Prohibition of Private War and Protection of the Peace Act

Senator_Ordan

Date: Thursday, 12 Jul 2012, 8:08 AM | Message # 1

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Prohibition of Private War and Protection of the Peace Act

1. Individuals or Corporations shall not be allowed to take aggressive actions against Imperial Member vessels or worlds. This is to reflect the fact that corporations and individuals have their own defense but not to commit acts of war upon the Empire or it's members.

- Private ventures which are "Settlement companies" - that is to say a Corporation establishing Colonies will be issued a charter from the world they are registered on. These settlement companies shall be exempt from said provisions and act as the military of their Colony if the Colonial Government requests it.

2. In all conflicts, Corporate or Private vessels shall remain neutral (unless contracted as Privateers as goverened by the below amendment).

However, they may defend their assets from Imperial Members if the following conditions are met.

- The assets of the Company or Individual, or their personnel are under direct attack from the vessels or ground forces of an Imperial Member world.
- They have identified themselves as Neutral via communication array or communications laser and been ignored or rebuffed.

Static Emplacements, Land or Vehicles owned by a Corporation may be defended with reasonable force if they come under attack from paramilitary, terrorists or non-governmental groups and the local Government has failed to effectively contain the situation.

3. Vessels may be commandeered from companies or individuals by Imperial Member worlds (if local law allows) although they are required to give 24 hours public notice before taking such an action.

4. In the event of company personnel becoming involved in a conflict with an Imperial Member they should make every effort to peacefully disengage and leave the combat zone. In the event this impossible they are to be bound by the usual rules of engagement that apply to Imperial worlds.

5. Private Armies (armies outside the control of a Member world), the backbone of the CIS and Trade Federation are prohibited. This does not preclude the possibility of private companies maintaining reasonable security forces, or acting as private military contractors.

That is to say that private concerns are forbidden to do any of the following unless duly authorised by a the imperial official with responsibility for the area:

- Fire on planetary/member governmental troopers, vehicles, material or assets of any kind.
- Threaten to do any of the above.

A private army means any army outside of Member Government ownership (that is to say paid by the Government and Government appointed officials as officers) numbering more than 500 men in a given unit/location or 300 when aboard a vessel armed and on duty at one time who are not directly involved in the maintenance or operation of said units.

Significant quantities of heavy armored units, excessive numbers of Capital Ships or other inappropriate military holdings risks being declared "Excessively Militaristic" and may be penalized by the Defense Committee who may also refer the matter to the courts.

No private vessel may deploy boarding actions or deploy combat ready personnel onto a vessel or planet without the expressed consent of that planet unless acting as a Privateer for another Member which has declared war upon that planet.

6. Weapons with no civilian use.

Weapons which lack a civilian occupation or which pose a danger to civilians are prohibited from private or individual usage.

This includes:

Turbolasers and Proton Torpedoes when used to bombard a planet.

Disruptor weaponry.

7. Discretionary Clause - The Planetary Defense Committee shall be invested with the ability to declare any private military installation or unit illegal if it is felt that it's existence violates the spirit of this law and is "clearly intended for aggressive use" - this may be appeale to the full Senate with the support of a Senator to propose the appeal.

Waivers shall be granted by the Defense Committee if a particular case's merits mean that a larger private military contingent is required. Such a waiver shall require proof that it would be seriously detrimental to an Imperial Member world or it's interests that the company involved not be granted a waiver.

8. Enforcement - any report of a breach should be reported to the Defense Committee.

The Committee is empowered to place a temporary hold on fiscal assets of up to one month on the Company or individual allegedly in breach of this act while the matter is investigated.

If the Committee finds evidence a breach has occurred the Imperial Court system shall punish individuals as the judge deems appropriate. This penalty may he up to and including life imprisonment for an individual or liquidation and seizure of a private company.

Any weapons, vehicles or other property allegedly involved in a breach may be seized by the Defense Committee but will be returned if there is found to be no cause to prosecute.

In the event a breach is witnessed by Imperial Forces they shall use any means necessary to prevent it and may confiscate illegal weapons and arrest private militaries.

Planetary Govenments and their agents are under obligation to report units in breach of this act. If they are demonstrated to have failed to do so they may be fined up to 5,000 credits per count.

The Oriel Privateer Amendment

This act does not effect the right of planets to engage Privateers. Privateers should be used in a restrained manner, ideally for disrupting aggressive supply lines and defense and may be prosecuted as pirates if they are seen to have struck neutral vessels.

A Privateer is considered distinct in that they are awarded a "Letter of Marque" by a Planet to wage attacks on their enemies and so are considered part of planetary fleets once they are so engaged. Letters of Marque may only be issued once a formal declaration of War has been issued.

These letters allow Privateers to conduct warfare as part of a planetary fleet within the Sector of the issuing party and also the System of the party with whom they are at war if it is outside of their Sector - no generalized letters of Marque allowing unlimited warfare across whole regions or the Galaxy as a whole is permissable.

Privateers may not impede traffic or conduct hostile operations on major hyperspace routes even if they are within a Sector or System where they have Letters of Marque to operate.

Privateers must return all captured personnel to the planet who has issued their letter, these individuals are entitled to protection as Prisoners of War.

Civilians shall not be held or molested by Privateers.

All rules and conduct governing the operation of Member World Fleets will apply to Privateers in these circumstances and they shall be expected to adhere to the normal rules and standards of warfare.

Imperial Sector Governors may cancel "Letters of Marque" issued in their Sector.

The Commanding Officer of any Imperial Navy ship may cancel "Letters of Marque" if the encounter a vessel found to be in breach of Imperial Law.

The Oriel PMC Amendment

To be a PMC, a company must be issued a license by the Commerce Committee and declare their military assets publicly annually for Defense Committee review. To provide only reasonable forces, fit for purpose, will be the barometer for approval. Either Committee may void licenses if evidence is presented that this is not the case.

Examples of Unreasonable Forces:

A large fleet of armed Lucrehulk Freighters carrying a Droid Army and hundreds of landing ships orbiting Naboo menacingly.
Millions of droids guarding a foundry complex on Geonosis.
Etc

Private Military Contractor forces are not considered "Private Armies" so long as they are simply providing a contractually obliged number of men or machines for an Imperial Facility or Imperial Member World or organization based on an Imperial Member's territory (with the Member's consent).

Deployments of more than 1,000 soldiers/droids, 24 fighters or any capital assets by PMCs which are not to the Empire directly should seek approval from the Planetary Defense Committee before they take place. This is unless there is an extremely pressing reason to do so in an Emergency situation; this company should then seek retrospective permission immediately.

PMCs in the service of a Member or with permission to operate within their jurisdiction shall be treated as their "Defense Reserves" - that is to say, Private Security Forces, (and must follow the rules laid down for private military conduct) until there is a war declared by the Imperial Member or the Member is attacked by another Member - as soon as either of these criteria are reached, PMC forces are treated as elements of the Member they are contracted to in law (although not necessarily in command structure etc - to be determined by the Contract) and so must abide by all the rules relating to Planetary Defense units in Imperial Law.

Senator Hubert Ordan
__________________________

Senator of the Azure Sector
Foreign Minister of Anaxes
Captain-General of the Azure Interest Protection Squadron
Deputy Chairman of the Ethics Committee
Worshipful Master of the Most Loyal and Honourable Company of Blockadeers
Archtreasurer of the Vault of Pols Anaxes
Autocrat of Selgon
Owner of Azure Durasteel
Systems Admiral (Ret)
Order of the Canted Circle

Message edited by Senator_Ordan - Saturday, 27 Oct 2012, 11:14 PM

Eli_Fitzgerald

Date: Wednesday, 08 Aug 2012, 8:09 PM | Message # 2

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I'd like to hear Senator Youngblood's opinion of this bill before I speak on it.

Eli Fitzgerald
Senator of Ralltiir (10 BBY—Present)

"I was elected to do some flamethrowing in the Senate. To a light a fire under those Senators and make it hot for them."

Alyn_Stark

Date: Thursday, 09 Aug 2012, 3:36 PM | Message # 3

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I have my opinion as well, but I shall let some of the others speak first.

Alyn Stark
Lord of Kinyov
Senior Captain, Retired, Republic Navy
Head of House Malos (former)
Licensed bounty hunter
Majority shareholder, Lorrd Engineering
Owner, Stark Defense Conglomerate
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Representative, Lorrd (10 BBY-9 BBY)

Senator_Ordan

Date: Monday, 01 Oct 2012, 1:57 PM | Message # 4

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As thoroughly insightful as Senator Youngbloods silence has been.. I would like to request the Chair close this debate.

Avram_Kirkwood

Date: Monday, 01 Oct 2012, 10:35 PM | Message # 5

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Indeed, Senator Youngblood shocked us all, I believe. There comes a point where we reach the point of over-regulation, and I believe this is one issue where we will with passage of this bill. It simply goes to far, and neuters what would otherwise be valuable wartime assets to the Empire. I'm afraid I can not allow passage of this bill. Against.

The Honorable Avram W. Kirkwood
Senator of the Cygnus Star Empire

General, Imperial Army (Ret.)

LomenRyuun

Date: Monday, 01 Oct 2012, 10:37 PM | Message # 6

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I agree with Senator Kirkwood. This is simply excessive and does prevent valuable wartime assets. Druckenwell is against.

Lomen Ryuun
Senator, Doldur Sector
Senator, Druckenwell
Representative, Monor II (10 BBY - 9 BBY)
Representative, Geridard
Representative, Boranall
Representative, Therenor Prime
Vice-chairman, Defense Committee (Temporarily suspended)
Controlling Shareholder - Druckenwell Arms Corporation

Senator_Ordan

Date: Tuesday, 02 Oct 2012, 3:37 AM | Message # 7

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Perhaps Senator Kirkwood or Ryuun would care to explain how, pray?

This doesn't ban Private ownership standard vessels by companies.. just their conduct..

Bernard_Oriel

Date: Tuesday, 02 Oct 2012, 4:56 PM | Message # 8

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The Defense Committee expresses it's favourable disposition toward this legislation.

However, this is pending the reasonable accomodation of concerns as laid out by the floor of the Senate and urges Senator Ryuun and Senator Kirkwood to state their specific obections so they might be addressed by Senator Ordan.

Added (02 Oct 2012, 4:56 PM)
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A big question from me Senator Ordan. Would you consider an exemption to allow worlds to charter Mercenaries and Privateers in time of war?

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

Senator_Ordan

Date: Tuesday, 02 Oct 2012, 5:12 PM | Message # 9

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I would and have integrated the amendment you proposed to me over dinner, a very fine piece of Calamari that was indeed!

LomenRyuun

Date: Tuesday, 02 Oct 2012, 7:35 PM | Message # 10

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I will address some of my concerns in the particular order they are proposed in your bill, Senator Oriel. Concerns and thoughts, that is. Take into account that I still believe this is over regulation, as Senator Kirkwood stated.

1. If an individual or corporation feels threatened by an Imperial member world, why should they not have the right to take aggressive action? That also being said, if an individual or corporation sees an act taking place by a member world upon another member world or faction or individual, the first party individual or corporation should have the right, if they choose, to come to that second party's defense.

2. There is not always time for vessels to be contracted as privateers, which ties back into the above issue.

3. What defines local law? Is it the law in the system where the vessel(s) of an individual or corporation are registered or within the system in which the commandeering is occurring?

4. Company personnel, especially security personnel, exist for a reason. Nonetheless, why should they disengage? This also ties in to part one.

5. Simply because private armies were the backbone of CIS and Trade Federation is no reason to prohibit them. What do security contracting companies consist of then, if not private armies? Naturally, Senator Ordan, I expect a quip about Druckenwell's Separatist past from you on this one. Furthermore, what gives you the say on what the numbers should be? Where did these figures come from?

6. Turbolasers and proton torpedoes I agree with. Disruptor weaponry is by and large outlawed, so I concur with that as well. However, by what means do you have the say in the numbers of walkers, battle armor and so forth? What defines powered armor and why the restriction of weapon load outs? The galaxy has a multitude of suppliers of powered armor, tanks and walkers. Will they be shortchanged because people will no longer buy their product for fear of misuse? Not all revenue comes from the military sector after all.

7. Why does this fall to the Planetary Defense Committee? Apparently these matters exist outside of Imperial member worlds; therefore, they should be overseen by a committee other than the Planetary Defense Committee.

8. Why should privateers be considered part of a planetary fleet as opposed to independent operators? And furthermore, why must a full declaration of war be declared before issuance of letters of marque? Is there a time limit from where declaration of war occurs to the time of issuance?

9. Placing the ability to cancel a letter of marque in the hands of a sector governor or the commanding officer of an Imperial ship nearly negates the point of issuance of said letters. The opportunity for gross misuse and favoritism exists in that area.

Senator_Ordan

Date: Tuesday, 02 Oct 2012, 7:47 PM | Message # 11

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1. Corporations are not Governments. They are not sovereign, it is a pillar of law that a non-sovereign is not legally allowed to attack a sovereign. There's a word for when that happens - terrorism. If you read the Oriel amendment and the act itself, it allows for member worlds to enlist private companies and privateers for warfare if a company so desires to involve itself directly.

2. They don't have to be, the act allows corporate forces to be drafted wholesale into planetary forces with mutual consent - rendering them part of planetary forces.

3. The law of the sovereign of a particular area governs that area. If the law of say Lorrd allowed you to seize Lorrdian companies ships then you could. Seizing foreign ships or neutral vessels would be a breach.

4. Companies are not sovereign, they do not have the right to fight aggressively unless enlisted by a sovereign to do so. Hence a company should always back down and disengage as they are essentially non-combatants acting in their own defense.

5. The numbers are based on the numbers used for the Aggressive Military Forces legislation, vaguely. Essentially it allows for private military contractors to maintain military type units but not on such quantity or density that they threaten the sovereignty of an Imperial Member.

6. I don't see any planet being turned away here as their own use isn't restricted. Sure some PMCs may not buy so many, I don't think its a bad thing for less big dangerous weapons to be kept out of the hands of Mercenaries.

7. Because the planetary defense committee manages all affairs concerned with the conduct of internal conflict and military matters pertaining to them.

8. Letters of Marque have always required a war to be declared between the two parties in order to be mutually recognized. There is no time limit between the two, you could declare war one minute and enlist privateers the next. As to why they should be treated as part of planetary forces - that's how they've always worked in the past. Otherwise they would be simple mercenaries and would be able to be put to death when captured.

9. I'm shocked Senator Ryuun at you questioning the integrity of the Empire's Moffs and it's Navy to enforce the law. I believe the boys in grey, on the whole, are an impartial bunch and so best set up to make this kind of decision.

Bernard_Oriel

Date: Wednesday, 03 Oct 2012, 12:09 PM | Message # 12

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For the record I feel I should submit a point of information that I am sure Senator Ryuun should know.

Private Companies and their Employees are Civilians unless employed and commissioned into the military of a sovereign power.

Civilians, Organizations of civilians or civilian corporate entities that wage war against a sovereign power are by no means legitimate combatants.

At best, they are insurgents or rebels; at worst, terrorists or criminals. Corporate employees involved in "war" against an Imperial Member are civilians taking up arms against an Imperial Member. Such combatants are not entitled to protection as prisoners of war, they may be arrested as criminals and punished as the local jurisdiction sees fit.

Corporations which are not sovereign powers (some Corporations straddle this line by ruling worlds) have no right to engage in the high affairs of state (to declare war, conduct diplomacy, issue letters of marque etc), the notion that they should is against the existing principles of political sovereignty. Neither Druckenwell Shipyards, nor Azure Durasteel, nor the Coruscant Journal have the right to declare war or conduct affairs as if they were governments.

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

LomenRyuun

Date: Wednesday, 03 Oct 2012, 4:18 PM | Message # 13

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This is simply reaffirming my belief in over-regulation. I'm afraid my vote still stands.

Senator_Ordan

Date: Thursday, 04 Oct 2012, 0:11 AM | Message # 14

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You're evading Lomen.

Which bit do you consider to constitute "over-regulation"?

Yes or No, Lomen: should Private Companies be allowed to wage campaigns of violence on Member Worlds of the Galactic Empire?

LomenRyuun

Date: Friday, 05 Oct 2012, 1:50 PM | Message # 15

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I consider the entire bill over-regulation.

As well, Hubert, don't try to paint me in that light, and don't try to put words in my mouth. I'm simply not in favor of this legislature. If a future bill comes up that I agree with more, then I will vote in favor of it. Or perhaps I will draft my own if it comes to it.