[GA - WITHDRAWN] Protecting Sapient Life

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Protecting Sapient Life
Category: Civil Rights | Strength: Mild
Proposed by: Tinhampton | No Forum Thread​

The General Assembly hereby:
  1. forbids the imposition of the death penalty in all cases, subject to prior and standing international law, and
  2. prohibits members from deporting any person that could be sentenced to death to a state that permits the death penalty.
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Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!
[TR][TD] For [/TD][TD] Against [/TD][TD] Abstain [/TD][TD] Present [/TD][/TR][TR][TD]1[/TD][TD]13[/TD][TD]0[/TD][TD]1[/TD][/TR]
 
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A thinly-veiled swipe against legislation that isn't even on the books yet. Truly plumbing new depths.

Against (non-WA).
 
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Against.

1. forbids the imposition of the death penalty in all cases, subject to prior and standing international law, and
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The way this is phrased, it could easily apply to all other international law. This includes resolutions passed after this one. This makes this clause all but useless, since any other resolution could nullify it. Additionally, this exception applies to "international law," not WA resolutions. This encompasses treaties and other such agreements, as well as law governing non-WA supranational organizations.

2. prohibits members from deporting any person that could be sentenced to death to a state that permits the death penalty.
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Anyone "could be" sentenced to death. I could travel to a third-world country and be sentenced to death. This clause would prohibit deportation to any state "that permits the death penalty." Given clause 1's "standing international law" exception, a future resolution could permit the death penalty in some cases. This would prohibit deportation by WA members to any other WA member.

Overall, this is a poorly written and redundant proposal. Maybe a tiny bit of forum drafting would've helped here.
 
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Against.

Potentially interferes with the internal judiciary system of the Autocratic Republic.
Although straightforward and the message gets across, it leaves areas up to interpretation.
No definition of "Sapient Life". Does this include artificial citizens? Is it reserved to those who are deemed to "have a soul"?
 
Cretox State:
The way this is phrased, it could easily apply to all other international law. This includes resolutions passed after this one. This makes this clause all but useless, since any other resolution could nullify it. Additionally, this exception applies to "international law," not WA resolutions. This encompasses treaties and other such agreements, as well as law governing non-WA supranational organizations.
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Due to GA 2's use of "international law" in the good faith clause, the Assembly has a convention that "international law" means only WA law. This is because otherwise basically all proposals are illegal for violating some unknown treaty that someone could invent out of thin air (You want to write a proposal on arbitration, 12 hours before it passes, Nonarbitrationistan signs a treaty with Bigtopia banning arbitrations and now we do a discard, lmao).

Cretox State:
Given clause 1's "standing international law" exception, a future resolution could permit the death penalty in some cases.
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The exception applies to resolutions which are both prior and standing. A future un-repealed resolution, while standing, is not also 'prior'.
 
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This proposal has been withdrawn and the thread has been locked until such time as the author chooses to resubmit.
 
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