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[SUBMITTED] InstaRepeal! GA#500 "Int'l Criminal Protocol"

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Tinhampton
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[SUBMITTED] InstaRepeal! GA#500 "Int'l Criminal Protocol"

Postby Tinhampton » Sun Jul 12, 2020 8:41 pm


248 characters. Will be Was submitted upon the passage of International Criminal Protocol.
Image
Repeal "International Criminal Protocol"
A resolution to repeal previously passed legislation.
Category: Repeal
Resolution: GA#500
Proposed by: Tinhampton

General Assembly Resolution #xxx “International Criminal Protocol” (Category: Civil Rights; Strength: Strong) shall be struck out and rendered null and void.

Worried that, by allowing members to legalise capital punishment, GA#500 prevents an international ban on the death penalty:

The General Assembly hereby repeals GA#500 "International Criminal Protocol," in the hope of replacing it with such a ban.
Last edited by Tinhampton on Wed Jul 22, 2020 8:56 am, edited 3 times in total.
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3 SC Resolutions + 0 co-authored:
A: SC#250, Repeal "Liberate Femdom Empire" (87%)
A: SC#251, Commend Alasdair I Frosticus (91%)
A: SC#267, Repeal "Liberate The East Pacific" (90%)

1 GA Resolution + 1 co-authored:
A: GA#484, Disease Naming Compact (54%)
C: GA#491, Rights of the employed (54%)

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C: #1115, One in the Arm for @@LEADER@@?

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Wayneactia
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Postby Wayneactia » Sun Jul 12, 2020 9:01 pm

Do you even try anymore? Your argument falls flat, as there is a defacto ban on capital punishment anyway.
Last edited by Wayneactia on Sun Jul 12, 2020 9:02 pm, edited 1 time in total.

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Imperium Anglorum
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Postby Imperium Anglorum » Mon Jul 13, 2020 12:30 am

The subject matter is not beyond the pale; UM's repeal of Crime and Punishment used a similar argumentative strategy.

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Astrobolt
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Postby Astrobolt » Mon Jul 13, 2020 6:57 am

"Full support, the death penalty is a barbaric punishment that has no place in society."
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Kenmoria
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Postby Kenmoria » Mon Jul 13, 2020 7:48 am

“I don’t like the idea of a repeal simply stating a fact about the target resolution without any analysis. Perhaps add at least one clause about why the death penalty being allowed is so bad. However, I do support the idea of a repeal.”
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Flying Eagles
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Postby Flying Eagles » Mon Jul 13, 2020 8:24 am

The target resolution never explicitly legalizes the death penalty. Could you not just pass a resolution banning the death penalty outright? Just like how 128 legalized abortion sometimes, and 286 legalized it always.

OOC: Proposals are already being submitted to this effect
Last edited by Flying Eagles on Mon Jul 13, 2020 8:27 am, edited 1 time in total.
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Tinfect
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Postby Tinfect » Mon Jul 13, 2020 8:31 am

Flying Eagles wrote:The target resolution never explicitly legalizes the death penalty. Could you not just pass a resolution banning the death penalty outright? Just like how 128 legalized abortion sometimes, and 286 legalized it always.

OOC: Proposals are already being submitted to this effect


OOC:
It does not forcibly legalize capital punishment, it merely reserves to Member-States the right to determine its legal status.
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Flying Eagles
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Postby Flying Eagles » Mon Jul 13, 2020 9:03 am

Tinfect wrote:
Flying Eagles wrote:The target resolution never explicitly legalizes the death penalty. Could you not just pass a resolution banning the death penalty outright? Just like how 128 legalized abortion sometimes, and 286 legalized it always.

OOC: Proposals are already being submitted to this effect


OOC:
It does not forcibly legalize capital punishment, it merely reserves to Member-States the right to determine its legal status.

It outlines best practices for execution, but doesn’t explicitly say “you may execute people”. Therefore, we believe you may pass a blanket ban on execution without conflicting the International Criminal Protocal.
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Tinfect
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Postby Tinfect » Mon Jul 13, 2020 9:26 am

Flying Eagles wrote:It outlines best practices for execution, but doesn’t explicitly say “you may execute people”. Therefore, we believe you may pass a blanket ban on execution without conflicting the International Criminal Protocal.


OOC:
Reserves to Member-States the right to determine the legality of capital punishment within their jurisdiction,
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Flying Eagles
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Postby Flying Eagles » Mon Jul 13, 2020 8:31 pm

Tinfect wrote:
Flying Eagles wrote:It outlines best practices for execution, but doesn’t explicitly say “you may execute people”. Therefore, we believe you may pass a blanket ban on execution without conflicting the International Criminal Protocal.


OOC:
Reserves to Member-States the right to determine the legality of capital punishment within their jurisdiction,

Whoops. We’re blind sometimes. Thanks!
I do dumb things sometimes. Sorry.

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Tinhampton
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Postby Tinhampton » Sat Jul 18, 2020 2:54 pm

I haven't abandoned this :P
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3 SC Resolutions + 0 co-authored:
A: SC#250, Repeal "Liberate Femdom Empire" (87%)
A: SC#251, Commend Alasdair I Frosticus (91%)
A: SC#267, Repeal "Liberate The East Pacific" (90%)

1 GA Resolution + 1 co-authored:
A: GA#484, Disease Naming Compact (54%)
C: GA#491, Rights of the employed (54%)

0 Issues + 1 co-authored:
C: #1115, One in the Arm for @@LEADER@@?

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Wallenburg
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Postby Wallenburg » Sat Jul 18, 2020 3:41 pm

Seeing as capital punishment is already banned internationally, I don't find this argument convincing.
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Astrobolt
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Postby Astrobolt » Sat Jul 18, 2020 3:44 pm

Wallenburg wrote:Seeing as capital punishment is already banned internationally, I don't find this argument convincing.


How is it banned internationally, the at vote resolution permits member states to legalize it.
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Attempted Socialism
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Postby Attempted Socialism » Sat Jul 18, 2020 3:46 pm

Astrobolt wrote:
Wallenburg wrote:Seeing as capital punishment is already banned internationally, I don't find this argument convincing.


How is it banned internationally, the at vote resolution permits member states to legalize it.

The resolution Preventing the Execution of Innocents doesn't ban capital punishment as such, it merely makes it practically impossible in all circumstances to carry out. I am 99% sure that's what Wallenburg refers to.


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Astrobolt
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Postby Astrobolt » Sat Jul 18, 2020 3:52 pm

Attempted Socialism wrote:
Astrobolt wrote:
How is it banned internationally, the at vote resolution permits member states to legalize it.

The resolution Preventing the Execution of Innocents doesn't ban capital punishment as such, it merely makes it practically impossible in all circumstances to carry out. I am 99% sure that's what Wallenburg refers to.


OOC: I have seen this argument before, but I don't see why that would be the case. Would someone be able to spell it out for me?
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Wallenburg
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Postby Wallenburg » Sat Jul 18, 2020 4:30 pm

Astrobolt wrote:
Attempted Socialism wrote:The resolution Preventing the Execution of Innocents doesn't ban capital punishment as such, it merely makes it practically impossible in all circumstances to carry out. I am 99% sure that's what Wallenburg refers to.


OOC: I have seen this argument before, but I don't see why that would be the case. Would someone be able to spell it out for me?

The restrictions in Preventing the Execution of Innocents intersect in such a manner that member states cannot legally carry out a death sentence.
THERE IS NO WAR IN BA SING SE
grestin went through the MKULTRA program and he has more of a free will than wallenburg does - Imperial Idaho
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Attempted Socialism
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Postby Attempted Socialism » Sat Jul 18, 2020 4:42 pm

Astrobolt wrote:
Attempted Socialism wrote:The resolution Preventing the Execution of Innocents doesn't ban capital punishment as such, it merely makes it practically impossible in all circumstances to carry out. I am 99% sure that's what Wallenburg refers to.


OOC: I have seen this argument before, but I don't see why that would be the case. Would someone be able to spell it out for me?

Right. First, you can only submit 1 case per million inhabitants per year for review (And all capital cases must be reviewed by the WA committee). This is already a bottleneck. Second, the standard of evidence is not just beyond reasonable doubt, but that there could not later be discovered evidence that could give doubt. Most importantly, though, is the review. The committee must have at least half a year for their review, you cannot carry out a capital sentence for a case where the review is more than a year old, and anyone convicted must be afforded extensive rights of appeal. The review and appeals process will certainly mean that all capital case certifications are more than a year old. Even getting to the review is a hurdle, but having the execution within a year of the review while at the same time affording due process is basically impossible. There may be edge cases of people essentially consenting to execution by waiving their rights and speeding along within the deadline, but capital punishment is functionally outlawed.
viewtopic.php?p=34697401#p34697401

Edit: Clarified the evidentiary standard.
Last edited by Attempted Socialism on Sat Jul 18, 2020 4:43 pm, edited 1 time in total.


Represented in the World Assembly by
Ambassador and Chairperson of the Executive International Relations Committee
Marcie Elizabeth 'MacBeth' Illum
Cui Bono, quod seipsos custodes custodiunt?
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Tinhampton
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Postby Tinhampton » Tue Jul 21, 2020 9:03 pm

The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP) ~ Alexander Smith, WA Delegate-Ambassador ~ Achievements
3 SC Resolutions + 0 co-authored:
A: SC#250, Repeal "Liberate Femdom Empire" (87%)
A: SC#251, Commend Alasdair I Frosticus (91%)
A: SC#267, Repeal "Liberate The East Pacific" (90%)

1 GA Resolution + 1 co-authored:
A: GA#484, Disease Naming Compact (54%)
C: GA#491, Rights of the employed (54%)

0 Issues + 1 co-authored:
C: #1115, One in the Arm for @@LEADER@@?

Winners of the 73rd Cup of Harmony

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Araraukar
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Postby Araraukar » Tue Jul 21, 2020 10:10 pm

Wallenburg wrote:The restrictions in Preventing the Execution of Innocents intersect in such a manner that member states cannot legally carry out a death sentence.

OOC: People keep saying that, but that doesn't make it true. There are legal ways around it without needing to faff with roleplay (which makes it even easier to bypass without being noncompliant). Difficult, yes, but not impossible.
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Barfleur
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Postby Barfleur » Wed Jul 22, 2020 8:42 am

"Barfleur is opposed to this proposal. The target resolution adequately prohibits capital punishment for all but the most severe crimes, and leaves to member nations the authority to legislate in all other cases."
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Kenmoria
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Postby Kenmoria » Wed Jul 22, 2020 8:53 am

(OOC: You still have ‘xxx’ in the text of the OP.)
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.


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