[1] Fazaeli, Toni, ‘Securing education for young offenders – learning first, detention second’, FE Week, 24 January 2014, http://feweek.co.uk/2014/01/24/securing-education-for-young-offenders-learning-first-detention-second/

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
Children should not be sent to jail

Children under 18 should not be sent to jail. Children are considered less responsible for their crimes and the age of criminal responsibility is arbitrary with some countries having much higher ages than others; in the UK it is 10 however in some such as many Latin American countries it is as high as 18. [1] Children are often not able to understand the full damage of their actions or why it is wrong. This is not something that comes at a set age but is a slow change. As such children at younger ages should not be punished to the same extent as adults.

[1] ‘Defense of infancy’, Wikipedia, checked 29 April 2016, https://en.wikipedia.org/wiki/Defense_of_infancy

Many children under the age of 18 both know the consequences of their actions and know that bullying, whether on or offline, is wrong. We cannot simply let these people get away with little punishment simply because they are under 18. If they have a lower mental age then there is already the possibility of the defence pleading diminished responsibility.

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
There are other options besides jail

Jail or time in a Young offenders institute is an extreme reaction to a problem that can be solved by other measures. As an online crime the offender could be denied access to the internet or a mobile for a set period. Cutting off access would not only physically prevent reoffending but would have a similar ‘denial of liberty’ to jail. There have been suggestions that there should be internet ASBOs (Anti Social Behaviour Orders) to block people from particular sites in response to racism online, this would be similar. [1] Any other option would be cheaper than prison which costs on average £38,000 per prisoner per year in the UK. [2]

[1] Syal, Rajeev, ‘Punish hate crime on social media with internet asbos, say MPs’, The Guardian, 9 February 2015, http://www.theguardian.com/society/2015/feb/09/hate-crime-social-media-internet-asbos

[2] Ruskin, John, ‘Why has prison emerged as a prominent form of punishment for most crime and what are its functions in relation to wider society?’, Internet Journal of Criminology, 2011, http://www.internetjournalofcriminology.com/Taylor_Prison_and_its_Functions_IJC_August_2011.pdf , p.3

The other options are much less likely to be effective at stopping the bullying from taking place than jail time. 58% of ASBOs handed out between 2000 and 2013 were breached. 43% were breached more than once. [1]

[1] Home Office, ‘Anti-social behaviour order statistics: England and Wales 2013 key findings’, gov.uk, 18 September 2014, https://www.gov.uk/government/publications/anti-social-behaviour-order-statistics-england-and-wales-2013/anti-social-behaviour-order-statistics-england-and-wales-2013-key-findings#asbos-breached

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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


Question:
Mandatory minimum sentences increase deterrence.

Deterrence works through several mechanisms; likelihood of getting caught, severity of punishment, and perceived public disapproval. Mandatory minimum sentences increase the effectiveness of severity as a deterrent. If potential criminals know a mild sentence is possible, they are more likely to commit crime in the hopes that they may charm a judge into sympathetically lowering their sentence. By establishing a set minimum punishment, a potential criminal with any knowledge of the penal code knows that, if caught, he/she will face a substantial punishment for his/her crime. The pro need not demonstrate that every, or even a strong majority, of would-be criminals will be deterred by mandatory minimum sentences; so long as the mandate has a reasonable deterrent effect, it will reduce crime and therefore improve the overall standard of living.

Minimum sentences have only a theoretical impact on crime rates; in reality they make no difference. The pro makes two major assumptions; first, that criminals have reasonably accurate perceptions of the legal code. Second, the pro assumes that harsh penalties have a psychological impact on potential criminals. Interviews with convicted felons found that a mere 22% even thought they knew what the punishment would be. Another 18% did not know at all, and more than a third reported that they had not thought about punishment at all at the time of the crime. [1] Thus minimum sentences are not sufficiently well publicized to have a significant deterrent effect. Furthermore, substantial evidence demonstrates that additional severity has a relatively small deterrent effect. Criminals respond much more to the chance of getting caught rather than the consequences that occur if they get caught; if a criminal’s chance of getting caught is 10%, the deterrent effect is virtually zero. [2] Thus mandatory sentences do not have a substantial deterrent effect.

[1] Bruce Western, Punishment and Inequality in America, Russell Sage Foundation, NY, 2006, 178.

[2] Western, 179.

Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1]

The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring.

[1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996.

An international norm is being breached one way or the other the only question is which one is to be breached. Those in favour of intervention consider that lives saved is worthwhile compared to the problems the breach of a norm against humanitarian intervention might create. All of these norms are there with the intention of saving lives; that is what a norm of preventing any infringement of sovereignty without UN approval is supposed to prevent – conflict and the lives lost this causes. But Internal conflict and genocide has since become much more the problem than aggression between states requiring a rebalancing of which norms are kept.

After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions.

A just state regularly abrogates people's rights when they intrude upon the rights of others. By sentencing people to prison, for instance, the state takes away rights to movement, association, and property rights from convicted criminals. The right to life should be no different. When you commit certain heinous crimes, you forgo your right to life. This does not devalue life, but rather affirms the value of the innocent life taken by the criminal. Certain crimes are so heinous that the only proportionate sentence is execution. As for the executioners themselves, there are methods of execution that involve multiple executioners which might reduce the associated psychological burdens. At any rate, no one is forced to become an executioner, and people who choose to take on that role do so with full awareness of the risks involved.

The ICC has itself said that “No country in the world has a right to ask the ICC to prosecute certain people” and highlighted that even after ratification “only the court’s prosecutor can decide whether there is sufficient ground for conducting an investigation”. Once ratified Ukraine may ask, but the ICC is not bound to prosecute him because of the request. [1]

[1] ITAR-TASS, ‘Ukraine not able to prosecute Yanukovych through International Criminal Court’, en.itar-tass.com, 26 February 2014, http://en.itar-tass.com/world/720981

Independent nations are capable of trying war crimes themselves.

The ICC is an unnecessary intrusion on national sovereignty. It should be up to each state to determine its own legal system as to how criminal matters should be prosecuted.

The principle of complementarity is no guarantee as it is up to the ICC itself to determine if the state is unable or unwilling, meaning it could take over a case for its own ends.

The fact that Spain never formally renounced sovereignty is irrelevant – when Britain asserted its territorial claim Spain acquiesced.

Additionally if Spain’s claim did not lapse when it evacuated its colony then surely neither did Britain’s. Nor is it obvious that Argentina should have inherited the Spanish claim to the Falklands – they lie 250 miles off the coast of mainland South America.

Britain was of course not going to immediately contest the 1816 claim as she did not yet recognise Argentina so far as Britain was concern the Argentines were not sovereign and did not have sovereignty over any of their territory – at the time the UK recognised Spanish sovereignty over the mainland that Argentina claimed.

While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary.

Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable.

The reason why the death penalty is so expensive – 13 executions since 1978 in California costing around $4bn [1] - is the “super due process” that is necessary in capital cases, especially with the large flaws in the US justice system.

Blacker makes no coherent proposal on how he would modify the appeals system. Removing or reducing it would make it very likely that more innocent people would be executed.

To accuse people who want to prevent criminals deaths of wasting money is more or less victim blaming.

[1] Alarcon, Arthur and Mitchell, Paula, “Executing the will of the voters? A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle”, Loyola of Los Angeles Law Review, 2011, http://www.deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf

A Truth and Reconciliation process provides a national forum for facing up to the past. It places responsibility for resolving the tensions latent in post conflict scenarios in the hands of the parties to that conflict [i] . The ICC, by contrast, represents an international intrusion into the moral discourses of post conflict societies.

War crimes tribunals for the Balkans and Rwanda have taken years to achieve a very small number of convictions. They can often appear to have been hijacked by international bodies such as NATO or the UN, in an attempt to impose a solution from outside (to salve consciences in the west) without providing a real understanding of the particular circumstances of the individual nation.

[i] “The voice of ‘Prime Evil’”, BBC News Online, 28 October 1998. http://news.bbc.co.uk/1/hi/special_report/1998/10/98/truth_and_reconciliation/143668.stm

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