NationStates Jolt Archive

This Repeal is made to allow a more effective and just RESOLUTION

OPPOSING the death penalty and realising other nations reservations to capital punishment is a right that should be maintained.

The Key however should be in BRINGING OFFENDERS TO JUSTICE,

It is NOT ACCEPTABLE to allow those that have commited crimes to remain free from prosecution.

Therefore this RESOLOUTION should be repealed to allow it be ammended with the following adjustment:

If an OFFENDER has commited a crime in a nation where the maximum penalty is capital punishment and has fled to a country which refuses to extradite on the grounds listed above the following procedure should take place:

The offender should be tried in the nation he is currently in using the legislation and procedure of the nation from which the offence was commited. If the offender is found guilty, then the sentancing should be done using the legal system of the nation they are CURRENTLY IN.

Once sentanced they should then be extradited to the country to where the offence was intially commited in order to serve the sentance given.

A sentance CANNOT be appealed by the NATION from which the offence was commited IN ORDER TO OPPOSE A TOUGHER SENTANCE

"My nation would like at this stage to answer questions queries or concerns about this repeal, so that it can be fully explored, we feel that this would allow more OFFENDERS TO BE BROUGHT TO JUSTICE, which we beleive is something all civilised nations wish"

Spokesperson for the Waredelhelrwee tribe,
Shirley Wekannnavviegayte

We agree with you on the issue and would vote yes if this were to make it to a vote.


P.S. I was thinking about trying to repeal this only a few hours ago. :D

I feel fairly confident in saying this repeal is illegal. I just checked the rules sticky and it clearly states that you are allowed to put reasons for a repeal in but are not allowed to add new legislation, which you have clearly added to this.

One other thing,

A sentance CANNOT be appealed by the NATION from which the offence was commited IN ORDER TO OPPOSE A TOUGHER SENTANCE (bolding mine)

I think you mean "impose" not oppose there. Its the fact they oppose the sentence, that makes them want to impose a tougher one :).

Aside from the legality, what do you propose to do about someone who is wanted for a crime their host country does not recognise?

Giordano,
UN representative,
The Black New World

Apart from the blatant illegality of this proposal, there is also the following problem with your idea.

I'm not sure it's possible to use all the laws from one country except for the sentencing. For instance, offences are distinguished in different ways - to use a RL example, in the US there are different degrees of murder, whereas in the UK I don't think we have that. Additionally, the suspect might be found guilty of an offence under the laws of the original country which isn't actually a crime in the host country, so there is no sentence which can be set.

_Myopia_ much prefers to be able to make decisions on extraditions on a case-by-case basis so that we can maintain an appropriate ethical stance.

If our nation has unwittingly broken the rules we apologise it was not an intentional breach, if found to be illegal then we apologise, and look to see how such an adjustment can be made to an already existing Resoloution there is no 'ammendment' option.

:eek:

No ammendments are not allowed. You have to repeal the old resolution, then submit a replacement proposal (if you want it replaced that is) :).

ooc: having just examined some of the rules, I believe this repeal is not illegal, i merely stated why i wanted it repealed in order to bring in a resolotion covering the grounds of my repeal, which i have proposed separately... No doubt i have still got it wrong, if i have i apologise.

What's more, you can't put the replacement into queue until the Repeal has passed. It's fine to discuss it here in anticipation, but I'm going to remove it (without penalty) for now.

Edit: I have to remove both the repeal and the replacement. Get some advice here before posting the repeal again, and try to keep it legal. If it goes up again as an amendment, I'll have to post a UN proposal warning against your nation.

ooc:
understood, how can i pass a resolution that will be legal and have a similar effect?

This forum is mostly OOC. You don't really need the ooc on each post.

First you have to pass a repeal, then you have to pass the replacement. You CAN'T amend. Period. See the Proposal rules sticky for more help.

UNITED NATIONS RESOLUTION #103
Right to Refuse Extradition
A resolution to improve worldwide human and civil rights.
Category: Human Rights
Strength: Significant
Proposed by: Saint Uriel
Description: ACKNOWLEDGING that capital punishment (the death penalty, execution) is a contentious issue, with many different viewpoints
ACKNOWELDGING ALSO that situations involving international fugitives may be very diplomatically delicate
ENCOURAGING nations to resolve matters of international fugitives through discussion and diplomacy
AFFIRMING that a nation should not be forced to be a party to execution against its will
AFFIRMING ALSO that this resolution shall not affect each nation's sovereign right to allow or ban capital punishment within its own borders
BE IT RESOLVED that UN member nations shall have the AFFIRMED RIGHT to refuse, if they so desire, extradition (deportation) of international fugitives to any UN member nation IF the extraditing nation may reasonably believe that the fugitive may face capital punishment if extradited
BE IT FURTHER RESOLVED that UN member nations may exercise this right without fear of military reprisal from any other UN member nation


Forgive me if I'm out of line on this but the above resolution to me only applies when capital punsishment is involved thus if we request extradition for a minor crime that would say mean time in prison but no capital punishment then this does not apply. Therefore any new proposal to cover those crimes not resulting in the death penality would not be ammending this one but simply a new separate proposal on crimes beyond those that lead to capital punishment. As this one clearly only sets the right to refuse extradition to when capital punishment is the results.. Again I may be missing something here if so please clear me on where I missed it...

#2 I see that the proposals as presented are in a way trying to ammend the original since their working pretty much does add to it.. However I ask can one submit a separate Extradition on other Crimes that do not result in Capital Punishment and not be related to 103 as it clearly only covers those times when Capital Punishment is the resulting sentence.