Dominion War Crimes

[Kirk Johnson-Weider]

First off I think cultural relativism while a factors in the Star Trek Philospohy can be shelved in regards to these trials. The UFP won the war so it and its allies get to establish the rules, thus non-combatants are non-combatants despite the Jem'Hadars view on the situation. One thing in the series is the concept of a universal good in a way that can be applied here.

The Federation also seems to pursue a policy of rehabilitation as opposed to pure incarceration as we are familiar with today. So it is this that the Lady Founder will be subjected to and like Owen says if the UFP is successful to any degree that will definitely affect the Great Link when she returns.

As for the insanity defense I have always assumed from the series that the UFP considers all criminals insane from one degree to another so using this defense justs means that instead of a typical penal colony one gets a trip to one of the rehabilitative centers.

So I see special facilities for the Jem'Hadar though the UFP has to address the ketracel-white issue (this is a possible adventure as the PC's ship has to negotiate with the Dominion for ketracel-white for the prisoners being held on trial!).

The Vorta on the other hand will surely get the brunt of the punishments for a host of reasons. Such is the way of justice.

[Owen E Oulton]

Actually, since the Federation is likely the main force in the adjudication process, "cultural relativism" (nice phrase, that!) comes very much into it. We've seen enough Federation jurisprudence to extrapolate this. Federation law is unequivocally based on the same system of English Common Law used in Great Britain and North America (with the exception of Quebec and Louisiana, both of which base their laws on French Statute Law).

As for the Jem'Hadar, not being mentally competent to stand trial is NOT an insanity defense. It's much more equivalent to a developmentally challenged person (like, f'rinstance, someone with Down Syndrome). Without the Founders telling the Jem'Hadar to go out and conquer people, they're unlikely to do so.

[calguard66]

I would also like to point out that, within the norms of their own culture, the Jem-Hadar were far more "honorable" than some representatives of the Federation. The only Vorta that we know for sure committed bonafide war crimes is dead.

No member of the Dominion attempted genocide via a biological weapon of mass destruction.

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"I'd rather die standing than live on my knees..."
Shania Twain

[Mad Cow]

I think we need a definition of these War Crimes. Do they solely relate to things on a grand scale, such as genetic experimentation on an occupied planet, or the use of weapons of mass desctruction? Or can it deal with things as "small" as a group of 10 colonists murdered when they surrendered to Dominion forces.

Great efforts are being made against particpants in the Balkan wars for these lower level crimes. Is the motivation of the offender the prime reason for them being classed as crimes against humanity (or life forms)

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"You couldn't even SPELL Prime Directive!"
"Not true. It's spelt P-H-A-S-E-R."

[Protius]

Certainly the magnitude of the damage done by a trial will push it into the forefront. However, with the Alliance crying foul and setting up these Trials, there is enough momentum to take care of lesser crimes, if they aren't as common as your average 7-11 robbery. The purpose of the Adventure Seeds section is to allow the GM to run this as long as he wants.

[Owen E Oulton]

We do have something of a pattern for what would be considered "War Crimes." Remember, the Federation is strongly (and explicitly) based on a free-form mix of the USA, the UN and NATO. We've been told about several types of weapons which are banned, for instance; biogenic weapons and isolytic subspace weapons being two of them. Attempted genocide, as when the Female Founder ordered the death of the entire Cardassian species, is another.

Unfortunately, while War Crimes were committed on both sides, it is an unfortunate fact that while the winners sometimes do prosecute offenders on their own side it's usually confined to low-level individuals (Lt. Calley or Pte. Kyle Brown, f'rinstance) while those who ordered it receive only administrative punishments if any. Captain Sisko was never prosecuted for his poisoning of a planet's atmosphere. Had he lived, it is unlikely that Director Sloan would have been tried for his genocide attempt. The scientists who developed the disease and infected Odo might be tried if they can be identified, but their Section 31 superiors probably won't.

My question is, how much of this speculation is ever going to wind up in anyone's game. I'm certain that a War Crimes Trial isn't likely to be the focus of a campaign, but much of it could be revealed bit by bit as background info. A more direct use may be if the characters are witnesses testifying at a trial who get involved in some sort of intrigue - someone may try to bust a defendant out either for a more personal revenge or to free them. Security and/or RRT types, or JAG officers could also become embroiled in this manner. Starship crews could be involved in prisoner transport. Suspects may have gone to ground and would need to be tracked down and captured.

[Protius]

I can see Starfleet, if pressed, pursuing a Section 31 investigation but just how far that would go is up for grabs. Had Sloan not died, this would have been an option and I would have probably mirrored Insurrections corruption within the government theme by allowing clues to be revealed that someone was being persuaded to not pursue it or something.

Anyway, while not a true campaign, it does provide for a story arc within one. The adventures cited tend to be falling under either Starfleet (ship- and security-based) and JAG.

Do you still call them JAGs if they aren't the JAG himself?

So what would be appropriate (and effective) rehab be for a Founder?

While the Feds may have the most influence on things, what major things would the Klingons or Romulans push for as outcomes from these trials? The Klingons would probably push for Rura Penthe for Lady Founder.

One of the JAG adventures might include negotiating within the Alliance representatives when it comes to how the Trials are to be conducted.

For a JAG seed, what if the defendant of a Federation war criminal learns he is truly guilty. Problem is, the evidence for his innocence is so strong that it's almost a sleeper-win. How can they fashion their defense without making it so weak that they are pulled off the defense for incompetency?

The Rogue Founder reappears, and by simply appearing to a certain Vorta, witness or defendant, wins his faith and can have complete influence over for his purposes just because this is as much his god as the other Founders.

[Owen E Oulton]

"For a JAG seed, what if the defendant of a Federation war criminal learns he is truly guilty. Problem is, the evidence for his innocence is so strong that it's almost a sleeper-win. How can they fashion their defense without making it so weak that they are pulled off the defense for incompetency?"

I'm assuming you mean "defense counsel" rather than "defendant." The defendant is the accused war criminal.

That's one of the things that a defense attorney has to deal with and there's no easy answer. Most defendants are guilty, and a defense attorney's job is to create a reasonable doubt in the mind of the jury, or in this case the Tribunal. Some types of evidence must be admitted - prosecutors must advise defense counsel of any exculpatory evidence - but defense attorneys have much more leeway in this. If you watch an interview with a prominent defense attorney like, say, Gerry Spense, and they're asked point blank what they do when they know a defendant is guilty, it's interesting to see their eyes cloud over and the platitudes roll out, almost as if they have to trun off the part of their mind which cares about such things.

It would be an interesting plot to stick a PC with, though you'd have to have the right kind of player.

[Protius]

What familiar faces are likely to show up throughout the Trial and for what purposes?

[SIR SIG]

Not that the Jem'Hadar would offer this themself but their defence be that they were obeying the will of their deity?

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SIR SIG a Aussie TREK Narrator

[calguard66]

Originally posted by SIR SIG:
Not that the Jem'Hadar would offer this themself but their defence be that they were obeying the will of their deity?

It wouldn't be a DEFENSE, per say... it would be a reason they were incompatent to stand trial in the first place. Were I a defense counsel for a Jem-Hadar I would make 3 motions before the trial even started:

1. Insanity: Culturally, Founders are a Jem-Hadar's gods. My client was unable to distinguish right-from-wrong, as the Federation understands it, at the time he killed the colonists because he was following the direct orders of his god. Therefore, whether he committed the acts in question or not, he cannot be tried for them.

2. Insanity: The defendant must be able to understand the nature of the charges against him. To a Jem-Hadar, following the orders of a Founjder is good. How can he possibly comprehend being tried for doing what he has been told his whole life is right? How can a doctor defend himself for saving a patient? How can a sculptor justify creating a masterpiece? It is what they do... it is their nature, just as following the orders of a Founder is in my client's nature.

2. Diminished Capacity: My client is unable and unwilling to assist in his own defense, because he feels this would place Founders at risk. As the Founders are his gods he is culturally and genetically unable to allow them to come to harm. Therefore, whether he committed the acts in question or not, the court is unable to try him until he has recovered or developed the capacity to assist in his own defense.

IMHO these would be tough legal nuts to crack, if the Federation judicial system and precident is anything like the US.

Lastly, if I were the Judge Advocate General of Starfleet I would be looking a lot harder at my own service than the Dominion's... again, we only know of _one_ bonafide "Crime Against Humanity" by a Dominion subject, and he is dead... and lesser war crimes against non-combattants would be covered in my motions above. Jem-Hadar are unable to recognize non-combattants, and there is no evidence that Dominion forces were unusually cruel in the execution of their orders.

Personally, I think the Federation and Starfleet came away with more of a soiled reputation than anyone else, including the Romulans.

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"I'd rather die standing than live on my knees..."
Shania Twain

[Owen E Oulton]

I don't see many of the TNG crew being relevant, but most of the DS9 crew would likely be present as witnesses, especially Colonel Kira and Garak. Ambassador Worf and Professor O'Brien would probably show up from Qo'noS and Earth, respectively. Capt. Phillipa Louvois from The Measure of a Man could well be on the prosecution.

[Protius]

With Section 31's original goal to kill the Founders, their psychohistorians may still predict doom for the Federation. If they still plan to finish off the race, what means would they be willing to accomplish that during the Trials? And if not that, then what is their new goal?

[Owen E Oulton]

Huh? What are you talking about?

I think Section 31 has just about shot its bolt. Its existance has been revealed, and its commander is dead along with all the info stored in his head. Sure, it can probably recover, but right now I suspect it effectiveness has been severely compromised.

Secondly, what "psychohistorians?" Wrong milieu - psychohistory is from Asimov's Foundation books, and it didn't work as advertised there, either. The closest to psychohistory in Trek is the Jack Pack, and they sure don't work for Section 31.

[calguard66]

Originally posted by Owen E Oulton:
Huh? What are you talking about?

I think Section 31 has just about shot its bolt. Its existance has been revealed, and its commander is dead along with all the info stored in his head.

<SNIPPAGE>

The closest to psychohistory in Trek is the Jack Pack, and they sure don't work for Section 31.

I doubt that the section 31 operative we've seen on screen (can't remember his name) is the head of the organization. That sort of person wouldn't be anywhere near the "front lines", and would certainly never reveal himself. I don't think he ever claimed to be, and even if he did, there are plenty of reasons for him to lie.

As for the "Jak Pack"... how do you know they aren't?


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"I'd rather die standing than live on my knees..."
Shania Twain