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The Protection of Civilians in Conflicts (IP) Act
Bernard_OrielDate: Tuesday, 04 Jan 2011, 0:33 AM | Message # 1
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The Protection of Civilians in Conflicts (Inter-Planetary) Act

In the event of an Inter-Planetary Conflict it is a good that the innocent people of the Empire should not be directly subject to violent attacks from any party involved in a conflict.

Definitions:

"The Parties" shall refer to "Involved Powers" as defined as follows. Any Imperial World which has issued a "statement of intent to engage" to the Imperial Government regarding another world shall be considered "involved" as shall be the world against which the "statement of intent to engage" is issued against, it shall not be required for the purpose of this act that an official declaration of war have been issued (although later legislation may require this), however a declaration of war shall also "involve" powers.

"Civilians" are defined as any Imperial Citizens who have not taken up arms to participate in the ongoing conflict.

1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. Civilian property may not be seized unless it constitutes a direct part of the war effort (munitions factories, weapons caches etc).

Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.

2. Indiscriminate attacks are prohibited.

Indiscriminate attacks are:
- those which are not directed at a specific military objective;
- those which employ a method or means of combat which cannot be directed at a specific military objective; or
- those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

Among others, the following types of attacks are to be considered as indiscriminate:
- an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, world or other area containing a similar concentration of civilians or civilian objects; and
- an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.
- Attacks against the civilian population or civilians by way of reprisals are prohibited.
- Opening fire upon freighters indicriminately, without issuing a warning.
- The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favor or impede military operations.
- Orbital Bombardment of any area within 5km of a Civilian Settlement.
- Base Delta Zero

3. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

4. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures in order to assure civilian safety.

5. Civilians may not be starved or otherwise intentionally deprived of goods essential to their survival as a means of prosecuting warfare between worlds.

6. The parties shall make every effort to inform eachother if an area contains civilians. Civilians shall be urged to mark their own buildings or areas with a blue C placed on their roof in order to signify that an area contains civilians. Falsely identifying a structure as civilian shall be considered illegal and will cause any combatants found to do so to be denied the protection of being considered "Prisoners of War"

7. Breaches of this act will be punished by Imperial Courts and all penalties, up to and including death my be inflicted for any crimes committed against civilians.

8. Areas of space may be declared "no fly" or "blockaded" by any involved party, if this is done so and a civilian ship travels into that area then the ship and its cargo may be impounded until the conflict concludes, or confiscated if they are found to be war material.

9. The Parties may conduct searches of civilian facilities and vessels in order to examine for the presence of arms, combatants or war material. These are considered fair targets and may be seized and or destroyer.


Bernard Oriel
Senator for the Planet of Vjun
1st Earl Malreaux (Second Creation)
Vjun Delegation to the Imperial Senate


Message edited by Bernard_Oriel - Tuesday, 04 Jan 2011, 0:45 AM
 
LomenRyuunDate: Tuesday, 04 Jan 2011, 1:36 AM | Message # 2
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Very thorough. I vote in favor.

Lomen Ryuun
Senator, Doldur Sector
Senator, Druckenwell
Representative, Monor II (10 BBY - 9 BBY)
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Controlling Shareholder - Druckenwell Arms Corporation
 
Crin_StarDate: Tuesday, 04 Jan 2011, 5:04 AM | Message # 3
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While I agree with you, for a change, that civilians should be protected from engagement by military forces I would challenge your definition of it wishing that it would be more specific. For example, the current definition could be applied to non-uniform members of the military in either irregular or espionage actions. During war as we know, often times both sides employ individuals with the purpose of finding out key information on the other side. So essentially to be affording these protections these spies just have to go in unarmed. Before I cast a vote on this matter the definition should be made to be clearer and more concise with exceptions no longer given to people who play a critical part in war time strategy and acts of hostility.
 
Bernard_OrielDate: Tuesday, 04 Jan 2011, 5:52 AM | Message # 4
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No it couldn't Senator Star. Read the legislation, it they take up arms against either of the involved powers then they would not be protected by these legislation and "taking up arms" need not mean being armed in a literal sense, a slicing kit or a camera might be their weapon.

That said, acting as a spy is a crime, crimes can be prosecuted under present laws.

If a civilian does commit espionage there is no protection afforded them by this act, and one would be able to try and execute them as spies (or apply whatever local penalty is provided for by law).


Bernard Oriel
Senator for the Planet of Vjun
1st Earl Malreaux (Second Creation)
Vjun Delegation to the Imperial Senate


Message edited by Bernard_Oriel - Tuesday, 04 Jan 2011, 6:02 AM
 
Crin_StarDate: Tuesday, 04 Jan 2011, 6:19 AM | Message # 5
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"I would be more preferential if it were to say something along the lines of involved in an act of war or in hostile acts of war. Also, I know this may be a sticking point but I feel that those who are a part of the military but non-combative(not involved in the battle) or medical officers(So long as they are acting in a manner befitting a medical officer) should be treated as civilians and not engaged.
 
Bernard_OrielDate: Tuesday, 04 Jan 2011, 7:35 AM | Message # 6
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You think that members of the enemy military who are not actively combat soldiers should be considered civilians? Really?

Bernard Oriel
Senator for the Planet of Vjun
1st Earl Malreaux (Second Creation)
Vjun Delegation to the Imperial Senate
 
Crin_StarDate: Tuesday, 04 Jan 2011, 7:46 AM | Message # 7
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"With specific, very narrow, language on who qualifies as this then yes. For instance: military clerks who keep up with the standard paperwork and reports that a military generates, they are not on the battlefield but behind a desk not involved in the fighting and as such should be considered along with a civilian and not to be directly targeted without provocation. Military doctors who are caring for the injured or preparing a triage center for injuries should not be considered as soldiers and potential targets."
 
Bernard_OrielDate: Tuesday, 04 Jan 2011, 7:57 AM | Message # 8
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Medical personnel should naturally have certain exceptional protections and should not be targeted specifically. Medical personnel do however return troops to combat and are an integral part of the "war machine" so cannot expect the same level of protection as civilians. For example a facility which is a military structure but happens to hold a medical bay cannot hope to avoid being considered a legitimate target.

I do support Medical personnel being extended some form of protection by law, however, I do not believe it is right or just to consider them "civilian". As for "military clerks", anyone in uniform or actively involved in the war effort is not a civilian. If a clerk is organising the supply of missiles to a battery he is just as dangerous as the crew of that battery, and can in no way be considered a civilian.


Bernard Oriel
Senator for the Planet of Vjun
1st Earl Malreaux (Second Creation)
Vjun Delegation to the Imperial Senate
 
Ilanah_ThanatosDate: Tuesday, 04 Jan 2011, 7:57 AM | Message # 9
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Senator Oriel, another well writen piece of legislation. It is important to protect he Empire's civilians in such conflicts. Thank you so much for proposing his. Chandrila votes in favor.

Ilanah R. Thanatos
Senator of Chandrila
 
Crin_StarDate: Tuesday, 04 Jan 2011, 8:15 AM | Message # 10
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"As part of a whole structure then no, but what I was referring to are areas specific and exclusive to the injured and medical officers, triage areas or field hospitals for example.

While this bill does a lot of good, prohibiting the specific targeting of civilians, there should be more that can be expected from this bill. It's intent is to protect and guard citizens of the empire from being caught in the cross fire which is laudable and I do vote in favor of this bill. However, I still feel as though the bill itself can and should be expanded to include others whether in the military or not, such as doctors treating injured men and women, within its sphere of protection.

 
Bernard_OrielDate: Tuesday, 04 Jan 2011, 8:33 AM | Message # 11
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I have proposed an additional measure to cover Medics etc.

Bernard Oriel
Senator for the Planet of Vjun
1st Earl Malreaux (Second Creation)
Vjun Delegation to the Imperial Senate
 
Senator_CambristDate: Tuesday, 04 Jan 2011, 9:12 PM | Message # 12
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In favor. I don't feel explanation is necessary in this case.

 
Artemis_VandenDate: Wednesday, 05 Jan 2011, 9:35 PM | Message # 13
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Enthusiastically in favor.

Artemis Vanden
Representative of the Naboo
 
Sate_PestageDate: Wednesday, 05 Jan 2011, 10:10 PM | Message # 14
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With no dissenting votes, the measure passes unanimously.

Sate Pestage
Grand Vizier of the Empire
Assistant to Emperor Palpatine
Chair of the Imperial Senate
 
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