Draft Resolution for Committee Consideration and Recommendation

Transcription

1 Draft Resolution for Committee Consideration and Recommendation Committee A : Civil War and Genocide Draft Resolution Submitted for revision by the delegations to the Model United Nations, College of Charleston, 2012 The General Assembly; Reminding Member States that Article 1, Section 3 of the United Nations Charter states that a primary purpose of this organization is to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian nature, and in prompting and encouraging respect for human rights and for fundamental freedoms for all without distraction as to race, sex, language, or religion, Recalling Resolution 96/1948 classifying genocide an international crime, Reminding all nations that Resolution 260/1948 places primary responsibility for preventing and stopping genocide with the State in which the crimes are committed, Having adopted the Convention on the Prevention and Punishment of the Crime of Genocide Article 2 definition of genocide to mean any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: (a) killing members of the group, (b) causing serious bodily or mental harm to members of the group, (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, (d) importing measures intended to prevent births within the group, (e) forcibly transferring children of the group to another group., Further Believing the Article 3 of the Convention on the Prevention and Punishment of the Crime of Genocide which states the following acts shall be punishable: (a) genocide, (b) conspiracy to commit genocide, (c) direct and public incitement to commit genocide, (d) attempt to commit genocide, and (e) complicity in genocide., Noting further Article 8 of the Convention on the Prevention and Punishment of the Crime of Genocide states Any Contracting Party may call upon the competent organs of the United Nations to take such action as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in Article 3, Bearing in Mind the International Criminal Court (ICC) is empowered by the 2002 Rome Statue to investigate and prosecute those most responsible for genocide when the State is unwilling or unable to do so,

2 Recalling predecessors of the ICC, the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY), Noting with Approval the role these tribunals played in prosecuting the horrific crimes against humanity in Yugoslavia and Rwanda, Approving of the cooperation between the UN and the Cambodian government to establish the Extraordinary Chambers in the Court of Cambodia to prosecute those accused of genocide, war crimes, and crimes against humanity during the Khmer Rouge s reign, Welcoming the 1998 ruling of the ICTR against former mayor Jean Paul Akayesu, which labels rape as a form of genocide if it is committed with the intent to destroy a particular group, Noting with approval Secretary-General Ban-Ki Moon s Five Point Action Plan for Preventing Genocide, Recognizing that armed conflict provides context for genocide, Deeply conscious of the growing role of the United Nations in ongoing conflicts, Noting with great sadness the rise in ethnic and intrastate conflicts in recent years, Bearing in mind that intervention through any number of means by the United Nations and its organs is aimed at peaceful conflict resolution with the intention of creating peaceful post conflict environment that is sustainable, Cognizant that the United Nations Security Council is empowered by Chapter VII of the United Nations Charter to utilize economic, diplomatic, and armed measures to halt and dissolve threats to international peace and security, Emphasizing the responsibility of the State to prevent and end conflict within their sovereign borders, Recalling Security Council resolution 1366 which acknowledges the important role of the United Nations and regional bodies in protecting individuals from violent conflict, Further Recalling S/RES/1366 and S/RES/1625 in their emphasis on the use of structural measures to create durable peace and security, Welcoming efforts such as the Millennium Development Goals and the efforts of United Nations Development Programme to create communities that are conducive to peace by reducing poverty, improving women s rights, improving education, etc., Believing States possess the right to use any peaceful means necessary for the removal and prevention of disputes,

3 Deeply convinced that strengthening cooperation between the United Nations, its organs, and the States will enhance the effectiveness of all efforts to maintain international peace and security, Recognizing the right of self- determination for all people, Remembering with great sadness the success the UN observation mission to ensure free and fair elections in Angola negation by the renewal of civil war, Keeping in mind Article 99 of the Charter of the United Nations empowers the Secretary-General to bring any matter which in his opinion may threaten the maintenance of international peace and security, Expressing its satisfaction with the role that United Nations bodies have taken in civilian administration and security in post conflict areas, Noting with appreciation NATO s role in preventing and peacekeeping in intrastate conflicts, particularly in Libya and the former Republic of Yugoslavia, Concerned that NATO represents only a few regions and States yet is a key armed force in protecting international peace and security, Recognizing that natural disasters, economic conditions, and armed conflict cause refugee situations, Affirming the 1951 Convention Relating to the Status of Refugees definition of a refugees as a person who is outside his or her country of nationality or habitual residence; has a well-founded fear of being persecuted because of his or her race, religion, nationality, membership of a particular social group or political opinion; and is unable or unwilling to avail him or herself of the protection of that country, or to return there, for fear of persecutions, Further Recalling the principle of non-refoulment states in Article 33 which prevents a State from returning a refugee to a country where there is a serious threat to the life or freedom of the person, Emphasizing the rights of refugees outlined in the 1951 Convention including but not limited to: right to not be prosecuted for illegal entry into a contracting State (Article 31), right to work (Article 17 to 19), right to education (Article 22), right to be issued documentation for identification and travel purposes (Article 27 & 28), right to access courts (Article 16), right to public relief and assistance (Article 23), right to housing (Article 21), Guided By Article 14 of the Universal Declaration of Human Rights stating (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations, Reaffirming the commitment of the UN and its member states to protect refugees as stated in the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status

4 of Refugees, Viewing with Appreciation Resolution 319/1951 s creation of the UN High Commissioner for Refugees with the primary purpose of protecting the rights and well-being of refugees, Applauding the efforts of the UN High Commissioner for Refugees extensive efforts in protecting refugees and providing support and solution to refugee problems worldwide, Commending the Inter-Agency Standing Committee (IASC) for their coordination of humanitarian assistance that has proven to be integral in the success of refugee efforts, Understanding the political, social, cultural, and economic toll of hosting refugees, Keeping in mind the country of first asylum principle, demonstrated in 1995 by the Tanzanian closing of Burundi borders to Rwandan refugees, Noting with appreciation States that have taken an open-door policy to refugees including Afghanistan, Tanzania, and Pakistan, Deeply Regretting Resolution 819/1993 enacting a safe haven in Srebrenica without sufficient forces to protect this safe haven leading to mass murder, Expressing grave concern at the escalation of violence in the Syrian Arab Republic, Alarmed by the high death toll of both civilians and military personnel, Concerned by the report by the independent international commission of inquiry on the Syrian Arab Republic that states the human rights situation in the Syrian Arab Republic has significantly deteriorated since November 2011 causing widespread violence and an increasingly unstable socioeconomic condition which places many communities in a precarious position, Further Noting the escalation of violence within the Syrian Arab Republic poses a threat to regional stability, Believing that political transition provides the best opportunity for resolving the situation in the Syrian Arab Republic, Reaffirming its support for the Joint Special Envoy of the United Nations and the League of Arab States, Echoing with grave concern Joint Special Envoy of the United Nations and the League of Arab States grim assessment of the situation in Syrian Arab Republic stating "There is a stalemate; there is no prospect for today or tomorrow to move forward,"

5 Further approving of the diplomatic efforts of the Secretary-General to reach a peaceful political solution to the crisis, Welcoming the cooperation between the United Nations and regional organizations in maintaining peace and security, Reaffirming the role of regional and subregional organizations in maintaining peace and security as set out in Chapter VIII of the Charter of the United Nations, Further welcoming all relevant resolutions from the League of Arab States, Concerned by the Syrian Arab Republic s inability to protect its own population, Fearing the mass exodus of the population to bordering states will further create violence and instability, Having studied the report of the Secretary-General on children and armed conflict, which notes violations against children in the Syrian Arab Republic including cases in which children were victims of: military operations led by the government, detention, torture, sexual violence, and used as human shields this body has become gravely concerned for the situation of children in the Syrian Arab Republic, Expressing Concern for women during armed conflict, who are subjected to abuse, discrimination, and detention, Recalling Security Council Resolution 1325 (2000) framework outlining the responsibility of the State to provide special protection to women and girls during armed conflict, Emphasizing the importance of maintaining the Syrian Arab Republic s sovereignty and political integrity, Reaffirming that all States Members of the United Nations shall refrain from the threat or use of force against the territorial integrity or political independence of any State, Convinced the adoption of this resolution will provide the framework necessary to resolve intrastate conflict that threatens to undermine international peace and security, Therefore this committee: 1. Condemns Syria for its use of brutal tactics during attempts to suppress its population; 2. Demands the immediate and complete cessation of all attacks of violence against the Syrian civilians;

6 3. Strongly reiterates the demands of the General Assembly and the Arab League for the Syrian government to fulfill its commitments and cooperate in the roadmap for peaceful resolution in Syrian crisis; 4. Reaffirms its belief that the Syrian government must engage the whole spectrum of the Syrian Opposition Movement in a Syrian-led peaceful political transition; 5. Endorses the inclusion of all sectors of society, particularly minorities, in political transition; 6. Invites all parties involved in Syrian-led political transition to look to the transition model set by Lebanon post intrastate conflict, a model that included many parties of society and ensured their role in the transition and in the new governmental structure; 7. Condemns the closing of Turkish borders to Syrian refugees; 8. Deplores Turkish actions in the 1991 closing of Turkish borders to Iraqi Kurds, which resulted in the death of 1,500 refugees; 9. Strongly Condemns the closing of borders to refugees due to ethnic-national concerns, particularly in the 1999 closing of Macedonian borders to Kosovo and the 1991 closing of Turkish borders to Iraqi Kurds; 10. Requests that the country of first asylum principle be formally adopted into the Convention Relating to the Status of Refugees; 11. Recommends the policy of non-refoulement be stricken from the Convention Relating to the Status of Refugees due to the strain it places on host countries; 12. Further Recommends that no Member State close its borders to refugees; 13. Recommends Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide be amended to include rape with the intent to destroy a particular group as a form of genocide in accordance with the ICTR s 1998 ruling; 14. Requests that the practice of establishing safe havens within a State torn apart by civil war and genocide be ended; 15. Reaffirms the UN and its member States commitment to protecting refugees; 16. Endorses Secretary General Ban Ki-Moon s Five Point Action Plan for Preventing Genocide; 17. Expresses its appreciation to Lebanon, Jordan, and Iraq for their commitment to protecting refugees;

7 18. Condemns Russia's decision to continue to fund the Syrian military; 19. Expressing its conviction that crimes against humanity, regardless of a State s sovereignty, threaten all Member States; 20. Recommends a conference of Member States in order to set conditions for intervention in intrastate conflicts and guidelines of armed and non-armed intervention, henceforth known as the Convention Relating to Intrastate Conflicts; 21. Further Proclaims the Convention Relating to Intrastate Conflict set conditions for intervention in intrastate conflicts based primarily on maintaining international peace and security as well as protecting human rights; 22. Decides to establish the Office of the High Commissioner on Ethnic and Intrastate Conflict (OHCEIC) as of January 1, 2013 to execute the functions enumerated within the present resolution and other such functions as the General Assembly from time to time confer upon: (a) Conflicts within sovereign States territory and conflicts resulting from ethnic tensions falls under the patronage of the OHCEIC (b)this office is responsible for the coordinator of various UN, governmental, and non-governmental organizations roles in ethnic and intrastate conflict (c )The High Commissioner will partner with relevant organizational and governmental bodies to ensure peaceful societal and governmental transitions in a post- conflict environment (d)the High Commissioner will be responsible for enforcing the Convention Relating to Intrastate Conflict as well as any and all previous or subsequent resolutions or conventions relevant to their ascribed domain (e)the High Commissioner will annually report on his/her work to the General Assembly (f)the High Commissioner shall be elected every four years on the nomination of the Secretary-General (g)the Office of the High Commissioner will be located in Geneva; 23. Authorizes expenditures of this office will be borne by the budget of the United Nations; 24. Expressing the hope that the OHCEIC will help to prevent and stop intrastate and ethnic conflicts; 25. Reiterates concerns about the international representation of NATO and its increasing role as an international peacekeeping armed force; 26. Further Requests Member States create a standing force under the United Nations High Commissioner on Ethnic and Intrastate Conflict to be utilized when States drastically fail

8 to protect their populations from egregious human rights violations and threat international peace and security to be authorized by a three-fourths vote of the General Assembly; 27. Calls upon Member States to contribute funds, weaponry, and personnel to this international coalition; 28. Endorses collective security, or the understanding of states within this international organization that the security of one State is the concern of all States, over cooperative security, in which Member States engage in cooperative diplomatic, economic, and sometimes military means to address threats to their security and welfare, when deciding on intrastate conflict matters; 29. Instructs the Joint Special Envoy of the United Nations and the League of Arab States to work with the UN High Commissioner on Ethnic and Intrastate Conflict to create a peaceful political transition programme for the Syrian Arab Republic; 30. Decides to remain actively seized of the matters in this resolution.

9 Preparing to Represent Your Country on the United Nations Committee A Resolution, Civil War and Genocide Before you can make amendments to the draft resolution on issues particularly relevant to Civil war and genocide, you must know what your country has done, is currently doing, or has not done in respect to addressing these issues. Helpful questions to be asked in researching and determining your country s position on this key issue include: 1. What was your country position on the following resolutions and conventions? Did they vote in favor or against them? Were there any reservations by your country when signing these conventions? a) Resolutions 96/1948; 260/1948; SC 1366; SC 1325(2000) b) Convention on the Prevention and Punishment of the Crime of Genocide c) 1951 Convention Relating to the Status of Refugees d) 1967 Convention Relating to the Status of Refugees e) Universal Declaration of Human Rights f) International Criminal Court 2. How has your country dealt with refugees in the past? What is your country s position on the first asylum principle? What is your country s position on the policy of non- refoulement? 3. What policies has your country enacted about rebel groups and protest movements? 4. Does your country commit troops, funding, and/or weaponry to any international or regional organizations forces? 5. What regional and subregional organizations is your country involved with? Do these organizations have a standing force? How do these organizations address intrastate conflicts? 6. How has your country dealt with the UN s role in intrastate affairs? Have they supported military intervention in intrastate conflict before (i.e Libya and Yugoslavian)? 7. What is your country s position on Secretary General Ban Ki- Moon s Five Point Plan? 8. What is your country s position on the current Syria crisis? Possible Website (by no means exhaustive) bin/texis/vtx/home (U.N. refugee agency) (refugees in Africa) (water refugees) (the road to refuge)

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