Proposed Resolution regarding the Elwynnese Union

[Vilhelm Benkern]

Honorable members of the General Assembly:

The Micras Treaty Organization is charged with upholding peace between its member states. Its two instruments in that mission are law and trust: the treaties that its component nations have signed, and the trust that those treaties will not be ignored when they become inconvenient.

Recently, this mission of the Organization has been threatened. The Elwynnese Union has attacked the Shirerithian city of Jessvillia. Forty-one people were killed. The Imperial Republic is outraged and upset.

Both Shireroth and Elwynn are signatories to the "Small Treaty of Non-Aggression" (hereafter SToNA), which specifically states that "all signatory nations shall not engage in any hostile or aggressive action toward any other signatory nation". West Elwynn has violated this treaty and with it the explicit covenants that form the foundation of the Treaty Organization and with it peace on Micras.

The only exception allowed by SToNA is "Recreational Wars that are considered friendly by the nations involved at the initiation of the recreational war." As representative of Shireroth, I hereby certify that Shireroth did not consider this a friendly action. All existing recwar leagues, including SNARL, QUARREL, and Anunia, enshrine consent as the fundamental principle of recreational warfare. Shireroth did not consent to this attack at any level. There is a specific and separate treaty, the Small Commonwealth Ongoing recWar League Treaty (hereafter SCOWL-T), for countries who wish to allow recreational warfare without explicit consent. Neither Shireroth nor Elwynn has signed SCOWL-T. I therefore maintain that the Elwynnese attack on Shireroth falls under the category of action that SToNA is intended to prevent.

This is a difficult time for Shiro-Elwynnese relations due to a plot on the life of former Prince Ayreon of Elwynn. The Elwynnese have every right to be upset about this plot and to request Shirerithian cooperation in bringing justice to the criminals responsible. However, this cooperation was offered. In fact, Shireroth specifically offered to bring the matter before MTO mediation, the correct and recommended action according to Article 3 of SToNA: "If there is a dispute between signatory nations they will bring it before an agreed upon neutral third party for arbitration. If no third party can be agreed upon the matter shall be arbitrated by the General Assembly." Elwynn ignored this offer and decided to respond with violence.

No MTO treaty recommends a specific penalty for violation of the treaty, but the voluntary and non-binding nature of this organization's power suggests an obvious consequence: suspension of MTO membership for the nation involved. Therefore, the Imperial Republic of Shireroth, with deep sadness and disappointment at the string of events that have led to this request, must propose the following motion:

RESOLUTION SUSPENDING THE ELWYNNESE UNION

The General Assembly of the Micras Treaty Organization adopts the resolution on the findings that the Elwynnese Union has broken the treaties of the Small Commonwealth, and that this happened willfully and with malice aforethought, and with specific and conscious rejection of the legal alternative of MTO mediation.

Accordingly the General Assembly:

1. Suspends the membership of Elwynn in this organization.

2. Authorizes the Secretary-General to convene a panel of neutral mediators between Shireroth and Elwynn, to determine a fair sum of reparations to be paid by the latter to the former.

3. Agrees that upon completed payment of these reparations, and an official apology by the Elwynnese government to Shireroth and to the MTO and international community, Elwynn's membership be reinstated.

[Elijah Ayreon]

Honourable Delegates

I was about to vacate my offices here at this Assembly when Ambassador Benkern put the following proposed resolution before us. As you may know, I was seriously affected by poisoning of Arctic cabbage. I am still suffering from the brassicosis.

I am not in position to examine the unfortunate incidents. Death is always a tragedy. I mourn with the affected.

But let me say this. Elwynn has consistently wanted negotiations with Shireroth. They never happened.

Elwynn has not received an offer for arbitration. In fact, no government official from Shireroth has even spoken to the government in Eliria. How could then respond officially? When silence is upon us, when our people's freedom are doomed, then don't we first try and speak? We did yes. The policing measures were measures of last resort.

Of course, if Shireroth truly desires arbitration which comes as a surprise to me and the Elwynnese delegation, then we shall find arbitration. But no such offer has reached us.

The Shirerithian government is in full knowledge that the government in Elwynn is of expeditory nature. We have no prince that is accountable to the Senate. Only emergency measures are allowed in expeditory governments. This was an emergency measure.

In the constitutional nature of Elwynn, elections for Prince are going ahead. Currently there are two candidates with somewhat different agendas. In this crisis, the Senators of Elwynn are examining every single word from these candidates to determine which one of them will be best agents of the values of Elwynn, values of which peace, order, freedom, human rights and democracy rank highest.

I urge this Assembly to at least wait for an accountable government in Elwynn to be elected before considering the Shirerithian proposal.

I am not at liberty to make further statements.

[Vilhelm Benkern]

Honourable members,

I thank the Elwynnese delegate for bringing up the matter of the impending election because it demonstrates something about the state in question. While Shireroth has pursued a responsive policy, not an active or aggressive one, the Elwynnese government does not even seem able to control the actions of its top generals - its Councillor of Peace and Kinetics in particular. In other words, in the midst of an election and a lack of leadership, their delegate wants us to give them time to get ready to form a response. Did they allow the innocents of Nosquam any time to form a response? And why is war wrought in spite of Senate affirmation?

This suggestion that Shireroth has not extended the olive branch, I am embarrassed to say, is something of a fallacy. It must be that the honourable delegate from WEst Elwynn is ill and having memory problems. I can illuminate both him and this august assembly. Here the Senate discussed war; and here our Minister of the Exterior replied thus:

You have no idea whether anyone involved in this plot continues to be on North Absentia, or if so who or where they might be. All you can do is kill a few hundred innocent cabbage farmers and start a massive war. I propose a better idea.

Speaking as Shireroth's Minister of the Exterior, I am prepared to petition the Kaiser to allow some kind of international investigation into this matter. Figure out some kind of neutral body - the MTO Common Court, the Apollo Foundation, a disinterested country like Craiteland or Apollantis. Shireroth will give them full access to our records, and you will give them full access to yours. If they find anyone, on Northern Absentia or elsewhere, who is complicit with the plot, Shireroth will punish them or extradite them to West Elwynn, your choice.

Alternately, if you have some idea who is responsible already, send us the evidence and if it seems remotely sensible and not politically motivated we'll extradite them for trial right now or figure out some neutral body that can try them.

Pretty much anything you want is on the table with regards to this investigation. Between our two countries working together to catch the perpetrators, it is unlikely any can get away. In fact, there is only one possible way you could screw this up.

If a speech before the national legislature by our Minister for Foreign Affairs does not constitute an offer, what does? Unfortunately for those innocent cabbage farmers, the Elwynnese government did opt for that terrible path mentioned at the end of the quote of that speech.

The outgoing Prince responded non-committally but positively: he "concede[d] that wounded feelings are better than wounded soldiers and wounded civilians" and stated that he "will not push for a war". He did not follow up the offer of international arbitration, he merely backed down. Or only seemed to back down - for within hours the bombardment was ordered. Wherefrom this disconnect in "democratic" Elwynn? The Prince speaks rosy words, and the guns still fire, the innocents still die? This assembly must send a clear message to Janus-Elwynn and condemn their actions. Support Shireroth's proposed resolution.

[Thadeus Laing]

I echo the words of His Excellency Elijah concerning this matter,
and urge this Assembly to consider tabling this Shirerithian
proposal.

[Vilhelm Benkern]

(I apologise for my crippling ignorance on this delicate matter, but which member nation do you represent here, Doctor Melang? As Zaila Vreti I am representative fo Aryasht and ours is a policy of neutrality.)

[Nathan]

While tradition holds that only designated representatives speak in the assembly, now that i go to look I'm not sure there is a regulation against guests speaking. Only votes may be cast by representatives, however. I'm really not sure if we ever decided to outright close the assembly...

There is also no mechanism to table a vote in the assembly's limited rules. The vote will automatically begin next Monday unless triggered early by a motion of two delegates or I may delay it further by a temporary ruling if the government of Elwynn is not yet in place by then (but it should be). Removing a member requires a 3/4 majority.

[Vilhelm Benkern]

Ah, I thank Secretary-General for clearing up the matter of the right of voice. Shireroth moves for an early vote. The only justification for leaving this matter to vote so long is the matter of Elwynn's Princely election. Voting begins on Sunday and will be over by Wednesday (per Rule V:2 of their December 2011 Rules which states that "Once the declarations and debates are over, a period of 72 hours of voting shall be ensured.") Shireroth suggests voting should begin on Thursday, or at the latest Friday. This resolution and the circumstances surrounding it are well known to the debating candidates and they should be expected to hit the ground running in this time of war and crisis.

Another matter of procedure is that this resolution does not constitute an expulsion vote as laid out in section 2a of the General Membership Treaty, as it does not propose a permanent excommunication but merely a temporary (though appropriately severe) penalty in expectation of resumption of full membership. The very idea of suspending membership until reparations are made implies a continuation of obligations and responsibilities on the part of West Elwynn. Therefore Shireroth submits that since this is neither an expulsion vote, or any of the other kinds of special votes requiring a high threshold of consensus - namely, amendment to the Treaty or a Resolution for an MTO mission - that a simple majority will suffice.

[Thadeus Laing]

(I apologise for my crippling ignorance on this delicate matter, but which member nation do you represent here, Doctor Melang? As Zaila Vreti I am representative fo Aryasht and ours is a policy of neutrality.)

Vilhelm: I am a Minister (Ambassador) belonging to the Diplomatic
Corps of the Elwynnese Union and my statement and participation in
this discussion was and is intended to merely echo Elijah's comments
as a subordinate in that capacity, within that context alone, and not
as a representative of any other nation besides Elwynn. I hope that
clears up any confusion.

[Aryeztur]

To avoid confusion, Vrteti/Benkern, are you here as both the representative of Shireroth and of Aryasht? In that case, you might have to vote twice.

[Nathan]

I have given this more thought. The General Assembly only has the power to arbitrate the disagreement by right of the Non-Aggression Treaty specifically stating so. This is the first official petition to the General Assembly about the situation and as such the General Assembly has not exhausted its obligation to attempt mediation. If Shireroth or Elwynn officially petition the General Assembly to mediate, and the other party refuses to participate, then the General Assembly may decide appropriate sanctions without mediation.

Under normal circumstances I do not believe the General Assembly has the power to punish a member for allegedly failing to fulfill the terms of a "sub-treaty" signed between a sub-set of its members. Only the signatories of the Non-Aggression treaty may decide among themselves how to punish a signatory. This has been a tradition in the MTO since it was founded. Whenever a treaty that the MTO maintains needs to be amended, only the signatory nations may vote since only they are bound to it. The rest of the members of the MTO are not bound to the terms and responsibilities of the non-aggression treaty. It would be improper for them to vote on the punishment of a fellow member.

The MTO is a 'weak' organization, a forum for dialogue, a repository and custodian of treaties. Only under extraordinary and explicit circumstances is it a police force. Elwynn has done nothing to violate the General Membership Treaty so the General Assembly may not punish it by with the extraordinary and unprecedented suspension of membership.

I see only four options available to the MTO to maintain international order in this situation:

1. The creation of an MTO Mission to stabilize Benacia with international forces.
2. The proposal of an MTO Opinion to verbally condemn Elwynn's actions.
3. Compel the General Assembly to arbitrate the situation as per the Non-Aggression Treaty.
4. Shireroth petitions the Common Court that Elwynn violated the Non-Aggression Treaty. (Shireroth and Elwynn are both party to the expanded Common Court treaty)

[Liam Sinclair]

Gotzborg is of the opinion that for the MTO to maintain legitimacy and relevance in today's unstable world as a beacon of neutrality and a forum where differences can be resolved, it is ultimately counterproductive for an action so punitive as suspension of a member to be the first step.

Gotzborg agrees with the Secretary-General that the most appropriate action for the MTO to take on this matter is to provide a forum for dialogue and to facilitate mediation of conflicts, including this present one. My government recognizes the anguish and despair suffered by Shireroth in these attacks; however, suspension should only ever be an absolute last resort when all other mechanisms have failed.

I can't help but notice that the only standing orders for the Assembly are voting regulations that provide little flexibility. This is woefully inadequate, as I cannot seem to find a mechanism that allows a motion to be debated and amended during the course of discussions. If amending was permitted, Gotzborg would motion for this motion of Shireorth's to be stayed until (1) the General Assembly has the opportunity to arbitrate the matter and, (2) failing the success of the General Assembly, the Common Court is permitted to issue a ruling regarding reparations. Only then, if one party or the other ignores the final ruling of the Court (if it went to that forum), would suspension be a valid option.

[Vilhelm Benkern]

The Shirerithian government is currently consulting on the point of next steps following the opinion of the Secretary-General which has delayed this course of action. But we are also very grateful for the response and contribution by Gotzborg on this matter of great concern to Micran peace and stability. The notion that this is not a "last resort" must be challenged, however. In light of the fact that Shireroth has suffered a grievous blow as a first resort from West Elwynn, we were determined to bring to bear as great a level of pressure as possible on them for this heinous international act of war against innocents. But it was not our first course of action; as detailed above, entreaties and official offers of mediation were not given a response. How could we embark on a path of mediation, with one partner silent and unwilling?