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#(not sure if I should tag the main tag but idec anymore like I'm so annoyed when I see that)
aceprosecuties · 6 years
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I'm not a Ph.D candidate by any means BUT I have studied Politics and... yeah... there's no way he could be prosecuted... I'd never thought of it that way but you make a really good point and I'm now annoyed with you
Like I’m not an IR scholar (my area is more comparative and American), but I know the basics surrounding international law and so it just bothers me when people are like “oh prosecute Nahyuta he’s just as guilty as Ga’ran!!!!!1″ 
First of all, of the international courts available, an attempt to prosecute him would have to go through the ICC - the ICJ is just for disputes between nations and the ICTY is only for crimes committed during the Yugoslav wars.  
The International Criminal Court is not something that people can just use for anything; it specifically was created to prosecute certain crimes that the international community found especially heinous, such as genocide and other crimes against humanity and war crimes.  This also comes into play only if the national court does not have an active investigation - since Ga’ran already has been imprisoned by her own state, there is no need for the ICC to get involved.  Nahyuta is not being shielded so much as has been recognized as a victim of her, and even the ICC has said that heads of government/state could be held liable for the actions of their subordinates in certain situations.  I would say actively threatening/forcing Nahyuta to do what he did constitutes her being liable for any of his wrongdoing. 
The ICC “focus[es] its investigations and prosecutions on those who, having regard to the evidence gathered, bearthe greatest responsibility for such crime.” (from Understanding the ICC document).  Again, Nahyuta is not this person - this person is Ga’ran.  Again, Ga’ran has already been put into prison and (if not at the end of 6, assumed afterwards) prosecuted by her own nation, so there is no need for the ICC to get involved at all. 
Even if we wanted to assume that Nahyuta was not under extreme duress, he still wouldn’t be able to be prosecuted in the ICC because what he has done does not constitute any of the crimes the ICC prosecutes.  There was no genocide committed; even Ga’ran did not commit the act of genocide, which is a very serious crime.  Khura’in wasn’t at war, so war crimes is off the table.  Crimes against humanity is more widespread, so I personally don’t think it would fall under that either.  
Also, it becomes complicated if Khura’in did not recognize the Rome Statute - since the ICC has no police force, it relies on the state governments to arrest individuals.  If Khura’in has not acknowledged the ICC, they could consider it an act of aggression if another state’s police come in and try and arrest their new leader (whom, based on the ending of 6 has been acknowledged as a victim of Ga’ran himself and is nationally adored), and thus it could lead to an international crisis.  International law gets tricky since state sovereignty is usually what leaders care about the most, especially according to realist interpretations of international relations.  
I’ve already explained briefly in my slideshow about politics in AA6 that Interpol wouldn’t have gotten involved and that hasn’t changed. 
I can go on, but basically, saying that Nahyuta Sahdmadhi should and could be prosecuted on an international level is just.........incorrect on so many levels.  Not to mention it erases his status as a victim and pawn of Ga’ran himself, and makes it imply that he was fully compliant and willing and not a hostage in his own right.  Don’t cheapen his story just because he was mean to Phoenix/Apollo/Athena throughout the game up until the final case. 
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