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#26 2008-07-16 3:33 pm

user
Aw, he's no fun, he fell right over.
From: I'm not getting you down, am I
Registered: 2001-10-15
Posts: 13606

Re: "World Court" to render judgement on US executions?

Jdude wrote:

How exactly do they intend to enforce this decision?

They don't.

Informally known as the World Court, the tribunal is the U.N.'s judicial arm for resolving disputes among nations. Its decisions are binding and final, but it has no enforcement powers.

It's really up to the willingness of the countries who sign the treaties to follow them and also to appreciate that it would be in their best interest for others to likewise uphold the treaties that they sign.


"Do you agree that the magical potency of today's ceremony is exactly equal to the magical efficacy of ceremonial baptism with dihydrogen oxide, and do you agree that the power of all magical ceremonies is nonexistent?" After a resounding "amen" from the audience, the first person in line yelled, "Dry me brother! I'm free!"

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#27 2008-07-16 4:45 pm

Jdude
Surfing on waterboarders
From: Home is where the war is
Registered: 2003-02-03
Posts: 2042

Re: "World Court" to render judgement on US executions?

user wrote:

Jdude wrote:

How exactly do they intend to enforce this decision?

They don't.

So they are about as useful as the Court of Frozen Peeps (in session now, my freezer).


Reviving the MAF / M|LF with excessive posting
Sometimes before replying to a topic, I think to myself: I am just so original!

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#28 2008-07-16 4:55 pm

Jdude
Surfing on waterboarders
From: Home is where the war is
Registered: 2003-02-03
Posts: 2042

Re: "World Court" to render judgement on US executions?

It is my express desire that no foreign court ever has power in These United States.


Reviving the MAF / M|LF with excessive posting
Sometimes before replying to a topic, I think to myself: I am just so original!

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#29 2008-07-16 5:10 pm

ScifiterX
エロ仙人
Moderator
From: NW Palm Bay, Florida
Registered: 2000-02-10
Posts: 14845
Website

Re: "World Court" to render judgement on US executions?

I'm my opinion, it should have no power in the US but it should have influence.

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#30 2008-07-16 5:22 pm

jerwin
Sophist
Registered: 2003-01-01
Posts: 5235

Re: "World Court" to render judgement on US executions?

Jdude wrote:

It is my express desire that no foreign court ever has power in These United States.

Keep that attitude in mind if you ever run into legal trouble abroad.


Some subjects actually enjoy pain, and withhold information they might otherwise have divulged in order to be punished.
Central Intelligence Agency. (1983). Human Resource Exploitation Training Manual

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#31 2008-07-16 5:49 pm

JakeTheTall
Cargo Cultist
From: Bohemian Club
Registered: 2003-03-13
Posts: 7112

Re: "World Court" to render judgement on US executions?

Jdude wrote:

It is my express desire that no foreign court ever has power in These United States.

But can you see how this sort of thing might improve judicial systems in other countries ? 

And that's a good thing.


"In other words, don't pay such strict attention to what McCain says because he doesn't speak officially for his own campaign."  Eugene Robinson, Washington Post

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#32 2008-07-16 5:54 pm

Farmerkev
Official Dementor
Moderator
Registered: 2003-01-03
Posts: 15935

Re: "World Court" to render judgement on US executions?

JakeTheTall wrote:

Jdude wrote:

It is my express desire that no foreign court ever has power in These United States.

But can you see how this sort of thing might improve judicial systems in other countries ? 

And that's a good thing.

I suppose Canadastan does need some improvements.
wink


T Jefferson-
For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it.

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#33 2008-07-16 5:59 pm

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 39159

Re: "World Court" to render judgement on US executions?

Farmerkev wrote:

JakeTheTall wrote:

Jdude wrote:

It is my express desire that no foreign court ever has power in These United States.

But can you see how this sort of thing might improve judicial systems in other countries ? 

And that's a good thing.

I suppose Canadastan does need some improvements.
wink

I agree.


"Welcome to real leadership. Doing whats right based on the information at hand, not following the transient whims of public opinion polling." -- Steyr

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#34 2008-07-16 8:11 pm

Pariah
Member
From: BBQing Sacred Cows.
Registered: 2001-05-24
Posts: 16010

Re: "World Court" to render judgement on US executions?

With our 50% error rate in capital cases most death sentences could bear greater scrutiny.


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#35 2008-07-16 8:36 pm

jerwin
Sophist
Registered: 2003-01-01
Posts: 5235

Re: "World Court" to render judgement on US executions?

Pariah wrote:

With our 50% error rate in capital cases most death sentences could bear greater scrutiny.

Not by furriners. And we can't be bothered.


Some subjects actually enjoy pain, and withhold information they might otherwise have divulged in order to be punished.
Central Intelligence Agency. (1983). Human Resource Exploitation Training Manual

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#36 2008-07-16 11:10 pm

Jdude
Surfing on waterboarders
From: Home is where the war is
Registered: 2003-02-03
Posts: 2042

Re: "World Court" to render judgement on US executions?

jerwin wrote:

Jdude wrote:

It is my express desire that no foreign court ever has power in These United States.

Keep that attitude in mind if you ever run into legal trouble abroad.

Every trip to a foreign country I have ever visited has been accompanied by a large number of my friends, and we all had the express intent of killing people. I didn't even get my passport stamped.

The legal system here, while sometimes out there and wrong, overall is fair and just. I would not want to be tried under any other system in the world.


Reviving the MAF / M|LF with excessive posting
Sometimes before replying to a topic, I think to myself: I am just so original!

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#37 2008-07-16 11:34 pm

everlong205
Member
Registered: 2003-12-24
Posts: 6578

Re: "World Court" to render judgement on US executions?

Chickenhawk wrote:

radarman wrote:

jerwin wrote:

Planning to travel outside the country anytime soon, radarman?

No, but if I do, I plan to obey the laws where ever I go. I generally find that when you obey the law, these sorts of things don't happen. (Ok, sure - sometimes crazy stuff happens, but not generally)

Had the clowns in question obeyed the law, we wouldn't be having this discussion.

Yes, but if you were in a foreign country, and committed a crime, and were sentenced to a punishment the US feels is barbaric and inhumane, say death by stoning. Would you not want the US consulate placing pressure on that nation to reduce the sentence?

(Mexico does not have the death penalty, and does not extradite to the US unless the death penalty is waived.)

Rather than hoping for the US consulate to bail me out I'd rather not get into situations that would get me thrown in jail. For example. knowing the laws against drug running, and not wanting to see the insides of a turkish prison I'd do my best not to drug run while in Turkey.

Seriously, there are legitimate cases of people being in the wrong place at the wrong time and getting railroaded, but more often than not, people are in foreign countries behaving like jackasses or fools not caring about the laws of the country, and behaving responsibly and assuming that their foreigner status immunizes them against prosecution or that the country they are visiting is exactly like home only more exotic.


"YOU DISGUST ME!!!!"

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#38 2008-07-17 8:55 am

radarman
Member
Registered: 2005-02-28
Posts: 1616

Re: "World Court" to render judgement on US executions?

everlong205 wrote:

Chickenhawk wrote:

radarman wrote:


No, but if I do, I plan to obey the laws where ever I go. I generally find that when you obey the law, these sorts of things don't happen. (Ok, sure - sometimes crazy stuff happens, but not generally)

Had the clowns in question obeyed the law, we wouldn't be having this discussion.

Yes, but if you were in a foreign country, and committed a crime, and were sentenced to a punishment the US feels is barbaric and inhumane, say death by stoning. Would you not want the US consulate placing pressure on that nation to reduce the sentence?

(Mexico does not have the death penalty, and does not extradite to the US unless the death penalty is waived.)

Rather than hoping for the US consulate to bail me out I'd rather not get into situations that would get me thrown in jail. For example. knowing the laws against drug running, and not wanting to see the insides of a turkish prison I'd do my best not to drug run while in Turkey.

Seriously, there are legitimate cases of people being in the wrong place at the wrong time and getting railroaded, but more often than not, people are in foreign countries behaving like jackasses or fools not caring about the laws of the country, and behaving responsibly and assuming that their foreigner status immunizes them against prosecution or that the country they are visiting is exactly like home only more exotic.

Exactly - if you mind your own business, know what the laws are ahead of time, and avoid making an ass of yourself, you can generally go just about anywhere and not get in trouble. People do it all the time. It helps to not get drunk, stoned, or otherwise incapacitated.

Seriously, though. Why would you expect to NOT get in trouble for killing the locals, running drugs, or other stupid crap? If you are that dumb, maybe you DESERVE the local punishment.

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#39 2008-07-17 8:57 am

radarman
Member
Registered: 2005-02-28
Posts: 1616

Re: "World Court" to render judgement on US executions?

bedstuy wrote:

radarman wrote:

(Ok, sure - sometimes crazy stuff happens, but not generally)

Which is why there are international courts. 

You know, you kind of betrayed yourself with that "cheese" comment.

Not really. My thoughts on these international courts is quite clear. I think they are, at best, a waste of time. At worst, they are a dangerous assault on national identity and sovereignty. IMHO, they should be dismantled, and he previous members required to send notes of apology sent to any nation unfortunate enough to have been entangled with them.

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#40 2008-07-17 9:05 am

JakeTheTall
Cargo Cultist
From: Bohemian Club
Registered: 2003-03-13
Posts: 7112

Re: "World Court" to render judgement on US executions?

radarman wrote:

bedstuy wrote:

radarman wrote:

(Ok, sure - sometimes crazy stuff happens, but not generally)

Which is why there are international courts. 

You know, you kind of betrayed yourself with that "cheese" comment.

Not really. My thoughts on these international courts is quite clear. I think they are, at best, a waste of time. At worst, they are a dangerous assault on national identity and sovereignty. IMHO, they should be dismantled, and he previous members required to send notes of apology sent to any nation unfortunate enough to have been entangled with them.

You should have written your government representatives before they turned this into American law, then.


"In other words, don't pay such strict attention to what McCain says because he doesn't speak officially for his own campaign."  Eugene Robinson, Washington Post

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#41 2008-07-17 9:05 am

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 39159

Re: "World Court" to render judgement on US executions?

everlong205 wrote:

Chickenhawk wrote:

radarman wrote:


No, but if I do, I plan to obey the laws where ever I go. I generally find that when you obey the law, these sorts of things don't happen. (Ok, sure - sometimes crazy stuff happens, but not generally)

Had the clowns in question obeyed the law, we wouldn't be having this discussion.

Yes, but if you were in a foreign country, and committed a crime, and were sentenced to a punishment the US feels is barbaric and inhumane, say death by stoning. Would you not want the US consulate placing pressure on that nation to reduce the sentence?

(Mexico does not have the death penalty, and does not extradite to the US unless the death penalty is waived.)

Rather than hoping for the US consulate to bail me out I'd rather not get into situations that would get me thrown in jail. For example. knowing the laws against drug running, and not wanting to see the insides of a turkish prison I'd do my best not to drug run while in Turkey.

Seriously, there are legitimate cases of people being in the wrong place at the wrong time and getting railroaded, but more often than not, people are in foreign countries behaving like jackasses or fools not caring about the laws of the country, and behaving responsibly and assuming that their foreigner status immunizes them against prosecution or that the country they are visiting is exactly like home only more exotic.

The point of consular advice isn't to "bail you out," it's about making sure the person's rights are observed in a country where they may or may not understand the legal system.


"Welcome to real leadership. Doing whats right based on the information at hand, not following the transient whims of public opinion polling." -- Steyr

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#42 2008-07-17 3:25 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 43181
Website

Re: "World Court" to render judgement on US executions?

ShnickyShnack wrote:

Why sign treaties, then enter them into US law, if obeying them is optional? I fail to see the point.

The crime they were accused of and the punishment for the crime if found guilty is the domain of the state.

The constitution does not give the federal government authority to take that right from the state for the purpose of signing a treaty.


I don't believe in gravity, the Earth just sucks.

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#43 2008-07-17 3:58 pm

bratboy
attorney-at-law
Moderator
From: Austin, Texas
Registered: 2003-01-19
Posts: 29204

Re: "World Court" to render judgement on US executions?

That's not what the Supreme Court said, however.

The Constitution reads: 

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

A wiki summary of Medellin:

A treaty is not binding domestic law, it said, unless Congress has enacted statutes implementing it or the treaty itself conveys an intention that it is "self-executing." None of the relevant treaties—the Optional Protocol, the U.N. Charter, or the ICJ Statute—were self-executing, and no implementing legislation had been enacted, the Court found.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#44 2008-07-17 4:00 pm

Jdude
Surfing on waterboarders
From: Home is where the war is
Registered: 2003-02-03
Posts: 2042

Re: "World Court" to render judgement on US executions?

Damn you Bratboy... I was gonna post that. You must have opened your pocket Constitution right before I did. wink


Reviving the MAF / M|LF with excessive posting
Sometimes before replying to a topic, I think to myself: I am just so original!

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#45 2008-07-17 4:01 pm

Chickenhawk
Friends don't let friends hunt drunk
From: The bad air state
Registered: 2005-06-01
Posts: 4655

Re: "World Court" to render judgement on US executions?

Why would you bring facts like the Constitution into this?

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#46 2008-07-17 4:10 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 43181
Website

Re: "World Court" to render judgement on US executions?

bratboy wrote:

That's not what the Supreme Court said, however.

The Constitution reads: 

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

A wiki summary of Medellin:

A treaty is not binding domestic law, it said, unless Congress has enacted statutes implementing it or the treaty itself conveys an intention that it is "self-executing." None of the relevant treaties—the Optional Protocol, the U.N. Charter, or the ICJ Statute—were self-executing, and no implementing legislation had been enacted, the Court found.

If the federal government made a treaty with, oh I don't know, Saudia Arabia, stating that no abortions would be performed in the United States - would that overide Roe vs Wade, or would the supreme court bitch slap the federal government?


I don't believe in gravity, the Earth just sucks.

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#47 2008-07-17 4:13 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 43181
Website

Re: "World Court" to render judgement on US executions?

Nevermind - I mis-read your post.


I don't believe in gravity, the Earth just sucks.

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#48 2008-07-17 4:19 pm

bratboy
attorney-at-law
Moderator
From: Austin, Texas
Registered: 2003-01-19
Posts: 29204

Re: "World Court" to render judgement on US executions?

As I'm guessing you figured out, the U.S. Constitution trumps a treaty.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#49 2008-07-17 7:26 pm

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 39159

Re: "World Court" to render judgement on US executions?

Unless the treaty is signed into law, in which case it simply gets ignored (witness the Geneva Conventions).


"Welcome to real leadership. Doing whats right based on the information at hand, not following the transient whims of public opinion polling." -- Steyr

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#50 2008-07-17 8:17 pm

wellfleation
High on Life
From: Metheun, Mass.
Registered: 2001-11-13
Posts: 7602

Re: "World Court" to render judgement on US executions?

Some peoples crimes are so mortifying and the evidences of the accused so overwhelming against them, death should be swift. They don't deserve a ten year appeal process. It's ridiculous. And the last meal smurf?


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