International Security and Policing (InterSPol) Act 2023

[Sertia]

International Security and Policing Act 2023

This act establishes the International Security and Policing agency (InterSPol) to aid in the prevention of major international crime within the European Union. This act outlines the powers of the European Council, European Nations and INTERSPOL to promote safety and security across the EU, and to protect the interests of nations and nationals.

Schedule 1: Powers and duties of InterSPol
I. The International Security and Policing agency will have the main objectives to prevent international crime and to prevent and counter acts of terrorism.
II. All EU member nations are pre-authorised to participate in InterSPol.
III. The custody and jurisdiction of InterSPol shall not be hindered by any internal EU borders.
IV. Each member nation will appoint an InterSPol Special Constable, responsible for ensuring the compliance of their state with the regulations of InterSPol.
a. InterSPol Special Constables will be answerable to and subject to review by the European Council before they are appointed.
b. Once appointed, a Special Constable may not be removed from their role unless they are removed as such by the European Council.
c. All special constables will have access to a central InterSPol computer and security system.
d. A special regulating body, the Office for International Policing Management (Ofip), will be established independently of InterSPol to ensure the compliance of InterSPol with its own rules.
V. The method of appointment and retention for InterSPol Special Constables will be the same as the method of appointment and retention for EU councillors.
VI. InterSPol must comply with all international humanitarian regulations.
VII. Members of InterSPol may be appointed from local police forces, or a relevant equivalent, and local police forces may enforce warrants issued by InterSPol unless they are not legally recognised by Ofip.
Schedule 2: Jurisdiction and powers of InterSPol
I. A local or international body of InterSPol may issue a warrant of arrest to another country’s InterSPol if
a. An individual or collective of individuals has an outstanding offence in their country of origin, and they have since left their country of origin. The following requirements must be met for a warrant to be issued in this circumstance:
i. The petition must cite the offence within the nation’s legal code,
ii. The petition must detail the legal consequences of the offence,
iii. The petition must disclose the level of danger which an individual or collective may pose to the general public within the current host country and country in which the event took place.
b. Warrants issued under the previous paragraph can be cited as Schedule 2a warrants.
c. An individual or collective has committed an offence in one country, and passed through one or many countries before arriving in a third country. The following requirements must be met for a warrant to be issued in this circumstance:
i. All which follow from Schedule 2, I.a.i – I.a.iii,
ii. The country where the offence took place must notify the other relevant countries of international criminal activity,
iii. The countries through which the offender(s) passed must report the timestamp at which they were notified of such criminal activity occurring before a warrant is issued.
II. InterSPol will approve a Schedule 2a warrant unless
a. Passages I.a.i – I.a.iii are not met
b. The offence for which the warrant is being petitioned violates clearly established international humanitarian law.
i. It will be the duty of the Special Constable in the receiving country to determine whether a warrant can be issued.
III. Under no circumstances will InterSPol issue any warrants for the violation of immigration laws of member nations.

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Councillors,
I see this act as a necessary tenet of cooperation among all of us. This act recognises the independence and culture of each member nation while reducing the opportunities for terrorists and dangerous criminals to operate within our borders. We are safer together. Thank you for your consideration.

[Istkalen]

Debate begins now and will continue until 23:59 GMT on 10 April 2023.

Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

[BrumBrum]

I support this act however one area that concerns me is the idea that those with diplomatic immunity could be arrested by this Interspol. While I appreciate there would be checks and balances there should never ever be a time diplomatic immunity is compromised. There is a reason for it to stop abuse by states , if there is even the perception a new InterSPol could be corrupted and misused this way that would undermine the confidence in the organistion. Even the appearance of a potential for corruption of this cannot be allowed. Therefore I will be tabling amendments to remove the ability to undermine diplomatic immunity or arrest those with immunity. Issues with diplomats should be dealt with by nations using the diplomatic protocol established and request the removal of diplomats if they act up too much or revoke the embassy if the state of the diplomat refuses to remove them from the position but never should arresting be allowed. In the event of a crime so severe it warrants an arrest the state should apply for the removal of diplomatic immunity to the state of the diplomat.The EU or its organisations should not overide diplomatic immunity. I therefore propose the following amendment:
Schedule 2: Jurisdiction and powers of InterSPol
I. A local or international body of InterSPol may issue a warrant of arrest to another country’s InterSPol if
a. An individual or collective of individuals has an outstanding offence in their country of origin, and they have since left their country of origin. The following requirements must be met for a warrant to be issued in this circumstance:
i. The petition must cite the offence within the nation’s legal code,
ii. The petition must detail the legal consequences of the offence,
iii. The petition must disclose the level of danger which an individual or collective may pose to the general public within the current host country and country in which the event took place.
b. Warrants issued under the previous paragraph can be cited as Schedule 2a warrants.
c. An individual or collective has committed an offence in one country, and passed through one or many countries before arriving in a third country. The following requirements must be met for a warrant to be issued in this circumstance:
i. All which follow from Schedule 2, I.a.i – I.a.iii,
ii. The country where the offence took place must notify the other relevant countries of international criminal activity,
iii. The countries through which the offender(s) passed must report the timestamp at which they were notified of such criminal activity occurring before a warrant is issued
d. Warrants of the above type can be cited as Schedule 2c warrants.
II. InterSPol will approve a Schedule 2a or Schedule 2c warrant unless
a. Passages I.a.i – I.a.iii are not met
b. The offence for which the warrant is being petitioned violates clearly established international humanitarian law.
i. It will be the duty of the Special Constable in the receiving country to determine whether a warrant can be issued.
III. Where an offence was committed, and it is believed the offending bodies are present (legally or not) within the same country or jurisdiction, a warrant for arrest will NOT be issued by InterSPol unless
a. The offending part(ies) possess indefinite diplomatic immunity,
i. If diplomatic immunity expires within 14 days following the petition for a warrant, InterSPol will reject the application for a warrant
b. It is substantially or highly likely that a serious act of terrorism will imminently occur, with serious consequences for other surrounding nations or territories.
IV. Under no circumstances will InterSPol issue any warrants for the violation of immigration laws of member nations.

[Sertia]

I would like to thank the Duchian councillor for his suggestion, which I would support. That provision was added as an appeasement clause in order for the more conservative members of the Brætha to agree to the act being tabled for the council. I, however, agree that we must protect the immunity of international representatives.

[California]

I support the changes and applaud the concept.

[Istkalen]

While we are supportive of the establishment of an international agency for European coordination on matters of crime and public safety, the Republic of Istkalen has certain issues with the act as it stands, though these are not so major as to prevent support. In particular, we are concerned about the meaning of the terms "humanitarian," "humanitarian regulations," and "humanitarian law;" corresponding to no legally established category of law, we fear that these may be used by unscrupulous actors either to prevent the extradition of genuine criminals or to confound said process.

I therefore propose the following amendment:

AMENDMENT II
Remove all references to 'humanitarian.'

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Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

[Spain]

I request a debate extension, as the Premier Commissioner would like to intervene on this debate.

Donald Tusk
Councillor for Spain

[Istkalen]

Debate will be extended to 23:59 GMT on 15 April 2023.

Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

[Istkalen]

Debate will further be extended to 23:59 GMT on 18 April 2023. No further extensions will be given.

Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

[Spain]

Good evening Councillors and specially to Cllr. Dina and the Speaker of the European Council.

Firstly, I would like to thank Councillor Dina for recovering one of my old proposals from my Internal Affairs Commissioner era, that took place between 2020 and 2021. Back to those dates, I proposed the creation of EUROPOL, which I wanted to become "the common link between police forces all around Europe". Now, with a way different name, the Sertian Councillor is making this real.

I only wanted to speak for two reasons: the first one, to thank Councillor Dina for her effort and her commitment to an idea that fell into ignorance after I left the office and none of my successors ever resumed. The second one, to show my support for the idea. Maybe this should have been pushed forward by the European Commission, or jointly, but the thing is that this proposal has been made and that is a reality.

With that said, I hope it passes. And congratulations, Councillor, for proposing such an important act today.

Jean-Claude Juncker
Premier Commissioner

[Istkalen]

Debate has ended. One amendment has been proposed, as follows:

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AMENDMENT I

Schedule 2: Jurisdiction and powers of InterSPol
I. A local or international body of InterSPol may issue a warrant of arrest to another country’s InterSPol if
a. An individual or collective of individuals has an outstanding offence in their country of origin, and they have since left their country of origin. The following requirements must be met for a warrant to be issued in this circumstance:
i. The petition must cite the offence within the nation’s legal code,
ii. The petition must detail the legal consequences of the offence,
iii. The petition must disclose the level of danger which an individual or collective may pose to the general public within the current host country and country in which the event took place.
b. Warrants issued under the previous paragraph can be cited as Schedule 2a warrants.
c. An individual or collective has committed an offence in one country, and passed through one or many countries before arriving in a third country. The following requirements must be met for a warrant to be issued in this circumstance:
i. All which follow from Schedule 2, I.a.i – I.a.iii,
ii. The country where the offence took place must notify the other relevant countries of international criminal activity,
iii. The countries through which the offender(s) passed must report the timestamp at which they were notified of such criminal activity occurring before a warrant is issued
d. Warrants of the above type can be cited as Schedule 2c warrants.
II. InterSPol will approve a Schedule 2a or Schedule 2c warrant unless
a. Passages I.a.i – I.a.iii are not met
b. The offence for which the warrant is being petitioned violates clearly established international humanitarian law.
i. It will be the duty of the Special Constable in the receiving country to determine whether a warrant can be issued.
III. Where an offence was committed, and it is believed the offending bodies are present (legally or not) within the same country or jurisdiction, a warrant for arrest will NOT be issued by InterSPol unless
a. The offending part(ies) possess indefinite diplomatic immunity,
i. If diplomatic immunity expires within 14 days following the petition for a warrant, InterSPol will reject the application for a warrant
b. It is substantially or highly likely that a serious act of terrorism will imminently occur, with serious consequences for other surrounding nations or territories.
IV. Under no circumstances will InterSPol issue any warrants for the violation of immigration laws of member nations.

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Voting on amendments will begin NOW and continue until 23:59 on 16 May 2023.

Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

[BrumBrum]

On behalf of United Duchies I vote FOR this amendment.
James Mizrachi-Roscoe,Councillor for United Duchies

[California]

On behalf of the United Kingdom, I vote for the amendment.

Ed Miliband

[Mishar Republic]

On behalf of the Mishar republic I ABSTAIN from voting.
Mrs. Susie Dakota, Councilor for the Mishar republic.

[Istkalen]

With two votes for, the amendment has passed.

Final voting begins now and will continue until 23:59 GMT on 27 May 2023.

Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen

[BrumBrum]

On behalf of United Duchies I vote FOR this act
Councillour for United Duchies , James Mizrachi-Roscoe

[California]

On behalf of the United Kingdom, I vote for this act.

[Istkalen]

With two votes FOR, this act has passed.

Iras TIlkanas
Council Speaker and Councillor for the Republic of Istkalen