#There's just... Lots of conflicting elements. The UN nations canonically exist in the bsd universe and were repeatedly brought up
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kyouka-supremacy · 2 years ago
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Just realized that since there was no WWII in bsd there was also no Nuremberg tribunal 1946 judgment
Okay so so terribly sorry for being an insufferable person but. if you comment one of my posts with “[Sigma is] innocent on the basis of the casino being exempt from international laws” I'm literally obliged to correct you, I'm sorry, I physically can't ignore it, it's literally the object of study of my life. Saying that no international laws apply here is just factually incorrect! Twice at that!
First: it's absurd to suppose the sky casino has its own state jurisdiction on the basis that in no word you can consider the sky casino a state. According to the Montevideo Convention of 1933, art. 1:
The state as a person of international law should possess the following qualifications: a) a permanent population; b) a defined territory; c) government; and d) capacity to enter into relations with the other states.
Sky casino fails to fulfill any of these criteria, and thus cannot be considered a state with its own jurisdiction. I don't think there's any need for me to elaborate on why the sky casino lacks a permanent population (its “population” consists of transitory customers), or a government (there's barely anything that can be considered legislature or executive and definitely no judiciary), or the capacity to enter into relations with the other states (we don't have any reason to assume it does). Finally, the sky casino platform cannot be considered a territory on the same basis that artificial islands aren't considered islands: for that we can refer to the United Nations Convention on the Law of the Sea, art. 60, par. 8:
Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.
Please also refer to the case of Sovereign Recognition of the Principality of Sealand, where the Principality's characteristic of being a World War Two anti-aircraft platform located within Britain's territorial waters makes it the perfect analogous case to compare to the sky casino; the platform's sovereignty isn't formally recognized by any country.
Concerning which jurisdiction the sky casino actually falls under, first of all we can refer to the Convention on International Civil Aviation, art. 1:
The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.
So the sky casino's jurisdiction is the one of the state underneath it (most likely Japan).
In case the sky casino lies above high seas (all the sea spaces out of any country's jurisdiction), by the shared analogy between legal regime of sea spaces and airspaces, we can again refer to the United Nations Convention on the Law of the Sea, art. 92, par. 1:
Ships shall sail under the flag of one State only and, [...] shall be subject to its exclusive jurisdiction on the high seas.
So it'd be the jurisdiction of the country the sky casino is associated to, for example the one it was built in.
Second: no person, no matter their country or lack or thereof, no matter the jurisdiction they were subject to at the moment of the crime, is extent from international laws. Individuals are considered by the international law doctrine having international legal personality (together with other personalities, such as nations and international organizations) on the exact basis that, besides benefiting from international rights, they also have obligations in front of the international law, and those duties are exactly the duty to not commit international crimes (International Military Tribunal of Nuremberg, 1946 Judgment: “International law imposes duties and liabilities upon individuals as well as upon States”; “Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provision of international law be enforced”).
Everyone is subject to international laws no matter the jurisdiction; it's just that no one realizes it because to actually commit international crimes means you have to screw up real bad (i.e. : commit crimes of genocide, crimes against humanity, war crimes). Everyone being subject to international laws with no exceptions is. a huge thing. It means people will be held accountable even when their country decides not to process them. It permits‚ for example‚ the International Criminal Court to issue a warrant of arrest for the current president of Russia, despite we can take a guess that he'd never be processed by his country.
In conclusion: you can't say Sigma is extent from international laws, because no jurisdiction or person is extent from international laws. If anything, what you can do is argue he never committed any international crime, although that'd be hard on its own to sustain; the UN General Assembly condemned terrorism in its resolution 49/60, 1994:
Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be invoked to justify them
not to mention he likely would have to answer for counterfeit coin too.
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