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As Tinhampton points out on TNP https://forum.thenorthpacific.org/topic/9196245/post-10523974, the World Assembly has never defined or (explicitly) forbidden murder, manslaughter, or anything of the sort, so there is a loophole whereby the death penalty ban can be evaded by simply reducing the penalty for murder (or a lynching) to something trivial (say $5 or the value of a McDonalds happy meal), this resolution has been written to shut this loophole down. This is purely just in case.
If a WA state wants to run an anarchy (OOC: or has RP arrangements similar to that), it is their right to do so, hence clause 4 requires that other WA members are informed from time to time so that they don't inadvertently send their citizens to some killing fields or the NS equivalent of Grand Theft Auto.
Edit (Dec 2022): I have revived this resolution in case of mayhem after the repeal of GA#2. I am going to gather more feedback before publishing draft 2.
Text
The World Assembly,
Recognizing its efforts to reduce the use of the death penalty (GAR#535, GAR#545);
Believing that the act of pre-mediated killing of person(s) by other persons should be an offence against the state and/or the human victims of such an act;
Concerned that the WA has never explicitly forbidden the murder of a person as an offence, and thus allows resolutions concerning the death penalty to be evaded simply by minimizing the penalty for the killing of other humans;
Defining, for the purposes of this Resolution;
"Person(s)" to mean the human and/or sapient population of a WA member state and subject to its jurisdiction thereof (and anyone within the neutral territory of the World Assembly Headquarters)
"Murder" to mean either (i) pre-mediated killing of person(s) by any other person(s) with malice aforethought, and/or (ii) the proven intent to commit a predicate felony in accordance to the laws of the WA member state, and the death of a person(s) as a result of the felony;
"Manslaughter" to mean the killing of person(s) by any other person(s) without malice aforethought, including voluntary manslaughter, involuntary manslaughter, constructive manslaughter, or other forms of manslaughter as defined in the laws of the WA member state;
Hereby requires that:
A WA member state must make it a criminal offence to commit the act of Murder and/or Manslaughter, and to prosecute anyone accused of the crime of Murder and/or Manslaughter to the fullest extent possible under its judicial system;
For anyone duly convicted of the crime of Murder and having exhausted all appeals, a WA member state must impose a penalty no less stringent than that of its most serious penalty for other criminal offences;
or anyone duly convicted of the crime of Manslaughter and having exhausted all appeals, the WA member state is encouraged to impose penalties deemed severe by the WA member state;
For the avoidance of doubt, clauses 1-3 are not applicable to any WA member state that, either by choice or otherwise:
does not have a criminal code or otherwise criminalizes any acts by its citizens or persons subject to its jurisdiction; and/or
has no law enforcement officers or other offices with an analogous role, whether this is due to a lack of officers or a lack of laws to enforce; and/or
has no penal ir judicial system or other forms of jurisprudence.
The World Assembly Compliance Commission is required to regularly compile up to date statistics, where available, on the occurrence and the penalties (if any) imposed to WA member states for the crime(s) mentioned in Clauses 1-3, its policies on the prosecution of such offences, the circumstances where a state claims exceptions under Clause 4, and, and to regularly inform WA member states of such statistics from time to time.
A WA member state must inform (through such means as it deems appropriate) persons subject to its jurisdiction of the policies of the other WA member states on murder and/or manslaughter in order for travelers to make an informed decision on whether to travel to the other WA member states.
If a WA state wants to run an anarchy (OOC: or has RP arrangements similar to that), it is their right to do so, hence clause 4 requires that other WA members are informed from time to time so that they don't inadvertently send their citizens to some killing fields or the NS equivalent of Grand Theft Auto.
Edit (Dec 2022): I have revived this resolution in case of mayhem after the repeal of GA#2. I am going to gather more feedback before publishing draft 2.
Text
The World Assembly,
Recognizing its efforts to reduce the use of the death penalty (GAR#535, GAR#545);
Believing that the act of pre-mediated killing of person(s) by other persons should be an offence against the state and/or the human victims of such an act;
Concerned that the WA has never explicitly forbidden the murder of a person as an offence, and thus allows resolutions concerning the death penalty to be evaded simply by minimizing the penalty for the killing of other humans;
Defining, for the purposes of this Resolution;
"Person(s)" to mean the human and/or sapient population of a WA member state and subject to its jurisdiction thereof (and anyone within the neutral territory of the World Assembly Headquarters)
"Murder" to mean either (i) pre-mediated killing of person(s) by any other person(s) with malice aforethought, and/or (ii) the proven intent to commit a predicate felony in accordance to the laws of the WA member state, and the death of a person(s) as a result of the felony;
"Manslaughter" to mean the killing of person(s) by any other person(s) without malice aforethought, including voluntary manslaughter, involuntary manslaughter, constructive manslaughter, or other forms of manslaughter as defined in the laws of the WA member state;
Hereby requires that:
A WA member state must make it a criminal offence to commit the act of Murder and/or Manslaughter, and to prosecute anyone accused of the crime of Murder and/or Manslaughter to the fullest extent possible under its judicial system;
For anyone duly convicted of the crime of Murder and having exhausted all appeals, a WA member state must impose a penalty no less stringent than that of its most serious penalty for other criminal offences;
or anyone duly convicted of the crime of Manslaughter and having exhausted all appeals, the WA member state is encouraged to impose penalties deemed severe by the WA member state;
For the avoidance of doubt, clauses 1-3 are not applicable to any WA member state that, either by choice or otherwise:
does not have a criminal code or otherwise criminalizes any acts by its citizens or persons subject to its jurisdiction; and/or
has no law enforcement officers or other offices with an analogous role, whether this is due to a lack of officers or a lack of laws to enforce; and/or
has no penal ir judicial system or other forms of jurisprudence.
The World Assembly Compliance Commission is required to regularly compile up to date statistics, where available, on the occurrence and the penalties (if any) imposed to WA member states for the crime(s) mentioned in Clauses 1-3, its policies on the prosecution of such offences, the circumstances where a state claims exceptions under Clause 4, and, and to regularly inform WA member states of such statistics from time to time.
A WA member state must inform (through such means as it deems appropriate) persons subject to its jurisdiction of the policies of the other WA member states on murder and/or manslaughter in order for travelers to make an informed decision on whether to travel to the other WA member states.