[GA - WITHDRAWN] Ending Collective Punishment

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Ending Collective Punishment
Category: Civil Rights | Strength: Strong
Proposed by: The Forest of Aeneas | Onsite Topic​

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.
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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!

ForAgainstAbstainPresent
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IFV
Overview
This proposal seeks to end forms of collective punishment, something the author broadly defines as punishment enacted wrongfully against those who affiliate themselves with the accused unless they committed the offense or aided the accused. The author goes on to ban the use of punishment based on affiliation or shared characteristics, and requires nations to rescind convictions on the basis of "collective punishment".

Recommendation
While perhaps a bit trite, it is hard not to see this resolution as a solution seeking a problem. First, outside of truly egregious human rights situations, which we stress are fringe, in the real world, the issue of collective punishment cannot be considered a major one without a leap in logic that some could possibly attack as radical. Secondly, we find that the resolution itself is overly repetitive with the definition being reiterated where it ought not be, something that cuts down on the clarity and efficiency of the resolution and renders it a non-starter for us.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote Against the General Assembly Resolution at vote, "Ending Collective Punishment".
Our Voting Recommendation Dispatch--Please Upvote!
 
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This proposal has received the requisite approvals to enter the formal queue. Barring it being withdrawn or marked illegal, it will proceed to a vote in approximately two and a half hours at Major Update.
 
Also, Against. I wrote the IFV and my elaboration is there. Needless to say, I prize economy of words and this ain't it. I also find this to be a solution in search of a real problem to address.
 
Against. This resolution suffers from being overly verbose and provides for further exemptions within the clause describing it's prohibitions. This normally wouldn't be a problem if the exemption is separated as it's own subclause. Unfortunately, this is not the case, and makes it somewhat unclear in its intended purpose.
 
With mere seconds to go before update, the author withdrew this. Therefore, thread locked.
 
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