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Exiling them as punishment for something they are doing now when it still is illegal is a retroactive criminal sanction.



It wouldn't be as a punishment or sanction, it would be a procedural event as part of the transition to a republic.


- They aren't prisoners of war; they're “detained enemy combatants”, so the Geneva Convention does not apply.

- It's not not a criminal incarceration; it's an involuntary psychiatric commitment so your usual rights to due process don't apply.

- You see, we're not giving lesser rights to this group; we're simply giving more rights to the other, so it's fine.

- It's not a form of punishment; it's simply a procedural event to exile, so we can do it to someone who committed no legal crime.

And this is the grim, grim reality of human rights. — simply doing the same thing under a different name is enough to overstep them.


Drawing rhetorical analogies is one thing, but exactly which human rights do you feel would be violated by applying these proposals to the royal family?

Also just to note this wouldn't be done arbitrarily, but within a specific purpose of abolishing the monarchy and removing all vestiges of their power.


> Drawing rhetorical analogies is one thing, but exactly which human rights do you feel would be violated by applying these proposals to the royal family?

The right to not be punished by the state for anything that was legal at the time one did it, by way of a future law change.

Saying “It is not a form of punishment; it is simply a procedural change.” can be used to enable any such matter.

> Also just to note this wouldn't be done arbitrarily, but within a specific purpose of abolishing the monarchy and removing all vestiges of their power.

The same can be said about anything.

Let us incarcerate all those that have removed the foreskins of their children in the past, when it was still legal to do so; — this is not a form of punishment; this is simply to remove all vestiges of involuntary foreskin removal.


> Saying “It is not a form of punishment; it is simply a procedural change.” can be used to enable any such matter.

Yes but the converse is also true, claiming that something is being done as an unfair punishment, as an argument against it.

In this case, it's also worth noting that most of the monarchy's private assets are vast amounts of property and land, of which they are the landlords. The state seizing and administering this property for the benefit of the country, rather than to perpetually enrich this elite, is a public good.

Rather than taking this to be a punishment on the royals, consider it an anti-punishment on the people afflicted by their predatory rent-seeking behaviour.


> Yes but the converse is also true, claiming that something is being done as an unfair punishment, as an argument against it.

No, in this particular case, it can only be claimed if there be no law against it.

The principle is quite simple: no man can be punished for any act that was not illegal when he committed it, no matter the act.

No matter how unfair the punishment, if it were indeed legal as he committed the act, the argument cannot be raised.

> In this case, it's also worth noting that most of the monarchy's private assets are vast amounts of property and land, of which they are the landlords. The state seizing and administering this property for the benefit of the country, rather than to perpetually enrich this elite, is a public good.

Perhaps it is, and the same argument can be made for seizing the property of the very rich, but this is entirely unrelated.

The difference is that a new law can be passed that the rich should surrender their property, and if they not do so, then they commit a crime, at the time it is so written in the law books.

Likewise, the former monarchs can be punished for being unwilling to surrender their power if ever the law change, and it no longer permit them to monarch; — they simply cannot be punished for their time as monarch when this was still legal, under this scheme.

> Rather than taking this to be a punishment on the royals, consider it an anti-punishment on the people afflicted by their predatory rent-seeking behaviour.

The argument was about their exile, not their assets being seized.

Their assets can easily be seized without any retroactive application of the law.

Of course, if the new law target only the former monarchs, and not every similarly wealthy man, then it goes against the other human right of fair justice and æquality before the law.


> The argument was about their exile, not their assets being seized.

A fair point, I did pivot back from answering this regarding exile.

If we consider why a set of international human rights principles were pushed in the first place, it was to act as a preventative measure against totalitarian governments abusing their citizens, and in particular, was a reaction to how the Nazis brutalized and killed millions of people during and prior to WW2.

What it wasn't intended for, is restricting how exactly to transfer power within a state.

Article 9 of the UHDR states that:

> No one shall be subjected to arbitrary arrest, detention or exile.

The key qualifying word here is "arbitrary". For ordinary citizens, this is taken to mean that due process and the rule of law must be applied. For a head of state who is ordinarily immune from prosecution (as the Queen and her family are), it can't mean this, because the normal due process doesn't apply to them.

So if Britain did abolish its monarchy, the only interpretation of "arbitrary" that makes sense here is that the monarchy be treated according to the protocols decided for establishing the new republic. And if this statute outlines a process for exile, then so be it.

(Conversely, if it says nothing about exile, but the new government attempts to do so anyway, then this may well be in breach of Article 9.)

> Of course, if the new law target only the former monarchs, and not every similarly wealthy man, then it goes against the other human right of fair justice and æquality before the law.

As noted above, this already doesn't apply to the royal family. They are protected from any legal consequences for their actions that would apply to an ordinary citizen.

Targeting them specifically would simply be redressing this imbalance of justice and power.




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