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truMp
04-26-2005, 08:00 PM
You can help me with ideas on my policy papers for my MUN conference. =) The three topics are listed below, I doubt I'll be assisted.


6th COMMITTEE
LEGAL

Introduction

Greetings to the future delegates of 6th Legal at the 2005 UCI MUN Conference! As your committee director, I am very pleased to be chairing 6th Legal, in which I have participated as a high school delegate several times, as well as a committee chair throughout my 6 years of MUN experience. The work of this committee is vital to the implementation of the legal framework on which the power of the United Nations lay. Therefore, I have chosen issues for the committee to address that not only evaluate the effectiveness of such a legal structure, but that have relevance to concerns beyond legal implications as they carry out significant impacts on the international community in other forms as well. You may email me at hkhaled@uci.edu if you have any questions. I look forward to working with you all in committee!
Heidi Khaled



















Terrorism - Constructing a Universal Definition

Background

Despite recent changes in its social perception as a problem, terrorism is actually a global issue that has concerned members of the international community for several decades now. Following the September 11th, 2001 terrorist attacks on the United States, the world experienced a sharp increase in public concern over terrorism, as media coverage emphasized the need for greater attention to terrorism and potential threats to national security. While terrorism is the new top priority concerning the international community, and countless forums, organizations, and resolutions have been made to coordinate its prevention and retribution, there are still many obstacles to be addressed regarding the basic legal framework needed for its eradication. Perhaps the greatest obstacle to constructing meaningful counter-terrorism measures is the lack of agreement on a universal definition of terrorism. Without a consensually agreed-upon definition, the apprehension and prosecution of suspected terrorists both within national and international jurisdiction remains a legally problematic issue. As with most other crimes, there must be a clear definition of the prohibited act in order to fairly and consistently determine who is in transgression of the law. If a concrete description of terrorism can be agreed upon, then the UN as well as its member states would have a widely recognized legal mandate for pursuing and trying suspected terrorists, which would be a monumental step in the combating of terrorism.


United Nations Involvement

Terrorism itself has been an issue on the international agenda ever since the establishment of the League of Nations. The United Nations has continued its work on addressing terrorism through 12 main anti-terrorist international conventions and protocols, such as Security Council Resolution 1373, which was created in response to September 11, 2001. The resolution established the Counter-Terrorism Committee (CTC) to monitor and increase state involvement in combating terrorism through compliance with related conventions and protocols. The Vienna Declaration, created in March 2004, reinforces this resolution and encourages states to further enhance their efforts against terrorism using domestic legislation and coordination with other anti-terrorist programs.
The first proposed international legal definition for terrorism was introduced in the League of Nations draft convention in 1937, which stated terrorism as “all criminal acts directed against a state and intended or calculated to create a state of terror in the minds of particular persons or a group of persons or the general public.” A similar definition of terrorism (excluding the words “against a state”) is also stated in General Assembly Resolution 51/210, titled “Measures to eliminate international terrorism.” The 1937 Convention never went into existence, however, and despite the use of language implied in UN resolutions, there is still no definition of terrorism legitimized by the consensus of UN member states.
Bloc Positions
Since this issue is highly politicized, state positions on constructing a universal definition of terrorism will vary greatly, even within regional blocs sharing the same stance on terrorism. Many Western and European states have made large financial contributions to conventions strengthening the legal regime against terrorism, while organizations including the Central Asian Cooperation Organization, European Union, League of Arab States, North Atlantic Treaty Organization, South Asian Association for Regional Cooperation, and South-East European Cooperation Process have participated in recent Counter-Terrorism Committee protocols and Vienna Declaration.

Matters to be Addressed

Since the concept of terrorism has been conceived, there is no consensus of what constitutes terrorism, largely due to social, political, and cultural differences between nations. What one individual sees as a terrorist, for example, might be a martyr to a person of a different culture or with different political beliefs. The lack of a legal definition for terrorism even has significant implications for all citizens. State governments make their own laws, and therefore have the power to exclude themselves from their own definitions of terrorism. Therefore, the committee should work to formulate a definition that is distinct, objective, and universally applicable, while avoiding targeting specific groups or motivations.


Resources
UN Office on Drugs and Crime www.unodc.org
General Assembly Resolution 51/210
Security Council Resolution 1373
















The Impact of Sanctions on Third World Nations

Background
Sanctions have been used by the United Nations as a means to economically pressure state governments to cease actions or policies found in violation of the UN Charter. Sanctions are implemented by directly reducing the amount of goods imported and exported through a nation, such as medicines, food, agriculture supplies, industrial supplies, fuel, educational materials, and water purification supplies. The adverse effects of economic sanctions on civilian populations and third parties, particularly within third world nations, is a deep concern to many who find such embargos in violation of basic human rights principles of the United Nations Charter. Critics of sanctions claim that they have multiple short-term and long-term effects on nations, including deterioration in health status, diseases and epidemics, loss of food security, decline in economic activity and revenue, increased poverty, and detrimental impact to democracy. Sanctions are also criticized for being ineffective, as they target civilian infrastructure rather than actual government policy and fail to accomplish distinct and specific objectives. Most sanctions imposed by the UN Security Council have been directed at third world nations, including Iraq, Afghanistan, Sierra Leone, Libya, Sudan, Haiti, and Liberia; among those administered sanctions from the Security Council, about 70% are African nations. The longest and most severe sanctions were imposed on Iraq and lasted for 12 years. The authoritarian regime in Iraq led by Saddam Hussein had total control of the nation’s resources, and therefore forced its civilians to carry much of the burden caused by the sanctions. The sanctions have resulted in a great decline in quality of life and health, availability of public services, and opportunity for sustainable development, and a death toll of over 1 million people, with one-quarter to half of them being children. Most third world nations suffering from sanctions are already plagued with obstacles to equitable development, and therefore require additional assistance in the distribution of resources, rather than the deprivation of them.

United Nations Involvement
In its Millennium Declaration, adopted by the General Assembly, the U.N. states its determination to “support all efforts to uphold the sovereign equality of all States, respect for their territorial integrity and political independence, resolution of disputes by peaceful means and in conformity with the principles of justice and international law…non interference in the internal affairs of states, [and] respect for human rights and fundamental freedoms.” The resolution also determines to “minimize adverse effects of UN economic sanctions on innocent populations, to subject such sanctions regimes to regular reviews and to eliminate the adverse effects of sanctions on third parties.”
UN bodies and organizations have been dedicated to examining the effects of sanctions on third world nations imposed by the UN Security Council. UNICEF, which has been among the most active of these organizations, published a comprehensive independent report by a consultant in 1998 on the impact of sanctions on nations. The report cited the specific direct, short-term, and long-term negative effects of sanctions on nations. A 1999 UNICEF study also showed that in government controlled areas of Iraq, child mortality had increased, while child mortality rates have actually decreased in autonomous regions, and that child deaths have doubled in the last ten years. Since the use of UN sanctions has been attacked by organizations of the United Nations itself, some member states have proposed the creation of a special U.N. Panel to carry out a comprehensive study on U.N. sanctions and their impact on innocent civilians.


Bloc Positions

Many nations in the Latin American, African, Asian and Middle Eastern blocs have been greatly affected by the imposition of sanctions, which have served as an impenetrable barrier to growth and development. Many states in these blocs would support the establishment of limited time frames for sanctions, and also the lifting of sanctions determined to no longer be effective or relevant to achieving any clear objective.
Nations in the Western bloc are much more divided on this issue. Russia, France, and the Czech Republic have been known to criticize the use of punitive sanctions and want sanctions lifted from third world nations. The United States and United Kingdom, however, support the use of sanctions as a political tool and have previously used their veto power to ensure that many nations remain under embargos, such as Libya and Sudan.

Matters to be Addressed
The effectiveness of sanctions, as well as their detrimental impact on civilians and nations, is to be primarily focused on from a legal perspective. Some critics, for example, argue that the use of sanctions is actually illegal under Geneva Protocol because it employs indiscriminate attack against civilians, and uses mass starvation as a technique of coercion. It is vital to address all relevant legal issues such as these when determining the effectiveness and legitimacy of sanctions.
The 6th Legal committee must examine the various effects of UN sanctions on third world nations and civilians, and establish legal standards and guidelines for evaluating whether they are legitimate, effective methods of coercing states to adhering to international codes of conduct.


Resources

The Impact of Sanctions: A Study of UNICEF's Perspective, Eric Hoskins, MD Consultant, UNICEF New York February 1998
General Assembly Resolution A/55/L.2
Global Policy Forum www.globalpolicy.org














International Democracy and Electoral Assistance

Background
Today, more and more nations are working towards democracy, as it becomes perceived by most as an empowering form of governance that best assures each of its citizens equal rights and liberties. The process of democratization, however, is very long and demanding, requiring assistance from other parties in matters such as facilitating elections and reducing the potential for corruption. In particular, developing nations pursuing democratic change and post-conflict nations looking to rebuild governance lack the resources and organizations needed to help ensure that democratic ideals are fully realized and practiced. Assistance from outside parties is vital in establishing and monitoring fair elections, ensuring that the elected leader has a limited mandate, that citizens have genuine alternative choices in electing a leader, that citizens have the opportunity to voice opposition, and that they have political rights and civil liberties.
There have been many concerns about the oversight and elimination of corruption in the U.S. administered elections held recently in Iraq in 2004, which before had never experienced a free election. The United Nations participated in the election planning by creating a voter registry, printing ballots, and training Iraqi poll workers, yet offered little of the resources and planning needed to ensure fairness of the election. There were also election concerns in Ukraine, where there was evidence of electoral fraud and a recount was implemented.
The United Nations, as an international non-partisan organization, should expand its work concerning democratization and electoral assistance, possibly through the creation of an additional organization that solely deals with such matters.



United Nations Involvement

The United Nations has been involved in electoral assistance to nations since its establishment in 1945. Since 1989, the U.N. has received over 140 requests for electoral assistance from member states seeking advice with technical, legal, administrative, and human rights issues in organizing and conducting elections. In resolution 46/137 of 1991, the General Assembly emphasized the significance of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and declared that “the international community should continue to give serious consideration to ways in which the United Nations can respond to the requests of Member States as they seek to promote and strengthen their electoral institutions and procedures.”
The U.N. has demonstrated its expertise in moving nations towards democracy in the first post-independence election in East Timor in 2001. Not all of its work with member nations in facilitating democratic processes has committed such resources and personnel as with East Timor. U.N. Security Council Resolution 1546, adopted in June 2004, requested that the United Nations assist and advise the Iraqi government in planning and holding Iraqi elections. In Iraq, the U.N. created a voter registry, printed millions of ballots, and helped train thousands of Iraqi poll workers, but officials claim that more resources and personnel should have been provided to promote free elections.


Bloc Positions

National policies regarding this issue are not dependant upon regional bloc, but rather the nation’s level of democracy and willingness to assist other nations in achieving democratic progress. Some regions, however, such as the Latin American and Middle Eastern blocs, may be more supportive of creating an organization solely dedicated to democratization and electoral assistance simply because they are most in need of assistance with achieving political stability.


Matters to be Addressed

Some questions to consider:
- What are the current international legal standards concerning electoral assistance, and should they be changed?
- Is there currently an internationally- recognized organization handling democratic and electoral assistance, and what are its functions?
- Should the U.N. mandate regarding elections monitoring and conducting be expanded, and in what aspects?


Resources

United Nations University Press www.unu.edu
United Nations Electoral Assistance Division Office of Political Affairs
http://www.un.org/Depts/dpa/ead/ead-main-page.htm

bluemonq
04-26-2005, 10:35 PM
i wonder what it says about me if i actually read all of that. not too good with policy papers tho; i usually take an engineering approach to things =)