Study Guide - Legal.pdf

7/22/2019 Study Guide - Legal.pdf

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GENERAL ASSEMBLY 6: LEGAL

COMMITTEE

RBSMUN 2013

STUDY GUIDE

Chair: Pawan Acharya

Vice Chair: Saurav Sharma

Moderator: Smriti Pandey

RBSMUN

2013

Rato Bangala School Model United Nations 2013


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2 Study Guide:Legal Committee

CONTENTSINTRODUCTION ....................................................................................................................... 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


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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.


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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.


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TOPIC 1: BRINGING GOVERNMENTS TO

JUSTICE

STATEMENT OF THE PROBLEMBringing 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 andviolation 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.


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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.


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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 suitableresolutions.


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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 theproblem 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 Bosniafor 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.


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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 thegovernment


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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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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 evaluatethe 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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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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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.
http://unama.unmissions.org/http://www.un.org/en/peacekeeping/about/http://www.un.org/en/peacekeeping/about/http://unama.unmissions.org/


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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 mightconstitute 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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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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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 regulatethe deployment and use of United Nations Peacekeepers?


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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-thearab-

spring

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
http://www.foreignaffairs.com/articles/67693/lisa-anderson/demystifying-thearab-%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20springhttp://www.foreignaffairs.com/articles/67693/lisa-anderson/demystifying-thearab-%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20springhttp://www.aljazeera.com/news/middleeast/2012/03/2012327153111767387.htmlhttp://www.theatlantic.com/magazine/archive/2001/09/bystanders-to-genocide/304571/http://www.responsibilitytoprotect.org/http://www.un.org/events/peacekeeping60/60years.shtmlhttp://www.un.org/events/peacekeeping60/60years.shtmlhttp://www.un.org/events/peacekeeping60/60years.shtmlhttp://www.responsibilitytoprotect.org/http://www.theatlantic.com/magazine/archive/2001/09/bystanders-to-genocide/304571/http://www.aljazeera.com/news/middleeast/2012/03/2012327153111767387.htmlhttp://www.foreignaffairs.com/articles/67693/lisa-anderson/demystifying-thearab-%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20springhttp://www.foreignaffairs.com/articles/67693/lisa-anderson/demystifying-thearab-%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20%20spring


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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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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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20 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/
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/Legalhttp://www.un.org/en/ga/sixth/http://www.un.org/documents/resga.htmhttp://www.un.org/en/peacekeeping/operations/current.shtmlhttp://www.un.org/en/peacekeeping/http://www.un.org/en/peacekeeping/http://www.un.org/en/peacekeeping/operations/current.shtmlhttp://www.un.org/documents/resga.htmhttp://www.un.org/en/ga/sixth/http://worldmun.org/page/Legalhttp://www.un.org/en/documents/udhr/https://www.cia.gov/library/publications/the-world-factbook/http://www.un.org/en/ga/sixth/

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