[GA - In Queue] Repeal: “Prevention of Torture”

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Repeal: “Prevention of Torture”
Category: Repeal | GA #9
Proposed by: Ostrovskiy, Co-authored by: Varanius, Logical Stimulus | Onsite Topic

General Assembly Resolution #9 “Prevention of Torture” (Category: Civil Rights; Strength: Strong) shall be struck out and rendered null and void.

The World Assembly,

Recognizing the gravity of torture and the importance of protecting citizens of member nations against cruel and inhumane treatment,

Convinced, however, that “Prevention of Torture” (GAR#9), the current legislation on the matter, fails at completely preventing torture so fundamentally that it standing is a disgrace,

Nonplussed by the definition of torture by GAR#9, which chooses to define the act only “where [it is] committed with the approval or assistance of a government official or person acting in such capacity”, which completely excludes the possibility of torture by an individual or other private entity,

Emphasizing that entire categories and classifications of member nations are therefore functionally exempt from GAR#9, including any nation where the government is weak or non-existent, rendering it ineffective at actually preventing torture through its narrow application only to governments and government actors,

Noting that many examples of acts of torture as given in Section 2 are covered by other extant resolutions, such as “denial of right to religious observance”, prohibited by GAR#635,

Bemused by the decision to designate torture as a crime against humanity and its commision as a heinous crime without defining what either of the latter terms mean or why more severe consequences should be imposed for the latter terms,

Concluding that this resolution is undeserving of placement in the annals of the World Assembly because of its numerous, unescapable flaws,

Hereby repeals GAR#9, “Prevention of Torture”.
Note: Only votes from TNP WA nations, NPA personnel, and those on NPA deployments will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote. If you are on an NPA deployment without being formally registered as an NPA member, name your deployed nation in 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
91101
 
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Against. The resolution only covered government actions because actions by individuals or groups were considered a matter for national legislation. If the WA wants to outlaw torture in all forms by all people, it can be done without repealing GA#9.
 
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[Non-WA]

Against. For the same reasons as Gorundu, torture by private citizens is considered a domestic criminal matter, and thus actually doesn't infringe on member-states at all, really. If the target's goal was really to prevent torture, they could do that without this repeal at all. With no replacement intended, there is no reasonable basis to support the resolution's text.
 
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Against. I'm sympathetic to arguments in favour of criminalising private torture by non-state actors, but a repeal without replacement is simply terrible. A supplementary resolution to cover for GAR#9's shortcomings without a repeal would be more ideal.
 
Against. This is one of the most poorly argued repeals I've seen in recent memory. If the authors are so concerned about non-state torture they can just write a resolution about that. That they chose to do this instead indicates they are simply pro-torture. That or their motivations for this don't even concern the contents of the target.
 
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