[DEFEATED] Protecting Sapient Life

[Tinhampton]

This resolution was at vote between the 28th of January and 1st of February, 2021.
It was defeated by a margin of 7,992 votes (about 55%) to 6,643 (about 45%).

---

This proposal has been submitted to the General Assembly Civil Rights Board.
NOTE: at 2030 GMT or so on the 27th of January 2021, this proposal reached quorum with Saint Jonas' approval, the 58th all told. At 0643 GMT on the 28th of January 2021, this proposal returned to quorum with Smiley Bob's approval, also the 58th all told.

---

Character count: 757
Word count: 114

You will note that Death Penalty Ban allows for the death penalty for "crimes under a military penal code committed during time of war." IA has asserted that this is because support for an outright ban is "unclear." There's only one way to find out...

Protecting Sapient Life
A resolution to improve worldwide human sapient and civil rights.

Category: Civil Rights

Strength: Mild

Proposed by: Tinhampton

---

Recognising that GA#535 "Death Penalty Ban," while outlawing capital punishment in most circumstances, permits its deployment under military law in some circumstances, and

Seeking to abolish capital punishment in all circumstances across the WA, for reasons that have been stated in at least three different resolutions...

The General Assembly hereby:

1. forbids the imposition of the death penalty in all cases where such has not already been prohibited by prior and standing international law, and
2. prohibits members from deporting any person to a nation where said person faces a reasonable possibility of being sentenced to death for the crimes they have been charged with committing.

Co-authored with Gorundu.

The General Assembly hereby:

1. forbids the imposition of the death penalty in all cases, subject to prior and standing international law, and
2. prohibits members from deporting any person that could be sentenced to death to a state that permits the death penalty.

[Greater Cesnica]

OOC: After DPB hits the floor and hopefully passes, I'll support this to finally eradicate capital punishment.

[Honeydewistania]

No.

[Picairn]

No.

I concur. Brutal dictators and genocidal megalomaniacs should be executed.

[Tinfect]

OOC:
Any society which chooses to protect the perpetrators of genocide and the slaughterers of civilians is a society that has chosen the side of them. This ban is ludicrous and unacceptable.

[Greater Cesnica]

No.

No.

I concur. Brutal dictators and genocidal megalomaniacs should be executed.

OOC:
Any society which chooses to protect the perpetrators of genocide and the slaughterers of civilians is a society that has chosen the side of them. This ban is ludicrous and unacceptable.

What's ludicrous and unacceptable is the disregard for the fact that innocents can and will be executed. Even military tribunals, even international criminal courts, even the most impartial, well-staffed trials can perform a miscarriage of justice.

[Picairn]

What's ludicrous and unacceptable is the disregard for the fact that innocents can and will be executed. Even military tribunals, even international criminal courts, even the most impartial, well-staffed trials can perform a miscarriage of justice.

Evidence for your claims? Dictators, generals, and other perpretrators of war crimes aren't some random dudes to be so easily mistaken for innocents.

[Tinfect]

[...]Even military tribunals, even international criminal courts, even the most impartial, well-staffed trials can perform a miscarriage of justice.

OOC:
I agree, it's why reprehensible war criminals are so often allowed to go free with the comfortable support of the victor of any given conflict. Unfortunately, current WA Law enables this; fixing that is the next step.
People being executed for war crimes they didn't commit is an absurdist fantasy I won't even entertain.

[Greater Cesnica]

People being executed for war crimes they didn't commit is an absurdist fantasy I won't even entertain.

Do you believe it's impossible?

[Greater Cesnica]

What's ludicrous and unacceptable is the disregard for the fact that innocents can and will be executed. Even military tribunals, even international criminal courts, even the most impartial, well-staffed trials can perform a miscarriage of justice.

Evidence for your claims? Dictators, generals, and other perpretrators of war crimes aren't some random dudes to be so easily mistaken for innocents.

When it comes to the 'other perpetrators', miscarriages of justice can occur more commonly. Members of a squadron or unit falsely convicted and executed for the crimes of other soldiers within those same squadrons and units. Since we're talking about military tribunals here, Taiwan wrongfully convicted and executed a soldier via military tribunal for rape and murder in 1997, with his innocence coming to light more than a decade later: https://www.bbc.com/news/world-asia-pacific-15476561

[Honeydewistania]

No.

I concur. Brutal dictators and genocidal megalomaniacs should be executed.

OOC:
Any society which chooses to protect the perpetrators of genocide and the slaughterers of civilians is a society that has chosen the side of them. This ban is ludicrous and unacceptable.

What's ludicrous and unacceptable is the disregard for the fact that innocents can and will be executed. Even military tribunals, even international criminal courts, even the most impartial, well-staffed trials can perform a miscarriage of justice.

I agree. That's why we should mandate the abolishment of the judicial system in every country.

[Anarchist Republic of Melodia]

Our previous position on the death penalty (that it is not the business of any hierarchical state to determine the line between life and death) remains. Any society still contains myriad ways to deal with the likes of war criminals that effectively nullifies their ability to create more destruction besides the imposition of hierarchical violence.

Beyond our usual argument from the injustice of hierarchical violence, the ARM would also like to put forward a more Liberal-minded argument. Freedom can be returned to a man who has had it wrongly taken from him. Assets can be returned to innocents convicted of a crime in light of new information. None of us can return life to the dead. The price of even one innocent citizen killed is much too high.

[Greater Cesnica]

Our previous position on the death penalty (that it is not the business of any hierarchical state to determine the line between life and death) remains. Any society still contains myriad ways to deal with the likes of war criminals that effectively nullifies their ability to create more destruction besides the imposition of hierarchical violence.

Beyond our usual argument from the injustice of hierarchical violence, the ARM would also like to put forward a practical argument. Freedom can be returned to a man who has had it wrongly taken from him. Assets can be returned to innocents convicted of a crime in light of new information. None of us can return life to the dead. The price of even one innocent citizen killed is much too high.

IC: "Excellent points, ambassador. Indeed, executing an individual has no practical reasons, whereas imprisonment has practical purpose in the pursuit of obtaining justice and the safety of the general populace."

[Anarchist Republic of Melodia]

IC: "Excellent points, ambassador. Indeed, executing an individual has no practical reasons, whereas imprisonment has practical purpose in the pursuit of obtaining justice and the safety of the general populace."

Do not mistake my intentions; ARM broadly condemns traditional prison structures in favour of a community-oriented approach to justice and rehabilitation. As a matter of principle, we discourage all traditional incarcerations and the infrastructure they rely on. But we would always rather see our peers in the international community incarcerate criminal subjects than kill them.

[WayNeacTia]

No.

[Sannyamathland]

So this means,you are allowing the terrorists who kill thousands of innocent people for something as trivial as religion,a right to live ?!
The terrorists are not innocent people,they are savages,worse than animals,and have no right to live.
So I am against this !

[Npc West Florida]

Character count: 280
Word count: 45

You will note that Death Penalty Ban allows for the death penalty for "crimes under a military penal code committed during time of war." IA has asserted that this is because support for an outright ban is "unclear." There's only one way to find out...

(Image)
Protecting Sapient Life
A resolution to improve worldwide human sapient and civil rights.

Category: Civil Rights

Strength: Mild

Proposed by: Tinhampton

---

The General Assembly hereby:

1. forbids the imposition of the death penalty in all cases, subject to prior and standing international law, and
2. prohibits members from deporting any person that could be sentenced to death to a state that permits the death penalty.

Will it outlaw abortion? Because I would be 100% for this bill of it does

[Tinfect]

Will it outlaw abortion? Because I would be 100% for this bill of it does

OOC:
Capital Punishment ≠ Abortion; not only does this not do that, it couldn't. Reproductive rights are protected by other standing legislation.

[Picairn]

When it comes to the 'other perpetrators', miscarriages of justice can occur more commonly. Members of a squadron or unit falsely convicted and executed for the crimes of other soldiers within those same squadrons and units. Since we're talking about military tribunals here, Taiwan wrongfully convicted and executed a soldier via military tribunal for rape and murder in 1997, with his innocence coming to light more than a decade later: https://www.bbc.com/news/world-asia-pacific-15476561

I can give you the argument if the perpretrator is a soldier of a unit or squadron, but dictators and generals aren't very so anonymous. Plus, in the NS world we have already ensured that death penalty is applied with the highest standards of evidence. With the restriction to only war crimes and the infamy of genocidal dictators and generals, the death penalty is only going to get more precise. How many innocents have been mistaken for dictators and generals?

Our previous position on the death penalty (that it is not the business of any hierarchical state to determine the line between life and death) remains. Any society still contains myriad ways to deal with the likes of war criminals that effectively nullifies their ability to create more destruction besides the imposition of hierarchical violence.

Beyond our usual argument from the injustice of hierarchical violence, the ARM would also like to put forward a more Liberal-minded argument. Freedom can be returned to a man who has had it wrongly taken from him. Assets can be returned to innocents convicted of a crime in light of new information. None of us can return life to the dead. The price of even one innocent citizen killed is much too high.

"Frankly, I am disappointed that you would side with genocidal megalomaniacs over their victims. As an anarchist society, you should know that mob rule isn't so more noble than "hierarchial violence", that anarchist states have failed to prevent extrajudicial killings and sham trials by revolutionary mobs, in many ways even allowed them to happen.

You blabber a lot about freedom and innocent citizens, but what you miss is that imprisoned dictators and generals still possess certain influence over their followers, and they have the potential to cause further death and destruction once they are freed from prison. Foreign powers have attacked prisons to free dictators in the past and installed them as part of a new puppet government, only to continue the same old oppression. I prefer to kill one and save more in the future than to potentially let them be rescued by foreign powers and followers from prison and create more carnage."

OOC: Real life examples include the infamous rescue of Mussolini by Hitler's SS troops. https://en.m.wikipedia.org/wiki/Gran_Sasso_raid

[Astrobolt]

"Full support."

[Bananaistan]

Yes

[Pope Saint Peter the Apostle]

"Full support, Ambassador. The WA should end this barbaric practice."

[Marxist Germany]

"I find it ironic that those who want to punish genocidal dictators choose to use murder to do so; two wrongs do not make a right."

You blabber a lot about freedom and innocent citizens, but what you miss is that imprisoned dictators and generals still possess certain influence over their followers, and they have the potential to cause further death and destruction once they are freed from prison. Foreign powers have attacked prisons to free dictators in the past and installed them as part of a new puppet government, only to continue the same old oppression. I prefer to kill one and save more in the future than to potentially let them be rescued by foreign powers and followers from prison and create more carnage.

"This argument relies on the pretext that the leader dying will stop oppression from happening if these foreign powers want it. If a foreign power is willing to invade a country to free a former dictator in order to reinstall him and continue his previous oppression, what is stopping the same country from installing a different puppet to perform the same purpose? What about creating a martyr of this former dictator by killing them, reinforcing the cult of personality around him?"

[Tinhampton]

This was submitted and received 33 of the required 58 approvals before it was withdrawn. To answer some concerns:

• This is deliberately not a pale imitation of Death Penalty Ban. As I said in the OP's prologue, Article 1 of DPB is very clear that, upon its passage and in the absence of other resolutions, the death penalty may still be administered "for crimes under a military penal code committed during time of war." IA has asserted that this is because "[p]olitical support for an absolute ban is unclear." How many people do you know that only support the death penalty under the exemption listed in Article 1 of DPB? That's my point and part of the reason why I'm pushing this
• I agree that Article b - which "prohibits members from deporting any person that could be sentenced to death to a state that permits the death penalty" - is overbroad, and will be looking at nuancing or removing this article when I resubmit this.
• The words "sapient life" do not appear anywhere in the actual text of this proposal. Ergo no need for definition.
• The other Tin is correct ;P

[Tinhampton]

:clap: When this proposal is put forward we will protect all life. With prison reform more and likely passed their will be no need for the death penalty.

([url=https://i.ibb.co/rdtyckt/Texkentuck-nation-states.png]Image)[/url]

Tinhampton doesn't have the death penalty either but some member states might... for now

This proposal will be resubmitted very soon - perhaps as soon as I firmly believe that Death Penalty Ban will become law