[Challenge] Extrajudicial punishment thingy

by **Separatist Peoples** » Tue Apr 25, 2017 5:54 am

by **Christian Democrats** » Thu Apr 27, 2017 2:51 am

https://www.nationstates.net/page=WA_past_resolution/id=323/council=1

by **Separatist Peoples** » Thu Apr 27, 2017 5:52 am

Christian Democrats wrote:https://www.nationstates.net/page=WA_past_resolution/id=323/council=1

I can see room to argue that the proposal being challenged is one that regulates the behavior of independent actors, while NPWL regulates states themselves. It seems that's the argument in the drafting thread.

by **Glen-Rhodes** » Sat Apr 29, 2017 11:40 am

Extrajudicial punishment doesn't care if a law is public or secret. It just means that somebody is being punished without going through the judicial system. Given that, I don't see any duplication with Fairness in Criminal Trials either. That resolution is assuming that people are being charged and taken to the court, and doesn't touch on what happens when the state is skipping those steps altogether.

by **Sciongrad** » Sun Apr 30, 2017 5:43 pm

GAR#37 only requires that individuals charged with crimes be given a trial. To my knowledge, no resolution forbids punishing individuals outside of the formal legal system. Even NPWL only prevents member nations from punishing individuals where the law doesn't exist. Punishing someone for suspected political subversion, if that's illegal, through extrajudicial execution is not forbidden by any resolution. Recall GAR#112 once banned summary execution, which is a type of extrajudicial punishment. I say this is legal.

by **Sierra Lyricalia** » Sun Apr 30, 2017 8:12 pm

Sciongrad wrote:GAR#37 only requires that individuals charged with crimes be given a trial. To my knowledge, no resolution forbids punishing individuals outside of the formal legal system. Even NPWL only prevents member nations from punishing individuals where the law doesn't exist. Punishing someone for suspected political subversion, if that's illegal, through extrajudicial execution is not forbidden by any resolution. Recall GAR#112 once banned summary execution, which is a type of extrajudicial punishment. I say this is legal.

I agree. The initial opinion that I gave in the public thread stands.

by **Bears Armed** » Mon May 01, 2017 4:07 am

Agreed.

by **Separatist Peoples** » Mon May 01, 2017 5:49 am

Eh, I guess.

by **Sciongrad** » Mon May 01, 2017 5:33 pm

The question before us is whether or not extrajudicial punishment has already been proscribed incidentally by broader requirements in extant legislation. The first contender is GAR#37, Fairness in Criminal Trials, which guarantees a right to a trial to all individuals accused of committing crimes. GAR#37 only requires that individuals charged with crimes be given a trial, however. To our knowledge, no resolution forbids punishing individuals outside of the formal legal system. Even GAR#323, No Penalty Without Law, only prevents member nations from punishing individuals where the law doesn't exist. Punishing someone for suspected political subversion, if that's illegal, through extrajudicial execution is not forbidden by any resolution. Recall GAR#112 once banned summary execution, which is a type of extrajudicial punishment.

With this in mind, we hold that the resolution does not, in fact, duplicate extant legislation.

by **Sierra Lyricalia** » Mon May 01, 2017 5:38 pm

Cite the resolution number for NPWL and that's good to go. I join Scion's opinion.

by **Separatist Peoples** » Tue May 02, 2017 6:53 pm

Sierra Lyricalia wrote:Cite the resolution number for NPWL and that's good to go. I join Scion's opinion.

Me too.

by **Glen-Rhodes** » Wed May 03, 2017 5:12 am

I'll sign on

[Challenge] Extrajudicial punishment thingy

[Challenge] Extrajudicial punishment thingy

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