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Debating the Sokovia Accords

Five College Model United Nations Mach 6th-8th, 2020

Letter from the Director

Dear Delegates,

I am very excited to welcome you to the 13th annual Five College Model United Nations conference. My name is Emma Stoll, and I will be your Crisis Director for the committee devoted to Debating the Sokovia Accords. For introduction purposes, I am a sophomore at Mount Holyoke College who is originally from Hampden, Massachusetts. I have participated in Model UN for three years during high school, in which I was a part of the Legal Committee, Human Rights Council, and Security Council. I am currently majoring in Psychology with a minor in Sociology, but I have a depth of other interests that includes Art, Film, and International Relations. Outside of Model UN, I am passionate about comic books, musicals, and all types of music.

The concept for this crisis committee emerged due to details that had vexed me personally ever since watching : . The Sokovia Accords in this movie are the cinematic universe’s adaptation of the Registration Act, which was a comic premise about regulating enhanced individuals that originated in Uncanny X-Men #181. However, as an avid fan of the United Nations and it’s principles, I was annoyed that such an unjust and blatant violation of the Declaration of Human Rights could exist. The accords permit any and all enhanced individuals to be detained without trial, and subjected to a number of human rights violations which are justified under the pretense of ensuring security. This committee is set after the Sokovia accords have been introduced, with the intention of amending the articles before they are implemented. Throughout this simulation, this committee will be asked to create clarity and revisions, in a time when fear is being spread by increasing protests, discriminatory acts, and emerging coalitions devoted to hatred on both sides of the issue. I ask the members of this committee to create a more legal and humane document, that all sides can agree on in order to lessen tensions in this world. If you have any questions about the new information I have introduced into this conflict, feel free to email me at [email protected] and I will try to get back to you as soon as I can. I look forward to this years conference, as well as the great events that your secretariat has planned and I hope you all embrace the characters you are assigned. Good luck with your spring semester and I will see you all in March.

With Regards,

Emma Stoll Crisis Director Debating the Sokovia Accords Five College Model United Nations

Table of Contents I. Topic: The Issue of Enhanced Individuals A. History of the Conflict 1. The Accords and Other Relevant Doctrine B. Current Situation C. Questions a Solution Must Answer D. Conclusion E. Character List

A. History of the Conflict *This debate is set inside the universe of Captain America: Civil War, and while only that movie is necessary viewing material, it may be helpful for you to watch : Age of and all other MCU films pertaining to your specific character (If you have not already). Nothing past Captain America: Civil War is considered canon for this universe.

Battle of New York: There are multiple events that lead up to the creation of the accords. First, in 2012, the battle of New York lead to the formation of the Avengers against the . This was the first major threat that Earth had seen from an alien race, which was lead by of . Humanity realized they were not alone in the universe and the Avengers became necessary as Earths Mightiest Heroes and . The Avengers at this time consisted of , Captain America, Black Widow, , The , and . As the first high profile incident the Avengers are involved in, this was influential in the creation of the Sokovia Accords. This battle resulted in the of 74 bystanders and cost New York

City over 18.8 billion dollars in damages1.

Fall of : This was the first public battle between and SHIELD which occurred in Washington DC in 2014. Terrorist group Hydra was discovered as an active entity inside of SHIELD, which caused Captain America, Black Widow, and had to mount an attack against the HYDRA agents. After the battle was over, there was $2.8 billion dollars in damages that had to be rebuilt and 23 civilian deaths2. This is another instance cited by Thaddeus Ross in forming the Sokovia Accords.

Battle of Sokovia: This battle began when Tony Stark created an artificial intelligence program named Ultron in 2015. He created Ultron to act as a protective shield around Earth in the case of another attack from alien entities. After Ultron killed Jarvis and revealed his plans to wipe out humanity, the

Avengers attempted to stop his reign of terror. Ultron planned to commit global genocide by causing a meteoric impact. However, the Avengers, which included Iron Man, Hulk, Hawkeye, Black Widow, Captain America, Thor, , Quicksilver, , and Falcon were able to stop him in time. However, this battle was not without casualties, which included Quicksilver and 177 civilians. It also created $474 billion in damages of the Sokovian

1Karim, Anhar. “The Major Public Crises In The Marvel Cinematic Universe.” Forbes, Forbes Magazine, 29 July 2019, www.forbes.com/sites/anharkarim/2019/07/28/the-major-public-crises-in-the-marvel-cinematic-universe/ #371af04c6e62.

2 Ibid

countryside3. As public opinion of the Avengers turned negative, US President Matthew Ellis created the Advanced Threat Containment Unit (ATCU) in order to find enhanced individuals and prevent future unexpected attacks4.

Lagos Catastrophe: In 2016 the Avengers, consisting of Captain America, Black Widow, Falcon, and Scarlet Witch, attempted to hunt the Hydra known as in Lagos, Nigeria. Crossbones, or Brock Rumlow, was attempting to release a biological weapon. During the battle, Scarlet Witch attempted to save Capitan America and other bystanders, but inadvertently moved a bomb too close to a building and it exploded. 26 civilians died, including 11 relief aid workers from Wakanda5. Due to the Battle of Sokovia, public opinion has been increasingly divided and this is only exacerbated by the destruction in Lagos. Reporters and International Agencies alike questioned what legal authority, if any does an Enhanced Individual such as Wanda Maximoff have to operate in Nigeria. Several international politicians, including King T’Chaka and US President Matthew Ellis, were demanding a system of accountability to prevent future attacks. It was due to this event, that the UN created the Sokovia Accords.

Bombing of the UN: At a formal signing ceremony in Vienna, Austria, King T’Chaka was giving a keynote address when a bomb went off which resulted in his death and several other delegates. Originally thought to be the work of Barnes, it was revealed that was behind the attack. This event only served to further divide the emerging factions regarding the Sokovia Accords.

The Clash of the Avengers: After the accords were ratified, two factions emerged of superheroes on each side of the issue. Standing against the Sokovia Accords was Captain America, Scarlet Witch, Hawkeye, The Winter Soldier, Falcon, and Ant Man. For the Accords was Tony Stark, Black Widow, War Machine, , Black Panther, and Spider Man. Capitan America and Falcon went

3 Ibid 4 Whedon, Joss, director. Avengers: . Walt Disney Studios Home Entertainment, 2015.

5 Karim, Anhar. “The Major Public Crises In The Marvel Cinematic Universe.” Forbes, Forbes Magazine, 29 July 2019, www.forbes.com/sites/anharkarim/2019/07/28/the-major-public-crises-in-the-marvel-cinematic-universe/ #371af04c6e62.

attempting to protect Winter Soldier who was being framed for the bombing in Vienna. Thaddeus Ross granted Stark 36 hours to bring them to him. Stark assembled Black Panther, War Machine, Scarlet Witch, and Vision to bring them back. Then he recruited Spider Man to join them. Capitan America asked Hawkeye to come back from his retirement to help them retrieve Scarlet Witch, who was being detained for her uncontrollable powers after the Lagos incident6.

In addition, he also recruited Ant-Man to join the fight. The two groups ended up facing off at an airport in Germany. At this point they are violating the Accords by not turning over Barnes. Iron Man proceeds to follow his direct orders from the United States government to detain them all as rogue agents defying the US government. The two groups fought at this airport. It resulted in Black Widow betraying Iron Man by attacking Black Panther, which allowed Captain America and Barnes to escape. In addition, Vision accidentally hit War Machine with a powerful beam meant for Falcon that destroyed his suit and left him nearly paralyzed. In the end, Hawkeye, Scarlet Witch, Ant-Man, and Falcon were captured and imprisoned in the raft, Spider-Man was sent back home by Stark, War-Machine suffered spinal injuries, and Black Widow went into hiding. Iron Man and Capitan America reconcile in order to defeat Zemo, until Iron Man discovers that Capitan America knew that Winter Soldier, while brainwashed, killed his parents. As Iron Man attacks Winter Soldier, Capitan America also joins the fight. This results in Captain America leaving behind Iron Man and his shield as he heads into hiding with Barnes7.

Currently: This Committee is set after these events. In order to get complete cooperation from the Avengers, the UN has agreed to allow the Avengers and other interested parties the time to discuss and amend the Accords until they can all agree with this document.

1. The Accords and Other Relevant Doctrine

The Accords defines enhanced individuals as the following: anyone, human, alien, or other with superhuman capabilities or enhancements, either natural or man-made. This list includes any innate powers, highly advanced technologies, or natural capabilities.

6 Russo, Joe and Anthony Russo, directors. Captain America: Civil War. Mondadori, 2017.

7 Ibid

This doctrine also dictates that all enhanced individuals must: 1. Sign the Accords asserting that they will cooperate with all the regulations put forth regarding enhanced individuals. 2. Provide DNA, fingerprints, and other samples upon request. 3. Reveal their true identities to the global community 4. Participate in power analysis screenings and other mandatory tests 5. Wear tracking bracelets which will broadcast their location to a UN oversight committee at all times 6. Prohibited from taking action in any country besides their own, and only when they are approved by their home government or the UN 7. Sign the accords or being bared from participation in any and all international conflicts, military activities, or efforts. 8. Obey the law, the accords, and not be deemed a threat to the general public or they will be detained indefinitely without trial 9. Obey the regulations regarding the use of technology to give individuals abilities or special capabilities which is to be highly controlled. 10. Never create or build self-aware artificial intelligence of any kind. 11. Agree that the Avengers are no longer a private organization and will only operate under the supervision of the UN subcommittee8.

Furthermore, related doctrine that must be considered in this crisis is the UN Universal Declaration of Human Rights9.

8 “Sokovia Accords.” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/ Sokovia_Accords.

9 UN. “Universal Declaration of Human Rights.” United Nations, United Nations, www.un.org/en/universal- declaration-human-rights/index.html.

While the entire document is relevant to this specific incident, I encourage you to refer to these certain clauses while creating a resolution.

Article 1: All human beings are free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3: Everyone has the right to life, liberty and security of person.

Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6: Everyone has the right to recognition everywhere as a person before the law.

Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 9: No one shall be subjected to arbitrary arrest, detention or exile.

Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11: 1. Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. 2. No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.

Article 15: 1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20: 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association.

Article 21: 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right of equal access to public service in his country. 3. The will of the people shall be the basis of of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 23: 1. Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 28: Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

B. Current Situation

The world is in turmoil following the events of Civil War. After the ratification of the accords, but before the committee convenes, many enhanced individuals feel threatened by the new laws that have been put into action. Enhanced Individual Advocacy Groups claim that these new laws violate their civil rights to privacy, a fair trial, and a just treatment under the law. Furthermore, many Enhanced Individuals have been attacked by a group known as the Human Liberation

Army (HLA) that believes that Enhanced Individuals are the reason for all the destruction and that they need to be contained before they rise up against the government. The HLA has recently released a document asking the UN to put an end to vigilantism of any kind, as it is “unregulated, unwarranted, and just another way for those who are enhanced to show off which causes unnecessary damage and death” (HLA Representative Susan Waters).

In response The Enhanced Individuals Resistance Coalition has begun protesting outside the UN, because they believe that their rights as Americans are being ignored. Many Enhanced Individuals (EI) are facing discrimination and violence under the guise of justice, as the HLA is becoming more and more aggressive by the day. Meanwhile the EI Resistance Coalition believes that fighting violence with violence is the only way to end this issue once and for all. Kara Lumikko, EIRC representative states: “We will not stand by idle while you tag us like cattle, steal our DNA, and monitor our every location like criminals. We refuse to give up our rights and will fight to remain respected as human beings” (EIRC Representative Kara Lumikko).

C. Questions a Solution Must Answer?

Any solution created must define the term human being, and address whether that includes enhanced individuals. Furthermore, a solution must define the term person in the UN Universal Declaration of Human Rights Article 6 and state what that includes. In these definitions, it should be stated what specific rights and laws these enhanced individuals are allowed if they are considered something other than people or human beings. Also the principle that Enhanced individuals must obey the law, the accords, and not be deemed a threat to the general public or they will be detained indefinitely without trial is in direct contradiction with articles 9, 10, and 11 of the UN Universal Declaration of Human Rights10.

Article 9 asserts that: “No one shall be subjected to arbitrary arrest, detention or exile,” and Article 10 reinforces that: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal.” These laws, which are recognized by the entire global community and UN as basic principles for a fair and just civilization. This is why they must be considered in the formulation of any new doctrine, such as the Sokovia Accords. Also, Article 11, which presumes innocence in any criminal proceedings, should be considered in future solutions regarding the Sokovia Accords.

D. Conclusion

This committee is set after the ratification of these accords and the Clash of the Avengers. The UN decided that due to public scrutiny, further amendment to the accords is needed before they are implemented. Your goal in amending these articles is to increase not only clarity, but also legality in accordance with the UN Declaration of Human Rights and other principles. Those present will represent both enhanced and non-enhanced individuals, both with equal stake in the issue. As time progresses you will be asked to amend the accords, debate their legitimacy, and produce revisions that will adapt to the ongoing conflict concerning enhanced individual rights on Earth. It is up to the members of this committee to produce a more legal and humane document that all sides agree upon before this conflict manifests itself in more destructive ways.

For further research, as recommended, please watch all relevant movies in the Marvel Cinematic Universe related to your character and this issue. I also recommend reviewing the UN Universal Declaration of Human Rights in its entirety, as well as reviewing UN Human Rights and Pre- Trial Detention international standards11, which references prison conditions, lengths of detentions, and the rights of prisoners. In relation to the issue, although any ’s surrounding the Mutant Registration Act or Superhero Registration Act are not relevant to this

10 Ibid

11 Weissbrodt, David S. “Human Rights and Pre-Trial Detention: A Handbook of International Standards Relating to Pretrial Detention.” Experts@Minnesota, United Nations, 1 Jan. 1994, experts.umn.edu/en/publications/human- rights-and-pre-trial-detention-a-handbook-of-international-.

debate, characters from those arcs may be introduced in crisis situations as the committee progresses. The themes and ideas that they introduce may also be important to familiarize yourself with. I encourage you to have fun with your characters, while also addressing the issue through their own unique perspective.

E. Characters List

Tony Stark: Known to the world as Iron Man, is the main supporter of the Sokovia Accords. Tony believes strongly that the Avengers need more government oversight after the debacle that is Ultron. After both Ultron and Sokovia, Stark believes that the Avengers have a power to great that needs to be controlled. After signing the accords in Civil War, Stark believes that this is a necessary step to ensure the Avengers do not cause any future damage. Furthermore, he believes entities like the Winter Soldier need to be contained as they pose a threat to the general public. Stark is aiming for this committee to help both sides of the issue agree that the accords are necessary for the future to ensure vigilantism does not evolve into villainy12.

Steve Rogers: Otherwise known as Captain America, Steve Rogers is a loyal soldier to justice, and is not afraid to go against orders when he believes them corrupt or not in the best interest of the people. His powers consist of super soldier DNA after being injected with a serum that grants him heightened reflexes, agility, stamina, , strength, and healing factor. He is also a natural , and captains the Avengers on many missions before the Civil War began. However, as a fiercely loyal and stubborn individual, Steve was unable to town down to what he believed was a government abusing it’s powers. The american ideals or free speech and liberty for all are what govern his own ideology. At this committee, Steve is hoping for amendments that create a more just document, with the right's of all people considered13.

Secretary Ross: As the Former Lieutenant General, Thaddeus E. “Thunderbolt" Ross served as a United States Military Officer responsible for the safety and security of the American People. In the beginning of Captain America: Civil War, Ross is appointed the Secretary of State and in charge of implementing the Accords. Ross is also a strong supporter of consequences for each

12 “Iron Man.” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/Iron_Man.

13 “Captain America” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/ Captain_America.

and every action, which dictates his philosophies of accountability surrounding enhanced individuals. Presently, Ross is concerned with enhanced individuals manipulating their abilities in order to gain power over others, and believes the accords are a necessary measure for ensuring safety14.

Colonel Rhodes: As an officer of the United States Air , Rhodey acts as a liaison between and the United States Government. Known by his superhero alias War Machine, he is often engages in battle through the utilization of his armored suit and weaponry. With Tony Stark as a best friend, Rhodey is often dragged into complicated issues, but manages to navigate political turmoil with a level head. He believes in justice and fair punishment, and believes the accords can accomplish that. Set after the airport battle in Germany, he is currently dealing with the loss of function in his lower extremities, which is likely to contaminate his ideology surrounding responsibility for actions15.

Vision: Created from a fusion of the mind stone and the remnants of Jarvis, Vision is a supercomputer android under the control of a body. He possesses the hybrid personality of both Ultron and Jarvis, so he is able to think clinically in situations as a new member of the Avengers Team. Vision believes oversight is necessary purely based on the mathematical certainty of the Avengers actions leading to less catastrophe with the presence of increased government oversight16.

Clint Barton: As a founding member of the Avengers, skilled marksman, and former agent of S.H.I.E.L.D, Clint has seen his fair share of battles as Hawkeye. After the Age of Ultron, Clint retired with his family only to be brought back into the Clash of the

14 “Thaddeus Ross” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/Thaddeus_Ross.

15 “War Machine” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/War_Machine.

16 “Vision” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/Vision.

Avengers at Captain America’s request. Feeling indebted to both Wanda Maximoff and Captain America, Clint is governed by loyalty and honor in his actions, and based upon his personal experiences, believes the Avengers are capable of handling these conflicts alone17.

T’Challa: Known by the alias Black Panther, T’Challa has only recently become the sovereign king of after the death of his father T’Chaka in the bombing of the United Nations orchestrated by Helmut Zemo. Believing the Winter Soldier to be responsible, T’Challa him down during the events of Captain America: Civil War. After he realized Zemo was responsible, T’Challa vowed to never let vengeance consume him again. T’Challa utilizes the vibranium storage in Wakanda to protect the world as the Black Panther. With a great dislike for politics, T’Challa only agreed to this summit because of his important role in the formation of the Accords. T’Challa recognizes that the Avengers and other enhanced entities have a power that when left unchecked can result in casualties, which he hopes to avoid with greater governance18.

Peter Parker: Known as the friendly neighborhood Spiderman, Peter gained superhero abilities after being bitten by a radioactive . As a sixteen year old -slinger, Peter fights crime in his burrow of Queens. In the events of Civil War, Peter was recruited by Iron Man to be a part of the Airport Battle on the side of Iron Man. Peter was only told when recruited that Captain America had gone crazy, and the Accords were never explained to him in detail. Peter was asked to take part in these proceedings due to his status as a who currently conceals his identity, which violates the accords. Parker is a strong believer in taking responsibility for ones actions, but is also an enhanced individual himself, which puts him at the crossroads of this issue19.

17”Hawkeye” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/Hawkeye. 18”Black Panther” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/Black_Panther.

19 “Spiderman” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/Spiderman.

Bucky Barnes: Otherwise known as the Winter Soldier, he was at the center of the debacle known as Civil War. After being brainwashed by Hydra scientists, Barnes went on many missions as the Winter Soldier where he committed crimes and carried out assassinations, including Tony Stark’s parents. After being accused of the bombing at the UN, Barnes was hunted by T’Challa, Everett Ross, and Tony Stark under violation of the accords. Barnes believes the Accords strip people of their free will and agency, which he strongly disagrees with due to his experience with Hydra20.

Wanda Maximoff: After being orphaned at the age of ten by missiles from Stark industries, Wanda grew up with a great disdain for Tony Stark and the Avengers. Originally from Sokovia, her and her brother Pietro eventually joined Hydra in order purge her country of the war and strife it suffered under. As a part of Scepter, Wanda and Pietro were experimented on by Wolfgang Von Strucker. Her abilities consist of telekinesis, telepathy, and energy manipulation, while his was super speed. During the events of Age of Ultron, Wanda and Pietro eventually switched sides after realizing Ultron’s true motive, which resulted in Pietro’s death. During the events of civil war Wanda feels guilty for her actions at Lagos that inadvertently killed many people, but also afraid she will be locked up due to her innate abilities. Wanda is strongly against the regulation of people with abilities, and believes the accords need amending to cater to all types of people21.

Representative of Enhanced Individuals Resistance Coalition: Kara Lumikko is an enhanced individual who gained the ability of ice powers when she was only ten. After witnessing her parents die due to improper medical care at their refugee camp, Kara moved to America for a new life. However, since then she has been greeted by xenophobia and intolerance due to her status as both an immigrant and an enhanced individual. She refused to let her people be taken advantage of and treated like less than people, like her parents had been. As a human rights

20 “Winter Soldier” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/Winter_Soldier.

21 “Scarlet Witch” Marvel Cinematic Universe Wiki, marvelcinematicuniverse.fandom.com/wiki/Scarlet_Witch.

lawyer and advocate for Enhanced Individual Rights, Kara is hoping to solve this issue through a thorough amendment process. However, she is not afraid utilize violence to keep her people safe.

Representative of Human Liberation Army: Susan Waters, is a longstanding Army Colonel, who is now retired after spending thirty years serving her country. She watched many of her fellow service men and women die fighting people who had unlimited and unchecked power. She now hopes to keep her country safe through negotiations that will protect her fellow humans, and guarantee greater government oversight and accountability for Enhanced Individuals. She believes Enhanced Individuals are the next greatest threat the United States will face, and believes we need to stay focused on the objective of ensuring domestic tranquility.