Treaty of Teldrin (1684 AN)

The Second Treaty of Teldrin is an agreement between the Imperial Republic of Shireroth and the Kingdom of Ransenar that established a legal and humanitarian context for a tribunal to judge the activities of the Guttuli Protectorate, its leadership, and co-conspirators, namely for its actions upon the native population of Lunaris.

The charter stipulates that crimes committed upon the native population of Lunaris could be tried. The four categories of crimes that were established in the charter were genocide, inhumane treatment, aggression, and war crimes.

The Treaty of Teldrin was developed by a commission composed of officials from Shireroth and Ransenar, who met for the first round of talks in Shirekeep and then for the final round of talks in the city of Teldrin. The Charter and its definitions of crimes have also become a basis for Ransenari law, after its swift signing and ratification by the Ransenari Congress. In the ratification bill in the Ransenari Congress, a cross-party group of members of Congress approved an amendment stating that the Charter would be incorporated in the Ransenari criminal code. The amendment was approved unanimously.

Text

A TREATY

between the

IMPERIAL REPUBLIC OF SHIREROTH

and the

KINGDOM OF RANSENAR

The Imperial Republic of Shireroth and the Kingdom of Ransenar, for the prosecution and punishment of major crimes by and for the so-called Guttuli Protectorate, do therefore agree to convene a tribunal to perform judgment, and charter this tribunal with the following powers and responsibilities:

ARTICLE 1.

1. A joint Tribunal shall be established for the just and prompt trial and punishment of the major criminals of or associated with the Protectorate Regime currently holding power in the lower Red Elwynn region.
2. The Tribunal shall consist of four members, two each provided by each of the signatories. In case of illness or other incapacity of any member of the Tribunal, an alternate shall be assigned to complete their duty.
3. The presence of all members of the Tribunal shall be necessary to constitute the quorum.
4. The members of the Tribunal shall, before any trial begins, select from among themselves a President, who will hold office during the trial. The principle of rotation of presidency for successive trials is agreed.
5. Rulings shall be determined by a majority vote among the members, as shall the punishment to be levied.
6. In case of need and depending on the number of the matters to be tried, other Tribunals may be set up; and the establishment, functions, and procedure of each Tribunal shall be identical, and shall be governed by this Charter.

Article 2.

1. The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major criminals who have authority in the Regime currently holding power in the lower Red Elwynn region, or who have used their authority and means to support that Regime in its capacity to commit crimes.
2. The following acts, or any of them, are the crimes by which the Tribunal shall judge and levy punishment:

   (a) GENOCIDE: namely, acts committed with the intent to destroy, in whole or in part, a national or ethnic group, such as extrajudicial killing, ill-treatment, enslavement, severe deprivation, restriction of births, and/or forced removal of offspring;

   (b) INHUMANE TREATMENT: namely, acts committed against any civilian population in a widespread or systematic fashion that degrade the humanity of its victims, such as extrajudicial killing, ill-treatment, enslavement, forced relocation, severe deprivation, enforced segregation, sexual violence of significant measure, such as forced prostitution, forced pregnancy, forced sterilization, et al.;

   (c) PILLAGE: namely, the plunder of public or private property, seizure of real estate, industrial equipment, and the like, including for personal enrichment or aggrandizement;

   (d) AGGRESSION: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;

   (e) WAR CRIMES: namely murder or ill-treatment of prisoners of war, killing of hostages, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.

3. Accessory, namely the provision of moral and material aid for the furtherance of a crime, shall be punishable in the same manner and to the same extent as that of the crime itself.
4. Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.
5. The official position of defendants, whether as Heads of State or responsible officials in Government Departments, shall not be considered as freeing them from responsibility or mitigating punishment.
6. The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determines that justice so requires.
7. At the trial of any individual member of any group or organization the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organization of which the individual was a member was a criminal organization.
8. The Tribunal shall have the right to take proceedings against a person charged with crimes in their absence, if they have not been found or if the Tribunal, for any reason, finds it necessary, in the interests of justice, to conduct the hearing in their absence.
9. The Tribunal shall draw up rules for its procedure. These rules shall not be inconsistent with the provisions of this Charter.

Article III.

1. The Tribunal shall have the power

   (a) to summon witnesses to the Trial and to require their attendance and testimony and to put questions to them,

   (b) to interrogate any Defendant,

   (c) to require the production of documents and other evidentiary material,

   (d) to administer oaths to witnesses,

   (e) to appoint officers for the carrying out of any task designated by the Tribunal including the power to have evidence taken on commission.

2. The Tribunal shall not be bound by technical rules of evidence. It shall adopt and apply to the greatest possible extent expeditious and nontechnical procedure, and shall admit any evidence which it deems to be of probative value.
3. The Tribunal may require to be informed of the nature of any evidence before it is entered so that it may rule upon the relevance thereof.
4. The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof.
5. The function of Counsel for a Defendant may be discharged at the Defendant's request by any Counsel professionally qualified to conduct cases before the Courts of his own country, or by any other person who may be specially authorized thereto by the Tribunal.
6. The proceedings at the Trial shall take the following course:

   (a) The Indictment shall be read in court.

   (b) The Tribunal shall ask each Defendant whether he pleads "guilty" or "not guilty.

   (c) The prosecution shall make an opening statement.

   (d) The Tribunal shall ask the prosecution and the defense what evidence (if any) they wish to submit to the Tribunal, and the Tribunal shall rule upon the admissibility of any such evidence.

   (e) The witnesses for the Prosecution shall be examined and after that the witnesses for the Defense. Thereafter such rebutting evidence as may be held by the Tribunal to be admissible shall be called by either the Prosecution or the Defense.

   (f) The Tribunal may put any question to any witness and to any defendant, at any time.

   (g) The Prosecution and the Defense shall interrogate and may crossexamine any witnesses and any Defendant who gives testimony.

   (h) The Defense shall address the court.

   (i) The Prosecution shall address the court.

   (j) Each Defendant may make a statement to the Tribunal.

   (k) The Tribunal shall deliver judgment and pronounce sentence.

Article IV.

1. The judgment of the Tribunal as to the guilt or the innocence of any Defendant shall give the reasons on which it is based, and shall be final and not subject to review.
2. The Tribunal shall have the right to impose upon a Defendant, on conviction, death or such other punishment as shall be determined by it to be just.
3. In addition to any punishment imposed by it, the Tribunal shall have the right to deprive the convicted person of any stolen property and order its delivery to the appropriate authority.

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SIGNED FOR THE KINGDOM OF RANSENAR:

• Salome, Queen of Ransenar;
• Sean O'Callaghan, Lord Chief Steward.

SIGNED FOR THE IMPERIAL REPUBLIC OF SHIREROTH:

• Salome, Kaiseress of Shireroth;
• Lord Chrysostom Wythe, Imperial Steward.