Arstotzkan Union v. Bendolf

Arstotzkan Union v. Bendolf
Supreme Federal Court of the Arstotzkan Union
Submitted 15 June, 2023 Argued 25 June, 2023
Full case name	The Arstotzkan Union et. al v. King Bendolf Rikler of the Empire of the Benereich
Citations	Arstotzkan Union v. Bendolf SFCAU BCJ 1 A.U.L.R 2 [2023]
Claim	Bendolf Rikler knowing breached Article 306 & Article 209 of the Crimes Act 2022 as well as Article 7, Section 2 of the Constitution of the Arstotzkan Union
Holding
Bendolf Rikler breached the Laws of the Arstotzkan Union while in the nation and committed illegal actions against a protected member of the Arstotzkan Federal Government
Panel membership
Brinkman CJ
Case opinions
Laws applied
Crimes Act 2022 Constitution of the Arstotzkan Union

Arstotzkan Union v. Bendolf 1 A.U.L.R 2 [2023] is a landmark case of the Supreme Federal Court of the Arstotzkan Union as it ruled that diplomatic immunity is not a legal right granted in the nation. The case was the criminal prosecution of King Bendolf Rikler of the Empire of the Benereich for kidnapping and threating to kill a politician. The case was considered to be highly important to the Arstotzkan Legal system as it will further establish the stare decisis around criminal law in the Arstotzkan Union.

Because of this case, all relations between the Empire of the Benereich and Arstotzkan Union ended and from the ruling, the Arstotzkan Union entrenched the policy that diplomatic immunity is not a right granted in the nation and all who are in the nation, no matter official status are subject to the law.

Background

On 31 May 2023, after days of negotiations, Field Marshal of the Armed Forces of the Empire of the Benereich, Wesley von Dookington renounced his citizenship with the Empire of the Benereich and was granted citizenship in the Arstotzkan Union. His expertise and knowledge regarding military tactics and government operations earned him the position of Vice President of the Arstotzkan Union. On 1 June 2023 he was sworn in as the 8th Vice President of the Arstotzkan Union, ending the two year term of Zion Ormsby as the 7th Vice President of the Arstotzkan Union.

This was not the first time that Zion was removed from this position as in September 2019 he was removed as Vice President for failure to attend General Assembly meetings, however this time it was due to Zion also focusing on his tertiary education. Zion Ormsby remains as a key figure of Arstotzkan politics and remains as the Executive Chairman of the Federal Assembly, the highest office in the legislative body of the Arstotzkan Federal Government.

Days after joining the Arstotzkan Union, von Dookington was handed an arrest warrant by the Senate and King of the Empire of the Benereich. Around the same time, Arstotzkan intelligence officials in the State Committee for National Security and Intelligence were made aware of an image of King Bendolf threating von Dookington in his territory in the Eastern Arstotzkan State. This image was passed to the Chief Ambassador of International Affairs and Executive Chairman of the SCNSI. They quickly alerted First President Ethan Brinkman who became outraged. A letter regarding the validity of the arrest warrant placed on von Dookington was already being drafted and was about to be delivered to King Bendolf when the First President decided that he would take the matter to court.

On 15 June 2023, First President Ethan Brinkman signed a court summons and writ of arrest on behalf of the Supreme Federal Court of the Arstotzkan Union and sent it to King Bendolf. The summons also informed King Bendolf that so long as he was in Arstotzkan territory he would be considered under arrest and that he must face court.

Later that night, Ethan Brinkman announced that the date of the trail would be 25 June 2023 and would take place on a VoIP face call on the site, Discord.

Positions

Name	SFCAU Role	AU v. B Role
Ethan Brinkman	Chief Justice	Judge Presiding
Wesley von Dookington	N/A	Council for the Prosecution
Bendolf Rikler	N/A	Representative for the Defense

The attorney for the Defense and legal aid for Bendolf Rikler has yet to be named.

Evidence

The Prosecution in the case of Arstotzkan Union submitted in an affidavit to the Supreme Federal Court, four major pieces of statutory as well as physical evidence. The first two are evidence from the Crimes Act 2022, these are:

Everyone is liable to imprisionment for a term not exceeding 7 years who -
(a) threatens to kill or do grievous bodily harm to any person; or
(b) sends or causes to be received, knowing the contents thereof, any letter or writing containing any threat to kill or do grievous bodily harm to any person.

— Article 306, Crimes Act 2022

As well as:

Everyone is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person with his or her consent obtained by fraud or duress, -
(a) with intent to hold him or her for ransom or to service;
(b) with intent to cause him or her to be confined or imprisoned; or
(c) with intent to cause him or her to be sent or taken out of the Arstotzkan Union.

— Article 209, Crimes Act 2022

The affidavit also showed that King Bendolf breached the Constitution of the Arstotzkan Union. It states that he broke Article 7, Section 2 which says;

No person or persons has the right to denounce the President(s) or the Arstotzkan Federal Government and or challenge their right and or power. If so, they must be tried in the Supreme Federal Court under the terms of due legal process set forth in this republic.

— Article 7, Section 2 of the Constitution of the Arstotzkan Union

Although no law exists to punish someone for breaching the powers of the Constitution of the Arstotzkan Union, it is expected that it could be considered treason for doing so as King Bendolf was immediately subject to the laws of the Arstotzkan Union when entering it, even as a foreign leader. The Arstotzkan Union does not have any laws on protecting foreign leaders as a case has never required it. The Arstotzkan Union does consider foreign leaders tourists and grants them the protection level of resident.

As Arstotzkan citizens and residents are expected to abide by the rules of the Constitution, so too was King Bendolf. The Civil Protection Act 2021 grants residents protections and enforces the notion of following the Constitution. Therefore when breaching Article 7 of the Constitution, King Bendolf was committing treason as a resident of the Arstotzkan Union.

The precedent around breaching the Constitution is very limited and only one instance has it been address and punishment granted. This was in January 2021 when First President Ethan Brinkman resigned all major offices he held due to starting a war with the Confederate Democracy of Gamers in November 2020. The Supreme Federal Court considered this to be a breach of the Constitution, specifically Article 3, Section 3 of the Constitution of the Arstotzkan Union.

Aftermath

Following the failure of King Bendolf Rikler to show for the trial, the Supreme Federal Court sided with the prosecution in the trial and ended up giving the defence a punishment of life time ban from entering the Arstotzkan Union, including all territories. However the defence was allowed to enter the Te Whare Whakangau Echo Territory but only on the approval of the Vice President.

Plans to create a statute on laws regarding the case of diplomatic immunity has been in development in the House of Representatives. First President Ethan Brinkman has pushed for the law, which is expected to be called the Criminal Justice Bill or Arstotzkan Criminal Sovereignty Bill, however many in the Federal Assembly stated that the Arstotzkan Union was in a position where ignoring the Empire of the Benereich provides a better alternative.

Because of the decision of the case, legal experts in the Arstotzkan Union have stated that the official policy of the Arstotzkan Federal Government in regards to diplomatic immunity is that it is not a protection which will be granted. This has been backed up by the Department of International Affairs and Relations which has since stated from the passing of the August 2023 Foreign Policy and ruling of Arstotzkan Union v. Bendolf that diplomatic immunity will not be granted and all who enter the Arstotzkan Union will be subject to Arstotzkan Law.

See also

• Confederacy v. Arstotzkan Union
• Supreme Federal Court of the Arstotzkan Union
• Federal Executive Court of the Arstotzkan Union