[Pre-draft] GA545 replacement

[Simone Republic]

Repeal:
viewtopic.php?f=9&t=557801

Note that I have an exit via clause 3 to allow any WA state to extradite anyone convicted of a death penalty to serve out their sentence in a "life tariff" at that WA state. Note also that this uses the Judicial Committee of the Compliance Commission (408) not the Judiciary Committee (466) because that has a death penalty blocker.

Draft 1

The World Assembly,

Noting previous resolutions, including GA535, Death Penalty Ban, which requires the death penalty to be abolished except for crimes under a military penal code committed during time of war;

Recognising that the death penalty should not be reserved for Adolf Hitler, Hideki Tojo, Osama bin Laden selected individuals who orchestrate mass murders should be held accountable for their actions for their most appalling crimes against humanity;

Hereby:

1. Abolishes the death penalty for all crimes under the purview of military law in all WA states, except for those convicted of masterminding and taking clear leadership roles for heinous murderous crimes at war against humanity;
2. Requires due process of law at all times for anyone charged with an offence subject to the death penalty, and for all appeals to be automatic and fully funded by the WA state prosecuting the case;
3. Requires that any WA state that imposes the death penalty on a case to, after the exhaustion of all appeals in its own judicial process, submit such cases for review by the Judicial Committee on a de novo basis, subject to due process, and for the Judicial Committee to consider all pleads for leniency before determining the application of the death penalty;
4. Permits any other WA state that desires granting clemency against a death penalty conviction by the said WA state reviewed and approved by the Judicial Committee to take custody of anyone so convicted to extradite the convict to the said WA state for commutation to a life tariff, if desired by that other WA state;
5. Prohibits states from deporting persons to states that may apply the death penalty against them, unless the destination state (regardless of whether it is a WA state) agrees in advance of deportation not to exercise its right to the death penalty;
6. If a non-WA state breaches the preceding sub-clause (4), that all WA organs and all WA states shall apply all sanctions available to ensure future compliance.

[Untecna]

Opposed. A ban on the military death penalty should be absolute; there should not be further exceptions. Clause 5 also strikes me as another useless exception, because no effort has been put in to stop malicious agreements. Besides, it's incredibly difficult to use Clause 6 as a deterrent, since non-members don't engage here and don't care about the WA to begin with.

[Bananaistan]

"Opposed. There is no direction to the committee in terms of "[considering] all pleads for leniency". In any case, there's no need for the committee anyway - if the occasional lesser war criminal gets the high jump, nobody will shed any tears."

[Simone Republic]

"Opposed. There is no direction to the committee in terms of "[considering] all pleads for leniency". In any case, there's no need for the committee anyway - if the occasional lesser war criminal gets the high jump, nobody will shed any tears."

"So in effect you would support a repeal with no replacement?"

[The Overmind]

Reiterating my position from the repeal thread that there should be a unilateral ban on the death penalty because there is an unavoidable eventuality that an innocent person will be put to death, and the sanctity and dignity of a single innocent life outweighs any perceived balancing of the moral scales accomplished by giving any number of heinous criminals a punishment complete in its finality.

Life imprisonment, where there is still the potential to give back at least some semblance of a person's life with some semblance of repair, if they later turn out to be innocent, should be the norm in all justice systems, including under the accusation of egregious crimes before a military court or tribunal.