GENERAL ASSEMBLY PROPOSAL
ID: bananaistan_1422573829
Repeal "Defense of Self and Others"
A resolution to repeal previously passed legislation.
Category: Repeal
Resolution: GA#183
Proposed by: Bananaistan
Description: WA General Assembly Resolution #183: Defense of Self and Others (Category: Human Rights; Strength: Significant) shall be struck out and rendered null and void.
Argument: the World Assembly
Approving of the intentions of resolution #183 to allow for a person’s right to self-defence,
Regretting that resolution #183 relies on the institution of the "judiciary" despite there being no international law requiring the independence of the judiciary, the proper functioning of the judiciary, or even the existence of the judiciary,
Observing that under the terms of the second operative clause a person cannot be prosecuted for using reasonable force yet under the terms of the third operative clause the decision as to whether reasonable force was used or not is reserved to the judiciary,
Believing that this presents a significant barrier to a member state’s prosecution services from initiating prosecutions where the use of reasonable force may be used as a defence in legal proceedings, as the prosecution services themselves are unable to make a determination as to what constitutes reasonable force,
Noting that this is a serious contradiction within resolution #183: an individual cannot be prosecuted for the use of reasonable force yet the determination of whether that individual used reasonable force is a decision reserved to the judiciary,
Regretting that resolution #183 contains a definition of reasonable force which is inexact due to the usage of the vague terminology: “within a reasonable degree of the smallest amount of force”,
Contending that the definition used is so unclear that many criminal acts of violence may not be prosecutable due to the lack of guidance to prosecutors, judges and others involved in potential legal proceedings as to what exactly constitutes reasonable force, and by extension, therefore, what constitutes excessive force,
Realising that prosecutors should retain the right to bring prosecutions against those they suspect may have used more than reasonable force and that suspects are entitled to whatever form of fair trial may be used in a member state,
Maintaining that resolution #183 unintentionally introduced an almost all pervasive immunity from prosecution to any person claiming they used reasonable force,
Further believing that the use of reasonable force to defend oneself or others should be no more than a valid defence in legal proceedings,
Hereby:
Repeals resolution #183, "Defense of Self and Others ".
Given that this is a repeal I am generally in favor of it.
