[Draft] Restriction of Unjust Execution

[Tinfect]

Restriction of Unjust Execution
Category: Civil Rights || Strength: Strong

Origin: Imperium of Tinfect,

Author: Raslin Seretis

Imperial Division of Foreign Policy and Diplomatic Action

Counsel: Tolarn Feren

Counsel: Jasot Rehlan

---

The World Assembly,

Annoyed by the continued insistence on passing legislation that will merely facilitate legal abuses,

Convinced that there exist cases wherein the harshest punishments available to Member-States are not merely justified, but a moral imperative,

Recognizing that in such cases, there will all but certainly exist such an incredible excess of evidence that wrongful conviction is effectively impossible,

And seeking to immediately prevent any further abuses of criminal justice systems,

Hereby:

Reserves to member states the right to carry out capital punishment for genocide or war crimes, as defined by the World Assembly,

Mandates:

1. That Member-States provide to prisoners sentenced to capital punishment accessible legal counsel and support, including access to appeals and stays of execution,
2. The use of the highest reasonable standards of evidence when considering the use of capital punishment,
3. That all executions be held at a reasonable date past sentencing, following any processing time for applicable legal requests, inquiries, and appeals,

Prohibits:

1. Any Member-State from sentencing or carrying out capital punishment for any other crime,
2. The sentencing of any individual under the age of majority, or any individual deemed legally incompetent, to capital punishment,
3. The practice of summary or otherwise extrajudicial executions,

[Greater Cesnica]

Opposed as this resolution is literally the exact same blocker to banning capital punishment that I am repealing.

[Tinfect]

Opposed as this resolution is literally the exact same blocker to banning capital punishment that I am repealing.

OOC:
Yes, that's the idea.

[Greater Cesnica]

Opposed as this resolution is literally the exact same blocker to banning capital punishment that I am repealing.

OOC:
Yes, that's the idea.

OOC: Hey, I respect your commitment.

[Separatist Peoples]

Opposed as this resolution is literally the exact same blocker to banning capital punishment that I am repealing.

"This outlines our belief. Nonetheless, we wish the Imperium the very best of luck."

[Tinfect]

OOC:
This has been submitted as-is, because, again, god forbid any so much as look the damn thing over to check for obvious flaws.

[Greater Cesnica]

In the interest of transparency, here is a counter-campaign I have sent concerning this flawed proposal:

The above telegram was sent by me in response to this telegram authored by Tinfect:

[Junitaki-cho]

OOC:
This has been submitted as-is, because, again, god forbid any so much as look the damn thing over to check for obvious flaws.

We did this last week. You might have seen it in the General Assembly.

[Tinfect]

We did this last week. You might have seen it in the General Assembly.

OOC:
No, you have it confused for a dishonest repeal effort, this is legislation, not a repeal.

[Greater Cesnica]

We did this last week. You might have seen it in the General Assembly.

OOC:
No, you have it confused for a dishonest repeal effort, this is legislation, not a repeal.

Peter, Tinhampton, and I were quite up front actually. We repealed your legislation because it was written specifically to prevent a ban on the death penalty. We made that clear both in and outside of our repeal.

[Astrobolt]

OOC:
No, you have it confused for a dishonest repeal effort, this is legislation, not a repeal.

OOC: How was the repeal dishonest? A spiritual successor to ICP (without the death penalty blocker) was just submitted.

[Bananaistan]

"We are opposed on account of the death penalty provision."

[Greater Cesnica]

Definition #4 is quite peculiar:

"Forced Prisoner Labor as: any and all mandatory, coerced, or incentivized labor performed by prisoners,"

Bolding is mine. Correct me if I'm wrong, but doesn't 'incentivized labor' cover voluntary, paid work performed by prisoners? Since payment is, after all, an incentive. Let's strip away the 'performed by prisoners' part. Coerced and mandatory labor is bad, yeah. But incentivized labor. Incentivized labor is working at a construction site for money. Incentivized labor is lifting crates at a warehouse for money. You see where I'm going with this? Is all that work forced now? Should we criminalize those things too?

[Tinfect]

Bolding is mine. Correct me if I'm wrong, but doesn't 'incentivized labor' cover voluntary, paid work performed by prisoners? Since payment is, after all, an incentive.

"The section is intended to prevent Member-States from 'offering' labor to prisoners in exchange for reduced sentences; if there were concerns that the clause is perhaps overreaching, they should have been raised previously."

[Pope Saint Peter the Apostle]

"Strongly oppose. We would rather the WA is not burdened with the same question it decisively answered over the last three days."

OOC: I concur with GC that the definition of 'forced labour' seems rather odd. And rusing a proposal in 6 days and then complaining that people didn't raise all concerns in that time frame is bad form.

[Greater Cesnica]

Bolding is mine. Correct me if I'm wrong, but doesn't 'incentivized labor' cover voluntary, paid work performed by prisoners? Since payment is, after all, an incentive.

"The section is intended to prevent Member-States from 'offering' labor to prisoners in exchange for reduced sentences; if there were concerns that the clause is perhaps overreaching, they should have been raised previously."

OOC:
>Be Tinfect
>Rush proposal to submission
>Proposal has flaw
>surprisedpikachu.jpg

[Tinfect]

OOC: I concur with GC that the definition of 'forced labour' seems rather odd. And rusing a proposal in 6 days and then complaining that people didn't raise all concerns in that time frame is bad form.

OOC:
The proposal was not rushed. It had been drafted for quite an extended period prior, and retains much of the text of the original. To my admittedly poor memory, this thread was posted before the repeal even made it to vote; about as early as I could have possibly posted. This attack is dishonest and absurd.

OOC:
>Be Tinfect
>Rush proposal to submission
>Proposal has flaw
>surprisedpikachu.jpg

And this is just childish.

[Greater Cesnica]

OOC: I concur with GC that the definition of 'forced labour' seems rather odd. And rusing a proposal in 6 days and then complaining that people didn't raise all concerns in that time frame is bad form.

OOC:
The proposal was not rushed. It had been drafted for quite an extended period prior, and retains much of the text of the original. To my admittedly poor memory, this thread was posted before the repeal even made it to vote; about as early as I could have possibly posted. This attack is dishonest and absurd.

OOC:
>Be Tinfect
>Rush proposal to submission
>Proposal has flaw
>surprisedpikachu.jpg

And this is just childish.

OOC: I'm taking a humorous approach to this.

[Tinfect]

OOC: I'm taking a humorous approach to this.

OOC:
I'm sure.

[Pope Saint Peter the Apostle]

OOC: I concur with GC that the definition of 'forced labour' seems rather odd. And rusing a proposal in 6 days and then complaining that people didn't raise all concerns in that time frame is bad form.

OOC:
The proposal was not rushed. It had been drafted for quite an extended period prior, and retains much of the text of the original. To my admittedly poor memory, this thread was posted before the repeal even made it to vote; about as early as I could have possibly posted. This attack is dishonest and absurd,

OOC: You could've waited with submitting...

[Refuge Isle]

We did this last week. You might have seen it in the General Assembly.

OOC:
No, you have it confused for a dishonest repeal effort, this is legislation, not a repeal.

If the repeal was inaccurate or it misrepresented the contents of its target, you should have lodged a legality challenge with your argument.

Having a resolution repealed on ideological grounds of what is good and right is not a dishonest effort. It is simply inconvenient to your politics.

I will be voting against this proposal, as before.

[Tinfect]

OOC: You could've waited with submitting...

OOC:
That was dependent on IA not submitting his before I even woke up. I do like to have a vague chance of getting to vote, it generally helps.

[Greater Cesnica]

OOC: You could've waited with submitting...

OOC:
That was dependent on IA not submitting his before I even woke up. I do like to have a vague chance of getting to vote, it generally helps.

OOC: What's the point if it fails upon reaching the floor? Just refine it.

[Tinfect]

OOC: What's the point if it fails upon reaching the floor? Just refine it.

OOC:
I am reasonably confident that it won't, as this isn't really a substantial flaw, or, one at all. It's unintended surely, but not a flaw.
Do forgive me, but I am certain that the success of either of our drafts is entirely dependent on which gets to vote first, moreso than the merits of any one position.

[Greater Cesnica]

OOC: What's the point if it fails upon reaching the floor? Just refine it.

OOC:
I am reasonably confident that it won't, as this isn't really a substantial flaw, or, one at all. It's unintended surely, but not a flaw.
Do forgive me, but I am certain that the success of either of our drafts is entirely dependent on which gets to vote first, moreso than the merits of any one position.

OOC: People will also come at it from the ideological perspective. So those who support capital punishment will favor yours, whereas those who don't will favor mine.