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[CLOSED] Repeal "Preventing The Execution Of Innocents"

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North Supreria
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[CLOSED] Repeal "Preventing The Execution Of Innocents"

Postby North Supreria » Thu Apr 15, 2021 3:43 pm

Emphasizing the General Assembly’s commitment to improving human rights,

Noting that GA#535 “Death Penalty Ban” abolishes the death penalty in ordinary criminal law,

Also noting that GA#545 “Military Death Penalty Ban” abolishes the death penalty in military criminal law,

Meaning that the death penalty in its entirety is prohibited as a punishment in the criminal law of WA members,

Noting that paragraph 1 of GA#443 “Preventing The Execution Of Innocents” conflicts with GA#535 and GA#545,

Also convinced that GA#443 “Preventing The Execution Of Innocents” is no longer relevant, because the death penalty cannot be executed,

Asks the General Assembly to repeal GA#443 “Preventing The Execution Of Innocents”.


I welcome any feedback on this proposal and would love to hear your thoughts about it!

Click here to see GA#535.
Click here to see GA#545.
Click here to see GA#443.
Last edited by North Supreria on Sat Apr 17, 2021 1:53 am, edited 1 time in total.
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Tinhampton
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Postby Tinhampton » Thu Apr 15, 2021 4:56 pm

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Imperium Anglorum
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Postby Imperium Anglorum » Fri Apr 16, 2021 9:24 pm

We've already been over this. Nope. Two major points.

1. If the death penalty bans were repealed, there would still be an important place for death penalty regulations. Otherwise, in the interim between the death penalty ban's repeal and the new regulations being passed, member nations could just line people up and shoot them. Repeal is like throwing away your umbrella in a rainstorm because you are not getting wet.

2. Military Death Penalty Ban allows people to be extradited to states with the death penalty when assurances are given that it won't be used. GA 443 P Innocents bars any extradition, 'except to World Assembly judicial institutions or jurisdictions without capital punishment [of] any person charged or likely to be charged with a capital offence'. Contracts might not be fully enforced, the provisions of P Innocents are not entirely obsolete. See viewtopic.php?p=38490221#p38490221.

And a third point, but more minor: GA 443 s 3 is not wrapped in the context of a capital case and creates a non-coercion requirement on member nations re defence counsel. This helps to ensure that defence counsel are adequately heard. Repeal would obliterate that protection.

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North Supreria
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Postby North Supreria » Sat Apr 17, 2021 1:53 am

Imperium Anglorum wrote:We've already been over this. Nope. Two major points.

1. If the death penalty bans were repealed, there would still be an important place for death penalty regulations. Otherwise, in the interim between the death penalty ban's repeal and the new regulations being passed, member nations could just line people up and shoot them. Repeal is like throwing away your umbrella in a rainstorm because you are not getting wet.

2. Military Death Penalty Ban allows people to be extradited to states with the death penalty when assurances are given that it won't be used. GA 443 P Innocents bars any extradition, 'except to World Assembly judicial institutions or jurisdictions without capital punishment [of] any person charged or likely to be charged with a capital offence'. Contracts might not be fully enforced, the provisions of P Innocents are not entirely obsolete. See viewtopic.php?p=38490221#p38490221.

And a third point, but more minor: GA 443 s 3 is not wrapped in the context of a capital case and creates a non-coercion requirement on member nations re defence counsel. This helps to ensure that defence counsel are adequately heard. Repeal would obliterate that protection.


North Supreria would like to thank the ambassador of Imperium Anglorum for his input. We were not aware of the recent discussion on this topic. North Supreria can imagine that it is undesirable to have this discussion again at such a short notice, while this proposal is also on hold with another member of the General Assembly. North Supreria will therefore close this proposal.
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