No Penalty Without Law
A resolution to improve worldwide civil and human rights.
Category: Human Rights
Strength: Significant
Proposed by: Sciongrad
Description: The General Assembly,
Reaffirming its stance that "one should not be penalised for doing something that is not prohibited by law,"
Regretting, however, the lack of legal safeguards protecting individuals from criminal penalties in circumstances where no relevant law exists,
Believing that the World Assembly must act to rectify this oversight,
1. Defines "customary law" as a code of conduct that is seen as appropriate within a particular setting and is considered de facto law by relevant authorities but is not officially recognized through statute, judicial precedent, or other such guidelines with the force of law;
2. Declares that customary law shall not be considered a basis of criminal punishment when in conflict with international or statutory law, judicial precedent, or other such guidelines with the force of law;
3. Stipulates that neither member nations, nor political subdivisions thereof, may arrest, detain, prosecute, or punish by law any individual unless they have committed a crime that is specifically illegal according to international law or a relevant member nation's established statutory laws, judicial precedents, or guidelines with the force of law;
4. Permits the following exceptions to clause three, subject to limitations and guidelines recognized by extant General Assembly legislation: instances of involuntary commitment for individuals whose mental states pose a clear and present danger to the well being of themselves or others, temporary detention based on reasonable suspicion that a crime has been committed or will be committed, or involuntary questioning;
5. Mandates that such established international or statutory laws, judicial precedents, or guidelines with the force of law shall define the punishable action in good faith so as to minimize ambiguity;
6. 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 through all means practical and necessary; member nations shall be prohibited from arresting, detaining, prosecuting, incarcerating, fining, or otherwise placing under duress individuals for violating laws that are not publicly promulgated;
7. 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;
8. Clarifies that nothing in this resolution shall provide protection for those that claim ignorance of the law if the relevant law is publicly promulgated in accordance with the provisions of clause six.
