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[Passed] End Collective Punishment

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The Forest of Aeneas
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Founded: Apr 15, 2022
Left-wing Utopia

[Passed] End Collective Punishment

Postby The Forest of Aeneas » Thu Apr 21, 2022 1:33 pm

The World Assembly:

Believing that collective punishment is grossly unfair, as it purposefully targets the innocent, and therefore a serious violation of sapient rights; and

Observing that collective punishment is a favoured tool of authoritarian regimes to suppress opposition;

Hereby, within the confines of past, standing World Assembly law:

  1. Bans member states from purposefully punishing, convicting, or otherwise targetting for punishment, any individual for:

    1. Any act they did not personally commit or knowingly conspire, suppress evidence of, encourage, or facilitate; or
    2. Connection or relationship to an individual, on the basis that that individual has committed a punishable or unlawful act;
  2. Demands that all past convictions contravening this resolution by member states be fully rescinded; and
  3. Clarifies that this resolution does not ban member states from purposefully punishing, convicting, or otherwise retaliating against persons for:

    1. Membership in a proscribed organisation; or
    2. A punishable act unambiguously committed under their authority.



OOC FAQ:

Why should collective punishment be banned?

For the reasons mentioned in the preamble. Real life collective punishment comes in all shapes and sizes, current and historical, and usually in the form of heinous atrocities. Additionally, collective punishment is almost always used by authoritarian regimes to suppress opposition.

Does this ban prosecution for omission to prevent an unlawful act?

If that person's omission to prevent that act facilitated that act, or that act was committed under their authority, no. This is no loophole, as a member state must demonstrate that the omission 'facilitated' that act and that they knew about that act. An individual would presumably not know about a crime that was going to be committed by another member of, say, the same ethnic group, and even if they did, not only would that be illegal 1.b targetting, but a member state would have to show that one would usually be expected to have prevented that act, and because they failed to do so, the act succeeded easier than if an average other person had been in the same circumstances and knowing that that act was going to occur. Otherwise, the omission did not 'facilitate' that act, as it was no easier than in average circumstances.

What is the 3.b exception about?

The exception of 'a punishable act unambiguously committed under their authority' is a catch-all to avoid prohibiting respondeat superior doctrine, which arises in various situations regarding authority; e.g. employer's liability for acts by their employee within the scope of employment (which is also, rightfully, required by resolution), parental liability for acts by minor children, command responsibility for war crimes (which is also, rightfully, is required by resolution), etc. This is no loophole, as not only is authority usually clear-cut and obvious, but in the cases that it isn't, the authority must be 'unambiguous' (and therefore on fully objective grounds; subjectivity will cause ambiguity) to count for the purposes of that exception.

Can a member state just proscribe any organisation with political criminals as members?

No. GA#550: Freedom of Assocation already states the sole circumstances under which a member state can proscribe organisations, permitting them to do so in certain circumstances and prohibiting the same in all others. Were #550 to be repealed, its replacement would almost certainly do the same. This proposal's exception for membership in a proscribed organisation does not create any loophole.

Category/strength?

The original submission (thirteenth draft) was submitted under the Category: Civil Rights and Strength: Significant. This will almost certainly be resubmitted under the same category and strength.


The World Assembly:

Believing the punishment of those who have not committed an unlawful act to be grossly unfair and a serious violation of sapient rights, and further believing this to be grave enough to require international action;

Noting that collective punishment of innocents is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby, within the confines of past, standing World Assembly resolutions:

  1. Bans member states from convicting or enforcing punishment against any person for:

    1. Any act they did not personally commit; or
    2. Connection or relationship to any individual, on the basis that that individual has committed a punishable or unlawful act;
  2. Requires member states to fully rescind all convictions they have decided contravening this resolution; and
  3. Clarifies that this resolution does not ban member states from convicting or enforcing punishment against persons for:

    1. Uncoerced membership in a proscribed organisation; or
    2. Failing to reasonably prevent a punishable act unambiguously committed under their authority, or harm to one unambiguously under their specific care.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act to be grossly unfair and a serious violation of sapient rights, and further believing this to be grave enough to require international action;

Noting that collective punishment of innocents is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby, within the confines of past, standing World Assembly resolutions;

  1. Bans member states from intentionally convicting or enforcing punishment against any person for;

    1. Any action they did not personally take; or
    2. Their association or relation to one who has committed a punishable act, including, but not necessarily limited to, familial, personal, legal, or professional association, co-membership in any group, population, demographic, or organisation, or the sharing of any arbitrary or reductive characteristic.
  2. Requires member states to fully rescind all convictions they have decided that contravene this resolution.
  3. Permits member states to convict or enforce punishment against persons for;

    1. Wilful, uncoerced membership in a proscribed organisation; or
    2. A punishable act unambiguously committed under their authority or direction.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of sapient rights, and further believing this to be grave enough to require international action;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby, within the confines of past, standing World Assembly resolutions;

  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the intentional punishment of any legal person related to or associated in any way (including, but not limited to, personally, familially, legally, or professionally, as well as through co-membership in any formal or informal organisation or group, co-membership in any population or demographic, or the sharing of any arbitrary or reductive characteristic) with one that was involved in that act, except where;

    1. The act was unambiguously committed within the first-mentioned legal person's authority or direction; or
    2. They knowingly, and without any coercion into doing so, facilitated, acted as an accessory or principal to, abetted, conspired to commit, or aided that act (or attempted to do so).
  2. Bans the enforcement of collective punishment by any member state.
  3. Declares that the intentional punishment of any legal person because of their association with or relation to a legal person who has committed an unlawful or legally punishable act, where no exception in 1a or 1b applies and excluding that for wilful, uncoerced membership in a proscribed organisation, shall be considered a form of collective punishment, and treated with the same seriousness and severity as other forms of collective punishment.
  4. Requires member states to fully rescind all convictions they have decided for which punishment is illegal due to this resolution.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of sapient rights, and further believing this to be grave enough to require international action;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby, within the confines of past, standing World Assembly resolutions;

  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the intentional punishment of any legal person related to or associated in any way (including, but not limited to, personally, familially, legally, or professionally, as well as through co-membership in any formal or information organisation or group, co-membership in any population or demographic, or the sharing of any arbitrary or reductive characteristic) with one involved in that act, except where;

    1. The act was unambiguously committed within the first-mentioned legal person's authority or direction; or
    2. They knowingly, and without any coercion into doing so, facilitated, abetted, conspired to commit, or aided that act (or attempted to do so).
  2. Bans the enforcement of collective punishment by any member state.
  3. Declares that, unless an exception in 1a or 1b applies;

    1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
    2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.
  4. Requires member states to cease all sentences and punishments they are currently enforcing in contravention of this resolution, and fully rescind all convictions any of their courts have decided in contravention of the same, and strongly encourages member states to additionally provide compensation to persons previously sentenced or punished in violation of this resolution.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of sapient rights, and further believing this to be grave enough to require international action;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby, within the confines of past, standing World Assembly resolutions;

  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the punishment of any legal person related to or associated with any involved in that act in any way (including, but not limited to, personally, familially, legally, or professionally, as well as through co-membership in any formal or information organisation or group, co-membership in any population or demographic, or the sharing of any arbitrary or reductive characteristic), except where;

    1. It was unambiguously committed within that legal person's authority or direction; or
    2. They knowingly, and without any coercion into doing so, facilitated, abetted, conspired to commit, or aided that act (or attempted to do so).
  2. Bans the enforcement of collective punishment by any member state.
  3. Declares that, unless an exception in 1a or 1b applies;

    1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
    2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.
  4. Requires member states to cease all sentences and punishments they are currently enforcing in contravention of clause two or three, and fully rescind all convictions any of their courts have decided in contravention of the same, and strongly encourages member states to additionally provide compensation to persons previously sentenced or punished in contravention of this resolution.
  5. Clarifies that, within this resolution, 'punishment' does not include mere loss of membership or employment in an organisation with a legal personality due to the dissolution of, or penalty imposed upon, that organisation.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights, and further believing this to be grave enough to require international action;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby, within the confines of past, standing World Assembly resolutions;

  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the punishment of any legal person related to or associated with any involved in that act in any way (including, but not limited to, personally, familially, legally, or professionally, as well as through co-membership in any formal or information organisation or group, co-membership in any population or demographic, or the sharing of any arbitrary or reductive characteristic), and who was not involved in the act either because;

    1. It was unambiguously committed within their authority or direction; or
    2. They knowingly, and without any coercion into doing so, facilitated, abetted, conspired to commit, or aided that act (or attempted to do so).
  2. Bans the enforcement of collective punishment by any member state.
  3. Declares that, unless an exception in 1a or 1b applies;

    1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
    2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.
  4. Requires member states to cease all sentences and punishments they are currently enforcing in contravention of clause two or three, and fully rescind all convictions any of their courts have decided in contravention of the same, and strongly encourages member states to additionally provide compensation to persons previously sentenced or punished in contravention of this resolution.
  5. Clarifies that, within this resolution, 'punishment' does not include mere loss of membership or employment in an organisation with a legal personality due to the dissolution of, or penalty imposed upon, that organisation.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights, and further believing this to be grave enough to require international action;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby;

  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the punishment of any legal person associated with or related to one that committed that act, regardless of their own involvement in that act, where such punishment is not because that legal person;

    1. Failed to reasonably punish or attempt to prevent that act, where it was unambiguously committed within their authority or direction;
    2. Wilfully, and without coercion into doing so, facilitated, abetted, encouraged, conspired to commit, or aided that act, or attempted to do so; or
    3. Knowingly, and without coercion into doing so, participated in an organisation whose purpose, activity, or aim includes wilfully facilitating, encouraging, or committing unlawful acts.
  2. Clarifies that, within this resolution;

    1. 'Association or relation' shall include, but is not limited to, personal, familial, legal, or professional relation or association, co-membership in any formal or informal organisation or group, co-membership in any population or demographic (such as a racial, geographic, ethic, or ideological population or demographic), and the sharing of any arbitrary or reductive characteristic.
    2. 'Punishment' does not include mere loss of membership or employment in an organisation with a legal personality due to the dissolution of, or penalty imposed upon, that organisation.
  3. Bans the enforcement of collective punishment by any member state.
  4. Declares that, unless an exception in 1a, 1b, or 1c applies;

    1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
    2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.
  5. Requires member states to cease all sentences and punishments they are currently enforcing in contravention of clause three or four, and fully rescind all convictions any of their courts have decided in contravention of the same, and strongly encourages member states to additionally provide compensation to persons previously sentenced or punished in contravention of this resolution.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights, and further believing this to be grave enough to require international action;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby;

  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the punishment of any legal person associated with or related to one that committed that act, regardless of their own involvement in that act, where such punishment is not because that legal person;

    1. Failed to reasonably punish or attempt to prevent that act, where it was unambiguously committed within their authority or direction;
    2. Wilfully, and without coercion into doing so, facilitated, abetted, encouraged, conspired to commit, or aided that act, or attempted to do so; or
    3. Knowingly, and without coercion into doing so, participated in an organisation whose purpose, activity, or aim includes wilfully facilitating, encouraging, or committing unlawful acts.
  2. States that no member state shall enforce collective punishment in response to any unlawful or legally punishable act within its jurisdiction.
  3. Declares that, unless an exception in 1a, 1b, or 1c applies;

    1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
    2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.
  4. Requires member states to cease all sentences and punishments they are currently enforcing in contravention of clause two or three, and fully rescind all convictions any of their courts have decided in contravention of the same, and strongly encourages member states to additionally provide compensation to persons previously sentenced or punished in contravention of this resolution.
  5. Clarifies that, within this resolution, 'punishment' does not include mere loss of membership or employment in an organisation with a legal personality due to the dissolution of, or penalty imposed upon, that organisation.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights, and further believing this to be grave enough to require international action;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby;

  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the punishment of any legal person associated with or related to one that committed that act, regardless of their own involvement in that act, where that person is not being directly punished for;

    1. Failing to reasonably prevent or punish that act where it was committed by any legal person unambiguously acting under their authority or direction at the time of the act;
    2. Knowingly facilitating, encouraging, conspiring to commit, or aiding that act without being coerced into doing so; or
    3. Knowing, uncoerced membership in an organisation whose purpose, activity, or aim includes wilfully facilitating, encouraging, or committing unlawful acts.

    This shall exclude mere loss of membership or employment in an organisation with a legal personality due to the dissolution of, or penalty imposed upon, that organisation.
  2. Bans member states from enforcing collective punishment in response to any unlawful or legally punishable act within a member state.
  3. Declares that, unless an exception in 1a, 1b, or 1c applies;

    1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
    2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.
  4. Requires member states to cease all sentences and punishments they are currently enforcing in contravention of clause two or three, and fully rescind all convictions any of their courts have decided in contravention of the same, and strongly encourages member states to additionally provide compensation to persons previously sentenced or punished in contravention of this resolution.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights, and further believing this to be grave enough to require international action;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Hereby;

  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the punishment of any legal person associated with or related to one that committed that act, regardless of their own involvement in that act, where that person is not being directly punished for;

    1. Failing to reasonably prevent or punish that act where it was committed by any legal person unambiguously acting under their authority or direction at the time of the act;
    2. Knowingly facilitating, encouraging, conspiring to commit, or aiding that act without being coerced into doing so; or
    3. Knowing, uncoerced membership in an organisation whose purpose, activity, or aim includes wilfully facilitating, encouraging, or committing unlawful acts.
  2. Bans member states from enforcing collective punishment in response to any unlawful or legally punishable act within a member state.
  3. Declares that, unless an exception in 1a, 1b, or 1c applies;

    1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
    2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.
  4. Requires member states to cease all sentences and penalties they are currently enforcing in contravention of clause two or three, and fully rescind all convictions any of their courts have decided in contravention of the same, and strongly encourages member states to additionally provide compensation to persons previously sentenced or penalised in contravention of this resolution.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Believing the violation of human rights and deliberate punishment of innocents to be grave enough to require international action;

Hereby;

  1. Defines 'collective punishment' as the penalisation of a legal person because of their association with or relation to another who has committed a punishable act, excluding penalisation for;

    1. Failing to reasonably prevent or punish unlawful or legally punishable acts by legal persons unambiguously acting under their authority or direction;
    2. Knowingly facilitating, encouraging, conspiring to commit, or aiding an unlawful act without being coerced into doing so; or
    3. Knowing, uncoerced membership in an organisation whose purpose, activity, or aim includes wilfully facilitating, encouraging, or committing unlawful acts.
  2. Bans member states from:

    1. Enforcing collective punishment in response to any unlawful or legally punishable act within a member state; and
    2. Penalising any legal person by punishing any associated with or related to them.
  3. Declares that, unless an exception in 1.A, 1.B, or 1.C applies;

    1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
    2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.
  4. Requires member states to cease all sentences and penalties they are currently enforcing in contravention of clause two or three, and fully rescind all convictions they have decided in contravention of the same, and strongly encourages member states to additionally provide compensation to persons previously sentenced or penalised in contravention of this resolution.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Believing the violation of human rights and deliberate punishment of innocents to be grave enough to require international action;

Hereby;

  1. Defines 'collective punishment' as the penalisation of a legal person because of their association with or relation to another who has committed a punishable act, excluding penalisation for;

    1. Failing to reasonably prevent or punish unlawful or legally punishable acts by legal persons unambiguously acting under their authority or direction;
    2. Knowingly facilitating, encouraging, conspiring to commit, or aiding an unlawful act without being coerced into doing so; or
    3. Knowing, uncoerced membership in an organisation whose purpose, activity, or aim includes wilfully facilitating, encouraging, or committing unlawful acts.
  2. Bans member states from:

    1. Enforcing collective punishment in response to any unlawful or legally punishable act within a member state; and
    2. Penalising any legal person through the direct penalisation of any associated with or related to them.
  3. Declares that, unless an exception in 1.A, 1.B, or 1.C applies;

    1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
    2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.
  4. Requires member states to cease all sentences and penalties they are currently enforcing in contravention of clause two or three, and fully rescind all convictions they have decided in contravention of the same.
[/list]
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Believing the violation of human rights and deliberate punishment of innocents to be grave enough to require international action;

Hereby;

1. Defines 'collective punishment' as the penalisation of a legal person because of their association with or relation to another who has committed a punishable act, excluding penalisation for;

A. Failing to reasonably prevent or punish unlawful or legally punishable acts by legal persons unambiguously acting under their authority or direction;

B. Facilitating, encouraging, or aiding an unlawful act without being coerced into doing so; or

C. Wilful, uncoerced membership in an organisation whose purpose, activity, or aim includes knowingly facilitating, encouraging, or committing unlawful acts.

2. Bans the use of collective punishment as legal penalty for any unlawful or legally punishable act within a member state.

3. Declares that, unless an exception in 1.A, 1.B, or 1.C applies;

A. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.

B. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.

4. Requires member states to cease all sentences and penalties they are currently enforcing as collective punishment, and fully rescind all convictions they have decided in contravention of clause two or three.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Believing the violation of human rights and deliberate punishment of innocents to be grave enough to require international action;

Hereby;

1. Defines 'collective punishment' as the sanctioning, penalisation, or punishment of any legal person because of their association with or relation to a legal person who has committed an unlawful or legally punishable act, excluding sanction, penalty, or punishment for;

A. Failing to reasonably prevent or punish unlawful or legally punishable acts by legal persons unambiguously acting under their authority or direction;

B. Recklessly or knowingly facilitating, encouraging, or aiding an unlawful act without being coerced into doing so; or

C. Wilful, uncoerced membership in an organisation whose purpose, activity, or aim includes knowingly facilitating, encouraging, or committing unlawful acts.

2. Bans the use of collective punishment as legal sanction, penalty, or punishment for any unlawful or legally punishable act within a member state.

3. Declares that, unless an exception in 1.A, 1.B, or 1.C applies;

A. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.

B. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.

4. Requires member states to cease all sentences and penalties they are currently enforcing as collective punishment, and fully rescind all convictions they have decided in contravention of clause three.
The World Assembly:

Believing the punishment of those who have not committed an unlawful act, but only been associated with one who has, to be grossly unfair and a serious violation of human rights;

Noting that collective punishment is a common tool of authoritarian regimes to stifle opposition and suppress the rights of their citizens;

Believing the violation of human rights and deliberate punishment of innocents to be grave enough to require international action;

Hereby;

1. Defines 'collective punishment' as the sanctioning, penalisation, or punishment of any legal person associated with or related to a legal person who has committed an unlawful or legally punishable act in response to that act, regardless of whether or not such association or relation is itself considered unlawful or legally punishable, excluding sanction, penalty, or punishment for;

A. Failing to reasonably prevent or punish unlawful or legally punishable acts by legal persons unambiguously acting under their authority or direction;

B. Recklessly or knowingly facilitating, encouraging, or aiding an unlawful act without being coerced into doing so; or

C. Wilful, uncoerced membership in an organisation whose purpose, activity, or aim includes knowingly facilitating, encouraging, or committing unlawful acts.

2. Bans the use of collective punishment as legal sanction, penalty, or punishment for any unlawful or legally punishable act within a member state.

3. Declares that, unless an exception in 1.A, 1.B, or 1.C applies;

A. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.

B. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.

4. Requires member states to cease all sentences and penalties they are currently enforcing as collective punishment, and fully pardon those convicted in contravention of clause three.
Last edited by The Forest of Aeneas on Mon May 23, 2022 9:01 pm, edited 235 times in total.
=> World Assembly Ambassador Cecilia Maro, author of GA#611.

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Araraukar
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Posts: 15859
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Fri Apr 22, 2022 12:36 am

OOC: Don't have time to read all of it right now, but would this decriminalize the get-away car's driver's actions in, say, a bank heist? Driving a car is not a crime, after all.
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El Lazaro
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Posts: 1069
Founded: Oct 19, 2021
Civil Rights Lovefest

Postby El Lazaro » Fri Apr 22, 2022 12:50 am

Members of the WA are sovereign states and have a right to their own opinions, as far as they are compliant with international law. If a state finds association with terrorists, genocidal dictators, and war criminals distasteful, then it should be allowed to determine whether it wants to do business with citizens of other states who willingly associate with them.

This kind of legislation only stops the worst of the worst from facing any consequences for their roles in propping up vile regimes.

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Makko Oko
Envoy
 
Posts: 334
Founded: Jan 20, 2018
Iron Fist Consumerists

Postby Makko Oko » Fri Apr 22, 2022 11:30 am

Our government strongly condemns this proposed resolution and at this time veto it if it ever makes its way in this form to the voting table. We feel that this resolution hinders police and detective work by not being able to pressure individuals to aid in a conviction of somebody who actually did commit a crime. We think this resolution could use some work in this regard before it shall be considered in a vote by our ministry.

- The Makko Oko Ministry Of Diplomatic Affairs

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The Forest of Aeneas
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Founded: Apr 15, 2022
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Postby The Forest of Aeneas » Fri Apr 22, 2022 12:25 pm

Araraukar wrote:OOC: Don't have time to read all of it right now, but would this decriminalize the get-away car's driver's actions in, say, a bank heist? Driving a car is not a crime, after all.

Would that not fall under 1.B's exception as "facilitating" that act?

El Lazaro wrote:Members of the WA are sovereign states and have a right to their own opinions, as far as they are compliant with international law. If a state finds association with terrorists, genocidal dictators, and war criminals distasteful, then it should be allowed to determine whether it wants to do business with citizens of other states who willingly associate with them.

This kind of legislation only stops the worst of the worst from facing any consequences for their roles in propping up vile regimes.


1. If you willingly participate in or support a terrorist organisation, you can still be punished as per 1.C and/or 1.B.

2. If you mean punishing all of the friends and families of terrorists regardless of whether or not they were involved in that terrorism, then this bans that. Yup.

Makko Oko wrote:Our government strongly condemns this proposed resolution and at this time veto it if it ever makes its way in this form to the voting table. We feel that this resolution hinders police and detective work by not being able to pressure individuals to aid in a conviction of somebody who actually did commit a crime. We think this resolution could use some work in this regard before it shall be considered in a vote by our ministry.

- The Makko Oko Ministry Of Diplomatic Affairs

Unless I misunderstand your question, requiring someone to provide evidence is not necessarily "sanctioning, penalisation, or punishment". If you punish them for refusing to provide evidence, you are punishing them in response to them refusing to provide evidence, not the unlawful act you are investigating. Nonetheless, I've changed the definition's wording to clarify how it refers to acts (or lack thereof), not individuals
Last edited by The Forest of Aeneas on Fri Apr 22, 2022 2:05 pm, edited 1 time in total.
=> World Assembly Ambassador Cecilia Maro, author of GA#611.

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Princess Rainbow Sparkles
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Postby Princess Rainbow Sparkles » Fri Apr 22, 2022 12:47 pm

The Forest of Aeneas wrote:Defines 'collective punishment' as the sanctioning, penalisation, or punishment of any legal person because of their association with or relation to a legal person who has committed an unlawful or legally punishable act,...

You've defined punishment as "punishment," which makes my eye twitch. Also "sanctioning" is one of those weird words that sometimes means prohibiting and sometimes means approving. Penalization is just a disfavored synonym for punishing and adds nothing to the definition.

Let me suggest this instead: "For the purposes of this resolution, "collective" punishment means punishment of a person solely because of their association with or relation to another person who has committed a punishable act." I think that would be better, but give it some thought.

The Forest of Aeneas wrote:... excluding sanction, penalty, or punishment for;
A. Failing to reasonably prevent or punish unlawful or legally punishable acts by legal persons unambiguously acting under their authority or direction;

B. Recklessly or knowingly facilitating, encouraging, or aiding an unlawful act without being coerced into doing so; or

C. Wilful, uncoerced membership in an organisation whose purpose, activity, or aim includes knowingly facilitating, encouraging, or committing unlawful acts.

Subpart (A) is extremely confusing. So, collective punishment means punishing a person because of their association with or relation to a legal person, unless they are also being punished for failing to punish a legally punishable act by a person acting under their authority? What the hell are you talking about? An employer who doesn't stop their employee from sleeping on the job? I really don't know what you're talking about.

Subpart (B) makes sense, although I'd get rid of the mental state words "recklessly or knowingly" because "facilitating, encouraging, or aiding" already captures an element of mental state (and those things can also be done willfully, intentionally, with gross negligence, etc.)

Subpart (C) seems to fairly target members of a criminal organization.

The Forest of Aeneas wrote:2. Bans the use of collective punishment as legal sanction, penalty, or punishment for any unlawful or legally punishable act within a member state.

Again, I think you're using synonyms as unnecessary filler. What does "legal sanction' cover that "legal penalty" or "legal punishment" does not? Just pick one!

The Forest of Aeneas wrote:3. Declares that, unless an exception in 1.A, 1.B, or 1.C applies;

A. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.

B. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.

This seems unnecessarily repetitious. Aren't you just repeating what you already said in Clause 2?

The Forest of Aeneas wrote:4. Requires member states to cease all sentences and penalties they are currently enforcing as collective punishment, and fully rescind all convictions they have decided in contravention of clause three.

Seems reasonable except that you should refer to Clause 2 instead.

Good luck!
Last edited by Princess Rainbow Sparkles on Fri Apr 22, 2022 12:54 pm, edited 1 time in total.

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The Forest of Aeneas
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Postby The Forest of Aeneas » Fri Apr 22, 2022 1:54 pm

Princess Rainbow Sparkles wrote:
The Forest of Aeneas wrote:Defines 'collective punishment' as the sanctioning, penalisation, or punishment of any legal person because of their association with or relation to a legal person who has committed an unlawful or legally punishable act,...

You've defined punishment as "punishment," which makes my eye twitch. Also "sanctioning" is one of those weird words that sometimes means prohibiting and sometimes means approving. Penalization is just a disfavored synonym for punishing and adds nothing to the definition.

I did that to avoid 'bUt PeNaLtY mEaNs JuSt MoNeTaRy!!!' and 'PuNiShMeNt DoEs NoT iNcLuDe ThAt DeFiNeD bY sTaTuTe!!!!!'. Nonetheless, stuck with 'penalisation' for now.

Let me suggest this instead: "For the purposes of this resolution, "collective" punishment means punishment of a person solely because of their association with or relation to another person who has committed a punishable act." I think that would be better, but give it some thought.

Mostly done.

The Forest of Aeneas wrote:... excluding sanction, penalty, or punishment for;
A. Failing to reasonably prevent or punish unlawful or legally punishable acts by legal persons unambiguously acting under their authority or direction;

B. Recklessly or knowingly facilitating, encouraging, or aiding an unlawful act without being coerced into doing so; or

C. Wilful, uncoerced membership in an organisation whose purpose, activity, or aim includes knowingly facilitating, encouraging, or committing unlawful acts.

Subpart (A) is extremely confusing. So, collective punishment does not include punishing a person because of their association with or relation to a legal person, unless they are also being punished for failing to punish a legally punishable act by a person acting under their authority? What the hell are you talking about? An employer who doesn't stop their employee from sleeping on the job? I really don't know what you're talking about.

That means vicarious liability (and, by extension, command responsibility, parental liability, etc.). Let's say, for example, an employee commits fraud on behalf of their employer. It is the employer's responsibility to ensure that the employee does not do that, and punish, or if possible, prevent that fraud. If a member of the military commits a war crime, it is the responsibility of their superior to ensure that does not happen, and punish or, if possible, prevent that war crime.

The Forest of Aeneas wrote:Subpart (B) makes sense, although I'd get rid of the mental state words "recklessly or knowingly" because "facilitating, encouraging, or aiding" already captures an element of mental state (and those things can also be done willfully, intentionally, with gross negligence, etc.)

Nixed the 'recklessly or knowingly' bc member states can figure that out by themselves

Edit: Decided to bring back 'knowingly' to avoid member states claiming that any association is encouraging that act

Again, I think you're using synonyms as unnecessary filler. What does "legal sanction' cover that "legal penalty" or "legal punishment" does not? Just pick one!

Done

This seems unnecessarily repetitious. Aren't you just repeating what you already said in Clause 2?

To avoid 'being friends with or being in the same family as people who have violated the law is illegal and we are thus punishing them'.

Seems reasonable except that you should refer to Clause 2 instead.

Clause two refers specifically to punishment, while clause three refers to declaring someone in violation of the law because of association or relation.
Last edited by The Forest of Aeneas on Fri Apr 22, 2022 8:19 pm, edited 3 times in total.
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The Forest of Aeneas
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Postby The Forest of Aeneas » Fri Apr 22, 2022 6:49 pm

Added [list] tagging after figuring out how to actually work it.
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West Barack and East Obama
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Postby West Barack and East Obama » Sat Apr 23, 2022 3:48 am

Dr Justin Obama, Deputy Minister of Foreign Affairs: As our nation can always find another way to imprison political dissidents under some other trumped up ridiculous charges, we do not mind the passage of this proposal. Is there any official WA policy on compensating people for wrongful convictions that have been overturned by future laws? If not, I would recommend mandating some compensation for those who are released in addition to the end of their incarceration.
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The Forest of Aeneas
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Postby The Forest of Aeneas » Sat Apr 23, 2022 12:56 pm

West Barack and East Obama wrote:Dr Justin Obama, Deputy Minister of Foreign Affairs: As our nation can always find another way to imprison political dissidents under some other trumped up ridiculous charges, we do not mind the passage of this proposal. Is there any official WA policy on compensating people for wrongful convictions that have been overturned by future laws? If not, I would recommend mandating some compensation for those who are released in addition to the end of their incarceration.

Added an encouragement to do so. If people think it should be a binding requirement then I'll change it thusly. I'll be submitting this tommorrow.
Last edited by The Forest of Aeneas on Sat Apr 23, 2022 12:56 pm, edited 1 time in total.
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Makko Oko
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Postby Makko Oko » Sat Apr 23, 2022 1:18 pm

The Forest of Aeneas wrote:
West Barack and East Obama wrote:Dr Justin Obama, Deputy Minister of Foreign Affairs: As our nation can always find another way to imprison political dissidents under some other trumped up ridiculous charges, we do not mind the passage of this proposal. Is there any official WA policy on compensating people for wrongful convictions that have been overturned by future laws? If not, I would recommend mandating some compensation for those who are released in addition to the end of their incarceration.

Added an encouragement to do so. If people think it should be a binding requirement then I'll change it thusly. I'll be submitting this tommorrow.


OOC: I'd hold off on proposing it. Some resolutions take months upon months to perfect, so I think personally you should hold off on submitting it so quickly, slow down, take your time, and try your best to not rush it.

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The Forest of Aeneas
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Postby The Forest of Aeneas » Sat Apr 23, 2022 1:29 pm

Makko Oko wrote:
The Forest of Aeneas wrote:Added an encouragement to do so. If people think it should be a binding requirement then I'll change it thusly. I'll be submitting this tommorrow.


OOC: I'd hold off on proposing it. Some resolutions take months upon months to perfect, so I think personally you should hold off on submitting it so quickly, slow down, take your time, and try your best to not rush it.

Fair enough, I'm overall quite impatient but that doesn't seem unreasonable.
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Wayneactia
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Postby Wayneactia » Sat Apr 23, 2022 5:02 pm

The Forest of Aeneas wrote:
Makko Oko wrote:
OOC: I'd hold off on proposing it. Some resolutions take months upon months to perfect, so I think personally you should hold off on submitting it so quickly, slow down, take your time, and try your best to not rush it.

Fair enough, I'm overall quite impatient but that doesn't seem unreasonable.

You will learn patience, or you will learn disappointment.....

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wait

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The Forest of Aeneas
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Postby The Forest of Aeneas » Sat Apr 23, 2022 5:50 pm

Wayneactia wrote:
The Forest of Aeneas wrote:Fair enough, I'm overall quite impatient but that doesn't seem unreasonable.

You will learn patience, or you will learn disappointment.....

Wayne

Noted.
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The Forest of Aeneas
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Postby The Forest of Aeneas » Mon Apr 25, 2022 1:37 pm

Bump!
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Tinhampton
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Postby Tinhampton » Tue Apr 26, 2022 2:29 pm

Given the exemptions you list, it would probably be easier to explain who is protected from collective punishment. (Familial ties to the suspect, and merely being related to the suspect through a non-criminal organisation such as a school or workplace, are the two examples I can think of.)
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The Forest of Aeneas
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Postby The Forest of Aeneas » Tue Apr 26, 2022 3:20 pm

Tinhampton wrote:Given the exemptions you list, it would probably be easier to explain who is protected from collective punishment. (Familial ties to the suspect, and merely being related to the suspect through a non-criminal organisation such as a school or workplace, are the two examples I can think of.)

Familial relationships can be grounds for prosecution in the case of parental liability. The exception list is there really so that they can be referenced as ImageexceptionsImage for clause 3. That said, I've reworded and shortened each of the exceptions.
Last edited by The Forest of Aeneas on Tue Apr 26, 2022 3:20 pm, edited 1 time in total.
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Sierra Lyricalia
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Postby Sierra Lyricalia » Tue Apr 26, 2022 7:00 pm

"For clarity's sake, ambassador, it would probably be a good idea to expand the definition of 'associated with.' Collective punishment has historically been imposed on populations who share arbitrary and reductive characteristics such as ethnicity, gender, geographic place of residence, foreign nationality or citizenship, sexual orientation, bodily pigmentation, and I do not know what else. Friendship or acquaintance deserves protection too, of course, but usually isn't the excuse made for collective punishment."

"And no, these things are not already prohibited under the Convention Against Genocide, because that law requires a specific intent to 'destroy' such a group, and not merely torment it, subdue it, discourage criminals and freedom fighters, or swing the perpetrator's dick around to make it feel larger. Most of the point of having the law you are drafting is precisely to fill this major gap in international law."
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Imperium Anglorum
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Postby Imperium Anglorum » Tue Apr 26, 2022 7:28 pm

Do you mean to apply the following to a member state acting in another member states or a member state acting only within that member state?

Bans member states from enforcing collective punishment in response to any unlawful or legally punishable act within a member state.

The latter is more justifiable than the former.

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The Forest of Aeneas
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Postby The Forest of Aeneas » Tue Apr 26, 2022 7:33 pm

Imperium Anglorum wrote:Do you mean to apply the following to a member state acting in another member states or a member state acting only within that member state?

Bans member states from enforcing collective punishment in response to any unlawful or legally punishable act within a member state.

The latter is more justifiable than the former.

Thanks, has been addressed.

(For posterity, Sierra Lyricalia's post was not ignored, and will be addressed soon.)
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Imperium Anglorum
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Postby Imperium Anglorum » Tue Apr 26, 2022 7:35 pm

"Member states... within their jurisdiction" doesn't solve your problem either. The jurisdiction of all member states, ie "their jurisdiction", is all World Assembly jurisdiction. You need to use a singular here.

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The Forest of Aeneas
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Postby The Forest of Aeneas » Tue Apr 26, 2022 7:46 pm

Imperium Anglorum wrote:"Member states... within their jurisdiction" doesn't solve your problem either. The jurisdiction of all member states, ie "their jurisdiction", is all World Assembly jurisdiction. You need to use a singular here.

Done.
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Zyvetskistaahn
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Postby Zyvetskistaahn » Wed Apr 27, 2022 9:55 am

The Forest of Aeneas wrote:
  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the punishment of any legal person associated with or related to one that committed that act, regardless of their own involvement in that act, where such punishment is not because that legal person;

    1. Failed to reasonably punish or attempt to prevent that act, where it was unambiguously committed within their authority or direction;
    2. Wilfully, and without coercion into doing so, facilitated, abetted, encouraged, conspired to commit, or aided that act, or attempted to do so; or
    3. Knowingly, and without coercion into doing so, participated in an organisation whose purpose, activity, or aim includes wilfully facilitating, encouraging, or committing unlawful acts.
  2. States that no member state shall enforce collective punishment in response to any unlawful or legally punishable act within its jurisdiction.


Is the part indicated above (red and bold) adding anything to the rest of the clause? Given collective punishment is defined as being “the punishment of any unlawful or legally punishable act [etc]” would it not always be in response to the same?

The Forest of Aeneas wrote: 3. Declares that, unless an exception in 1a, 1b, or 1c applies;

  1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
  2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.


Do the two sub-clauses here not both effectively do the same thing?

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The Forest of Aeneas
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Postby The Forest of Aeneas » Wed Apr 27, 2022 12:43 pm

Zyvetskistaahn wrote:
The Forest of Aeneas wrote:
  1. Defines 'collective' punishment as the punishment of any unlawful or legally punishable act through the punishment of any legal person associated with or related to one that committed that act, regardless of their own involvement in that act, where such punishment is not because that legal person;

    1. Failed to reasonably punish or attempt to prevent that act, where it was unambiguously committed within their authority or direction;
    2. Wilfully, and without coercion into doing so, facilitated, abetted, encouraged, conspired to commit, or aided that act, or attempted to do so; or
    3. Knowingly, and without coercion into doing so, participated in an organisation whose purpose, activity, or aim includes wilfully facilitating, encouraging, or committing unlawful acts.
  2. States that no member state shall enforce collective punishment in response to any unlawful or legally punishable act within its jurisdiction.


Is the part indicated above (red and bold) adding anything to the rest of the clause? Given collective punishment is defined as being “the punishment of any unlawful or legally punishable act [etc]” would it not always be in response to the same?

Good point, fixed!

Zyvetskistaahn wrote:
The Forest of Aeneas wrote: 3. Declares that, unless an exception in 1a, 1b, or 1c applies;

  1. No member state shall consider a legal person to be legally punishable or in violation of the law because a legal person whom they are associated with or related to is believed to have committed an unlawful or legally punishable act.
  2. Association with or relation to a legal person who has committed an unlawful or legally punishable act shall not be unlawful or legally punishable within any member state.


Do the two sub-clauses here not both effectively do the same thing?

3a prohibits member states from punishing people because they are liable for acts of one related to or associated with them, when vicarious liability (1a) does not apply. 3b prohibits member states from punishing the relation or association in itself.
=> World Assembly Ambassador Cecilia Maro, author of GA#611.

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Separatist Peoples
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Postby Separatist Peoples » Thu Apr 28, 2022 4:52 am

"A requirement that all criminal charges in member states have both mens rea and actus rea would address this without need for exceptions."

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