To Create an Office of World Attorneys General Pro Tempore including Major Departments of the Enforcement System

World Security Act

Whereas the Enforcement System defined by the Earth Constitution is one of the seven basic vital organs of the emerging Earth Federation;

And whereas the Earth Constitution promises equitable, just and humane individual enforcement of all World Legislation;

And whereas twenty years of campaigning to eradicate nuclear weapons and other weapons of mass destruction through the promotion of world legislation has been virtually ignored by individuals interested in maintaining the nuclear world state;

And whereas enforcement of World Legislative Act Number One, to Outlaw Nuclear Weapons and Other Weapons of Mass Destruction and to Create a World Disarmament Agency, as well as other World Legislation, requires an integrating system which follows the guidelines of the Article X of the Earth Constitution, and in particular the Article X., Section D.1. provision for enabling legislation;

Therefore,

Be it enacted by the Provisional World Parliament:

Article 1.

• This Act creates an Office of the World Attorney General Pro Tempore, including a Commission of Regional World Attorneys and major departments of the Enforcement System.

Article 2.

• To begin operation, the Provisional World Parliament nominates as many as five World Attorney Generals Pro Tempore (WAGPT), and as many of twenty Regional World Attorneys Pro Tempore (PRWAs) as is feasible. The World Attorneys General Pro Tempore and the Regional World Attorneys Pro Tempore hold office until replaced by the Provisional World Parliament or World Parliament. The position of the lead World Attorney General Pro Tempore rotates according to the specifications of Article X.B.5 of the Earth Constitution.

Article 3.

• Integration of the World Attorneys General and the World Disarmament Agency.

Since there is close similarity of function between the Office of World Attorneys General and the World Disarmament Agency, this Act integrates structure and roles of the respective organizations.

In order to integrate the operation of the World Disarmament Agency and the Office of World Attorneys General, the 5 World Attorneys General Pro Tempore must be constitutionally qualified for both the position of Minister of Disarmament as well as that of World Attorney General During the period of Provisional World Government, the 5 World Attorneys General Pro Tempore shall serve in rotation as Minister of Disarmament, with the lead World Attorney General serving as Disarmament Minister. The World Disarmament Agency Board of Trustees sets policy regarding disarmament processes of the Enforcement System, in accordance with World Legislation and the Earth Constitution.

Article 4.

• Enforcement System Structure
  • The Office of World Attorneys General Pro Tempore will develop and operate the departments of the World Attorney General as soon as feasible. The Office of World Attorney General Pro Tempore comprises the Enforcement System, with 5 major departments according to the functional guidelines from Article X.B.8. of the Earth Constitution:

  Department of Investigation

  Department of Apprehension & Arrest

  Department of Prosecution

  Department of Remedies & Correction

  Department of Conflict Resolution

  • To coordinate operation, each of the 5 major departments of the World Attorneys General maintains liaison offices with each agency of the Integrative Complex. Each major department of the Enforcement System may establish liaison offices with other world agencies, including agencies specified in Article 4., Sections 3., 4., 5., 6., and 7., of this Act.
  • From civil service lists, the World Attorneys General shall elect a World Detective to direct the Department of Investigation. From civil service lists, each Regional World Attorney shall appoint and direct a Regional World Detective, for a total of 20 Regional World Detectives. The Department of Investigation performs these functions:
    • Maintain and operate forensic laboratories;
    • Recommend warrants to be issued from the Regional World Attorneys or from the World Attorneys General;
    • Help determine need for paired ratification & compliance;
    • Maintain Liaison Research Offices with each campus of the World University System; and
    • Maintain Liaison Offices with the World Commission on Terrorism.
  • From civil service lists, the Office of World Attorneys General shall appoint a World Police Supervisor to direct the Department of Apprehension & Arrest. The World Police Supervisor shall direct twenty Regional World Police Captains. The Department of Apprehension & Arrest performs these functions.
    • Training;
    • General Operations;
    • Impoundment;
    • Records; and
    • Special Weapons & Tactics.
  • The World Attorneys General, together with the 20 Regional World Attorneys, direct the Department of Prosecution, to perform these functions:
    • Formulate cases;
    • Prosecute cases;
    • Manage Internal Affairs;
    • Seek restitutions; and
    • Seek public protections.
  • From civil service lists, the Regional World Attorneys appoint a Commissioner of Remedies and Correction to direct the Department of Remedies & Corrections. The Department of Remedies and Correction performs these functions:
    • Maintain Liaison Offices with the World Disarmament Agency;
    • Maintain Liaison Offices with the Emergency Earth Rescue Administration;
    • Personnel conversions from military to Emergency Earth Rescue Administration operations, with qualified personnel referred over to the World Police Training Program;
    • Military transport conversion for Emergency Earth Rescue Administration operations;
    • Weapon immobilization, defusing, dismantlement and Bomb Squads;
    • Waste disposal, storage, detoxification and environmental impact assessment;
    • Liaison to the Earth Financial Credit Corporation for control of convict credit;
    • Manage sentences of Convicts;
    • A System for Victim Restitution;
    • Manage Probation; and
    • Manage Probation; and
  • From civil service lists, the Regional World Attorneys appoint a Commissioner to direct the Department of Conflict Resolution. The Department of Conflict Resolution performs these functions:
    • Arbitrate for current conflicts & paired ratification;
    • Maintain Liaison Offices with the World Commission on Terrorism;
    • Educate with a global program of conflict prevention with Liaison Offices at campuses of the World University System.

Article 5.

• Location. The location of the first offices of the World Attorneys General may be determined by vote of the World Attorneys General, but subject to adjustment by the Provisional World Parliament and World Parliament. New York City and Los Angeles in the United States may be the locations for the first Provisional Offices of the World Attorneys General.

Article 6.

• Funding.No later than when (10) national governments give preliminary or final ratification to the Earth Constitution, the financial agencies of the Provisional World Government shall appropriate funds for the substantial expansion of the World Attorneys General Office. To start off, this Act authorizes the Earth Federation Funding Corporation to disburse to the World Attorneys General Office an annual yearly sum of not more than 5% of the annual world federal budget per year to carry out its work. Less than 5% of the world federal budget may be allotted by the Earth Federation Funding Corporation, if the directors of the Earth Federation Funding Corporation determine that funds in the Corporation are currently inadequate.

Article 7.

• Supplemental Income. To help pay operating expenses during the Provisional Stage of World Government, Agents of the Provisional World Attorneys General Office may hold two employments, participating in prosecution or defense of individuals within courts of a lower level of jurisdiction than that of World Government, if in the respective case there is no representation or involvement of the Enforcement System. In representation of the Enforcement System, the World Attorneys General and the Regional World Attorneys may not issue warrants that arise solely from violations at a lower level of jurisdiction than that of World Government. In representation of the Enforcement System, the World Attorneys General and the Regional World Attorneys, may only issue world warrants upon evidence of probable violation of World Legislation. The World Ombudsmus may seek relief, including rectification for damages, from warrants issued by the World Attorneys General Office or Regional World Attorneys, if probable cause has not been shown, or if a charge is below the jurisdiction of the Provisional World Government or World Government.

Article 8.

• Reports.

In order to integrate the operation of the World Disarmament Agency and the Office of World Attorneys General, the Office of the World Attorneys General will report quarterly and recommend policy to the World Disarmament Board of Trustees. The World Disarmament Agency Board of Trustees will likewise make quarterly reports to the Office of the World Attorneys General.

All major departments of the Office of World Attorneys General shall record their activities, and shall report to the World Police Supervisor and the World Police Detective as well as to the respective Regional World Attorney. The Provisional World Attorneys General will file reports to the Provisional District World Court. Between sessions of the Provisional World Parliament, the World Attorneys General shall report quarterly to the World Disarmament Agency Board of Trustees. The Report must include a record of the development of the Office of World Attorneys General, as well as budgetary projections and policy recommendations.

The Office of World Attorneys General shall prepare a special report to each session of the Provisional World Parliament, World Parliament and to each session of the World Constituent Assembly. The World Disarmament Agency Board of Trustees shall prepare a separate special report for sessions of the Provisional World Parliament and World Constituent Assembly.

Internal Affairs investigates charges or suspicions of unlawful behavior within the Enforcement System. Internal Affairs must report equally to the World Attorneys General and to the World Ombudsmus, which also has investigative powers independent of the World Attorneys General.

This Act directs the Treasury of the Provisional World Government, when established, to pay reporting costs.

Article 9.

• Official Accountability.

All officials of the World Police Department and World Attorneys General shall be accountable to the People of Earth, and shall owe their loyalty directly to the citizens of Earth.

Police officers shall take an oath or make affirmation of their adherence to the Earth Constitution. Police officials obtain no privilege and have no sovereign immunity at world federal level. However, world legislation prohibiting interference in the activity of world police officers is in effect. This Act requires police officers to yield to additional responsibility and supervision to which private citizens are not bound. In their line of duty, World Police Officers, acting as public guardians, are subject to public surveillance and public scrutiny.

In addition to World Law as established by the World Parliament, the Provisional World Attorneys General may use International Law that is not in contradiction with World Legislation and the Earth Constitution, as precedent in any prosecution.

Article 10.

• Mandated Reporting in Official Capacity.

This Act mandates World Police Officers to report knowledge or suspicion of world federal official corruption, including peer misconduct, to Internal Affairs. Failure to report knowledge or suspicion of official corruption, including peer misconduct is grounds for suspension, discharge and criminal prosecution. The severity of any disciplinary action must be related to the severity of the misconduct.

Article 11.

• Registration of Police Weapons.

While on duty, World Police Officers must register any weapons and equipment in official possession, including within vehicles used by the respective Officers. World Police Officers must not carry unregistered weapons in the line of duty.

Article 12.

• Grand Jury.

The Enforcement System, together with the Agency for Research and Planning shall design weapons of the World Police to control suspects without ordinarily causing permanent injury or death in the application of the weapon.

Permanent injury or death caused by a World Police Officer may be grounds for suspension, transfer to a desk job, and expulsion from the World Police Force. In cases where there is suspicion of death associated with a World Police Officer’s activities, the World Attorneys General must report the incident to the World Ombudsmus. In cases where there is a suspicion of death associated with a World Police Officer’s activities, the World Ombudsmus must file suit for grand jury in the Provisional World Court or World Court. Officers suspected in a death face a grand jury of 12 to 23 Earth Citizens. The World Ombudsmus is responsible to participate in the supervision of this grand jury selection process, subject to the rules of the World Court. The decision of the Grand Jury requires a simple majority to determine further action. If formal charges are filed, then the decision of a subsequent Jury of 12 randomly selected Earth citizens requires unanimity to determine guilt, but requires only a simple majority for sentencing discipline up to permanent expulsion from the World Police force.

Article 13.

• Training.

This Act requires the Department of Apprehension and Arrest to provide World Police Officers with in-service education, including physical training. World Police Officers must train to improve knowledge of law enforcement and to maintain adequate physical condition, as determined by the World Civil Service Administration.

Article 14.

• Least Force Necessary.
  • Police officials shall use the least force necessary in the arrest of suspects. Brutality or unnecessary force is cause for suspension or expulsion from the police force

  The World Police Department Internal Affairs is not the sole agent for responding to occurrence of brutality or unnecessary force. Internal Affairs, the World Ombudsmus and independent citizen’s councils each have a legal role to ensure supervision.

  • Definition and Order of Least Force Necessary.

  A guiding principle of world law enforcement is that measures not requiring arrest are used in any cases where this is sufficient to end the transgression and to bring about judicial settlement. Examples of measures not requiring arrest include these measures: public advisory; individual warning; interception; impounding of equipment; injunction; direct payment of fines or performance of work to rectify damages; denial of credit; denial of material resources and personnel; revocation of licenses, charters or corporate rights. Where these measures are not adequate or can not be effected without arrest, enforcement shall endeavor to arrest the suspect causing the least physical harm possible.

  Any arresting World Police Officer must document in a World Court that a legal warrant had been issued and that the least necessary force was used in effecting any arrest. In an enforcement situation, at first, if possible, the arresting officer may use no force other than persuasion, negotiation and verbal control using a clear, firm, authoritative approach in order to effect the apprehension of a suspect.

  If this is not successful, the arresting officer may use minimum force, such as arm bars, wrist locks, grips and other basic hands-on, weaponless guide-alongs and restraints.

  When weaponless guide-alongs and restraints are not adequate to subdue a suspect, the arresting person may progress either to stronger weaponless techniques, such as kicks to legs and open-hand blows, or may rely upon mild, less lethal chemical agents, such as pepper spray or mace, which ordinarily cause no permanent harm if properly used. The strongest weaponless techniques may only be used when the other weaponless techniques have not been effective or if there was no opportunity to use the less forceful weaponless techniques.

  Baton, short stick or flashlight blows may be used only if the above techniques are not adequate. The arresting officer must be able to show adequate prior knowledge of safe baton techniques.

  Firearms must not be employed in an arrest unless the less forceful methods have failed or if there is no opportunity to use the less forceful methods in a situation requiring arrest. The arresting officer must be able to show adequate prior knowledge in safe gun handling.

  Whatever weapons are carried or used, the arresting officer must be prepared to show prior knowledge in the safe, responsible use of the respective weapons.

  [Recommended reference. Not part of act): In this Act, Article XIV., Section B, Order of Least Force Necessary, is derived from

  Tegner, Bruce (1986) Defense Tactics for Law Enforcement: Weaponless Defense and Control and Baton Techniques, Revised and Enlarged. Ventura, California: Thor Publications ]

  • Civil Empowerment. Behavior of World Police Officers while on duty may be freely audited by both non-interfering private Earth citizens and by the World Ombudsmus, to assure compliance to least necessary force and to appropriate behavior on the part of the Enforcement System. The World Ombudsmus and Earth Citizens may file legal complaints or legal charges, and seek rectification for damages arising from the improper use of weapons.

  At which time the World Police begins its formation and forever thereafter, the World Police Force may develop, use and possess only weapons legal to the citizens of the Earth Federation without requirement of permit, registration or disclosure.

  • Equipment Restrictions.

  Weapons unsuitable for use in typical law enforcement situations may not be used in the apprehension of suspects.

  A principle of suitability is that if use of a weapon destroys evidence, it tends to be unsuitable for law enforcement. Evidence is required to determine innocence and guilt in court. For instance, witness testimony is a form of evidence. If a witness is killed, evidence is destroyed. On these grounds, more lethal weapons, that is, those which ordinarily kill upon customary use, tend to be unsuitable for law enforcement. Weapons unsuitable for government use include these:

  Any weapons classified in World Legislation as a weapon of mass destruction;

  Blade weapons of any kind; flexible weapons which might cause mortal injury upon impact;

  Blackjacks, brass knuckles, saps;

  Strap weapons which might easily cause strangulation are unsuitable, except for strap batons, which have been shown less likely to cause strangulation than batons alone when used properly;

  All cartridges with bullets designed to explode or fragment are unsuitable, except for such safety bullets designed to be unlikely to cause mortal injury or permanent damage when used properly;

  All mortars or launchers are unsuitable for use;

  Neither tear gas, stun grenades nor force may be used as a means of crowd dispersal, except in the event of organized armed insurrection, and then only on receipt of a warrant from the World Attorneys General or Regional World Attorneys, describing the individual or individuals who are to be arrested, the alleged crime or crimes, and the evidence for the alleged crime or crimes.

  • Recommended Equipment.

  Recommended equipment for law enforcement purposes include these weapons: Handcuffs, other temporary restraints which ordinarily cause no permanent damage when properly used; Body armor;

  Handheld-dispenser pepper spray, handheld dispenser mace;

  Softwood batons, hardwood short sticks, flashlights;

  Single-action or semi-automatic firearms using less lethal munitions;

  Electronic stunning devices of a current/voltage combination that ordinarily do not cause permanent harm when used properly;

  Acoustic devices which do not ordinarily cause permanent harm when used properly;

  Strap batons which can be shown to be safer and less likely to cause strangulation than ordinary batons in effecting arrest of suspects are recommended; Safety bullets, designed to impact or fragment without ordinarily producing lethal injury; and

  Sedative darts and chemical bullets which sedate, irritate or put a suspect temporarily unconscious, yet ordinarily without permanent harm when properly used.

  Article 15.

  • Structure of the World Police.
    • Each Region shall maintain an air corps division, a land corps division, a sea corps division, and a space corps division, each using only non-military armaments suitable for law enforcement. The three divisions are under the supervision of the respective Regional World Police Captain.
    • Command Structure of the World Police.

    Level of organization Commanding Officer Approximate Number of Regional

    Deputies in the level

    Partners Senior Partner 2 or 3

    Squad Sergeant, assisted by Corporal Up to 19

    Platoon Lieutenant Colonel Up to 190

    Brigade Colonel Up to 1900

    Regiment Lieutenant Captain Up to 19,000

    Division Senior Captain Up to 190,000

    Region Captain Major Up to 570,000

    The smallest subdivisions of the World Police Department are World Police Partners, composed of 2 or 3 World Police officers. Next in order, from 2 up to 19 World Police Officers compose a Squad. Squads work together during the duration of their assignments. A World Police Sergeant directs each Squad. A World Police Corporal assists the World Police Sergeant in the management of the Squad. A World Police Lieutenant Colonel directs up to 10 Sergeants in a platoon of up to 190 deputies. A Colonel directs up to 10 Lieutenant Colonels in a Brigade of up to 1900 deputies. A Lieutenant Captain directs up to 10 Colonels in a Regiment of up to 19,000 deputies. A Regional World Police Captain directs up to 30 Lieutenant Captains, in the Region, comprising up to 570,000 deputies. With approval of the World Police Supervisor, the World Police Captains may appoint up to three Senior Lieutenant Captains, to assist the direction of the three regional corps divisions.

    • Rotations.

    To assist in the prevention of the formation of focal loyalties and consequent conflict of interests, World Police Officers, Partners and Squads are subject to rotation of assignment to various Regions within the Earth Federation. Generally, Squads and Partners disband on the Officers’ rotations. To assist in the placement process, individual World Police Officers of a Squad may all be disbanded and rotated at once, and then individually assigned back out to newly formed Squads in different Regions after a period of paid leave. This rotation may be less frequent during the Provisional Stage and during the first operative stage of World Government. On declaration of the second operative stage of World Government, regional assignments may be no more than 24 months before rotation. Upon the declaration of the full operative stage of World Government, regional assignments may be no more than 18 months between rotations. The Human Resources Liaison to the World Civil Service Administration staggers formation and rotation of World Police Squads to provide continuity of service among the Regions of the Earth Federation. The rotation schedules are subject to review by the World Ombudsmus and the World Court, and are subject to modification by the World Parliament.

  Warrants.

  World Police Officers shall detain or arrest suspected violators of World Law only on receipt of warrants issued, signed and dated by the Office of the Regional World Attorneys, or the World Attorneys General Pro Tempore or the World Attorneys General. Warrants may be delivered by secure certificate via the Internet, or by other secure wireless means.

  Search warrants must describe the location of the place to be searched and the purpose of the search.

  Arrest warrants must describe the individual or individuals to be arrested, the alleged crime or crimes, and the evidence connecting the individual or individuals to the crime or crimes.

  As it is not always possible to know a suspected violators’ name, other positive identification obtained from public domain, such as photograph, video, fingerprints or DNA matches, may serve for identification in the issuance of the warrant.

  Further Organization.

  The Board of Trustees of the World Disarmament Agency may determine the further organization and functioning of the Office of World Attorneys General Pro Tempore in accordance with the terms of this Act and under the Earth Constitution, while at all times responsible to the Provisional World Cabinet and the Provisional World Parliament.

  **********

  Adopted 26 March 2003 as World Legislative Act Number 14, by the sixth session of the provisional World Parliament, convened in conformance with Article 19 of the Constitution for the Federation of Earth, Bangkok, Thailand.

  Attested: Eugenia Almand, JD, Secretary

  Provisional World Parliament