WLA 69: Powers of Arrest

A Bill for an Act

World Legislative Act Number 69

World Federal Powers of Arrest

Short title:

 Powers of Arrest

Whereas, the Provisional World Parliament has already adopted comprehensive legislation prohibiting the various conditions and activities of war and multiple crimes of humanity that are antecedent to war (1982, 2003, 2006, 2009, 2010, 2013 and other sessions);

Whereas, the Provisional World Parliament has deliberated and adopted a comprehensive world penal code (December 2003);

Whereas according to world legislation the comprehensive prohibitions of world legislative acts 1 and 13 came into force 180 days from their amendment and adoption, respectively,  on 26 March 2003, meaning that the date of entry into force for civil and criminal cases was September 11, 2003. Therefore, the World Parliament has already authorized general warrant procedures and arrest activities for nearly all possible violations of world legislation and world law;

Whereas, Article 17.2.2, Article 17.3.10 and 17.4.5. of the Earth Constitution provisions for progressive implementation, effective continuity, and continual development of structure and activity of the Earth Federation make clear that the independence of the Earth Constitution does not make provisional world legislation of the World Parliament a model, but rather that nations and peoples have the power to amend or repeal world legislation, even if already adopted by the World Parliament; and that therefore the world legislation of the World Parliament is true law, even though in provisional stage; And that, as observed and decided at the ninth session of Provisional World Parliament at Tripoli, Libya, in April 2006, that Article 19.5.3. of the Earth Constitution makes enforcement a voluntary (optional) act of the Earth Federation’s enforcers, rather than a criminal option to behave, being thereby disparaged, scorned and ridiculed by the criminals of the world;

Whereas, the structure for a comprehensive Criminal Case Bench of the World Court of the Earth Federation was defined and adopted in 2003;

Whereas, that World Court, though primarily based on and nearly identical to the International Criminal Court, [within about 95% identical in text to the work of the renowned jurists, the Honorable Koroma, the Honorable Crawford and the Honorable Thiam], the World Parliament adopted version answers completely all objections offered by states of the world not parties to the Rome Statute, while being true to the initiating spirit of the original, the new World Court being world federal, independent, world constitutional and not politicized;

Whereas, the World Court of the Earth Federation is not a violation of sovereignty as is the International Criminal Court, and whereas the World Court of the Earth Federation is not open to politicization as is the International Criminal Court;

Whereas, the comprehensive Rules of Procedure for the World Court (World Legislative Act Number 24) were also adopted in December 2003, and are in force, with qualifications allowing world judges reasonable discretion in conducting cases during the provisional stage of Earth Federation, under Article 126 of World Legislative Act Number 20;

Whereas, Elements of Crimes were also adopted by the World Parliament from the Rome Statute Family of Statutes, and are in force, though also under qualification in accordance with the World Penal Code – Act 19, in effect as of 28th December 2003;

Whereas, by April 2006, the World Parliament had also adopted comprehensive world federal immunities and privileges;

Whereas, in 1982, 2003, 2006 and 2009, and 2013, extensive legislation defining the structure, responsibilities, officer roles and activities of the World Disarmament Agency were comprehensively defined by the World Parliament, such that the Disarmament Agency is wholly integrating with the Enforcement System, the World Court System and other branches of Earth Federation as defined in the Earth Constitution;

Whereas, the World Parliament has already defined a comprehensive structure for the Enforcement System, as well as a thorough description of allowed, recommended and prohibited instruments of defense as tools of civil enforcement of criminal law of the Earth Federation (World Legislative Act Number 14, March 26, 2003); 

Whereas, the World Parliament began the process of warrant description and process, under Article 16 of World Legislative Act Number 14, also on March 26, 2003;

Among the few steps that the World Parliament has not taken is to specify the legal arrest restraints on the Enforcement System officers, and legal arrest restraints on the public in general—up until now the World Parliament had not yet drawn the legal distinction of general roles for enforcement at the world federal level—who can do what, under various conditions of warrant, or absence of warrant;

Whereas, without such specified restraints on powers of arrest, there is very real danger that enforcement officers and the public may begin to take matters into their own hands without adequate legal guidelines for apprehension and that attempts to enforce or refrain from enforcing world law would likely cascade into further general overt violence without apprehension, overreach of agents of apprehensions, further social turmoil and general internal war—internal world war being now fundamentally nuclear in nature;

Whereas there is a very real necessity to clearly define the vital enforcement role of latter day member militaries within the provisional and early operative stage of Earth Federation, and to do so without impractical notions and sanctimonious moralizations regarding war and peace, and without pressing for simplistic structures, for the arrangement of a good world Enforcement System;

Whereas, under customary law, governments have also been able to request and contract for help from private individuals or private agencies as an auxiliary mode of enforcing warrants, and as this contractual power is likely especially needed in the formation of Earth Federation;

Whereas, among the greatest urgencies is to create strong intelligent protections of humanity’s civil liberties, and whereas the public definition of powers of arrest are fundamental for clarifying our civil duties as well as our civil rights;

Whereas, the enforcement roles of the non-officer citizen residents and officers of Earth Federation have to be defined and clarified to prevent abuse and vigilantism;

Whereas, the role of the enforcement system is not to provide personal protection to anyone in particular, regardless of status, but rather to provide protection to the whole of humanity by enforcement of the world law, the Earth Federation, and with protection thereby to all sentient life under the principles of Earth Constitution Article 16.2.3.;

And, as the general public has a right to know its enforcement limits and responsibilities;

This 15th session of World Parliament decrees and defines these powers of arrest:

1. General categories of powers of arrest are defined:  

1.1. Official Earth Federation power of arrest;

1.2. Sub-jurisdictional official power of arrest;

1.3. Corporate power of arrest;

1.4. General public power of arrest; and

1.5. During provisional, 1st and 2nd operative stages, Member state Military power of arrest.

[Note: The Earth Constitution warrant process is Napoleonic, rather than strictly the English system, in that the Enforcement System and the World Ombudsmus branches have the constitutional power to issue and process warrants as well as the Judiciary.]

Official Earth Federation powers of arrest are largely defined in Earth Constitution Article 10, and in world legislative act number 14. Earth Federation enforcement officers while on duty shall retain instantaneous communication with Dispatch of World Attorneys General office. Earth Federation officer communication to Dispatch is sworn testimony. 

Officers observing world felony or world misdemeanor in progress, or who observe reasonable cause (but not mere suspicion) have power to file electronically or by phone for warrant process. The warrant must describe the person or place where the warrant is to be effected, the probable cause and the time of the warrant.

World federal officers may issue citations for world infractions without warrant, provided no arrest but citation delivery is involved.

World Citations are subject to hearing in World Court.

2. Sub-jurisdictional Powers of Arrest

2.1. World federal officers must not pursue offenses that are sub-jurisdictional alone, unless requested to do so by an Earth Federation sub-jurisdiction. [For instance, World Districts and world regions are not sub-jurisdictions, but Earth Federation member states, member counties and member municipalities are.]

2.2. If so requested, world federal officers may apply through Dispatch to World Attorneys General a world federal sub-jurisdictional assistance warrant. World federal officers shall possess warrant to assist in sub-jurisdictional arrests. The World Attorneys General office warrant shall include explanation of how the arrest upholds the full faith and credit clause and freedom of choice clause of Article Section 14.1.1 and 14.1.2 of the Earth Constitution.

2.3. World Federal Officers are empowered to deputize any sub-jurisdictional officer or any private (civilian) adult, subject to deputization being voluntary (without duress) on the part of the deputy. Deputized volunteers are entitled to a pro-rated share of any outstanding bounty for time and risk of the deputization, to be determined by a subsequent World Attorney General Office bounty hearing.

2.4. Sub-jurisdictional official power of arrest

An enforcement officer of a sub-jurisdiction of the Earth Federation may effect an arrest for a world felony based on direct knowledge (observation), or by cooperation based on possession of a valid search or arrest warrant from the World Attorneys General Office. Some evidence alone without warrant, is not adequate grounds for search or arrest; nor is suspicion. (false arrest is unlawful, world class 1 felony).

2.5. General sub-jurisdictional requirement of warrant process

This act supplements and does not complement sub-jurisdictional warrant process. Member sub-jurisdictions are required to produce warrants for arrests, but these need not mirror exactly the world federal warrant process. (Sub-jurisdictional warrant process may be similar to English system, Napoleonic system or other system, according to the sub-jurisdiction’s constitutional processes.)

If a sub-jurisdiction does not have warrant process requirement in its respective sub-jurisdictional constitutional processes, the sub-jurisdiction shall submit a plan for warrant process to the Constitutional Bench of the Earth Federation within six months of preliminary ratification of the Earth Constitution or within six months of accession to the Earth Constitution. (When 90% of world districts comprising the sub-jurisdiction have ratified the Earth Constitution.) The Constitutional Bench shall decide whether the process is adequate. If not, the Constitutional Bench shall give instructions for meeting requirements.

3. Corporate power of arrest

3.1. a corporate officer may effect an arrest for a world felony based on direct knowledge (observation), or by cooperation based on possession of a valid search or arrest warrant from the World Attorneys General Office. Some evidence or suspicion alone without warrant is not adequate grounds for search or arrest (false arrest is unlawful, world class 1 felony).

3.2. Corporate security retains its customary lower jurisdictional powers of arrest for trespass, theft or vandalism of corporate property or employee property.

3.3. If a primary purpose of a company having a command structure is for providing contractual security services, that company shall register with the World Attorney General office. Security firms with command structure are subject to licensing requirements set by the World Attorney General office and the World Parliament.

4. General public power of arrest 

4.1. Private citizens (adult world district residents) may report on world infractions, world misdemeanors or world felonies on observed or suspected world felonies, whether the alleged violations are observed or merely suspected. 

4.2. A private citizen must not arrest on mere suspicion of world felony. A private citizen must not arrest for world misdemeanor or world infraction. False arrest is unlawful (world class 1 felony).

4.3. A private citizen who has direct observation or knowledge of violation of a world felony may arrest an observed violator, effecting a citizen’s arrest upon probable cause without prior issued warrant. An arresting citizen shall communicate immediately to the world police or World Attorneys General office to file sworn report and charges.

4.4. Due to legal risks involved to private citizens, World Parliament does not recommend (does not encourage) citizen’s arrest without prior issued warrant. Generally, citizen’s arrest is appropriate when a citizen directly observes a felony in progress and is in fear for life or immediate bodily harm to themselves or others.

5. During provisional, 1st and 2nd operative stages, Member state military power of arrest: 

5.1. During the provisional, 1st and 2nd operative stages of Earth Federation, member states’ militaries are specifically exempt from requirement of disclosure or registration of any instruments of defense suitable for law enforcement (IDSLE), including munitions suitable for law enforcement. Suitability is determined exclusively by world legislation of the World Parliament and not by any international convention (e.g.: Assembly of States Parties, United Nations General Assembly or other international deliberative body.) 

During the provisional, 1st and 2nd operative stages of Earth Federation, member states’ IDSLE, including IDSLE munitions is confidential. Breach of confidentiality is unlawful (world class 1 felony). This provision upholds the Earth Constitution Article 14.1 full faith and credit clause. Sub-jurisdictional law enforcement may enforce against violations of this provision without recrimination.

5.2. During the provisional, 1st and 2nd operative stages of Earth Federation, member states’ governments and militaries do not publicly disclose number, movement or location of member states’ troops. Likewise, officers of the Earth Federation are prohibited from public disclosure of number, movement or location of member states’ troops, provided the respective troops are not in violation of world legislation. Breach of confidentiality is unlawful (world class 1 felony). This provision upholds the Earth Constitution Article 14.1 full faith and credit clause. Sub-jurisdictional law enforcement may enforce against violations of this provision without recrimination.

5.3. During the provisional, 1st and 2nd operative stages of Earth Federation, member states’ militaries’ officers and service members have the same powers of arrest as law enforcement officers of the Earth Federation, except that no warrant is required for the arrest of anyone that is not subject to decision of the world court of the Earth Federation, of anyone who is at war (declared or not) with that member’s state or with the Earth Federation, or of anyone who is engaged in armed incitement to violence against the member state or the Earth Federation.

5.4. Without prior warrant, commanding military officers may direct sub-ordinates to arrest a suspect. In keeping with Earth Constitution Article 14.1. provision for full faith and credit to member states, sub-ordinate military personnel shall obey any orders to arrest from their commanding officers, providing these are legal orders.

5.5. Court martial of the respective state may determine the condition of war of the suspect (not prior national declaration), with court martial decision open to appeal to any bench of the World Court of the Earth Federation, provided defendant agrees to be subject to the World Court ruling.

Arrested suspects have the right of habeas corpus, and the right to hearing in the human rights bench of any world district court, where the human rights bench shall decide whether the case is to be heard therein, to be dismissed, to be remanded to the World Bench for Criminal Cases or to be remanded back to sub-jurisdictional court martial.

6. Full powers of arrest is the power to arrest upon the direct observation or knowledge of a world felony or world misdemeanor, the power to apply for and effect a warrant of the World Attorneys General Office, of the World Ombudsmus or of the World Court; and the power to issue citations for infractions against the Earth Federation.

7. List of officials (officers) of the Earth Federation with full powers of arrest: 

7.1. Any officer of the Enforcement System not an officer of the conflict resolution department;

7.2. any officer of world ombudsmus;

7.3. any bailiff of world judiciary or any world judge; 7.4. during provisional, 1st and 2nd operative stages, any service member or military officer of any state or continental federation that has given preliminary or final ratification to the Earth Constitution.

8. Fugitive Hunting Powers of Arrest –

8.01. The World Attorneys General office may assign a budget and specific Earth Hour monetary rewards for private individual or private security company assistance in the apprehension of suspects for whom a felony search or arrest warrant has been issued. Budget is subject to approval of the World Parliament.

8.02. Any adult resident of the Earth Federation may register with the World Attorneys General office to take initiative to assist in the apprehension of any suspect for whom a felony search warrant or felony arrest warrant has been issued.

8.03. Registration for fugitive hunt (bounty hunt, criminal case hunt, or criminal hunt) shall include applicants’ affirmation of the Earth Constitution as the supreme law of Earth within humanity’s institution of law, and agreement to be subject to the decisions of the World Court.

8.04. To help prevent apprehension interference, bounty hunters shall stand down when ordered to do by world federal officers present in an arrest situation.

8.05. World federal officers may request (but not demand) assistance in world federal arrests.

8.06. In cases where both private fugitive hunters and world federal officers are present during a warranted arrest, the World Attorneys General may subsequently inquire. If parties are not in agreement, the World Attorneys General office shall call a hearing in the Public Bench. The World Ombudsmus shall provide a defense on behalf of the bounty hunters to attain a just pro-rating. If the amount in question exceeds 5% of the operating expenses for the particular apprehension, the judges shall appoint a public bench jury.

8.07. Any individual or group deputized by any world enforcement system or world ombudsmus officer under emergency circumstances need not have prior registration with the World Attorneys General office to meet eligibility for any bounty reward. Public Bench hearing shall determine any details not resolved out of court.

8.08. World Attorneys General must not assign bounty pay-outs to exceed operating costs plus maximum annual income for persons collecting bounty. Persons may accrue individual or corporate credits exceeding that amount for not-for-profit Earth Financial Credit Corporation funding allotments, including grants.

8.07. In cases of fugitive hunting where security firms are sole proprietorship, limited partnerships or limited liability companies, and the arresting officer is not under the direction of any other individual, permit or registration of instruments of defense suitable for law enforcement (IDSLE) is not required. In firms (companies, corporations, businesses) where the arresting officers are under the direction of a different (supervising) individual, the company must register all IDSLE with the World Attorney General office, and track assignments of IDSLE. Under the direction of company supervision, only IDSLE registered in the World Attorneys General office by the company can be in possession by an employee while the arresting employee is on duty. The company shall provide locker space for employee-owned IDSLE while the employee is on duty, or the employee may store employee-owned IDSLE in their personal vehicle not used in the arrest, or at their personal residence or IDSLE range of their personal selection.

9. International agreements notwithstanding, no defendant will be found guilty of war or aggression on grounds of resistance (armed or unarmed) to any United Nations “peacekeeping” operations or UN security measures, as UN peacekeeping operations and UN security measures are in violation of principles of world federal democratic constitutional commonwealth republic; are a violation of article 12 of the Earth Constitution; and are a violation of numerous provisions of world legislation.

9.1. The Assembly of States Parties’ 2017 decision that armed resistance to the United Nations or its officers constitutes aggression is a decision that is null and void and must not be used in the prosecution of anyone in any bench of the World Court of the Earth Federation.

9.2. In re-confirmation of the 2010 World Parliament decision, as frangible munitions allow greater safety to the general public and enforcement officers—the World Court of the Earth Federation shall recognize frangible munitions (hollow-point munitions) without explosive charges to be lawful.

9.3. Unless a United Nations “peacekeeping” officer or “peacekeeping” service member gives prior affirmation to the Earth Constitution, that officer or service member has no legal power of arrest whatsoever. Earth Federation member militaries and world courts may recognize the presence or operation of armed United Nations “peacekeeping” forces as incitement to violence. Incitement to violence is unlawful (world class 3 misdemeanor).

10. Related definitions:

To strengthen world civil defense capacity, to protect against vigilantism, and to enforce prohibition against private militaries (para-militaries) the World Parliament differentiates between the terms “para-military” and “militia”. These legal terms at world federal level are mutually exclusive. The World Court shall recognize this definitive distinction. A para-military is not a militia, and a militia is not a para-military.  Though a para-military might claim to be a militia, the two are distinguished by organizational behavior:

10.1. A para-military (private army, private navy, private air force, private cyber-force or private space force) operates clandestinely or partially clandestinely from a state’s military, with the para-military’s own command structure. The para-military might have its own warranting, judgment and sentencing actions (which is contrary to the principle of Earth Constitution Article Section 12.15.) Typically, a para-military acts outside a state’s laws and outside the laws of the Earth Federation. Para-military participation is unlawful (world class 4 felony). Para-military direction is unlawful (world class 5 felony).

10.2.militia is the body of able adult residents of the Earth Federation. A local militia is allowed in conformance with laws of the Earth Federation for the following lawful activities (functions):

10.2.1. Neighborhood watch groups;

10.2.2. safety training for Instrument of Defense Suitable for Law Enforcement (IDSLE);

10.3.3.IDSLE legal use training;

10.3.4. customary/sport martial arts training, including with blade instruments;

10.3.5. voluntarily assisting Earth Federation enforcement officers or sub-jurisdictional enforcement officers upon request for assistance;

10.3.6. other purposes not prohibited by world law.

10.3. Ordinarily, local militias are not required to register organization or any instruments of defense suitable for law enforcement. However, if an organised militia intends to collect any bounty as a group, or to contract to provide private security services, that group is held to the same registration rules as corporate security agencies.

11. Entry into force

Due to the urgent quality of this world legislation this world legislative act, including its provisions prohibiting false arrest, enters into force upon its adoption by the Provisional World Parliament.