UN Legal Committee

Dear Delegates, My name is Mitch Hernandez and I, along with a yet to be named co-chair, will be chairing your committee in the 2007 SCVMUN sessions. I look forward to this experience and hope to talk with many of you over the committee weekend, but if I don’t a small introduction of myself in necessary. Last year at Santa Teresa was my first and last year as a MUN delegate, and I am now currently attending DeAnza College. MUN was a great experience and I cannot say enough great things about it, but for the purpose of being to the point I will say that a club such as this should be a mandatory class for all students. It does a beautiful job of showing one the workings, or lack there of, of our world. I also happened to meet my girlfriend of nearly a year during a Berkley conference of this club so I suppose you can say that I am quite partial to it for other reasons. For monetary purposes I am employed by Starbucks, and amongst the small joys of this job are getting to talk about the many negative qualities of my customers with my co- workers…good times. You may find that I am somewhat of an ***, though you may also find I am quite enjoyable to be around and have what I like to describe as a ‘lively personality’.

-Mitch Hernandez

Topic 1: Responsibility of States for Internationally Wrongful Acts

Background Throughout history states have been transgressors in times of both peace and war whether it is for reasons of a religious, political, or economic nature. Documents attempting to mandate the guidelines as to how warring should conduct themselves in war date back many years with the Geneva Conventions being one of the first significant pieces widely obeyed, or at least signed by, by 194 nations as of June 2006. This is but a small piece of the problem, however, as questions abound as to who has the power to enforce such mandates, with powerful nations often signing onto International norms but then breaking them with little regard. States that are wronged by other states that are major players in the global scene frequently have no where to turn to prosecute the aggressor, or at a minimum have their damages compensated. Such bodies as the International Court of Justice only prove useful once those being prosecuted are no longer in power or protected by those in power. Indeed it may be impossible to hold States responsible for violation of respect of sovereignty if they are not willing to accept an international jurisdiction, though past action has been taken at the UN General Assembly to address the issue with the passage of resolution 57/14 which “Appreciates the near universal acceptance of the Geneva Conventions of 1949” along with its two additional protocols added in 1977. In short while the resolution does not discuss possible punishment for those not upholding the Conventions and protocols it does praise those who do and calls on those who have not signed on to do so. Questions to ask in position writing and committee:

1. Is the current system of international law simply that of powerful states acting as enforcers to the developing world? 2. Has your nation committed acts that may be considered, or are, internationally unlawful under The Geneva Conventions? 3. If yes, what is your countries’ response to its own violations of international law? 4. What are possible ways to see a broader acceptance and following of International norms?

Points to remember:

1. Be sure to keep your proposed resolutions under the guidelines of the Legal committee’s framework. Although sending troops here or there may sound like a good idea, it may not be a legal one. 2. Try your best to stay on country policy, and defend it and stay to it until the end!

Works Cited/ Sources: http://en.wikipedia.org/wiki/Geneva_convention http://daccessdds.un.org/doc/UNDOC/GEN/N04/619/67/PDF/N0461967.pdf? OpenElement http://daccessdds.un.org/doc/UNDOC/GEN/N04/600/77/PDF/N0460077.pdf? OpenElement

Topic 2: UN Peacekeeper Accountability

Background: As the role of UN peace keepers continues to be necessary around the globe, along with it so do the violations of those same peacekeepers in the countries that they are supposed to be keeping the peace in. Accusations of sexual abuse and unprovoked assault upon unarmed citizens have been pinned to UN peacekeeping missions in Bosnia, The Democratic Republic of Congo and Haiti. Recent UN action includes the implementation of a “zero tolerance policy” by the secretariat which means “zero complacency in the face of credible allegations and zero impunity where an allegation is substantiated”. During 2004-05, the UN's Office of Investigation and Oversight Services completed more than 220 investigations, resulting in the dismissal of several civilian staff and the repatriation of scores of military personnel, however once returned home these personal are not always tried with those who are being accused of having lesser punishment doled out to them. Nations in the peacekeepers have committed their crimes and abuses have expressed their desire to be able to try them on their soil with the nation from which the peacekeeper resides obviously requesting the opposite. Other parts of the problem include setting new standards for peacekeepers and this has been partially addressed in 2003 by the Secretary- General’s bulletin: Special measures for the protection from sexual exploitation and abuse. The bulletin calls for responsibility of trial from the nations contributing peacekeepers well allegations are well founded along with “commend(ing) or otherwise acknowledge(ing) contingent commanders who cooperate with investigations involving members of their contingents”.

Questions to consider:

1. Are you representing a troop contributing nation? 2. Has your nation been affected by peacekeeper abuses? 3. What does your nation believe as to the most just methods of trying peacekeepers?

Points to remember:

1. Again, make sure your solutions are legal ones

Works Cited/ Sources: http://www.peacewomen.org/resources/Peacekeeping/modelMOU.html http://www.un.org/Depts/dpko/dpko/faq/q15.htm http://www.un.org/Depts/dpko/factsheet.pdf http://www.refugeesinternational.org/content/article/detail/4146? PHPSESSID=8cd9d5b0df1ae0bbae8d3ddf647ec715