General Assembly Proposals

General Assembly Resolution #168 “Law of the Seas” (Category: Global Disarmament; Strength: Mild) shall be struck out and rendered null and void.

The World Assembly,

UNDERSTANDING that the goal of Resolution 168, "Law Of The Seas" was created to stop international conflicts, with good purpose, however,

SEEING that it's jurisdiction covers huge swaths of sea,

NOTING that it makes no mention of internal waters or open seas, and

VIEWING that it provides no right to innocent passage,

Hereby repeals Resolution 168, "Law Of The Seas."

The World Assembly,

Annoyed by the insistence regarding passing yet another pointless non-compromise that will merely facilitate legal abuses,

Acknowledging prior attempts to ensure that the criminal justice systems of Member-States operate in a just and ethical manner,

Dismayed by their failure to adequately provide protections from legal abuse and to provide closure and restitution to victims,

Seeking to immediately prevent any further abuses of criminal justice systems,

Hereby;

Defines:

1. Protective confinement as the severe isolation of prisoners from contact with other inmates due to clear and present dangers to their life in the general prison population, or risks posed by the prisoner to other inmates in the general prison population,

2. Punitive confinement as the complete or severe isolation of prisoners from contact with other inmates and prison staff for any reason other than those established under protective confinement,

3. Inhumane conditions as: the refusal or withholding of necessary and healthy sustenance or of medically or mentally necessary healthcare; the maintenance of severely confined or crowded conditions, or conditions inferior to those mandated for prisoners of war,

Prohibits:

1. The holding of any prisoner in inhumane conditions,

2. The holding of any prisoner in punitive confinement,

3. The holding of any prisoner in protective confinement without the informed consent of the prisoner, barring circumstances that render the prisoner legally unable to make such a decision, or circumstances in which the prisoner would present risks to individuals in the general prison population if not held in protective confinement,

4. The use of capital punishment for any crime that did not result in unlawful death, exceptionally cruel treatment such as torture or rape, or an exceptional betrayal of national security,

5. The sentencing of any individual under the age of majority, or any individual deemed legally incompetent, to capital punishment,

6. The practice of summary or otherwise extrajudicial executions,

7. The practice of forced prisoner labor,

Mandates:

1. That Member-States provide to prisoners accessible legal recourse for the investigation of any undue violence or abuse by prison staff,

2. That Member-States provide to prisoners sentenced to capital punishment accessible legal counsel and support, including access to appeals and stays of execution,

3. The use of the highest reasonable standards of evidence when considering the use of capital punishment,

4. That all executions be held at a reasonable date past sentencing, following any processing time for applicable legal requests, inquiries, and appeals,

5. That, in the case of a pregnant individual being sentenced to capital punishment, that execution be stayed until such time as the prisoner is no longer pregnant,

6. That protective confinement be be utilized only when there exists a clear and present danger to holding the prisoner within the general prison area,

7. That prisoners subject to protective confinement be allowed regular contact with psychiatric staff, and access to standard visitation,

8. That, once a prisoner has been subjected to protective confinement, all practical measures must be taken to allow their safe return to general prison populations as soon as possible,

Reserves to Member-States the right to determine the legality of capital punishment within their jurisdiction,

Clarifies that prisoners legally incapable of consent may be held in protective confinement as a strictly temporary measure until a legal guardian can be contacted.

The General Assembly,

Believing that all people deserve a chance of life, regardless of aggravating circumstances,

Noting the will of some World Assembly nations to take away this chance of life from people for either sport or punishment,

Further realizing that no restrictions have been placed on recreational murder in World Assembly nations,

Hereby:

1. Subject to extant World Assembly legislation, bans the intentional killing of any person for recreational, punitive, or administrative purposes, except when the express and well-informed consent of the person who is being killed has been granted or as a part of hostilities involving armed forces during wartimes or similar;

2. Forbids the deportation of people to any nation where they have a credible or substantive risk of being killed for the purposes listed under clause one of this resolution;

3. Clarifies that all subjects of euthanasia and other forms of assisted suicide are subject to all other General Assembly legislation.

4. Further clarifies that actions taken for defensive reasons are not legislated upon within this resolution.

The World Assembly,

Recognizing the fundamental role law enforcement officers play in ensuring the safety and security of nations and their peoples;

Noting that in order to support this mission, governments often empower law enforcement officers with extraordinary authority over their fellow citizens, such as the powers to detain and apply deadly force;

Concerned that the misuse of such authority can and does lead to grave violations of the law, the sanctity of life, and the public peace;

Understanding that the concealment of crucial matters such as inquiries into violent incidents and law enforcement officers' violations of civil rights compromises public faith in law enforcement, the public safety, and the ability of law enforcement officers to perform their essential duties, hereby:

1. Defines for the purposes of this resolution:

   1. a "law enforcement officer" (LEO) as an individual acting in an official capacity to prevent or investigate potential offenses against a criminal law, with the powers to apprehend or detain individuals suspected or convicted of offenses against a criminal law, as authorized by a government;

   2. a "department" as an entity authorized to disclose records pursuant to this resolution;

   3. a "personnel record" as any file maintained under an individual's name by a department, which contains any information concerning:

      1. employment-related advancement, appraisal, discipline, or benefits; or

      2. complaints or investigation of complaints regarding an incident which that individual participated in or perceived, pertaining to their conduct with regards to said incident;

   4. a "final finding" as a final determination by an investigatory or determining body that the actions of an LEO are found to be unlawful or in violation of policy;

2. Declares:

   1. except as otherwise noted by World Assembly resolution, the personnel records of any LEO, and any information obtained from such records, are confidential and shall not be disclosed in any investigation or proceeding, excepting investigations and proceedings concerning the conduct of said LEO;

   2. LEO personnel records must be made non-confidential and readily available for public consumption where they relate to:

      1. an investigation or findings regarding an incident involving the discharge of a firearm by a LEO, or an incident in which the use of force by a LEO resulted in death or severe bodily harm;

      2. an incident in which a final finding was made that a LEO initiated or attempted to initiate a sexual act through force or coercion, or under the guise of authority;

      3. an incident in which a final finding was made of dishonesty by a LEO in the course of their official duties;

   3. a department may only redact a personnel record disclosed pursuant to this resolution so long as said redaction serves any of the following purposes:

      1. to remove personal information, excepting work-related information regarding law enforcement officers;

      2. to maintain the anonymity of witnesses and complainants;

      3. to protect confidential information, so long as disclosure of such is specifically prohibited by international law or would constitute an unwarranted invasion of personal privacy;

      4. when the disclosure of certain information within said record could reasonably pose a significant physical danger to a LEO or other individual, or a significant danger to national security;

3. Clarifies:

   1. no part of this resolution shall be construed to limit the public's right of access to information as established by other international law;

   2. a department may withhold disclosing a personnel record concerning an incident that is the subject of an active criminal or administrative investigation or criminal enforcement proceeding, so long as disclosure of such could reasonably be expected to interfere with said investigation or proceeding.