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[PASSED] Prohibition Of Honor-Based Violence

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Greater Cesnica
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[PASSED] Prohibition Of Honor-Based Violence

Postby Greater Cesnica » Thu Feb 25, 2021 8:10 pm

Category: Civil Rights
Strength: Mild
The General Assembly,

Believing that acts of honor-based violence are especially heinous, and represent a fundamental betrayal of the trust afforded by a person to their relatives and members of their community,

Appalled that such acts occur in this current day and age, often with the tacit or explicit support of local authorities,

Seeking to put an end to these vile acts,

Hereby:

  1. Defines "honor-based violence" as an act of violence perpetrated against an individual by or at the direction of a relative or any other member of a community, due to the perception that the individual has brought shame or dishonor upon their family or community, or has otherwise violated an honor code.
  2. Prohibits:
    1. honor-based violence from being carried out in any member state and;
    2. the belief that the victim of an act of violence brought shame or dishonor upon their family or community, or otherwise violated an honor code, from being permitted as a part of:
      1. any defense in criminal proceedings or
      2. any argument to reduce the severity of criminal penalties potentially applicable to the perpetrator(s) of an act of violence.
  3. Requires member states to prosecute alleged honor-based violence with at least the same severity as they prosecute other forms of alleged unlawful violence against individuals.
Last edited by Greater Cesnica on Sat Mar 13, 2021 10:51 am, edited 32 times in total.

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Greater Cesnica
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Postby Greater Cesnica » Thu Feb 25, 2021 8:15 pm

The General Assembly,

Believing that honor killings are especially heinous acts that represent a fundamental betrayal of the trust afforded by a person to their relatives and members of their community,

Appalled by the knowledge that such atrocities occur in this current day and age, often with the tacit or explicit support of local authorities,

Seeking to put an end to this vile practice,

Hereby:

  1. Defines an "honor killing" as the killing of an individual by or at the direction of a relative or any other member of a community due to the perception that the individual has brought shame or dishonor upon their family or community, and
  2. Prohibits honor killings from being carried out in any member state.
Draft created.
The General Assembly,

Believing that honor killings are especially heinous acts that represent a fundamental betrayal of the trust afforded by a person to their relatives and members of their community,

Appalled that such atrocities occur in this current day and age, often with the tacit or explicit support of local authorities,

Seeking to put an end to this vile practice,

Hereby:

  1. Defines an "honor killing" as the killing of an individual by or at the direction of a relative or any other member of a community due to the perception that the individual has brought shame or dishonor upon their family or community, and
  2. Prohibits:
    1. Honor killings from being carried out in any member state, and
    2. The perception of a victim of a killing having brought shame or dishonor upon their family or community from being used in any defense against criminal or civil liability, as a means to evade prosecution or civil action, or as a means to mitigate criminal or civil penalties.
Added 'teeth' to the resolution by prohibiting the perception of a victim of a killing having brought shame or dishonor upon their family or community from being used as a means to evade or mitigate criminal or civil penalties.
The General Assembly,

Believing that honor killings are especially heinous acts that represent a fundamental betrayal of the trust afforded by a person to their relatives and members of their community,

Appalled that such atrocities occur in this current day and age, often with the tacit or explicit support of local authorities,

Seeking to put an end to this vile practice,

Hereby:

  1. Defines an "honor killing" as the killing of an individual by or at the direction of a relative or any other member of a community due to the perception that the individual has brought shame or dishonor upon their family or community, and
  2. Prohibits:
    1. Honor killings from being carried out in any member state,
    2. The perception of a victim of a killing having brought shame or dishonor upon their family or community from being permitted as a defense against criminal or civil liability, as a means to evade prosecution or civil action, or as a means to mitigate criminal or civil penalties, and
    3. The use of jury nullification to absolve the perpetrator(s) of an honor killing of criminal responsibility or penalties.
Prohibited jury nullification for those found guilty of jury nullification.
The General Assembly,

Believing that honor killings are especially heinous acts that represent a fundamental betrayal of the trust afforded by a person to their relatives and members of their community,

Appalled that such atrocities occur in this current day and age, often with the tacit or explicit support of local authorities,

Seeking to put an end to this vile practice,

Hereby:

  1. Defines an "honor killing" as the killing of an individual by or at the direction of a relative or any other member of a community due to the perception that the individual has brought shame or dishonor upon their family or community, and
  2. Prohibits:
    1. honor killings from being carried out in any member state, and
    2. the belief that the victim of a killing brought shame or dishonor upon their family or community from being permitted as a part of:
      1. any defense within criminal proceedings related to such a killing, or
      2. any argument to reduce the severity of criminal penalties potentially applicable to the perpetrator(s) of such a killing.
Undid draft three's changes, reworded Article 2's provisions.
The General Assembly,

Believing that honor killings are especially heinous acts that represent a fundamental betrayal of the trust afforded by a person to their relatives and members of their community,

Appalled that such atrocities occur in this current day and age, often with the tacit or explicit support of local authorities,

Seeking to put an end to this vile practice,

Hereby:

  1. Defines an "honor killing" as the killing of an individual by or at the direction of a relative or any other member of a community due to the perception that the individual has brought shame or dishonor upon their family or community.
  2. Prohibits:
    1. honor killings from being carried out in any member state and;
    2. the belief that the victim of a killing brought shame or dishonor upon their family or community from being permitted as a part of:
      1. any defense in criminal proceedings questioning whether such a killing was a criminal offense or;
      2. any argument to reduce the severity of criminal penalties potentially applicable to the perpetrator(s) of such a killing.
Narrowed 2(b)(i).
The General Assembly,

Believing that honor killings are especially heinous acts that represent a fundamental betrayal of the trust afforded by a person to their relatives and members of their community,

Appalled that such atrocities occur in this current day and age, often with the tacit or explicit support of local authorities,

Seeking to put an end to this vile practice,

Hereby:

  1. Defines an "honor killing" as the killing of an individual by or at the direction of a relative or any other member of a community due to the perception that the individual has brought shame or dishonor upon their family or community.
  2. Prohibits:
    1. honor killings from being carried out in any member state and;
    2. the belief that the victim of a killing brought shame or dishonor upon their family or community from being permitted as a part of:
      1. any defense in criminal proceedings questioning whether such a killing was a criminal offense or;
      2. any argument to reduce the severity of criminal penalties potentially applicable to the perpetrator(s) of such a killing.
  3. Requires member states to prosecute alleged honor killings with at least the same severity as they prosecute other forms of alleged unlawful killings.
Added clause requiring member states to prosecute honor killings with the same severity they prosecute other types of unlawful killings.
The General Assembly,

Believing that acts of honor-based violence are especially heinous, and represent a fundamental betrayal of the trust afforded by a person to their relatives and members of their community,

Appalled that such acts occur in this current day and age, often with the tacit or explicit support of local authorities,

Seeking to put an end to these vile acts,

Hereby:

  1. Defines "honor-based violence" as an act of violence perpetrated against an individual by or at the direction of a relative or any other member of a community due to the perception that the individual has brought shame or dishonor upon their family or community, or has otherwise violated an honor code.
  2. Prohibits:
    1. honor-based violence from being carried out in any member state and;
    2. the belief that the victim of an act of violence brought shame or dishonor upon their family or community, or otherwise violated an honor code, from being permitted as a part of:
      1. any defense in criminal proceedings;
      2. any argument to reduce the severity of criminal penalties potentially applicable to the perpetrator(s) of an act of violence.
  3. Requires member states to prosecute alleged honor-based violence with at least the same severity as they prosecute other forms of alleged unlawful violence against individuals.
Expanded scope to cover honor-based violence as opposed to just killings, 2(b)(i) returned to original scope.
Last edited by Greater Cesnica on Fri Mar 05, 2021 11:00 am, edited 10 times in total.

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Separatist Peoples
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Postby Separatist Peoples » Fri Feb 26, 2021 4:25 am

"Given that an honor killing is very much a specific intent crime per your law, ambassador, how do you expect reasonable finding of intent by nations who otherwise might practice honor killings? It seems very simple for defense counsel to argue that there is no proof of specific intent relative to the crime, and a local jury is very likely to accept that facile argument to preserve the practice."

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Greater Cesnica
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Postby Greater Cesnica » Fri Feb 26, 2021 5:26 am

Separatist Peoples wrote:"Given that an honor killing is very much a specific intent crime per your law, ambassador, how do you expect reasonable finding of intent by nations who otherwise might practice honor killings? It seems very simple for defense counsel to argue that there is no proof of specific intent relative to the crime, and a local jury is very likely to accept that facile argument to preserve the practice."

"I am considering approaching this issue in an alternative manner. The 'teeth' of the resolution should that one cannot present the legal argument that the victim brought shame or dishonor upon their family or community. I'll still keep the prohibition in there, of course, but relegate this extra provision to a new Article."

OOC EDIT: And it has been done.
Last edited by Greater Cesnica on Fri Feb 26, 2021 5:43 am, edited 2 times in total.

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Imperium Anglorum
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Postby Imperium Anglorum » Fri Feb 26, 2021 8:34 am

So jury nullification.

EDIT. From Discord: On reflection, I don't think that jury nullification is a topic which can be adequately handled only within a single resolution; instead it should probably be handled as a broad civil rights question also including inquisitorial process. That being said, I withdraw the objection.
Last edited by Imperium Anglorum on Fri Feb 26, 2021 12:18 pm, edited 1 time in total.

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Greater Cesnica
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Postby Greater Cesnica » Fri Feb 26, 2021 10:22 am

And jury nullification in this circumstance has been outlawed.

Not anymore.
Last edited by Greater Cesnica on Fri Feb 26, 2021 10:59 am, edited 1 time in total.

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Greater Cesnica
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Postby Greater Cesnica » Fri Feb 26, 2021 2:52 pm

So I'll just let this sit here for a while until I feel it would be prudent to submit, and make adjustments where necessary.

update: Submitted.
Last edited by Greater Cesnica on Mon Mar 01, 2021 11:43 am, edited 6 times in total.

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The Python
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Postby The Python » Mon Mar 01, 2021 11:44 am

Full support :clap:
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Jedinsto
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Postby Jedinsto » Mon Mar 01, 2021 11:51 am

"We support and wish you luck, ambassador."
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Scalizagasti
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Postby Scalizagasti » Wed Mar 03, 2021 3:22 pm

"We fully support this proposal to end such barbaric practices. 'Honour' killings are murder, even if some countries refuse to accept that. By mandating that they be treated like any other unlawful killing, we can provide justice for any future victims of these awful crimes."
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The Langburn Islands
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Postby The Langburn Islands » Wed Mar 03, 2021 4:51 pm

"There are certain acts that are universally evil. Honor killings are one of those acts. When national legislatures fail to protect the victims of honor killings, the World Assembly has a basic moral obligation to protect those who cannot protect themselves. The Commonwealth of the Langburn Islands pledges full support towards this proposal".
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Imperium Anglorum
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Postby Imperium Anglorum » Thu Mar 04, 2021 1:21 am

Prohibits... the belief that the victim of a killing brought shame or dishonor upon their family or community... from being permitted as a part of:
any defense in criminal proceedings questioning whether such a killing was a criminal offense

So this qualification here, I think, does a very poor job at dealing with justification or excuse. Namely, it doesn't deal with it at all.

To touch on a simple example: If it is an offence to drive vehicles in the park, vehicle is defined to be 'any means of conveyance including ambulances', the legislature explicitly says 'no exceptions', and the judges are all strict textualists, an ambulance driving into the park to save someone commits an offence. But that offence is justified and it is not punished.

The qualification in your proposal, by omission, allows a dishonour claim as justification for the offence to wipe away the crime and the grounds for punishment entirely. This is an oversight which ought to have been corrected.
Last edited by Imperium Anglorum on Fri Mar 05, 2021 12:41 am, edited 2 times in total.

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Straona
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Postby Straona » Thu Mar 04, 2021 8:16 am

The Langburn Islands wrote:"There are certain acts that are universally evil. Honor killings are one of those acts. When national legislatures fail to protect the victims of honor killings, the World Assembly has a basic moral obligation to protect those who cannot protect themselves. The Commonwealth of the Langburn Islands pledges full support towards this proposal".

“Universally evil”? That fact is blatantly false when nations across NS allow it or permit it. Or even make it a requirement. If it’s a person’s choice to commit honor killing in order to preserve their own honor then it’s their choice to make. Not the GA.

OOC: no one thought it was evil when the Japanese did it unless it was them committing kamikaze against any country they attacked.



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The Langburn Islands
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Postby The Langburn Islands » Fri Mar 05, 2021 3:58 pm

Straona wrote:
The Langburn Islands wrote:"There are certain acts that are universally evil. Honor killings are one of those acts. When national legislatures fail to protect the victims of honor killings, the World Assembly has a basic moral obligation to protect those who cannot protect themselves. The Commonwealth of the Langburn Islands pledges full support towards this proposal".

“Universally evil”? That fact is blatantly false when nations across NS allow it or permit it. Or even make it a requirement. If it’s a person’s choice to commit honor killing in order to preserve their own honor then it’s their choice to make. Not the GA.

OOC: no one thought it was evil when the Japanese did it unless it was them committing kamikaze against any country they attacked.

"Ambassador, may I remind you that just because something is allowed or permitted under national law does not make it morally right. The people who are most often subjected to honor killings are nearly always disadvantaged minorities. Honor killings are murder and should be regarded as such under international law. The General Assembly has a moral obligation to intervene into the affairs of member nations when acts of unspeakable evil are being committed.

The Commonwealth of the Langburn Islands will not accept the argument that honor killings are a key component of many national cultures and should therefore be permitted under international law. The General Assembly will never sanction murder no matter what form. Nations that practice barbaric practices should fear the might of the General Assembly intervening to fight for a better, fairer world. Traditional practices which are universally morally wrong will be judged to be universally morally wrong by the General Assembly".
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The Python
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Postby The Python » Fri Mar 05, 2021 6:13 pm

The Langburn Islands wrote:
Straona wrote:“Universally evil”? That fact is blatantly false when nations across NS allow it or permit it. Or even make it a requirement. If it’s a person’s choice to commit honor killing in order to preserve their own honor then it’s their choice to make. Not the GA.

OOC: no one thought it was evil when the Japanese did it unless it was them committing kamikaze against any country they attacked.

"Ambassador, may I remind you that just because something is allowed or permitted under national law does not make it morally right. The people who are most often subjected to honor killings are nearly always disadvantaged minorities. Honor killings are murder and should be regarded as such under international law. The General Assembly has a moral obligation to intervene into the affairs of member nations when acts of unspeakable evil are being committed.

The Commonwealth of the Langburn Islands will not accept the argument that honor killings are a key component of many national cultures and should therefore be permitted under international law. The General Assembly will never sanction murder no matter what form. Nations that practice barbaric practices should fear the might of the General Assembly intervening to fight for a better, fairer world. Traditional practices which are universally morally wrong will be judged to be universally morally wrong by the General Assembly".

This this this. Honour killings are always unethical.
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Bananaistan
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Postby Bananaistan » Sun Mar 07, 2021 12:13 am

OOC: How does this increase civil freedoms, IE shall the WA require its members to exert ... less control over the personal aspects of the lives of their citizens/subjects?
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Neazland
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Postby Neazland » Sun Mar 07, 2021 10:02 am

Hasn't there already been a WA proposal like this?
Prohibition of Honor Killings.

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Postby Jedinsto » Sun Mar 07, 2021 10:20 am

Neazland wrote:Hasn't there already been a WA proposal like this?
Prohibition of Honor Killings.

This is the same author, they edited the scope of the resolution enough to change the title. The Prohibition of honor killings never went to vote or passed.
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Postby Western Theram » Tue Mar 09, 2021 10:39 am

we back this proposal 100%
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