NationStates

1. Permits member states to use capital punishment, subject to this resolution and prior World Assembly law;
   
   
2. Restricts the use of capital punishment to grave crimes for which death is a proportionate punishment, including but not limited to aggravated murder, treason, war crimes, crimes against humanity, and crimes against peace;
   
   
3. Recommends that, in the interests of mercy, member states refrain from the use of capital punishment except where necessary to defend society;
   
   
4. Prohibits member states from executing a person for a crime if that person:
   
   1. is pregnant,
   2. was under the age of legal competence when the crime was committed, or
   3. cannot be held legally responsible for the crime for reasons such as mental illness;
5. Requires member states to:
   
   1. provide, at a minimum, the same protections under criminal procedure to condemned persons and defendants potentially subject to capital punishment that are afforded to any other convict or defendant,
   2. refrain from performing summary or extrajudicial executions, and
   3. take all reasonable steps to ensure that no person is wrongfully executed, including but not limited to deferring an execution until all available appeals have been exhausted or waived;
6. Directs member states to accede to the reasonable requests of a condemned person to permit:
   
   1. close friends and family of the condemned person to visit the condemned person prior to their execution and to be present during their execution, and
   2. a chaplain of a religious denomination specified by the condemned person to minister to the condemned person prior to and during their execution;
7. Prohibits member states from employing any method of capital punishment that causes suffering unnecessary to facilitate the timely death of a conscious person, including but not limited to burning, dismemberment, or starvation;
   
   
8. Requires member states to:
   
   1. treat the bodies of executed persons with dignity and respect, and to provide them to the executed person's family or other individual previously designated by the executed person if available, and
   2. make appropriate restitution in the event of a wrongful execution, in accordance with World Assembly law;
9. Prohibits member states from:
   
   1. requiring any person to assist in an execution in cases where:
      
      1. the person would otherwise have a duty to assist in an execution to pursuant to government regulation, an employment agreement, or a contract, and
      2. the person sincerely objects to the practice of capital punishment,
   2. punishing or otherwise discriminating against such a person for refusing to assist in an execution in such circumstances;
10. Clarifies that the prior clause does not apply to persons who:
    
    1. fail to provide reasonable notice of their objections to appropriate parties, as required by law, in advance of refusing to carry out their duties, or
    2. object to performing the majority of the duties for which they are employed or contracted;
11. Prohibits member states from extraditing a person to any jurisdiction that has not acceded to the requirements of this resolution, to the extent permitted by prior World Assembly law;
    
    
12. Permits member states to refrain from extraditing a person to any jurisdiction where they would potentially be subject to capital punishment, to the extent permitted by prior World Assembly law;
    
    
13. Prohibits World Assembly institutions from issuing or carrying out a sentence of capital punishment, or providing any funds to a member state for such purpose;
    
    
14. Clarifies that nothing in this resolution prohibits the World Assembly from further legislating on criminal law, so long as such legislation is neutral with respect to the practice of capital punishment.

Kenmoria wrote:“Put line breaks between each clause please.

Auralia wrote:

Kenmoria wrote:“Put line breaks between each clause please.

That's not possible when using a numbered list. Line breaks will automatically be added when the proposal is submitted.

EDIT: Actually, it is, if you add empty lists after each line. I'll just remove those when it's time to submit.

Code: Select all

[list=1]
[*]Lifts high the Cross,


[*]Proclaims the love of Christ,


[*]Adores his sacred name.[/list]

Auralia wrote:7. Requires member states to permit, at the request of a condemned person, a chaplain of a religious denomination specified by the condemned person to minister to the condemned person prior to and during their execution;

12. Prohibits member states from extraditing a person to a non-member state where they would potentially be subject to capital punishment;

13. Permits member states to refrain from extraditing a person to any jurisdiction where they would potentially be subject to capital punishment, to the extent permitted by prior unrepealed resolutions;

United Massachusetts wrote:You just have to put two empty lines between. Not just one. And that carries over to the proposal interface.

The Rhenish League wrote:One little suggestion for clause 3b: '[...] was under the age of legal competence, as defined by national law, when the crime was committed [...]' - or something similar; just a completion to sort out possible misunderstandings regarding the definition of the particular age at which a person can be held responsible enough for their crime to make the application of death penalty justifiable."

Kenmoria wrote:“Clause 2 is very vague, and could be constructed to mean almost anything depending on the cultural values and priorities of individual nations.

Kenmoria wrote:Also, I disagree with clause 9 in that people should definitely be anesthetised before their death, not doing so means willingly causing pain and is thus little more than torture.”

Wallenburg wrote:"I have two questions. First, how does this affect member states that do not attach chaplains to their prison systems?

Wallenburg wrote:Second, in the event that such a request would put the health or safety of the relevant chaplain at risk, are member states still required to permit the request?"

Wallenburg wrote:

12. Prohibits member states from extraditing a person to a non-member state where they would potentially be subject to capital punishment;

13. Permits member states to refrain from extraditing a person to any jurisdiction where they would potentially be subject to capital punishment, to the extent permitted by prior unrepealed resolutions;

"We are opposed to this. Allowing criminals to roam freely because they escaped to another member state is unacceptable. These clauses will only erode diplomatic ties and distress the justice systems of member and non-member states alike."

Liberimery wrote:Is there language that allows countries without death penalty to refuse an extradition to nations that have death penalty if and only if the crime requested for extradition is a capital offense.

Cosmopolitan borovan wrote:"Opposed, repeal crime and punishement passed by 75%, it proves to be a contentious issue that may be repealed again."

Auralia wrote:This proposal is a replacement for Preventing the Execution of Innocents upon its inevitable failure or repeal.

It is a blocker similar to Assisted Suicide Act but I believe it to be somewhat more restrictive than Convention on Execution and Crime and Punishment, the two prior General Assembly resolutions on capital punishment.

Capital Punishment Act
Category: Civil Rights | Strength: Significant

Recognizing the controversy surrounding capital punishment and this Assembly's repeated attempts to legislate on this issue,

Seeking to enact a compromise whereby member states retain the freedom to use capital punishment subject to reasonable restrictions, or alternatively to prohibit the practice altogether,

The General Assembly,

1. Permits member states to use capital punishment, subject to this resolution and prior World Assembly law;
   
   
2. Restricts the use of capital punishment to grave crimes for which death is a proportionate punishment, including but not limited to aggravated murder, treason, war crimes, crimes against humanity, and crimes against peace;
   
   
3. Recommends that, in the interests of mercy, member states refrain from the use of capital punishment except where necessary to defend society;
   
   
4. Prohibits member states from executing a person for a crime if that person:
   
   1. is pregnant,
   2. was under the age of legal competence when the crime was committed, or
   3. cannot be held legally responsible for the crime for reasons such as mental illness;
5. Requires member states to:
   
   1. provide, at a minimum, the same protections under criminal procedure to condemned persons and defendants potentially subject to capital punishment that are afforded to any other convict or defendant,
   2. refrain from performing summary or extrajudicial executions, and
   3. take all reasonable steps to ensure that no person is wrongfully executed, including but not limited to deferring an execution until all available appeals have been exhausted or waived;
6. Directs member states to accede to the reasonable requests of a condemned person to permit:
   
   1. close friends and family of the condemned person to visit the condemned person prior to their execution and to be present during their execution, and
   2. a chaplain of a religious denomination specified by the condemned person to minister to the condemned person prior to and during their execution;
7. Prohibits member states from employing any method of capital punishment that causes suffering unnecessary to facilitate the timely death of a conscious person, including but not limited to burning, dismemberment, or starvation;
   
   
8. Requires member states to:
   
   1. treat the bodies of executed persons with dignity and respect, and to provide them to the executed person's family or other individual previously designated by the executed person if available, and
   2. make appropriate restitution in the event of a wrongful execution, in accordance with World Assembly law;
9. Prohibits member states from:
   
   1. requiring any person to assist in an execution in cases where:
      
      1. the person would otherwise have a duty to assist in an execution to pursuant to government regulation, an employment agreement, or a contract, and
      2. the person sincerely objects to the practice of capital punishment,
   2. punishing or otherwise discriminating against such a person for refusing to assist in an execution in such circumstances;
10. Clarifies that the prior clause does not apply to persons who:
    
    1. fail to provide reasonable notice of their objections to appropriate parties, as required by law, in advance of refusing to carry out their duties, or
    2. object to performing the majority of the duties for which they are employed or contracted;
11. Prohibits member states from extraditing a person to any jurisdiction that has not acceded to the requirements of this resolution, to the extent permitted by prior World Assembly law;
    
    
12. Permits member states to refrain from extraditing a person to any jurisdiction where they would potentially be subject to capital punishment, to the extent permitted by prior World Assembly law;
    
    
13. Prohibits World Assembly institutions from issuing or carrying out a sentence of capital punishment, or providing any funds to a member state for such purpose;
    
    
14. Clarifies that nothing in this resolution prohibits the World Assembly from further legislating on criminal law, so long as such legislation is neutral with respect to the practice of capital punishment.

Sierra Lyricalia wrote:"We would support this resolution wholeheartedly if Clauses 12 and 13 were modified to exclude those suspected of war crimes or crimes against humanity from their protections. As currently written these clauses would castrate the World Assembly's - and its members' - ability to achieve justice for such crimes."

Bears Armed wrote:"I would suggest extending clause 1 by adding the words 'that is still in force' after 'prior World Assembly law', to help clarify that repealed resolutions on the subject do not have to be taken into account."

"Also, does clause 9 really say that a person could voluntarily contract to do a job that potentially includes involvement in carrying out executions, and then refuse to perform that duty on grounds of conscience, without facing any penalty? I think that, at the least, it should explicitly be possible to dismiss them from those jobs."

Hwa Sue,
Legal Attaché,
Bears Armed Mission to the World Assembly
(and anthropomorphic male Giant Panda).