Ma'at Kheru: Repeal "No Penalty Without Law"

[Ainocra]

GENERAL ASSEMBLY PROPOSAL
ID: celsuis_1428380098
Repeal "No Penalty Without Law"

A resolution to repeal previously passed legislation.


Category: Repeal


Resolution: GA#323


Proposed by: Celsuis

Description: WA General Assembly Resolution #323: No Penalty Without Law (Category: Human Rights; Strength: Significant) shall be struck out and rendered null and void.

Argument: The World Assembly,

Applauding the efforts of General Assembly Resolution #323 "No Penalty Without Law" to further justice in respect to law enforcement,

Recognizing the injustice of being prosecuted for crimes which do not exist,

Concerned, however, that the resolution does nothing to accomplish its aforementioned goal,

Alarmed that Clause 1, which states "Declares that neither member nations, political subdivisions thereof, nor any person or organisation acting on or purporting to be acting on the authority of the member nation or political subdivisions thereof, may arrest, detain, prosecute, or punish any individual unless such action is specifically permitted by international law or a relevant member nation's established statutory laws, judicial precedents, or guidelines with the force of law", unduly impedes on the ability of law enforcement to enforce law and exercise discretion, thus threatening public safety,

Observing that this directive takes no account of the necessity of temporary detention with probable cause or suspicion (e.g., being in the vicinity of a murder scene, which is not necessarily a crime),

Noting that it is impossible to legislatively record and define the limitless amount of suspicious activities that can be associated with criminal behavior under specific circumstances,

Further Noting that Clause 2, which mandates defining "any punishable action in good faith so as to reasonably minimize ambiguity in enforcement" also fails to account for the indeterminate legal activities which can be associated with criminal behavior,

Concerned that Clause 3, which "Requires member nations to ensure that all established international or statutory laws, judicial precedents, or guidelines with the force of law applicable under their jurisdiction are publicly promulgated when it is determined to be both practical and necessary in preventing their inhabitants from committing punishable actions" fails to address nations which deliberately make their "promulgated" legislation difficult to access by the general public, resulting in scenarios where individuals are convicted for crimes they only became aware of upon their arrest (equally unjust as being convicted for crimes that do not exist),

Realizing that the resolution offers no definition of "promulgate" whatsoever, enabling manipulation of the term contrary to the resolution's goal,

Observing that the resolution unjustly neglects nations under a code of implied laws (e.g. innate prohibitions against murder) that do not have concrete legislation or legal systems,

Deeply disturbed that Clause 5, which states "Demands that all individuals previously convicted or currently detained in violation of any of the aforementioned principles shall be immediately freed and have their sentences nullified" retroactively releases and nullifies the sentences of criminals who have been legitimately and lawfully convicted by their respective legal systems, thus critically endangering the public safety and welfare of all member nations,

Hoping that The World Assembly passes sincere and concise legislation that actually addresses legislative and enforcement abuse in the future,

Hereby repeals "No Penalty Without Law".

I fully support this repeal, we should vote in favor if it

[Ainocra]

No explanation has yet been given by the mods as to why this was pulled