2017 LEGAL COMMITTEE BACKGROUND GUIDE

Transcription

1 2017 LEGAL COMMITTEE BACKGROUND GUIDE The University of Notre Dame Model United Nations Conference

2 Sixth Legal 1 Dear Delegates, Welcome to the first ever MUN conference here at the University of Notre Dame! The rest of the dais and I are excited to be working with you all on the Sixth (Legal) Committee this conference. Whether you are a veteran or this is your first conference, NDMUNC is sure to be a conference to remember! I look forward to helping all of you further develop your skills for Model UN and hope that this conference makes you more excited about the Model UN process. I am a junior here at Notre Dame and have been in Model UN since my sophomore year of high school. While preparation is vital for doing well at a Model UN conference, the most important aspect of succeeding in this year's Legal committee will be active participation. Even if this is your first conference or you still consider yourself a newer delegate, the only way to really improve your Model UN skills is by participating and really attempting to make your voice heard in committee. The Model UN preparation process can be confusing/intimidating, so please never hesitate to me your questions about position papers and the flow of committee. I look forward to meeting you all, and hope that this conference will be as enjoyable and fulfilling for you as the preparation process has been for me and the rest of the dais. Good Luck! -Louis A. Bertolotti, Sixth Legal Chair (lbertolo@nd.edu) -Liam Stewart, Sixth Legal Vice Chair (lstewar4@nd.edu) -Allison Towey, Sixth Legal Vice Chair (atowey@nd.edu) Note: While the attached background guide is a good starting point for information on the conference topics, further research is NECESSARY in order to be adequately prepared for debate. Delegates will be unlikely to win an award if their position papers are not turned in or written solely from information found in the background guide. Feel free to use the sources found in the works cited for ideas about appropriate research sites. Both of our topics are modern issues that continue to develop and change. Be sure to check current events for research alongside past events in relation to the topics. 1

3 Sixth Legal 2 Topic A: Capital Punishment Topic Overview Capital punishment, also known as the death penalty, has been in use by governments for centuries, dating back to the times of the Romans and Babylonians as a punishment for certain crimes. During the 18th century, Britain s use of the death sentence began to apply to more venial offenses such as stealing and cutting down certain trees. Fortunately, reforms were made from 1823 to 1837 within Britain, which lowered the amount of crimes punishable by death by over 100. The early 1900s marked a point where countries such as the United States started to seek more humane methods of executions such as lethal gas to counterbalance the heavily increased amount of people on death row after World War I. At this point, the death penalty continued being commonly used with minimal resistance until the progressive movement began to spread to the U.S. once more in the 1950s and 60s. It was around this time that the public overwhelmingly turned away from inhumane practices in light of the Civil Rights Movement along with the atrocities committed by the U.S government in Vietnam. The United States Supreme Court ruled that the Eighth amendment had an evolving level of decency that could potential make the death penalty illegal. Other western countries soon followed in their footsteps; in the 1960s, the EU developed a belief that capital punishment was an unnecessary evil and as of 1998, the European Union as a whole has become strictly against the death penalty. Despite technological and medical advances, many countries still use older methods for capital punishment. In general, nations reserve the right to execute criminals in cases involving heinous murders or treason, though in several countries lesser crimes warrant the ultimate punishment, such as in China and the Philippines, where criminals are sentenced for such transgressions as government bribery, drug related offences, and tax crimes. Currently, 101 nations have outlawed the use of the death penalty, 10 reserve the right to use it in times of war and 35 still have it in their legal statutes, though it has not been used for at least ten years within their borders. 22 nations continue to sentence and execute their citizens. In 2014, 2,466 people were sentenced to death across the world, and at least 607 people were actually executed. China led the pack with 2

4 Sixth Legal 3 around 2,400 people executed, followed by Iran with 289, Saudi Arabia with 90, and the United States with 35. It is thought that many government executions go unreported, so these figures may be artificially low. The United Nations Charter calls for the cessation of unnecessary death and affirms the UN s stance against cruel and unusual punishment. The first UN action to specifically address the issue of capital punishment was the Universal Declaration of Human Rights, which states that all people are born with the right to life, and capital punishment infringes on that right. Despite these documents, many UN member states still used the death penalty, which led the UN to produce the International Covenant on Civil and Political Rights in The Covenant again encouraged all nations to abolish the death penalty, but asked for countries that continue to use the death penalty to only use it for the most serious of crimes. With many nations continuing their use of capital punishment, the UN approved global moratoriums, or temporary prohibitions, on the use of the death penalty in 2007, 2008, 2010, and The UN High Commissioner of Human rights clearly defined the UN s goal as the universal ban of capital punishment. The main concern of the UN is that nations may enter into a de facto moratorium only until a crime is perpetrated that is deemed worthy of the death penalty. A universal ban would be legally binding which would prevent the return of capital punishment. Resolution A/RES/ 55/111 reiterates the UN s position on the gross violation of human rights that occurs when executions are preformed, especially those that are considered arbitrary or extrajudicial, or those involving minors. In the resolution, it is stated that the International Criminal Court should be involved in cases involving summary executions as defined by the Geneva Conventions. Resolution A/RES/35/95 calls on nations that execute the most to stop, and for nations that have stopped using it to not begin using it again. UN actions have not been successful in the past because of countries claim that national sovereignty gives them the right to utilized capital punishment, regardless of the human rights issues that may be involved. Also of note are UN Resolutions 62/149, 63/168, and 65/206. When searching for solutions, it is important to take your country's policy into account. Countries that oppose the death penalty, such as those in the European Union, should seek to collaborate with prominent pro abolitionist groups like Amnesty International (AI) or the World 3

5 Sixth Legal 4 Coalition Against the Death Penalty (WCADP), depending on the country's region. Those that still use the death penalty should instead look towards government legislations; if your country believes that capital punishment is necessary, then specify what crimes justify it or which regions need a harsher judicial system. Either way, you also have to consider the policies of other countries. Try to find solutions that originate from your region so that you can better blend your policy with others. Being a Legal committee, most solutions should outline what your country believes is the appropriate legislation for capital punishment, clearly defining every aspect of the issue. Bloc Positions Western Bloc An overwhelming majority of countries in the European Union are against the use of the death penalty and have abolished its use completely, going so far as to advocate a UN moratorium against it. The U.S., however, has shown a stark contrast in policy from their western allies, and the majority of its citizens are in favor of the continued use of the death penalty. Latin Bloc Several Latin American countries have abolished capital punishment while a few such as Brazil has restricted its use to only the most extreme crimes. Those nations that still legally allow the death penalty have not used it in many years. Broad public opinion supports a moratorium on the death penalty. African Bloc A majority of African countries have either abolished the death penalty or have not used it in over 10 years. Those that have used it, though, have taken it to severe extremes; following a massive political movement in Egypt, country officials ordered the death of over 600 citizens, and problematic areas like South Sudan and Somalia account for a majority of the bloc's executions due to their weak legislative systems. 4

6 Sixth Legal 5 Asian Bloc The ratio between countries that have abolished the death penalty and those that retain it is about half and half. However, when you look at population distribution, more than 90% of people in Asian live in a country that allows the death penalty. China is a strong defender of capital punishment. Questions to Consider 1. Does your country still actively use the death penalty? 2. What crimes does your country believe justify the death sentence, if any? 3. Has your country engaged in any UN discussions concerning capital punishment? 4. Is your country a signatory of any major UN resolutions that address the death penalty? 5. What can your country do to assure that transparency regarding capital punishment stays consistent among the international community? 6. Does the UN have the authority to implement policies regarding capital punishment? Helpful Sources Amnesty International o 5

7 Sixth Legal 6 Death Penalty Statistics, Country by Country o Death Penalty Information Center o Bureau of Justice Statistics o Capital Punishment (ACLU) o 6

8 Sixth Legal 7 Topic B: Governmental Corruption Topic Overview Ever since Eve first took a bite of the apple in the Garden of Eden, man has been imperfect. It is a part of our nature and reflected in our institutions. Thus, since the creation of government, there has been corruption. As time has passed and our societies have advanced, however, corruption has become more and more dangerous. The leaders of some countries around the world directly manage trillions of dollars, and indirectly manage trillions more. The potential for corruption is enormous in our modern world, and our protections against it continue to be extremely limited. Corruption varies across the world, but it may include bribery, extortion, cronyism, nepotism, parochialism, patronage, influence peddling, graft, and embezzlement. Oftentimes, corruption facilitates drug trafficking, money laundering, human trafficking, and more. Bribery alone is estimated to involve $1 trillion annually. Rules on corruption differ from country to country, so it is important to take into account local differences in any and all possible resolutions. In its resolution 55/61 of 4 December 2000, the General Assembly recognized that an effective international legal instrument against corruption, independent of the United Nations Convention against Transnational Organized Crime (resolution 55/25, annex I) was desirable and decided to establish an ad hoc committee for the negotiation of such an instrument in Vienna at the headquarters of the United Nations Office on Drugs and Crime. The text of the United Nations Convention against Corruption was negotiated during seven sessions of the Ad Hoc Committee for the Negotiation of the Convention against Corruption, held between 21 January 2002 and 1 October The Convention approved by the Ad Hoc Committee was adopted by the General Assembly by resolution 58/4 of 31 October The General Assembly, in its resolution 57/169 of 18 December 2002, accepted the offer of the Government of Mexico to host a highlevel political signing conference in Merida for the purpose of signing the United Nations Convention against Corruption. In accordance with article 68 (1) of resolution 58/4, the United Nations Convention against Corruption entered into force on 14 December A Conference of the States Parties is established to review implementation and facilitate activities required by 7

9 Sixth Legal 8 the Convention. When searching for solutions, it is important to take your country's policy into account. Countries that have low rates of corruption, such as those in the European Union, should seek to collaborate with prominent ant-corruption groups like Transparency International (TI). Those that have higher rates should instead look towards government legislations; if your country believes that corruption is necessary, then specify to what levels and what benefits it brings. Either way, you also have to consider the policies of other countries. Try to find solutions that originate from your region so that you can better blend your policy with others. Being a Legal committee, most solutions should outline what your country believes is the appropriate legislation for capital punishment, clearly defining every aspect of the issue. Bloc Positions All countries around the world claim to be in favor of reform to lessen the instance of corruption in government. Many of these same governments, however, are themselves corrupt, and therefore have a direct interest in ensuring that no strong action is taken against corruption. A map below shows countries around the globe and their perceived rates of public sector corruption. Generally speaking, the Western Bloc is seen as the least corrupt, while African and Asian countries tend to have serious problems with corruption. 8

10 Sixth Legal 9 Questions to Consider 1. Does your country regard corruption as a problem that needs to be addressed? 2. How prevalent is corruption in your country? What is your people s perceived sense of corruption? 3. Is your country a signatory of any major UN resolutions that address governmental corruption? 4. Does the UN have the authority to implement policies regarding governmental corruption? Helpful Sources United Nations Convention against Corruption o Transparency International o Anti-Corruption Research Network o 9

11 Sixth Legal 10 Works Cited African Arguments. African Arguments. N.p., n.d. Web. 25 Feb africanarguments.org/2014/10/09/how-the-death-penalty-in-africa-is-slowly-weakening-its-gripby-thomas- probert/ Amnesty International. Death Penalty N.p., n.d. Web. 25 Feb Ban Urges Countries to Abolish Death Penalty, Increase Transparency Surrounding Procedure. UN News Center. UN, Web. 25 Feb Council Of Europe. Death Penalty. N.p., n.d. Web. 25 Feb standardsetting/hrpolicy/others_issues/death_penalty/default_en.asp Capital Punishment. Bureau of Justice Statistics. Office of Justice, n.d. Web. 26 Feb Death Penalty Lessons From Asia. Death Penalty Lessons from Asia. N.p., n.d. Web 25 Feb japanfocus.org/-franklin_e_-zimring/3228/article.html European External Action Service. European Union. N.p., n.d. Web. 25 Feb human_rights/adp/index_en.html Fact Sheet. Death Penalty Information Center. N.p., n.d. Web. 26 Feb From The United Nations. From The United Nations. N.p., n.d. Web. 25 Feb Moratoria. Moratoria. N.p., n.d. Web. 25 Feb Part I: History Of the Death Penalty. Part I: History of the Death Penalty. N.p., n.d. Web. 25 Feb United Nations Convention against Corruption. UNODC. N.p., n.d. Web. 26 Feb