[GA- WITHDRAWN] Ending Collective Punishment

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Caius

Caius

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

Believing that collective punishment is grossly unfair, as it purposefully targets the innocent, and therefore a serious violation of sapient rights; and

Observing that collective punishment is a favoured tool of authoritarian regimes to suppress opposition;

Hereby, within the confines of past, standing World Assembly law:
  1. Bans member states from purposefully punishing, convicting, or otherwise targetting for punishment, any individual for:
    1. Any act they did not personally commit; or

    2. Any connection or relationship to an individual, on the basis that that individual has committed a punishable or unlawful act;

  2. Demands that all past convictions contravening this resolution by member states be fully rescinded; and

  3. Clarifies that this resolution does not ban member states from purposefully punishing, convicting, or otherwise retaliating against persons for:
    1. Membership in a proscribed organisation; or

    2. A punishable act unambiguously committed under their authority.
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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 perso
    nally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!
For Against Abstain Present
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I think this resolution does next to nothing in terms of protecting rights not otherwise already protected, but I am not opposed to having this specific protection if this is desired by the rest of the WA. I refer to my previous comments plus comments on this site plus on the Forum.
 
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Against. This would prevent states from regarding secondary participants in a crime as being guilty as principals. For example, a getaway driver who does not enter a burgled property could not be charged a burglar or a person who stood by and encouraged another to stab someone could not be charged as a murderer. While charges could be brought as being conspirators or assisting or the like, my view is that it should remain open to states to regard them as guilty of the actual crime.

I am also mulling whether there is an odd omission from the proposal in not covering crimes of omission.

Obviously, guilt by association is a bad thing but I think that the proposal is a flawed one.
 
Against

I'm against this for similar reasons described above; the intention is clearly good, though it seems that the interpretation that charging under accessory would be prohibited by this resolution is reasonable and so it cannot go ahead.
 
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