cthia wrote:This is also an area of contention that I already tried to breach with my post admonishing Beowulf with possibly putting the cart before the horse since they are basing their right or cause to secede on the League's illegal and aggressive actions, which seems to constitute a conflict of interest and a bit premature, as I penned before.
Which is all about why I included the definition of plebiscite. Not because I was challenging anyone's intellect, but to point out that in no way does a plebiscite indict the League. It seems that the address of the plebiscite should be...
"We have convened to determine if we shall secede, if and when, it is ascertained whether the League is unilaterally acting without benefit of adhering to their Constitution."
zyffyr wrote:You are rather incorrect. They are basing their right on the explicit permission in the SL Constitution, not on the legality of the Mandarin's actions. The actions leading to the vote do not in any way affect the legality. They could do it for any reason at all - "We just decided that the SL flag is an offensive color, so we are leaving" would be technically valid, though unlikely to actually get enough votes.
As such, your proposed alteration is absolutely unnecessary.
cthia wrote:A circular argument.
"Not in the middle of a war and in accomplice with mine enemy."
Beowulf was bad. And Beowulf has need to soothe the savage beast that paints it a traitor. Or it may be hit with the effect that the lack of protection affords one who is now bereft of the one protection afforded by the 800# beast that enforces the edict.
A) The only (de facto)
shooting war is the GA against the Solarain League. This is a one way war.
B) The Solarian League is not at war, until the League Assembly votes out a declaration of war. As of right now, the best they can be said to be doing is they are conducting 'police actions', defending the League under Article 7. So says the League constitution, and so say the Mandarins.
C) If you say that the League is at war, then Beowulf has every right to leave the League, lawfully as enshrined in the League constitution, as well as the moral right and obligation to do so. Beowulf has the right and duty to oppose the Mesan Alignment and all those supporting the Alignment. The Solarian League and the Mandarins, knowingly and unknowingly, are supporting the Mesan Alignment, and as a result are putting the League in danger of war crimes. Beowulf, knowing this, would be in itself guilty of knowingly (aiding and abetting) war crimes,
if, and only if, it did
NOT leave the League in accordance with its right to do so under the League constitution.
Therefore, "Not in the middle of a war and in accomplice with mine enemy."
under the circumstances actually existing means:
A) There is no war
as yet with the League against the GA. "Not in the middle of a war" does not apply.
B) Since the League is not at war with the GA, "and in accomplice with mine enemy" does not apply.
cthia wrote:
Which cues another question I've been meaning to ask.
The right to secede is included in the Constitution. But is there also a written or even an unwritten clause regarding loyalty in the face of a formal declaration of war? It seems that there is, since the letter of the law seems to hinge on whether the League has formally declared war. *
Which all begets a circular argument. Which brings us right back to the possibility that...
"Beowulf was bad."
And it may not be what the law says, but what her would be accusers say.
Circular argument, indeed.
A)
If, and only if, there was a hypothetical written clause regarding loyalty in the face of a formal declaration of war, such a clause would only take effect if the League Assembly voted for it, with no single member casting a veto against it.
B) If Beowulf is not permitted to secede by the League as its right under the League constitution, Beowulf will veto the proposed declaration of war against the GA. If Beowulf vetoes the proposed declaration of war against the GA, no state of war exists and the hypothetical written clause regarding loyalty does not take effect.
C) If Beowulf is permitted to secede from the League as guaranteed under the League constitution, Beowulf is not bound by League law, except any treaties it may enter into with the League subsequent to its leaving the League. The hypothetical written clause regarding loyalty would take effect, but would apply only to League members. Since Beowulf is no longer a League member, the hypothetical written clause would not apply to Beowulf.
D) In a legal context, written law trumps unwritten customs and laws. Written fundamental (constitutional) law trumps all other law.
cthia wrote:Which brings me to question #2.
We have all concluded—well I only reluctantly cast my vote—way back when the forum held its own plebiscite as to whether the RMN should attack the League in an almost unanimous decision to 1—and I'm not admitting to being that single holdout—that such an attack would only serve to rally the troops and stop the League from fracturing.
If the League's government decides that Beowulf is indeed traitorously bad and attacks and kills many innocent civilians, accidentally, by MA design, or by planned happenstance (LOL) then would that finally green light an RMN attack against the League even if and considering that the League's own government has legally concluded that Beowulf was traitorous?
* Which then of course implies and calls attention to the fact that the force entering Beowulf's system and requesting admittance through Beowulf's junction would have had to have its request granted. Regardless of the consequences. Which pulls again at the frayed thread of the League's contention that...
"Beowulf was bad. Very very bad."