United Nations and the American Bar Association The American Bar Association s relationship with the United Nations is certainly neither a new nor limited development. As distinguished law professor and former Section of International Law and Practice Chair Louis Sohn notes, The American Bar Association played a key role in the creation of the United Nations, and over the last fifty years it has adopted numerous resolutions commenting on its work. ABA involvement with the United Nations began in 1943 when Reginald Herber Smith, a great ABA leader, arranged a series of conferences of leading lawyers and international law professors throughout the United States. These conferences resulted in the publication of a report entitled International Law of the Future, in Reports of the American Bar Association, volume 69 (1944). The report contained many provisions that would later be adopted in the Charter of the United Nations. 1 Today, the American Bar Association is committed to the advancement of the rule of law in the world through Goal VIII, and has, for this reason, taken an active role with regard to the UN. In October 1999, the American Bar Association, and the United Nations Development Programme (UNDP) jointly established a Legal Resource Unit (now called the International Legal Resource Center) within the ABA Section of International Law and Practice. The objective of the ABA/UNDP International Legal Resource Center (ILRC) is to provide a legal resource capability to service UNDP global governance programs and projects supporting legal reform and democratic institution building. The ILRC commenced operations on February 1, 2000, and stands ready to assist UNDP Country Offices to identify legal expertise. In addition, the ABA has adopted resolutions touching on any aspect of the UN from human rights and rule of law issues to developmental, poverty, and even environmental concerns. In 1995, the ABA established a Working Group on Improving the Effectiveness of the UN, which was responsible for five task forces, which were established to address five important international law issues. These issues are as follows: settlement of international disputes, with emphasis on the preparation by the United States of a draft declaration accepting the jurisdiction of the International Court of Justice. establishment of an International Criminal Court for punishment of individuals responsible for gross violations of international law. international protection of human rights, with emphasis on the strengthening of the Office of the UN High Commissioner for the Promotion and Protection of All Human Rights. arms control and disarmament, with emphasis on the nonproliferation of nuclear weapons and the banning of all nuclear test explosions. peacekeeping, with emphasis on the establishment of a standby military force composed of units from national military forces to be available on call by the Security Council under conditions carefully defined in agreements to be concluded pursuant to Article 43 of the United Nations Charter. UN Related Resolutions Adopted by the ABA Categorical Breakdown since 1975 (from The United Nations at 50, Appendix D) Category Frequency (1975-2009) Human Rights/Justice 35 International Economy 11 Health, Education, Labor 10 Peacekeeping 9 1 From the text of the ABA publication, The United Nations at 50: Proposals for Improving Its Effectiveness (1997), edited by John E. Noyes and published by the Section of International Law and Practice. 1
US/UN Relations 10 Environmental 6 Women/Minorities 6 There follows a brief summary of some of the most important Reports and Recommendations adopted by the ABA with regard to the UN. The Recommendations are not always in congruence with the policy of the U.S. Government, and often serve as an impetus for US action. The full text of these Reports and Recommendations as well as others during this time period can be found in the publication, The United Nations at 50, as well as the ABA Policy Procedures Handbook (Greenbook). 2009: Endorses paragraphs 138 and 139 of the World Summit Outcome Document of the 60 th session of the UN General Assembly (September 2005) concerning the Responsibility to Protect doctrine; and endorses the recommendations set forth in the report, Preventing Genocide: A Blueprint for U.S. Policymakers (December 2008), by the joint Genocide Prevention Task Force of the United States Holocaust Memorial Museum, the American Academy of Diplomacy, and the United States Institute of Peace. Urges the U.S. and other countries to renew their commitment to the principles of the Universal Declaration of Human Rights, on the occasion of the 60 th anniversary of the signing of the Universal Declaration of Human Rights (December 10, 1948 in Paris). 2008: Urges the U.S. Government to expand and broaden U.S. interaction with the International Criminal Court, including cooperation with the Court s investigations and proceedings; and calls on the U.S. Government to participate in all future sessions of the ICC s governing body, the Assembly of States Parties, and preparations for the Review Conference to be held in 2010. 2007: Urges the United States to sign and ratify the amended Article 1 and Protocol III, Protocol IV, and Protocol V of the United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects, which ban the use of incendiary weapons and blinding laser weapons, as well as set standards on marking, clearance, removal, and destruction of unexploded or abandoned mortar shells, grenades, artillery rounds, and bombs. 2006: Urges the United States Government to support the Darfur peace accord signed on May 5, 2006; and to support the work of the International Criminal Court in investigating and prosecuting the individuals responsible for crimes in Darfur, Sudan, the humanitarian work of the United Nations in Darfur, Sudan, the peacekeeping efforts of the African Union, and any eventual peacekeeping efforts of the United Nations in Darfur, Sudan. Supports multinational cooperation and consultation in the formulation of national laws and policies relating to migration and urges the United States government to enter into regional and international discussions and agreements governing the flow of workers. Urges the U.S. Government to become a signatory to the United Nations Convention on the Use of Electronic Communications in International Contracts. 2005: Supports the establishment of a UN Human Rights Council to replace the UN Human Rights Commission. Recommends that the Council give priority to fulfilling its mandate to protect and promote fundamental human rights. 2
Supports the prompt ratification of the United Nations Convention Against Corruption (UN Convention) by the United States, and by other members of the United Nations. 2004: Urges the federal government to implement HIV/AIDS-related initiatives in a manner consistent with international human rights law and science-based prevention, care, support and treatment objectives and endorses the UN Declaration of Commitment on HIV/AIDS, dated June 2001. Supports the creation of a UN Democracy Caucus within the UN framework to work towards the strengthening of democracy, human rights and the rule of law throughout the UN system. 2001: Urges Congress to enact legislation requiring the President to take specific actions inform Congress after receiving notice from the International Criminal Court Prosecutor that a U.S. national committed an act within the jurisdiction of the International Criminal Court and to take all reasonable steps to assure that the U.S. retains jurisdiction to investigate and/or prosecute the alleged act. Supports the U.S. ratification of the Council of Europe s Criminal Law Convention on Corruption, provided that a significant number of eligible states have demonstrated that they are prepared to accede to this agreement. Recommends U.S. ratification of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. Recommends that the U.S. Government accede to the Rome Statute of the International Criminal Court. 2000: Reaffirming ABA support for an effective UN, urging the U.S. to pay its outstanding dues to the UN and urging the U.S. to ratify specific treaties previously endorsed. Supporting UN adoption and U.S. ratification of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts and supporting UN adoption and US ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. 1999: Urges the U.S. Congress to provide adequate resources to enable U.S. trade agencies to: implement fully the requirements of U.S. trade laws; enforce vigorously the commitments made under international agreements to the U.S. by our trading partners to open their markets to our goods, services, investments, and intellectual property; and further a rule based world trading system through diligent negotiations and active participation in multilateral organizations. 1998: Recommends the establishment of a permanent International Criminal Court in order to prosecute and punish individuals who commit the most serious crimes under international law. 1997: Recommends that the U.S. and the UN work together to monitor compliance with the UN human rights treaties through appropriate committees. 1996: Recommends that the U.S. support the IMF and the World Bank. 3
Supports ratification by the U.S. of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and, in principle, supports the development of an option protocol to CEDAW providing for an individual right petition. Encourages governments, non-governmental organizations, the UN, and other international organizations to implement action items in the Platform for Action by the year 2000. Commends the UN and Member States for progress made at the Fourth World Conference on Women towards recognizing and advancing the human rights of women and girls; supports the Platform for Action s call for integration of a gender perspective into development assistance programs generally, and, in particular, supports such integration into law development programs; supports the Platform for Action s focus on the role of law in promoting equality and the exercise of human rights; and encourages the U.S. government to continue implementing commitments made in the Platform for Action. 1995: Recommends that the U.S. continue to give its strong support to the WHO. Endorses efforts to protect women s human rights through the adoption and enforcement of legal provisions for equality and equal protection under the law and supports ABA participation in the Fourth World Conference on Women in Beijing. Recommends that the U.S. continue to support the International Labour Organization (ILO). Urges the U.S. to rejoin UNESCO at the earliest possible time so as to take part in UNESCO s mandate to promote international cooperation through education, science, and culture. 1994: Recommends that the U.S. present a declaration recognizing the compulsory jurisdiction of the ICJ. Recommends that the U.S. take an active role in the establishment of an international criminal court. Recommends that the U.S. support the recently created post of UN High Commissioner for Human Rights and for other measures promoting enhanced effectiveness of UN efforts to promote human rights. Recommends that the U.S. take all possible steps to obtain the unconditional, indefinite extension of the Treaty on Non-Proliferation of Nuclear Weapons. 1993: Supports establishment of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia. 1992: Urges as a matter of highest priority that the U.S. pay in full its debts incurred to the UN. Recommends that the U.S. find solutions to the leg and practical issues identified in the reports of the Task Force on the International Criminal Court and the New York State Bar Association, with a view towards establishing the Court. Urges the U.S. Government and the UN Security Council to effect the investigation and possible prosecution and punishment of persons who have committed war crimes or crimes against humanity in Bosnia-Herzegovina, and resolves to offer ABA assistance to the U.S. Government and the UN to identify qualified lawyers, judges, and law professors who would be willing to work on such issues. 1991: Supports the Peace Plan for Cambodia prepared by the five permanent members of the UN Security Council, supports the establishment of a UN Transitional Authority for Cambodia, and urges certain further steps to promote the Cambodian peace process. 4
Condemns Iraq s invasion of Kuwait in violation of UN Article 2 (4) and condemns Iraq s failure to comply with UN Security Council resolutions, and condemns that the U.S. and other UN members use all necessary means to restore international peace and security in conformity with the UN charter. Supports in principle U.S. ratification of the UN Convention on the Rights of the Child. Urges the UN to adopt measures for the protection of the global environment and to develop and foster policies and long-term strategic plans for sustainable development. 1989: Supports the U.S. return to UNESCO. Calls for the U.S. to urge Iran to comply with the UN procedures for the resolution of alleged human rights violations and accept UN-delegation to investigate conditions in Iranian prisons. Urges the U.S. Government to negotiate series of treaties accepting the jurisdiction of the ICJ. Endorses the global strategy of the World Health Organization (WHO) for the worldwide prevention and control of AIDS. Urges the U.S. Government to instruct its representatives in multilateral development banks to urge their entities to support the establishment of human rights departments within them. 1988: Recommends U.S. acceptance of Montreal Protocol on Substances that Deplete the Ozone Layer. Urges the executive and legislative branches of the U.S. Government to take cooperative action so that payment will be made to the UN, including its specialized agencies, of all amounts assessed to the U.S. Condemns terrorist activities of the PLO and urges the U.S. to participate in arbitration proceedings pursued by the UN. Urges the U.S. Congress to enact legislation to implement the UN Convention on the Prevention and Punishment of the Crime of Genocide. 1987: Urges the U.S. Senate to give advice and consent to ratification of International Labor Organization Convention Concerning Tripartite Consultations to Promote Implementation of International Labor Standards. Calls for U.S. support for efforts by UN Secretary General to establish a standing office in the Secretariat to monitor situations that may become a threat to international peace and security and to give early warning of such situations. 1986: Urges the U.S. and other nations to bring about specific reforms in the UN Educational, Scientific, and Cultural Organizations (UNESCO), and supports U.S. participation in efforts to improve and rehabilitate UNESCO so that the U.S. may consider returning as a member. Urges the U.S. to accept the UN Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. 1985: Proposes principles relating to the nonproliferation of nuclear weapons and to enhancing the effectiveness of international safeguards concerning nuclear weapons. Urges the U.S. to present the UN proposals for the investigation of all serious reports of use of chemical or biological weapons in violation of the 1925 Geneva Protocol and of the 1972 Convention on the Prohibition of the Development, Production and of the Stockpiling of Bacteriological and Toxin Weapons and on Their Destruction, and to take other actions with respect to international law and treaty norms on chemical, biological, and toxin weapons. 5
1984: Favors U.S. measures leading the UN General Assembly to opt the principle that in all UN organs and specialized agencies, nations having a population of over 200 million would be automatically entitled to representation on an equal basis with various regional blocks. Favors U.S. acceptance of the Convention of the Elimination of All Forms of Discrimination Against Women, subject to specified reservations and a declaration. 1983: Supports changing the deep seabed mining regime of the UN Convention on the Law of the Sea to provide assured access and security of tenure for deep seabed miners. 1982: Urges U.S. approval of expansion of the advisory opinion jurisdiction of the ICH to include questions of international law referred by the national courts. 1981: Supports the adoption by the UN of the Convention on the Prevention and Punishment of Crimes Against International Protected Persons and the Convention Against the Taking of Hostages, and recommends a range of U.S. actions intended to deter and prevent acts of international terrorism. Supports U.S. acceptance of the UN Convention on Contracts for the International Sale of Goods, subject to one reservation. 1980: Supports the U.S. claim filed with the ICJ against Iran regarding hostages and welcomes the 1979 ICJ decision directing the release of U.S. hostages, and calls for measures designed to secure compliance with the ICJ decision. 1979: Favors U.S. acceptance of the International Covenant on Civil Rights and Political Rights and urges the Senate to give its advice and consent to ratification, subject to specified reservations, declaration, statement, and understandings. Opposes unilateral legislative restrictions on contributions to the World Bank and other international development banks that are inconsistent with their charters. 1978: Supports compliance with the human rights provisions of the Helsinki Agreement of 1975 and the UN Universal Declaration of Human Rights. Favors U.S. acceptance of the UN Convention on the Elimination of All Forms of Racial Discrimination and urges the Senate to give its advice and consent to ratification, subject to specified understandings, reservations, and declarations. 1976: Supports U.S. acceptance of the UN Convention on the Prevention and Punishment of the Crime of Genocide, with certain understandings and a declaration. Resolves that the ABA seek consultative status with the UN Economic and Social Council. Condemns 1975 UN General Assembly Resolution on Zionism. 1975: Supports U.S. efforts to uphold rights of all UN Member States to participate in activities of the UN General Assembly and UN specialized agencies, and endorses legal interpretation of UN Charter that 6
no Member State may be suspended or expelled without recommendation of the UN Security Council. Endorses the U.S. proposal to develop standard minimum rules for supervising offenders in community corrections programs. 1974: Urges that the U.S. try to insure that the UN General Assembly s proposed Charter on the Economic Rights and Duties of States include provisions in line with obligations of countries under international law, and the U.S. not support the Charter with said provisions. 1973: Supports authorizing U.S. funds to be contributed to the UN Environment Fund. Recommends positions for the U.S. with respect to seabed resources, fishery interests, environmental protection, navigation and transportation, settlement of oceans disputes, and scientific research for the Third UN Conference on the Law of the Sea. 1972: Reaffirms support for the UN and encourages the U.S. to support the UN to make it a more effective instrument of world peace. 1971: Recommends U.S. acceptance of the Vienna Convention on the Law of Treaties. 7