RBS MUN

GENERAL ASSEMBLY 6: LEGAL COMMITTEE

RBSMUN 2013

Rato Bangala School Model United Nations 2013

2013

STUDY GUIDE

Chair: Pawan Acharya Vice Chair: Saurav Sharma Moderator: Smriti Pandey

CONTENTS
INTRODUCTION ....................................................................................................................... 3 HISTORY OF THE COMMITTEE ............................................................................................... 4 TOPIC 1: BRINGING GOVERNMENTS TO JUSTICE STATEMENT OF THE PROBLEM ...... 5 HISTORY OF THE PROBLEM ............................................................................................................ 6 CURRENT SITUATION......................................................................................................................... 7 RELEVANT UN ACTIONS .................................................................................................................... 8 PROPOSED SOLUTIONS .................................................................................................................... 9 QARMA: QUESTIONS A RESOLUTION MUST ANSWER .......................................................... 10 TOPIC 2: DEFINING LEGAL STANDARDS FOR INTERNATIONAL INTERVENTOIN AND PEACEKEEPING ......................................................................................................................11 STATEMENT OF THE PROBLEM .................................................................................................... 11 HISTORY OF THE PROBLEM .......................................................................................................... 12 CURRENT SITUATION....................................................................................................................... 13 RELEVANT UN ACTIONS .................................................................................................................. 14 PROPOSED SOLUTIONS .................................................................................................................. 15 QUESTIONS A RESOLUTION MUST ANSWER ........................................................................... 16 SUGGESTIONS FOR FURTHER RESEARCH .........................................................................17 CLOSING REMARKS ...............................................................................................................19 REFERENCES .........................................................................................................................20

Study Guide: Legal Committee

INTRODUCTION
Delegates of this years conference have much to look forward to with the introduction of a whole new committee, the Sixth General Assembly- the Legal Committee. This committee presides over matters of public international law. Its main purpose, as pointed out in article 13 of the UN charter, is to encourage the progressive development of international law and its codification. The sixth committee is the primary forum for the consideration of legal questions in the General Assembly. All of the United Nations member states are entitled to representation on the Sixth Committee as one of the main committees of the General Assembly. Each topic related to international law can be an agenda item of the Committee. The Legal Committee discusses a variety of subjects from wider appreciation of international law, to criminal accountability of United Nations officials and experts on mission.

Study Guide: Legal Committee

HISTORY OF THE COMMITTEE

The legal committee falls under the greater umbrella of the General Assembly of the United Nations. The Legal Committee was created in 1947 as the primary committee of the General Assembly for the discussion of legal matters. It acts as a forum for the discussion of different issues that concern international law and is also involved in the creation of resolutions for those specified issues. Its major role is to develop and progress international law, along with protecting basic human rights and freedoms. Article 13 talks about one of the roles of the United Nations charter: to initiate studies and make recommendations for the purpose of and encouraging the progressive development of international law and its codification. The committee also deals with drafting international conventions in combination with the International Law Commission. Once the topics have been formally handled, the adopted resolutions are given to the Plenary of the General Assembly for its final approval. If an issue is considered to be of particularly complicated, it may be further submitted to the International Law Commission or another special subsidiary body for additional discussion. Consensus is more favored than a formal vote in the Sixth Committee, which follows a mixed decision-making rule. Most resolutions are adopted by approval, unanimity, or consensus.

The Committee has tackled issues from human cloning to international terrorism to the protection of victims of war. Recent issues that have sparked a lot of debate are measures to eliminate international terrorism and criminal accountability of United Nations officials and experts on a mission.

Study Guide: Legal Committee

TOPIC 1: BRINGING GOVERNMENTS TO JUSTICE STATEMENT OF THE PROBLEM

Bringing governments to justice has become a very popular and well-practiced topic in the present. For centuries, governments of various nations have tried and taken control over a country. Arbitrary arrest, unjust trial procedures, taking over of a privately owned possession, use of lethal weapons on citizens and violation of treaties are some incidents that have occurred in the past and are still taking place in the present. Governments that have been violating the rights of the people and the treaties that they have signed upon have to be trailed and should be brought to justice. It is stated in the Universal Declaration of Human Rights that all human beings are foundation of justice, peace and freedom in the world. Furthermore, to rebellion against tyranny, that human right should be protected by the rule of law. Whether it be the early 1970s violation of human rights by the government and state forces in the form of state terrorism or the recent drone strikes, violation of the human rights and other treaties has taken place by the government themselves. The government of any nation holds ultimate power, given by the people in hopes of peace. Time and again, governments of different nations are seen misusing their power and constantly making wrong and selfish decisions. The reason behind this could be the fact that there is no unbiased legislative body within nations that looks after the decisions made by the government. Thus, governments should be brought to justice for their wrong decisions and actions.

Study Guide: Legal Committee

HISTORY OF THE PROBLEM

In the late 1930s, prisoners were tortured with cruel, inhuman, degrading treatment and punishments. The prison conditions were terrible. There were no due process systems, imprisoning and executing prisoners at will. To warn the citizens and prevent protests against the governments, executions were made public. Governments also performed arbitrary arrest or detention. Fair Public Trials were denied; the trial procedures were completely biased. Right to change the government was snatched from the people. Prosecutions, mostly followed by executions, were held for those who tried to go against the government. Citizens were forced to become laborers with no labor rights. Furthermore, to prevent the downfall of the government, right to speech and information was also taken from the people. Torture, cruelty and punishments on the basis of religion or caste were also very common. Governments would misuse the military to fulfill their selfish desires, such as occupying other territories. Governments have used weapons, which are strictly against the Human Rights in few cases, such as execution of suspected terrorist members killing innocent(s) in the process. Rise to another problem takes place, as one part of the problem is resolved. Even though the problems above dont take place in most parts of the world anymore, other forms of problems have aroused.

Study Guide: Legal Committee

CURRENT SITUATION
The members of the United Nations Organization have ensured full rights to their citizens. Right to change the government in a diplomatic way has also been given to the people. High improvements in the lives of the people can be seen. However, despite the presence of such rights, undemocratic attempts to change the government are also taking place. Even at present governments are openly violating different human rights: freedom of speech, the right to privacy, and freedom of opinion and so expression that citizens cant protest against them. Governments still torture their citizens, do not permit them to vote, strongly control the media, and sometimes use their military powers to oppress the citizens and to threaten them. It is now up to the delegates to conduct further research so as to evaluate what can be done to governments who are openly violating human rights and make suitable resolutions.

Study Guide: Legal Committee

RELEVANT UN ACTIONS
One of the major responsibilities of the United Nations is to make impartial judgments and punish corrupt governments to maintain overall peace. The General Assembly has made many resolutions to take actions against governments who have posed threats to other countries or has created any sort of conflict by unfair and wrong means. This is done mainly through sanctions. Sanctions are passed from within a resolution. Governments have also created many conflicts by violating protocols and resolutions; the United Nations duty is to make sure that these governments are brought to justice as well. Violations of Human Rights, Nuclear Proliferation are common subjects that have created conflict between and within countries and disturbed world peace. The United Nations has also condemned the use of lethal weapons in the past. Before making a certain decision, the United Nation makes an overview of the situation, which consists the following: The Plan Of Action Promotion and Protection Of Human Rights at Country Level Objective Of the Plan Implementation Strategy Monitoring Progress Cost And Resources United Nation moves to sanction if they have to face the failure of the initial process of solving the problem peacefully. Sanctions have taken place in the past numerous times, but only during extreme conditions. Some of the earliest sanctions that the United Nations put are as follows: One of the earliest sanctions was that in 1982, where the United Nations put sanctions on South Africa to punish them for the oppression of the black people and ultimately for violating human rights In 1992, The United Nations also put sanctions on the government of Yugoslavia for their assistance in stirring up of the war among Bosnian Serbs, who fought the government in Bosnia for years. This sanction was put in action for about four years, but after a discussion taken off in October 1996. Sanctions were put up against the Syria for its role in a terrorist attack in Lebanon that killed the prime minister of the country in 2005.

Study Guide: Legal Committee

PROPOSED SOLUTIONS
Unity between countries and their dedication to bring governments who have violated rights and treaties to justice Active participation from nations to provide help to the victims in any possible way Formation of strong treaties which makes sure that these incidents do not repeat Formation of a legislative body to look after decisions made by the government Proper selection of government by the citizens, mention high criteria to become a part of the government

Study Guide: Legal Committee

QARMA: QUESTIONS A RESOLUTION MUST ANSWER

How to tackle the current situation of violation of human rights by governments of different nations How to help or compensate the victims of human rights violation and who should take the initiative How to punish the culprits of the violation of human rights How to bring back treaties which had been signed but violated and make sure that these treaties wont be violated again How to look after the upcoming decisions made by the governments How to prevent the use of nuclear and other lethal weapons How to make sure government of one nation is not breaching the rights of its people Who will run the nation until the elections are held or the government is overthrown

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Study Guide: Legal Committee

TOPIC 2: DEFINING LEGAL STANDARDS FOR INTERNATIONAL INTERVENTOIN AND PEACEKEEPING STATEMENT OF THE PROBLEM
International Intervention is a major issue that always remains at the top among international discussions but still remains controversial and unsettled. The need for defining the legal standards for international intervention is one of the most pressing issues and is yet to be resolved. Therefore, delegates are expected to start by establishing a proper foundation that encompasses current international dynamics and the history of international intervention. Moreover, delegates must evaluate the role of peacekeepers in the light of the UNs role as a body in facilitating intervention. Delegates must balance domestic and international interest of the nation and think like world leaders to pursue a meaningful resolution at the end of the sessions. There is a need for legal standards that determines the condition and circumstances of international intervention that seeks to resolve humanitarian crisis. The imperative action after that is formulating a set of clear guidelines for intervention in case of humanitarian violations. As such the problem can be categorized as follows. Identifying if an event calls for intervention Determining the appropriate actions that makes up such interventions Achieving the international consensus necessary to realize this course of action and practice Achieving general applicability in full range of possible eventualities

Moreover, the major problem is considering how these two competing values: human rights and sovereignty, should be taken into account, and under what situations, if any, one can be abrogated in favor of the other. Establishing an agreement on the meaning and relative position of these two terms: sovereignty and human rights is an important task for this committee.

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Study Guide: Legal Committee

HISTORY OF THE PROBLEM

Different from both peace building and peacemaking, peacekeeping is a unique and dynamic instrument developed by the [United Nations] as a way to help countries torn by conflict foster the conditions for lasting peace.11,12. While it comprises of one of the prominent measures undertaken by the UN to maintain international peace and security throughout the world, the use of peacekeeping troops does not provide us with a complete solution. Rather, it is a way that has been employed alongside other significant activities, including conflict prevention and mediation, peacemaking, peace enforcement, and peace building.13. In considering the feasibility of peacekeeping, it is important to remain alert about the developing perceptions and capabilities of UN peacekeeping forces. The role of UN peacekeeping troops experienced a shift during the escalation of the Cold War, acquiring increased military capabilities to respond to a wider range of crises. The first armed peacekeeping operation, incorporating the deployment of the First United Nations Emergency Force (UNEF 1), took place in 1956 during the Suez Crisis. Peacekeeping efforts were further intensified during the wars that precipitated from decolonization, primarily due to increased international solidarity over the issue of military intervention in developing nations. Indeed, the first large-scale mission occurred in 1960 in the Congo, and involved the launching of the UN Operation in the Congo (ONUC). The privileged position of the peacekeeping forces, however, was undermined by failures in highly unstable regions. Inadequate resources and flagging political support imperiled missions to Yugoslavia, Somalia, and Rwanda. The augmenting figure for civilian deaths and the intensification of hostilities during this period resulted in a dramatic decline in the reputation of UN peacekeeping force. Since 1948, 63 peacekeeping operations have been initiated by the United Nations. Hundreds of thousands of military personnel, not to mention tens of thousands of UN police and other civilians, from more than 120 countries, have been involved in UN operations.

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Study Guide: Legal Committee

CURRENT SITUATION
Currently, there are altogether fifteen peacekeeping operations operated in various countries and one special mission - the United Nations Assistance Mission in Afghanistan (UNAMA) led by the Department of Peacekeeping Operations. Here are names of some peacekeeping operations and countries they are currently working: MINURSO- Western Sahara MINUSMA- Mali MINUSTAH- Haiti MONUSCO- D.R. of Congo UNAMA- Afghanistan UNAMID- Darfur UNDOF-Syria UNFICYP-Cyprus UNIFIL-Lebanon UNISFA-Abyei UNMIK- Kosovo UNMIL- Liberia UNMISS- South Sudan UNMOGIP- India and Pakistan UNOCI- Cote d Ivoire UNTSO- Middle East Yet there is no proper standard guideline defining where and when intervention is needed or peacekeeping operation should be launched. There is still a problem going on the motives of intervention. Now, it is up to delegates of Legal committee to define the proper standards of intervention and peace keeping.

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Study Guide: Legal Committee

RELEVANT UN ACTIONS
United Nations Security Council Resolution 1970 (adopted 26 February 2011) This resolution was a measure designed to condemn the use of force by Muammar Gaddafi and his regime against Libyan protestors. The resolution called for international sanctions in response to these violations. United Nations Security Council Resolution 1973(adopted by a vote of 10 in favor, 0 against, and 5Abstentions on 17 March 2011) This resolution illustrates the potential active capabilities of the United Nations, demanding an immediate ceasefire in Libya, including an end to the current attacks against civilians, which it said might constitute crimes against humanity The resolution is particularly interesting because it underscores the potential for military measures in the wake of humanitarian abuses. The vague terms of the resolution reflect the inevitable political process that characterizes any process in the Security Council. The most significant component of this resolution is an enactment of a no-fly zone over Libya: the Security Council this evening imposed a ban on all flights in the countrys airspace a no-fly zone and tightened sanctions on the Gadhafi regime and its supporters United Nations Security Council Resolution 2043(Unanimously adopted 21 April 2012) This resolution established the United Nations Supervision Mission that would observe the implementation of the Kofi Annan peace plan for Syria. This form of intervention was designed to monitor the implementation of a legitimate framework for Peace.

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Study Guide: Legal Committee

PROPOSED SOLUTIONS
First, delegates must decide upon a proper standard according to current situation in crisis countries. There must be a fair line made differentiating intervention for humanitarian violence and violating national sovereignty. The delegates must find measures to improve standard of peace keeping forces with special respect to Brahimi Report. UN plays a major role so mobilizing UN officials in for maintaining legal standards for intervention to prevent any humanitarian violence

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Study Guide: Legal Committee

QUESTIONS A RESOLUTION MUST ANSWER

What are the current standards of international intervention? What legal standards should be put in place to assess the necessity and applicability of outside intervention in internal affairs? What rubric can be used to consider national sovereignty against regional stability and humanitarian interests? What standards should be used to calculate the severity of humanitarian violations? Which benchmarks should be employed to prescribe the form and manner of the intervention? What should the UNs role be in facilitating such intervention? What standards should regulate the deployment and use of United Nations Peacekeepers?

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Study Guide: Legal Committee

SUGGESTIONS FOR FURTHER RESEARCH

Here are some sites, which we personally suggest, as we think it will be useful to you. Do not limit yourself to these sites delegates, expand your horizons and be well-prepared for any situation that might arise during the course of the committee sessions. Aderson, Lisa. Foreign Affairs. Demystifying the Arab Spring http://www.foreignaffairs.com/articles/67693/lisa-anderson/demystifying-thearabspring Al Jazeera. Kofi Annans six-point plan for Syria. http://www.aljazeera.com/news/middleeast/2012/03/2012327153111767387.html The Atlantic. Bystanders to Genocide. http://www.theatlantic.com/magazine/archive/2001/09/bystanders-to-genocide/304571/ Responsibility to Protect. International Coalition for the Responsibility to Protect. http://www.responsibilitytoprotect.org/ United Nations. 60 Years of United Nations Peacekeeping. http://www.un.org/events/peacekeeping60/60years.shtml

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Study Guide: Legal Committee

POSITION PAPER FORMAT

Committee: Legal Committee Country: Delegate: Topic: Introduction to the Topic In your countrys view, what are the main elements of the problem? What are the roots of these problems and give a brief history concerning the topic and committee?

Current Situation What are your national interests in the situation and briefly explain the stance on the topic? What is your country doing to support or condemn the topic? What past resolutions or treaties have the country supported regarding the topic?

Solution What does your nation believe needs to be done to solve the problem? What would your country want to be included in the committees resolution?

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Study Guide: Legal Committee

CLOSING REMARKS
Though the study guide covers a lot of topics, it has been done in a summarized level only. Therefore, complete dependency on the study guide is not recommended at all. We have tried hard to make the study guide as informative as possible but we highly recommend the delegates to conduct their own comprehensive research. This is because independent research will allow delegates to become specific, allowing them to know their country and policies better. We are pleased to host the Legal committee for the first time in RBS MUN. We are very excited at the prospect of leading you guys in the committee. We hope that you have a good time and that you enjoy, make friends and learn new things along the way. We need not pause to say how delighted we are to be hosting our committee this year.

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Study Guide: Legal Committee

REFERENCES
http://www.un.org/en/ga/sixth/ https://www.cia.gov/library/publications/the-world-factbook/ http://www.un.org/en/documents/udhr/ http://worldmun.org/page/Legal http://www.un.org/en/ga/sixth/ http://www.un.org/documents/resga.htm http://www.un.org/en/peacekeeping/operations/current.shtml http://www.un.org/en/peacekeeping/

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Study Guide: Legal Committee