Building a world community

Canadian Edition Published by the World Federalist Movement, a non-governmental organization that advocates more just and V OL . 2 , I SSUE 2 effective through the application of the principles of democratic to world affairs. D ECEMBER 2 0 1 8 In this issue: •World Federalist Congress in The Hague reaffirms fight for global peace, justice and democracy •Towards a UN World Citizens‘ Initiative •Neglected aspects of the charter •Ventotene International Seminar: 35th edition •UN2020: Landing pad or launch pad? •The ICC comes under attack – again •European Identity - Fact or Myth? •World Federalist Reading •A Tribute: Joseph E. Schwartzberg, 1928 – 2018 •Making Effective Use of Existing Legal Obligations in the Face of Atrocity Crimes • Theory and World View •The United Nations and / A Question of Leadership

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@WFMCanada | www.WFMCanada.org | World Federalist Movement - Canada page 2 COVER STORY - WORld FEdERaliST COngRESS in ThE haguE World Federalist Congress in The Andreas Bummel is Coordinator Hague reaffirms fight for global for the UN Parliamentary Assembly peace, justice and democracy campaign. by Andreas Bummel Convening July 9 to 13 in e Hague, the world’s Programs discussed in e Hague included the capital of international law, the World Federalist Coalition for the International Criminal Court Movement (WFM) reaffirmed the organization’s (CICC), the Coalition for the Responsibility to Protect (ICRtoP), the Campaign for a United Nations Parliamentary Assembly (CUNPA), the Coalition for a Latin-American Court on Transnational Organized Crime (COPLA), the Global Partnership for the Prevention of Armed Conflict (GPPAC), and the Civil Society Initiative for a UN 2020 Reform Summit (UN2020), among others. Priority areas identified at the Congress for WFM’s work included continued support of the International Criminal Court, the Responsibility to Protect, promotion of regional integration processes and the democratization of regional organizations, support of the Campaign for a United Nations Parliamentary Assembly and of the efforts for a Latin-American Court on Transnational Organized Crime. In addition, the meeting decided to set up transnational working groups that will explore and fight for global justice, peace and democracy. In a promote federalist solutions to major global issues in Group photo: delegates to the July resolution adopted at the meeting, the movement collaboration with experts and relevant stakeholders. 2018 WFM Congress in The Hague underlined its “primary goal” of institution-building “cosmopolitan counter-balance to populist and emphasized its commitment to “the reform and nationalism” improvement of existing international institutions” Discussing the necessity of the movement’s stronger and “the creation of new democratic supranational engagement with issues such as migration, global institutions” to cope with “the urgent challenges of warming, the disruptive impact of automation, our interconnected world and move away from artificial intelligence and biotechnology or nuclear international anarchy and towards world federalism non-proliferation, participants emphasized that and democratic world governance.” democratic world federalism represents “a World federalism and global democracy are now cosmopolitan counter-balance” to the recent rise of more urgent than ever populist nationalism. “While they may appear distant in terms of e topic of world citizenship and the need of realization, the goals of world federalism and global strengthening democracy was also taken up during a democracy are now more urgent than ever,” said the presentation of the new book A World Parliament: movement’s newly elected Co-President, Fernando Governance and Democracy in the 21st Century Iglesias, a Member of Parliament from authored by Jo Leinen and Andreas Bummel. and former Council Chair, who will serve in this Introduced and moderated by the newly elected capacity together with Lloyd Axworthy, a former chair of WFM’s Congress, Florencia Gor from Foreign Minister from Canada. Argentina, the book launch put a spotlight on how

December 2018 page 3 COVER STORY - WORld FEdERaliST COngRESS in ThE haguE global democratization needs to be a response to the the creation of an internet platform for “global erosion of democracy worldwide. debates, voting, and elections.” Another resolution Resolutions adopted by the Congress included a call expressed “in principle” support of “the concept of a introduced by WFM and the Japanese World Community of Democratic Nations as one Parliamentary Group for World Federation on possible first step towards a democratic world parliamentarians across the world to create similar federation.” parliamentary groups to promote “democratic As part of a major internal reform, the WFM global governance and world federation.” According streamlined its own governance architecture and to another resolution, “global taxes could be one of abolished one of the organization’s bodies, the the promising means to generate funds for Council, leaving an Executive Committee and a bi- achieving the Sustainable Development Goals.” annual Congress running the organization. It is anticipated that WFM’s next Congress will take place e Congress unanimously adopted a resolution in in Japan in 2020. support of a UN World Citizens’ Initiative based on the example of the European Citizens’ Initiative and

Towards a UN World Citizens‘ Initiative by Andreas Bummel

While the establishment of a citizen-elected United transnational tool of participatory democracy. e Nations Parliamentary Assembly remains a key ECI was introduced with the Lisbon Treaty on the federalist goal, it is possible to pursue European Union (EU) that entered into force in complementary efforts towards strengthening global 2009. e instrument allows for citizens to identify a democracy. One such innovation that the Congress problem, propose a solution and submit their of the World Federalist Movement in e Hague proposal to the European Commission for review if supported unanimously this year is a UN World they manage to mobilize the support of at least a Citizens’ Initiative (UNWCI). million EU citizens. So far, there have been four successful initiatives and six others are still open. While -initiated popular plebiscites put forward by elected or non-elected rulers can be A similar instrument could be established at the UN highly problematic, instruments of direct to allow for citizens’ input. e fundamental idea of a democracy, if designed in a right way, can mobilize UNWCI is that if a certain threshold of world the positive energy of the citizenry. ey can help citizens endorses a citizen-launched initiative, UN regain citizen trust in democracy and provide a way bodies such as the UN General Assembly or the Security Council would have to put the item on their to strengthen their political voice. Even in the agenda and give representatives of the initiative the intergovernmental realm, recent initiatives such as floor to make their case. Ideally, the UN General the 1 for 7 Billion Campaign on the selection of the Assembly would follow up and adopt UN Secretary-General or the My World 2015 survey recommendations based on the UNWCI in question on the Sustainable Development Goals have shown or launch an intergovernmental process to adopt or that it is possible to engage millions of people in modify relevant treaties. We anticipate that an UN-related issues. instrument such as a UNWCI will support the An example and inspiration to draw upon when emergence of better synergies and collaboration imagining citizen participation at the UN is the among civil society worldwide and of a citizen-based European Citizens’ Initiative (ECI), the only existing global political sphere. continue on page 4

December 2018 page 4

Towards a UN World Citizens‘ Initiative – continued

Democracy Without Borders has aligned with is important to strengthen the connection between Cologne-based Democracy International and with the EU and its citizens, the same thinking should the support of other NGOs such as WFM, CIVICUS apply to the UN today. A ‘magic tool’ that the UN and Global Justice Now we are building an alliance General Assembly may be able to use to establish a that will develop the UNWCI proposal and launch a UNWCI, once all details have been figured out, is campaign ahead of the upcoming 75th anniversary Article 22 of the UN Charter, which allows the of the UN in 2020 which we hope will be used as an Assembly to “establish such subsidiary organs as it opportunity for innovation and reform, as the deems necessary for the performance of its UN2020 civil society initiative suggests. functions.” e creation of a consultative While the ECI offers a strong example to draw mechanism like a UNWCI could be seen as a win- upon, conceptualizing a UNWCI will come with its win scenario and as part of the UN General own challenges, as of course the EU and the UN Assembly’s long-sought revitalization. differ in fundamental ways. However, just as the EU realized that an element of participatory democracy

Neglected aspects of the United Nations Marjolijn Snippe is on Charter the Executive Committee of by Marjolijn Snippe the World Federalist In 1995, Erskine Childers (1929-1996) and I diplomatic community, but also by the wider Movement composed a project proposal raising questions about international community (e.g. NGO’s and media). and a the legal rules governing four specific issues covered Over the years some of the questions we raised have founding by the UN Charter. ese issues were: been addressed in the ever growing literature on UN member of 1) financing the UN, affairs. Still, it would be desirable that an expert team the Centre for should take stock of past and present research on the United 2) the economic mandates of the Nations General Assembly, proposed issues needing examination and fill gaps that might be identified. Constitutional 3) international economic and social Research cooperation, and An important underlying question to answer would (CUNCR) be: at what point does the subsequent practices of 4) the sovereign equality of member member states go too far so it can safely be assumed states and their (inviolability of) voting that the behaviour of member states is no longer rights. covered by the letter and spirit of the Charter of the e project emphasized the authority of the existing United Nations? e envisaged legal analysis would (but neglected) legal provisions relating to social, identify the limits of modification of international economic and other aspects of the United Nations treaties (in particular the UN-Charter) by Charter. subsequent practice of its member states. We proposed that a team of highly qualified jurists e availability of such an authoritative publication from all continents undertake an in-depth study of with a comprehensive range of interpretations would the provisions of the Charter, taking into account significantly assist Charter revision work as well as where necessary applicable definitions adopted in current and future reforms towards a more 1945 by the United Nations Conference on democratic United Nations. It would equally assist International Organization (UNCIO). We suggested member states in the formulation of Charter- that the outcome of these interpretative findings respecting policies in a wide range of areas, affecting could be used by legal experts and the UN large proportions of humankind.

December 2018 page 5

THE PROPOSED ISSUES NEEDING to the Bretton Woods meetings. Key member states EXAMINATION from the global north take the position that international macro-economic policy cannot be 1. Questions relating to financing the UN determined in the General Assembly (or ECOSOC), (Articles 17 – 19) on grounds that the Bretton Woods specialized Can a member state refuse to pay its contribution agencies are so mandated. for explicitly stated reasons of opposition to policies It has become commonplace to speak of duly adopted by the General Assembly? "complementarities" between the UN and the Can a member state assert a privileged interest Bretton Woods Institutions, as if the latter are at in the policy and/or administration of the UN least co-equal with the UN instead of being UN on grounds that it is one of the members that specialized agencies and an integral part of the UN- "pays most"? system. Can a member or group of members demand Questions: that their nationals occupy specific posts in the In view of subsequent practice by member states, UN-Secretariat in view of their contributions, or what is the legal status of the UNCIO definition any other claimed special attribute? (Articles 100 of "economic"? and 101: i.e.: no instructions from any government to UN-staff) Can a minority of member states deny the extensive provisions in the UN Charter for Article 18.2 states that one of the "important General Assembly (and ECOSOC) leadership in questions" on which the General Assembly economic and social matters? decides "shall be made by a two-thirds majority of the members present and voting ... shall Can a UN specialized agency unilaterally include ... budgetary questions." Is the current suspend a provision of its relationship agreement (since 1986) insistence on budget approval by with the UN? consensus consistent with the Charter? Given the leadership/coordinator function over 2. Economic mandates of the General Assembly specialized agencies plainly mandated to the UN in the Charter, is it consonant with international e founding 1945 UN Conference on International law to speak of the UN and any such agency Organization (UNCIO) adopted a definition of the being in "complementarity"? word "economic"; it was to be to be interpreted to include international trade, finance, 3. International Economic and Social Co-operation communications and transport, economic (Chapter IX of the United Nations Charter) reconstruction and, under "economic problems", Although various volumes of commentary on the international access to raw materials and capital Charter have addressed the Articles 55-60, Chapter goods. e UN-Charter subsequently attributes IX on Economic and Social Co-operation, at a time economic mandates to the United Nations of considerable world economic stress and the Organization (Preamble, Articles 1.3) and evolution of the 2030 Agenda for Sustainable specifically to the General Assembly and the Development, an overall review of its status in Economic and Social Council (Article 10, Article 13, international law would be very useful. Articles 55-72). Questions: e Bretton Woods Institutions (including the International Monetary Fund and World Bank) are How have member states interpreted their legal specialized agencies under the umbrella of the UN obligations in the language of Article 55 that the (as are the International Labour Organization, Food United Nations shall promote higher standards and Agriculture Organization, World Health of living, conditions of economic and social Organization, etc.), but since 1984 the reciprocity progress and development and universal respect provisions of the relationship of the Bretton Woods for human rights? Institutions and the United Nations have oen been breached, e.g. by dis-inviting the Secretary-General continue on page 6

December 2018 page 6

United Nations charter – continued

Given the "pledge" of all members-states in e Charter does provide for coercive measures to Article 56 "to take joint and separate action in be taken under some circumstances (e.g. by the co-operation with the Organization for the Security Council following a determination of a achievement of the purposes set forth in Article threat to the peace). However, in 1993 the Secretary- 55, can member states be held accountable for General noted that "there is no clear consensus in claimed insufficiency of "useful effects" from the international law as to when coercive measures are provisions in Chapter IX? improper." 4. Sovereign equality and voting rights Questions: e principle of sovereign equality of states laid Do these practices constitute violations of Article down in the Charter (Preamble and Article 2.1) is 2.1 (sovereign equality), Article 2.2 (the "good repeatedly ignored in the statements, and behaviour faith" requirement), Article 18.1 (General of various member states. Assembly voting), Article 27.1 (each member in the Security Council has one vote), and the e San Francisco UN Conference on International UNCIO definition of sovereign equality? Are Organization (UNCIO) in 1945 debated and such practices violations of international law? adopted an explicit definition of "sovereign equality" stating: If they are, does the membership have any recourse against any member state in violation, (1) that states are juridically equal; and how might such recourse be taken? (2) that each state enjoys the right inherent in full ; CONCLUSION (3) that the personality of the state is e founders of the United Nations clearly intended respected, as well as its territorial the Organization to have a balance of mandates integrity and political independence; between tackling the socio-economic causes of conflict, and responding to the consequences of (4) that the state should, under neglect of such causes in threats to and breaches of international order, comply faithfully international peace, security and human rights. In with its international duties and no small part because of lack of knowledge of the obligations. provisions of the Charter, the United Nations Questions: Organization has been substantially prevented from Can this adopted UNCIO definition clarify the advancing the Charter's economic and social goals. intentions, and thus be useful in the ere are further problems in inadequate interpretation of the UN Charter? understanding of provisions in the Charter regarding the responsibilities of member states in Can a member state refuse to participate in the the financial underpinnings of the United Nations. work of the UN on the grounds that its procedures follow the one-nation one-vote Also, there are grave issues concerning the Charter principle? inviolability of the independence of votes and expressions of policy of member states. Inviolability of votes e correct interpretation and understanding of A small number of powerful member states have international law cannot provide the only source of used direct economic intimidation of weak member restoring UN mandates and improving the states to secure either their votes in favour of behaviour of member states. But authoritative decisions or the silencing of member states. analysis of the applicable provisions of the UN It can be argued that this behaviour goes far beyond Charter vital to world peace, economic progress and the traditional diplomatic practices of states stability will surely add great value. Also, wider "bargaining" over their votes on different resolutions public knowledge of the provisions of the Charter for reciprocally advantageous ends. Some of the will strengthen, democratize and revive the United behaviour has taken the form of bribery, Nations System and make it more effective in intimidation, retaliation or coercion. serving “We the Peoples” – just as it was meant to do by the organization's founders.

December 2018 page 7

Ventotene International Seminar: 35th edition by Yasmina Gourchane In early September, young world federalists assembled is year, WFM took a particularly active role. Nick Yasmina on the Italian island of Ventotene for the 35th edition Christie, WFM EC member and Chair of the Policy Gourchane is of the Ventotene International Seminar. From Committee, Lucio Levi, WFM Councillor, and the Mombasa to Montreal, Islamabad to Buenos Aires, Yasmina Gourchane, WFM Membership and Outreach Membership WFM’s delegation of 12 took part in the week-long Associate briefed participants on WFM programs, and Outreach event, participating in panels as speakers, leading such as the Campaign for a UN Parliamentary Associate at working groups, and networking with other young Assembly and the Coalition for the ICC. Later in the the Coalition federalists from Europe and beyond. While the main week, Florencia Gor, WFM Congress Chair, touched for the ICC, draw of the Seminar is its packed agenda, with sessions on other WFM projects, including the COPLA New York on topics ranging from economy to history to defence campaign and the UN2020 initiative. Having active policy, it also provides unparalleled opportunities for and engaging WFM speakers has always been a key young activists to engage with one another and grow feature of the Ventotene Seminar, bringing a world their networks. e sunny island with a federalist perspective to complement a focus on the European history, as the place where Altiero Spinelli draed his Union, which many European participants work on Federalist Manifesto, serves as an ideal setting for regularly. One feature of equipping a new generation of young federalist WFM that attracted the JEF activists with the tools, knowledge and networks they (Young European Federalists) need for an ever-changing world. and UEF (Union of European WFM participants gathered for a two-day pre-seminar Federalists) participants were that serves as a crash-course in federalism, giving an the newly launched overview of WFM’s history, goals and projects, as well Transnational Working as a chance for the participants to get acquainted Groups, established to before convening on the island. Aiming for an encourage regular and robust interactive format, each participant presented on a communication between topic of their choice ranging from federalist solutions Member Organizations and to post-conflict situations, to influential female leaders experts in the field. of Pakistan, all of which sparked strong discussions Ventotene is truly a melting and a flow of ideas from the diverse group. pot for federalists who come from different countries, generations and disciplines. Participants kept the spirit of discussion alive even outside of the seminar meeting room by continuing the day’s debates in their free time, whether over dinner overlooking the Mediterranean, grabbing a Spritz in the square, or on a boat tour around the island. Interactions like these solidified collaboration efforts across JEF chapters, between JEF and WFM, not to mention countless friendships. Nearly four decades on, new generations of federalists continue e island of Ventotene may be small, but the welcome to return to is big. Aer an opening session, participants and Ventotene, speakers met in the town square, along with residents determined to of Ventotene for a welcome dinner. Each of the ten continue on the restaurants on the island provided a different dish, and legacy of Altiero everyone dined at large communal tables in the shape Spinelli and work of E, for Europe. Bringing together locals, tourists and towards a more federalists alike, the dinner broke the ice and lay the federal world. groundwork for a productive week of work.

December 2018 page 8 COPLA Update COPLA arrives on the global stage by Florencia Gor WFM Kick-started five years ago by the small NGO and security. However, we live in a world that is Congress Democracia Global (the WFM Member not exempt from serious threats, such as Chair and Past- Organization from Argentina), the campaign to organized crime, cybercrime and terrorism, President of establish a Latin American and Caribbean which require cooperative responses to Democracia criminal court against transnational organized confront them. During these years, thanks to Global, crime continues to garner support in the political will and improved cooperation with Argentina governmental, academic and civil society our partners in the region and the world, we sectors. have managed to dismantle criminal networks COPLA (acronym for Corte Penal of drug trafficking, to increase the number of Latinoamericana y del Caribe contra el Crimen captures of national and international fugitives Transnacional Organizado) is presented not and to reduce homicides linked to drug only as a proposal for a new judicial trafficking. We also continue to seek the organization; it is also considered a key strategy necessary consensus to create a complementary towards a deeper integration in a region that judicial body at the regional level to fight desperately needs more and better cooperation. together against organized crime." As proof of the continued commitment of Further regional backing Argentina’s leaders to spearhead the Another recent institutional development was intergovernmental side of this initiative, the the signing of the Declaration of Buenos Aires President included it in his address this past in support of the creation of COPLA. e September to the opening of the 73rd United document was signed last November 1st by Nations General Assembly. is is the second parliamentarians and representatives from time that COPLA has been mentioned at the Argentina, Bolivia, Ecuador, Honduras, UNGA, aer Argentine Vice President Michetti Nicaragua, Paraguay, the Dominican Republic did the same in 2017. and Venezuela during a side-event at the Macri stated that, "For decades, we have Parliamentary Speakers’ Forum and Summit in gathered here to safeguard international peace the context of the G20 Leaders’ Summit.

In this issue the articles entitled, “World Federalist Congress in e Hague reaffirms fight for global peace, justice and democracy,” “Toward a UN World Citizens’ Initiative,” “Neglected aspects of the United Nations Charter,” “Ventotene International Seminar: 35th edition,” “COPLA Mondial is published twice annually by the World Federalists. Editorial Update: COPLA arrives on the global stage,” “UN2020: Landing pad or production is undertaken jointly by the international secretariat of the launch pad?,” “R2P Update: UN SC side event and MENA trainings World Federalist Movement – Institute for Global Policy and the WFM- emphasize prevention,” “e ICC comes under attack - again,” “European IGP member organization, World Federalist Movement – Canada. Identity – Fact or Myth?,” “World Federalist Reading,” “A Tribute: Joseph Founded in 1947, the World Federalist Movement is a nonprofit, E. Schwartzberg, 1928 - 2018” and “ICC Update” are the responsibility of nonpartisan organization committed to the realization of global peace and the World Federalist Foundation. justice through progressive strengthening of the rule of law, democratic accountability and global governance institutions such as the United Nations. ISSN number: 1488-612X

Mondial’s editorial working group: Monique Cuillerier, Yasmina WFM-IGP international secretariat: WFM – Canada national office: Gourchane, Peter Orvetti, Fergus Watt. Material is not copyrighted. 308 3rd Ave., suite 1715, 110 – 323 Chapel St., Submissions are welcomed. New York NY Ottawa, ON 10017 K1N 7Z2 Publication in Canada is also supported by the World Federalist USA CANADA Foundation, a Canada Revenue Agency registered charitable organization Tel: + 212 599-1320 Tel: +1 613 232-0647 (reg. #: 123998957RR0001). www.wfm-igp.org www.wfmcanada.org

December 2018 page 9

Participants at the side event included judicial tribunal that can prosecute the leaders parliamentarians from the region, ambassadors of these groups is a demand of the 21st and key figures of the Argentine government, century.” including Vice President Gabriela Michetti, What next? Minister of Justice and Human Rights Germán e support of the Argentine government since Garavano, Minister of Foreign Affairs Jorge the early stages has been key in the Faurie, and Secretary of Public Ethics, advancement of COPLA. However, Octavio Transparency and Fight Against Corruption, Silliti, Legal Adviser for the Argentine Ministry Laura Alonso. of Justice and Human Rights, believes that one During the opening panel, Camila López of the main internal challenges is “to reach the Badra, Executive Director of Democracia goal of making COPLA and its objectives a Global and COPLA campaign coordinator, state policy beyond the political inclination of highlighted the NGO’s leading role in subsequent .” For Argentina the promoting the project and its commitment to challenge is also “to achieve a fluid “building a judicial instrument capable of communication and coordination among the stopping and prosecuting the highest echelons different Ministries of the Latin American and of organized crime.” She stated that COPLA Caribbean countries” and “to create a would be complementary to national judicial Commission of Legal Advisers appointed by systems, working in collaboration with member the governments of the member states.” states and “an independent Court, not COPLA campaigners draw parallels with the subordinated to any regional organization.” For model that first inspired it, the International Ms. Badra, the statistics are too clear: “Today’s Criminal Court. In the case of the ICC, a fight for human rights is the fight against coalition of NGOs and a group of like-minded organized crime.” governments worked together at every stage to Garavano believes in the value of this initiative, improve the dra statute and to provide a wide and he proved it by creating a COPLA Unit understanding of the need for such an within the Ministry of Justice and Human institution. ere is already an undeniable Rights: “Latin America is one of the most social consensus on the urgent need for a violent regions of the world, with the highest regional approach to the crisis of violence. levels of intentional homicides, many of them COPLA advocates need to voice this social related to organized crime.” According to demand for security so that governments feel Alonso, we are witnessing the compelled by their citizens to take action. “transnationalization of crime” and COPLA has the potential to be “an excellent tool” to battle corruption at the regional level. Vice President Gabriela Michetti, a dedicated Suggested reading: supporter since the campaign’s inception, closed the event stating that “COPLA could be An in-depth expert analysis of the COPLA proposal is available in the paper, “COPLA: A Transnational a very effective instrument to make progress in Criminal Court for Latin America & the Caribbean”, by the path of fighting against organized crime.” Prof. Robert J. Currie and Jacob Leon (currently available A dra statute has been draed by a group of on SSRN). experts in international criminal law and To learn more about the campaign and its supporters, regional integration. Prof. Christian Cao, the please visit www.coalicioncopla.org. You can join the group’s coordinator, expressed that “nowadays, COPLA campaign by signing the petition online and sign organized crime looks for large amounts of up to receive regular updates. money in order to boost and continue to develop and deploy these transnational crimes” [...], hence “establishing a complementary

December 2018 page 10 UN2020: Landing pad or launch pad?

Fergus Watt by Fergus Watt is Executive e UN2020 initiative is a civil society-led proposed 2020 Summit, there are questions Director of consortium calling for a United Nations 75th regarding the possibilities and scope of any World anniversary that includes a meaningful process 2020 outcome that would lead to reform and Federalist of stocktaking, renewal and reforms that renewal of the UN system. is gives rise to the Movement – strengthen the organization. “landing pad vs launch pad” debate. Will 2020 Canada and e campaign is led by WFM-IGP and a be a landing pad for world leaders to adopt the growing network of civil society partner agreed measures for renewing the UN system? Coordinator organizations. On the basis of consultations in Or will the Summit Outcome provide a launch of the 2017 and 2018 with governments, secretariat pad for additional discussions in the years UN2020 officials and NGO colleagues, there is now a following on ways to improve and strengthen Initiative. growing recognition not only of the current the system? challenges facing multilateralism, but also the Popular support for a UN2020 Summit need for a dedicated, General Assembly process continues to grow. Some other noteworthy that builds upon present and ongoing recent developments include: Secretary-General-led reforms to generate A resolution in August adopted by over international support for a more robust and 1,100 organizations at the 2018 UN NGO / coherent UN system, one that is better able to DPI conference included a respond to the challenges of the 21st century. recommendation to Member States to e campaign was “Advance people-centered multilateralism dealt a setback in by developing proposals to revitalize the August when a United Nations on the occasion of its 75th proposed General anniversary in 2020.” Assembly resolution A resolution at the October 2018 meeting of (in the context of the the World Federation of United Nations Ad Hoc Working Associations calls on “All United Nations Group on GA Associations and WFUNA to join the call Revitalization, for a UN2020 summit to serve as a catalyst AHWG) failed to for fundamental renewal, reform and generate consensus strengthening of the UN system . . .” around language that “Together First,” led by UNA-UK, was “called for timely launched November 11-13 at the Paris preparations for the Peace Forum. Supported by the Swedish seventy-fih Global Challenges Foundation, Together anniversary of the United Nations.” Opposition First is a worldwide network of scholars and came from Algeria, Indonesia and some other activists, generating substantive proposals members of the Non-Aligned group of states. for strengthening global governance and the e failure to obtain agreement on a mandated United Nations. preparatory process for 2020 also led to a loss On December 10, Spanish Foreign Minister of time. Oen it is the case with UN Josep Borrell, writing in El Pais, said that “ . conferences that these preparatory processes, . . We support the Secretary-General’s with discussions regionally, in national capitals efforts to make the UN a more useful tool in as well as at the UN, and including involvement the fulfilment of its goals. . . . In 2020 the of civil society, provide the necessary political UN turns 75 years old. at may be a good momentum for successful multilateral time to discuss at a summit some negotiations. e 2015 Sustainable institutional changes needed to enhance the Development Goals and the recent Global legitimacy and effectiveness, such as Compact for Safe, Orderly and Regular Security Council reform, to make it more Migration are two recent examples. representative and to limit the use of the Now, with less than two years before a vetoes of the great powers, or the

December 2018 page 11

establishment of a Parliamentary Assembly, 15 2018. e meeting set the direction for the thereby strengthening the role of civil UN2020 campaign’s support to civil society society and the democratic dimension of the mobilization in 2019 and 2020. multilateral system.“ Following this summer’s failure of the AHWG e PyeongChang Global Peace Forum 2019 resolution to deliver a mandate for a UN2020 will be held in PyeongChang, South Korea process, there is a need now for a stand-alone from 9 to 11 February, 2019 under the General Assembly resolution. At a meeting with theme “Agenda for Peace from NGOs on December 5th, the President of the PyeongChang to the World – PyeongChang General Assembly, Maria Fernanda Espinosa Appeal for Peace (PCAP) 2030.” e PGPF Garcés said that her first priority is the 2019 aims to make use of the momentum revitalization of the UN, to make it fit for created in the Korean Peninsula during the purpose, and that she has begun consultations PyeongChang Olympics in 2018 for peace- with a number of Member States about the building in Asia and to link peace to other need to begin preparations for the 75th UN global agendas. A follow-up global forum is anniversary summit. planned for February 2020. e UN2020 campaign looks forward to Importantly, over 70 civil society working with Ms. Espinosa, and the co- representatives participated in the “UN2020 facilitators that are expected to be appointed Information, Organization, and Strategy soon for a resolution leading to the proposed Meeting: Responding to Multilateralism in UN Summit in 2020. Crisis” that took place in New York on October R2P Update: UN SC side event and MENA trainings emphasize prevention by Marijke Kremin

On 24 October 2018, the Friedrich-Ebert- from the event, to be released in 2019, will Marijke Stiung, the International Coalition for the generate concrete action points ahead of the Kremin is a Responsibility to Protect (ICRtoP), and the UN Commission on the Status of Women Program Global Partnership for the Prevention of meetings in March 2019. Associate at Armed Conflict (GPPAC), working in In an effort to build the capacities of civil the partnership within the Prevention Up Front society representatives to better operationalize International Coalition for (PuF) Alliance, convened a side event to the the Responsibility to Protect in the MENA the annual UN Security Council (UNSC) Open (Middle East and North Africa) region, the Debate on Women, Peace, and Security (WPS). Responsibilit ICRtoP conducted trainings in Beirut, Lebanon y to Protect e event brought together a diverse group of in December 2018 on atrocity prevention and at the WFM- gender experts from across the globe to discuss RtoP. e trainings were conducted in IGP office in women’s roles in conflict and atrocity partnership with the Permanent Peace New York. prevention. e panel of experienced Movement (PPM) and took place on the practitioners discussed the benefits of and best margins of the assembly of the regional practices for integrating and including women configuration of the Global Partnership for the peacebuilders in prevention work. eir Prevention of Armed Conflict (MENA-PPAC). interventions reflected their own personal e trainings aimed to encourage CSOs to experiences in incorporating and increasing the further incorporate atrocity prevention lenses meaningful participation of women in peace into their programming, strengthen regional processes, to establish sustainable peace and networks and establish information-sharing build resilient societies. e need for gender- channels among actors at all levels, by building responsive mechanisms at all levels, especially the capacity of practitioners already working on when addressing root causes of conflict and conflict prevention and other linked creating space for communication, both development, human rights, and peace and through networks as well as official channels, security agendas. were also stressed. A forthcoming policy brief

December 2018 page 12 The ICC comes under attack – again by Yasmina Gourchane Yasmina On 10 September 2018, US National Security to the United Nations. During his tenure, he Gourchane is Advisor, John Bolton, speaking at a meeting of negotiated dozens of Bilateral Immunity the the right-wing Federalist Society in Agreements with states, both parties and non- Membership Washington DC, publicly denounced the parties to the Rome Statute. Under these and Outreach International Criminal Court. He called it a agreements the signing state would be obliged Associate at the Coalition creation of “self-styled global governance to surrender any US nationals wanted by the for the ICC, advocates,” and went on to announce that “the ICC back to the US government, not to the New York will use any means necessary to Court. Bolton was also part of the protect our citizens and those of our allies from administration when it effectively ‘unsigned’ unjust prosecution by this illegitimate court.” the Rome Statute, thereby underscoring its Two weeks later, in his address to the UN intent to never become party to the Court. Now General Assembly, U.S. President Donald back in government as National Security Trump reaffirmed this position, while also Advisor, Bolton has a stronger position from taking a harsh stand against multilateralism which he could initiate further action against and global institutions more generally. “We the ICC and those who cooperate with it. reject the ideology of , and we In November 2017, ICC Prosecutor Fatou embrace the doctrine of patriotism,” he said. Bensouda requested authorization to initiate an investigation into crimes allegedly committed in Afghanistan, as well as crimes allegedly committed related to the Afghan situation on the territory of other states parties to the ICC. e Prosecutor’s request asserts that there is a reasonable basis to believe war crimes and crimes against humanity were committed by the Taliban, as well as war crimes by members of the Afghan National Security Forces, US armed forces, and the CIA. Although the Pre-Trial Chamber has yet to grant a final decision authorizing the investigation, the US has continued to reiterate its unwillingness to cooperate with the ICC, with Secretary of State Mike Pompeo recently referring to the ‘rogue international court’ as an imminent threat to American sovereignty in a speech to the German Marshall Fund in early December. ese threats against the ICC extend beyond the current US administration. In late 2016, caption? Twenty years aer the signing of the Rome Burundi submitted its intent to withdraw as a Statute, the guiding document of the ICC, the state party to the Rome Statute, which took Court is facing not only criticisms of its effect one year later. Similarly, in response to performance and jurisprudence during its first the opening of a preliminary investigation into decades, but actual threats that could for crimes allegedly committed in the context of example impede its officers from making the Government’s ‘war on drugs’, the routine visits and reports to the United Philippines announced its intent to withdraw Nations. from the ICC, slated to take effect in March e Court is no stranger to criticism. Back in 2019. is wave of anti-ICC sentiment is also the early 2000s, John Bolton was part of felt at the United Nations, with states working President George W. Bush’s administration, to remove references to the Court and serving in a different capacity, as Ambassador international justice from resolutions of the Security Council, General Assembly and other

December 2018 page 13

committees. For example, in a recent plenary session on the ICC, states again stepped up to session of the General Assembly on recall the importance of the Rome Statute cooperation with regional institutions, Sudan system in maintaining international peace and called for a vote to remove references to the security, as well as its indispensable role in ICC and Rome Statute in a resolution on the granting justice to victims when domestic Council of Europe. systems fail. Despite the persistence of these threats, 2018 also marked the 20th anniversary of the support for the Court is sustained, primarily Rome Statute. e ICC Coalition kicked off because the ICC carries out its work as an the year with a launch event at the seat of the impartial international judicial body. Notably, Court in February, and with other civil society ICC Pre-trial Chamber III ruled earlier this organizations, called on States, the Court, year that the Court maintains jurisdiction regional organizations and other NGOs to do over crimes allegedly committed during the their part in commemorating the achievement time when a state was party to the Statute, that is the ICC. is resulted in numerous meaning that the Prosecutor can still pursue conferences, seminars and other media events an investigation into the situation in Burundi, that were held across the globe all year long. covering the period when Burundi was a state In many ways these threats to the Rome party. is ruling would also apply in the Statute system serve to remind us that the Philippines. And in the General Assembly, Court is worth defending. World leaders were states stepped up to block Sudan’s proposal, once able to act with impunity, with no fear of and voted to successfully retain mentions to repercussions when they committed grave the ICC in the above-mentioned resolution. international crimes. But the very existence of Many states and civil society organizations are this institution undermines such impunity. doing their part to thwart attacks on the ICC. e Court was conceived in a more idealistic At the General Debate of the 73rd session of time, and today faces a challenging road the General Assembly, mere days aer ahead. Yet now more than ever the world Bolton’s speech, nearly two dozen states needs institutions like the ICC to stand up for referred explicitly to the Court, underscoring victims of the most heinous crimes, and its absolute necessity in the rules-based global ensure a future that includes a robust system order. Weeks later, at a General Assembly of international justice.

Join Our Global Movement e World Federalist Movement - Institute for Global Policy has Member click here Organizations (MOs) around the world that are dedicated to spreading the ideas of to find a Member World Federalism. Currently our MOs are working on diverse issues such as raising Organisation support for the International Criminal Court, strengthening the European near you Constitution, creating a United Nations Parliamentary Assembly, and reducing small arms trafficking. In addition to the WFM Member Organizations and Associate Organizations, WFM-IGP’s programs CICC and ICRtoP also have thousands of members around the world. For more information on their members, please visit www.coalitionfortheicc.org and www.responsibilitytoprotect. org. WFM-IGP also welcomes your individual membership in our global efforts to promote the principles of international democracy, federalism, global governance and human rights.

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December 2018 page 14 European Identity - Fact or Myth? by Keith Best Keith Best is a member of the WFM-IGP Executive Committee.

From a speech by Keith Beat at the 28th European been brewing for a long time, but these changes Economic Forum: 4-6 September 2018 Krynica, have been disconcerting to some. Many societies Poland, “A Europe of Common Values or A Europe have been as unprepared for these changes as they of Common Interests?” have been for the increase in migration and that European values and interests are both evolving all fault must lie partly at the door of governments. So the time, as is the national identities of the states. much more could have been done by forward rough migration, changing norms of societal thinking politicians. Instead, many merely echo behavior, changes in religious affiliation, increased concerns over these trends, oen for short-term exposure to other values, cultures and cuisine, the political populist gain. profile of all our states is changing. For some of our If we look at common trends now in much of citizens, that is uncomfortable as the familiar Europe they include a demonstration of these territory of only a few years ago is now very sensitivities – a move to the political right and different. at has manifested itself in concern intolerance of migrants, especially asylum seekers, a about the unequal distribution of benefit through growth of nationalism and retreat into introversion globalization, scapegoating migrants and a reaction and a shi away from a belief in international co- to the multicultural society in which our citizens operation, including free trade, as a way of find themselves. ere is no doubt that the main improving the condition of the people. Increasingly, motivations for those who voted for Britain to leave these political views will come into conflict with the EU were not so much about the common rules religious ones – not least as all the major religions and regulations, but about a sense of embrace a welcome to the stranger and charity to disenfranchisement. the poor and needy. ere is always a counter-intuition about this ere are also the economic consequences of the debate as, on one hand, there is the fear of loss of financial confidence which could carry migration changing the established norms, habits contagion outside Europe. anks to the and way of life (oen stimulated through uncertainty over Brexit, the UK has seen business sometimes unconscious and subliminal but deeply investment decrease £22 billion from what it would seated racism) and, on the other hand, the have been – at a time when investment in recognition that migrant workers are essential in a infrastructure and training is so necessary for range of sectors. productivity. All this, coupled with arguably an Beyond economic considerations, the revolution in over-valued asset market, is a recipe for the recognition of discrimination against women forthcoming woe. e world, let alone Europe, and ethnic groups, and LGBTI rights may have cannot afford to have Europe implode.

December 2018 page 15

It is the fate and inelegance of most politicians true bile was meant to be directed against the always to be fighting today’s battles and problems European Court based in Luxembourg. with yesterday’s weapons and not able to anticipate I trust that I have given some explanation of what may come -- unlike Churchill who, in his European common values, especially in recent times, own words, tried to "peer through the mists of the but what of interests? ey, like values, have changed future to the end of the war,” once victory had been with the times. For most of the last millennium those achieved, and think about how to re-build and interests were in deep competition as different maintain peace on a shattered continent. countries vied with each other for global empires or We are asked to examine whether we have a Europe were consumed among themselves over territorial of Common Values or a Europe of Common and religious conflicts. It would have been difficult at Interests? is underpins another debate between any stage to discern a common interest. at religious values and political interests, which creates changed some seventy years ago aer those its own tensions. Can they be reconciled? Yet to ask countries, showing that common values were the question misunderstands the debate. Religious insufficient to avert conflict, discovered that the only values underpin most political philosophies even if way forward was to share a common interest in their provenance is not acknowledged. peace and trade. We now live in the greatest trading Europe has shown itself adept at formalizing and bloc in the world. Of course, that requires some enshrining those values that were so obvious to surrender of sovereignty but even the most civilized living in the wake of the World Wars. A nationalist of countries understands notable contribution was made by Sir David Maxwell that pooling sovereignty can lead to a greater, not Fyfe, a leading British Conservative politician who lesser, influence. had been one of the prosecutors at Nuremberg, who Security is a major common interest in combating was instrumental in draing a large part of the terrorism and cyber crime and requires enormous Council of Europe’s Convention on Human Rights. co-operation between security forces, the police, e scope of that treaty of course, encompasses 47 Interpol and sharing information. Moreover, if the countries, a far wider reach than the EU, stretching USA is serious about withdrawing more from from Albania and Armenia to Georgia, Turkey, Europe and concentrating on its Pacific hinterland Ukraine and Russia. It enshrines the common values then, increasingly, Europe will need to find its own of human rights, democracy and the rule of law. solutions. ese are matters requiring collective ese core values and their counterparts in the action and not state individualism. Universal Declaration of Human Rights may have We are living in an interconnected world in which had their roots in Judaeo-Christian philosophy but communications, transportable skills and, indeed, they were enshrined in secular language and are now cyber attacks do not respect national boundaries. accepted as norms that have a global reach. It is true is is not a time for separation but for coming that the East produced a different strand of thought together and exploiting what we have in common in Confucianism and authoritarianism which is now rather than what divides us. challenging the utility of democracy in providing ere will continue to be many areas in which wellbeing for the people. It is true, also, that the common interests will not prevail and it is wrong to concentration on individual rights and try to impose unanimity. Sometimes foreign affairs responsibilities is different from the greater regard and certainly much domestic policy will not have a given to collective groups but respect for the dignity universal common interest. Aer centuries of internal and safeguarding of the individual is now interwoven conflict, however, oen drawing in much of the rest with concepts of rights for groups. of the planet, the creation of a Europe of common It remains alarming that there are still so many interests has been one of the greatest achievements in people who cannot distinguish the Council from the the world. It is a precious jewel that we must keep and EU. Arguably, in the UK, one of the greatest develop at all costs. For the sake of ourselves and our arguments for Leavers was the desire to regain children we must rebuild trust in international co- sovereignty and much anger has been directed operation and institutions otherwise both humanity against the European Court of Human Rights in and our environment will pay the price. Strasbourg (the creature of the Council) when the

December 2018 page 16 World Federalist Reading

In Supranational Political Economy: e Globalisation of the State–Market Relationship, Guido Montani argues for a supranational approach to global governance that will be a better balance between politics and economics. In making his argument, Montani covers the birth and development of international political economy from Bretton Woods through globalization, including current disorder and crises. A supranational approach would follow the principles on which European political and economic integration was built. e system suggested by Montani would accelerate the convergence of rich and poor countries in the aim of a more sustainable global system, while considering globalization and the current ecological challenges as both causes of social discontent and an opportunity. e book demonstrates how a ‘supranational’ world order enables us to view globalization, world capitalism, and the ecological crises as processes that can be governed. In postwar Europe nation states that had been enemies began a process of integration which led to the abolition of inter-European national borders. With supranational global governance, the same, it is suggested, could be achieved in the global system. Supranational Political Economy: The Globalisation of the State–Market Relationship (Series: Routledge Frontiers of Political Economy) Guido Montani Routledge, August 2018

It has been over ten years since the international community adopted the principle of the Responsibility to Protect (R2P), "a political commitment to end the worst forms of violence and persecution. It seeks to narrow the gap between Member States’ pre-existing obligations under international humanitarian and human rights law and the reality faced by populations at risk of genocide, war crimes, ethnic cleansing and crimes against humanity" (United Nations). However, these pledges to support the R2P principle have failed or oen been ignored. In e Responsibility to Protect: From Promise to Practice, Alex Bellamy and Edward Luck examine this question by looking past the United Nations and individual states and at the bigger picture of who is present when conflict-affected and other vulnerable populations are at risk. Bellamy, director of the Asia Pacific Centre for R2P and a professor at the University of Queensland, and Prof. Luck, former Special Adviser to the Secretary-General on the Responsibility to Protect and currently at the University of San Diego, are well placed to investigate what would be the best, next approach. In the end, Bellamy and Luck suggest that short-term policies to address emergency situations be combined with policies that will enable longer term change. ese are the key to avoiding future crises of the sort we see currently in Syria and Libya. The Responsibility to Protect: From Promise to Practice Alex J Bellamy and Edward C Luck Polity Press, November 2018

e book Anthropocene is part of e Anthropocene Project, a "multidisciplinary body of work combining fine art photography, film, virtual reality, augmented reality, and scientific research to investigate human influence on the state, dynamic, and future of the Earth." Utilizing photographs from Edward Burtynsky that are also part of the exhibition, the book includes essays from the authors and others. e major museum exhibition was at Art Galleries in Toronto and Ottawa, Canada during 2018 and also will open at Manifattura di Arti, Sperimentazione e Tecnologia (MAST) in Bologna in the Spring of 2019. e film, which has been playing in Canada, will have its international premiere at the 2019 Sundance Film Festival. Further details and content can be found at theanthropocene.org. Anthropocene Edward Burtynsky with Jennifer Baichwal, and Nick de Pencier Steidl, November 2018

December 2018 page 17 A Tribute: Joseph E. Schwartzberg,1928 – 2018 by Nancy Dunlavy, Director, The Workable World Trust nuanced. He transcribed those to me on the spot. I marveled at his mastery of the use of words to make a point and move ideas forward. Mid-aernoon we would have a tea and ginger cookie break. is was the time that I heard many stories about Joe’s life, and learned that he had quite a sense of humor. How I now wish that I had taped those sessions! In the midst of these now-treasured aernoons, Joe would need to change his oxygen tank, or find a cough drop, or replace the batteries in his hearing aids. ose distractions were bothersome to him, and he basically kept working throughout. And then, at the end of a very long aernoon, as if he had Joseph E. Schwartzberg, Distinguished International Professor never said it before, he would exclaim “I think we got some Emeritus at the University of Minnesota (USA), died on important things accomplished today.” Indeed, Joe! Indeed! September 19, 2018, at the age of 90. He was an intellectual activist leader in the World Federalist Movement, having Here are excerpts from just a small sampling of the condolence significant impact at the local, national and international messages received by Joe’s family: levels. His outstanding book Transforming the United Nations System: Designs for a Workable World was published in 2013 Bill Pace by the United Nations University Press and is one of the classic Joe was one of the finest advocates for peace and justice and the rule of law in texts in the body of literature generated by our World international affairs in our Movement. He spent decades wrestling with the Federalist Movement. challenges and working on viable proposals. His work on democratic global I knew Joe for the last sixteen years from our collaborative governance will be recognized for years to come. … I will be forever inspired work in the Minnesota peace and justice community. I had the by the extraordinary courage, dignity and honesty Joe demonstrated in his last distinct privilege of working with him on an almost-daily basis years of life. for the last four years, first as Administrative Assistant and Richard Ponzio then as Director of the Workable World Trust, which he had Joe has been a thought leader and generous benefactor of our movement, but created in 2014. Rather than reciting here Joe's many life it's his compassion, sincerity, limitless curiosity and appetite for new accomplishments (see https://www.workableworld.org/about- scholarship, quick wit, and sense of humor that will be most remembered the-author.html), I would like to give you a peek into “A Day in among his friends and closest collaborators. the Life of Joe Schwartzberg.” Andreas Bummel I would arrive at Joe’s home most weekday aernoons just aer Joe had a razor-sharp mind and to the end he kept considering ideas and lunch. If we had had any “days off” since our last work day, he would tell me what he had been reading or what filing or projects that can help bringing the world on a better path. Joe was not only an writing he had finished since I last saw him. I do not believe outstanding academic, but he followed his words with deeds. that Joe had any ability to just relax! Maria Florencia Gor ere were many days when he was excited about a new idea Despite the challenging and frightening nature of our times, Joe always struck that came to him in the middle of the night. He wouldn’t just a balance between optimism and realism. He stands as an inspiration for us to tell me the idea; he would insist that we sit down right then continue to fight for our cause with a renewed strength, carrying on his and take action on it, such as write an opinion piece for the commitment to make a more just world. New York Times about a “global Marshal plan” for Syria, or Chris Hamer send email messages to the deans at local universities to set up Joe was an outspoken and enormously courageous spokesman and flag bearer a date to create a “Twin Cities global governance and world for our whole movement worldwide. The Workable World Trust which he set up citizenship consortium.” in recent years continues his legacy, and provides crucial support for a number Aer these middle-of-the-night brainstorm ideas had been of our causes. handled, Joe would ask me “What’s on your agenda?” I learned Research Network [tweet]: very quickly that I’d better have my topics in priority order, because he wasn’t going to listen to my entire list. He would [Joe was] a highly systematic thinker on world order/government who offered want to handle whatever I first mentioned. some of the most sophisticated treatments of how democracy on a global scale might actually be operationalized. His 2013 book Transforming the United ose of you who have received email messages from Joe Nations System is a very instructive read. know how each one was beautifully composed, poetic and

December 2018 page 18

Making Effective Use of Existing Legal Obligations in the Face of Atrocity Crimes based on Remarks Delivered in the UN Trusteeship Council by Professor Jennifer Trahan, New York University, October 22, 2018 As we commemorate the 70th anniversary of the adoption of with what was negotiated in San Francisco? Are they in line the Genocide Convention, the international community has not with the UN Charter? ere is no indication that they are. done well in ensuring that “never again” means “never again.” For the last twenty years, there have been a number of ere are three current challenges to addressing the crimes of initiatives calling for voluntary veto restraint in the face of genocide, crimes against humanity, and war crimes. e genocide, crimes against humanity, and/or war crimes. ese political landscape is growing increasingly less tolerant of started with the report of the International Commission on pursuing accountability. And although there is a general Intervention and State Sovereignty and have continued with agreement that the international community bears a the work of the “Small Five” group of states (Costa Rica, responsibility to protect (“R2P”) against atrocity crimes, in Jordan, Liechtenstein, Singapore, ), the French- situations such as Syria, there has been no responsibility shown Mexican initiative (now endorsed by 101 states), and the ACT and no protection. And there has been extensive use of the veto group of states’ Code of Conduct. by at least some permanent members of the United Nations ese represent twenty years of agreement that use or threat of Security Council. use of the veto in the face of atrocity crimes is problematic. As to how to strengthen support for international justice in an However, they are all framed as “so law” legal obligation—as a increasingly hostile landscape, I will simply ring the warning Code of Conduct or “political declaration.” Moreover, three of bell that the field appears to be facing increasing challenges and the permanent members of the Security Council have not needs the support and engagement of those states and joined any of these initiatives. individuals still committed to it. ree arguments support the conclusion that there are legal Over the last twenty years, we have seen the responsibility to limits to the use of the veto power in the situations discussed: protect grow into a broad doctrine, encompassing a 1) e veto power derives from the UN Charter, which is “continuum of prevention, reaction and rebuilding,” and subsidiary to jus cogens norms. us, a veto that violates jus formulated in terms of three pillars of responsibility: that states cogens norms, or permits the continued violation of jus have primary responsibility to protect their population, that the cogens norms, would be illegal or ultra vires. international community will assist states to meet that obligation, and that other states will step in when such 2) e veto power derives from the UN Charter, which protection is not provided. states that the Security Council “[in] discharging [its] duties” “shall act in accordance with the purposes and Too oen people speak of R2P as if it is optional, a nice moral principles of the United Nations.” A veto in the face of a aspiration, but nothing more. In fact, there are hard law legal credible dra resolution aimed at curtailing or alleviating obligations underlying R2P. the commission of genocide, crimes against humanity or Under the Genocide Convention, Article 1 imposes an war crimes does not accord with these principles. obligation to “prevent and punish” genocide. e obligation to 3) A permanent member of the Security Council that “prevent” depends on means. In this regard, countries with utilizes the veto power also has other treaty obligations, particular ties or particular positions of influence, or ones such as those under the Genocide Convention. A intervening in a situation, would have particularly strong Permanent Member’s use of the veto that would enable obligations of due diligence. genocide, or allow its continued commission, would violate ere is also the obligation to “punish” genocide in Article 1 of that state’s legal obligation to “prevent” genocide. the Convention. To move forward on R2P, we need to remind ourselves that e International Court of Justice has recognized the obligation there are legal obligations underlying it. ese remarks are not of third states to ensure respect for the Geneva Convention. solely addressed to states on the UN Security Council, but also Next is the issue of the use of the veto power by certain member states of the General Assembly and individual states in permanent members of the UN Security Council in the face of their bilateral relations. Are you doing all possible to “ensure” genocide, crimes against humanity, and war crimes. these protections? at is what is required by treaty obligations. Veto use has been mixed in the past. e US, UK, and Why did R2P play virtually no role related to the situation in used the veto related to apartheid-era crime, although Syria? It was blocked by veto use in the face of atrocity crimes. I sanctions were ultimately imposed. In the case of , suggest a critical look at whether unlimited veto use in the face there was no veto, but permanent members displayed no of genocide, crimes against humanity and war crimes accords particular interest in taking action. Periodically, the US has with the UN Charter and international law. used the veto in reference to , for various reasons. ere is One could even imagine the General Assembly requesting an also the threat of a veto, or 'silent veto,' that results in a lack of advisory opinion from the International Court of Justice on timely response, for example in situations in Darfur, Sri Lanka, this issue: “Is unrestrained veto use in the face of genocide, and Myanmar. And there have been twelve vetoes related to the crimes against humanity and war crimes in accordance with situation in Syria. international law?” I will end with that thought. In all these situations, I ask: are these kinds of vetoes in line

December 2018 page 19 i CC u P d aT E

By Monique Cuillerier e International Criminal Court is currently engaged in ten Darfur, Sudan preliminary examinations, has eleven situations under ere are four current cases concerning the situation in investigation, and is pursuing 26 cases that involve 42 Darfur, Sudan. e suspects in all of the cases -- Ahmad defendants. Harun, Ali Kushayb, Omar Hassan Ahmad Al Bashir, Abdallah Banda Abakaer Nourain, and Abdel Raheem Muhammad e preliminary examinations are currently being conducted Hussein -- remain at large. in Afghanistan, Bangladesh/Myanmar, Colombia, Guinea, Democratic Republic of the Congo Iraq/UK, , Palestine, the Philippines, Ukraine, and In 2012, omas Lubanga Dyilo was convicted and sentenced Venezuela. to 14 years of imprisonment. In December 2017, a decision set A preliminary examination of acts allegedly committed in the amount of his liability for collective reparations at Gabon resulted in a decision not to proceed as there was not "a US$10,000,000. Implementation of the collective reparations reasonable basis to believe that the acts allegedly committed in decision remains pending. Gabon in the context of the 2016 post-election violence, either e trial of Bosco Ntaganda began in September 2015 and by members of the opposition or by the Gabonese security closing statements were made in August 2018. Ntaganda is forces, constitute crimes against humanity within the meaning accused of 13 counts of war crimes, and five counts of crimes of the Rome Statute of the ICC." against humanity. Deliberations continue and the Court's decision will be made in due course. Central African Republic (I) Referred to the Court by the Government of the Central Sylvestre Mudacumura, for whom an arrest warrant was issued African Republic in 2004, Jean-Pierre Bemba Gombo was in 2012, remains at large. found guilty of crimes against humanity and war crimes in Georgia March 2016. In early June 2018, the Appeals Chamber decided An investigation into crimes allegedly committed in and to acquit him because they found the trial court had around South Ossetia, Georgia in 2008 was begun in January erroneously convicted Bemba of specific acts outside the scope 2016 and continues. of the charges and erred in its assessment of whether he took all Libya necessary and reasonable measures to prevent or punish his e cases of Mahmoud Mustafa Busayf Al-Werfalli, Saif Al- subordinates of the other crimes involved. Islam Gaddafi, and Al-Tuhamy Mohamed Khaled remain pending as they all remain at large. Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean- Jacques Mangenda Kabongo, Fidèle Babala Wandu and Kenya Narcisse Arido were found guilty of offences against the Arrest warrants for Walter Osapiri Barasa, Paul Gicheru and Philip Kipkoech Bett for various offences against the administration of justice. Appeals resulted in new sentences for administration of justice remain outstanding. Bemba, Mangenda and Kilolo in September 2018. Bemba was sentenced to one year imprisonment and fined EUR 300 000, Mali Kilolo and Mangenda were each sentenced to eleven months In September 2016, Ahmad Al Faqi Al Mahdi was found guilty of the war crime of intentionally attacking historic monuments and imprisonment. Kilolo was fined EUR 30 000. All were credited religious buildings and was sentenced to nine years with time spent in detention and as a result the imprisonment imprisonment. e Reparations Order became final in March portion of their sentences are considered served. e fines are 2018. Al Mahdi was found liable for EUR 2.7 million. to be paid by mid-December 2018, three months aer the decision, and transferred to the Trust Fund for Victims. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud was surrendered to Court's custody at the end of March 2018. A Central African Republic (II) confirmation of charges hearing is the next step. In May 2014 the Government of CAR referred this situation, which focuses on alleged war crimes and crimes against e case against Joseph Kony and Vincent Otti remains humanity committed since 1 August 2012, in the context of the pending as they are still at large. conflict between Muslim Séléka and Christian anti-balaka e trial of Dominic Ongwen began in December 2016 and the groups. Defence is currently presenting its evidence. Over 4000 victims An arrest warrant was issued on November 11, 2018 for Alfred have been granted the right to participate in the trial. Yekatom and he was surrendered to the Court on November Other 17. An initial appearance before the Court is the next step in To date, 123 countries have ratified the Rome Statute of the the case. International Criminal Court, which marks its 20th Côte d’Ivoire anniversary in 2018. e trial of Laurent Gbagbo and Charles Blé Goudé began in Last year's Assembly of States Parties meeting included the January 2016 and continues. Both are accused of four counts of adoption of a consensus resolution on the activation of the crimes against humanity. e case against Simone Gbagbo jurisdiction of the Court over the crime of aggression, as of 17 July remains at the pre-trial stage as she is still not in the custody of 2018. is year's ASP took place in early December in e Hague. the Court. page 20

International Relations Theory and World View Urs Thomas is the by Urs Thomas founder of EcoLomics International From an international relations (IR) correlations; perspective, the high and increasing rate of Sensors along with voice or vision change in diverse fields, whether in science and recognition systems combine for uses such technology, international politics and as quality inspection; and commerce, or the related turbulence in the job market, the twenty-first century is striking. so-called autonomous AI integrates these However, the traditional way of classifying IR other three waves for purposes such as research into particular schools of thought has controlling driverless vehicles. remained stable: one of the main In the case of AI, the key challenge is the categorizations divides the field into four rapidity with which these technological approaches: Marxism, Liberalism, Realism, upheavals are taking over important and Populism. determinants of labor markets. Given this situation, it is significant that the e other new issue is climate change, which is journal Foreign Affairs (FA, July-August 2018, emerging as the overriding IR issue that forces Volume 97/4) has produced a succinct humanity to come to terms with its anthology exploring the above-mentioned intergenerational responsibilities. Climate- approaches by well-known proponents of each. related refugees, linked to desertification, Notably, the overviews are not limited to the inundations, wild fires, hurricanes, or sea level expected approaches, adding two novel and rise, need to be considered. IR debates innovative approaches which are given the increasingly have to include discussions of the same treatment as the traditional ones: ‘Tech impacts of the technological, infrastructure World,’ and ‘Warming World.’ Foreign Affairs and energy-related societal choices that have elevates these areas to being autonomous IR been made. In the case of climate change, the approaches in their own right. is is a key IR challenge consists in the political and commendable initiative, that demonstrates a financial dimensions of reconciling the recalibration of the IR domain. It promises to sacrifices of individual countries and global exert a positive influence on international benefits. Unfortunately, so far the willingness cooperation and innovation within both the of industrialized countries to assume their traditional and newly added areas. share of the burden that corresponds to their is compact anthology of contemporary IR historical contributions is dim. Even the thinking is also important because of the pragmatic and modest commitments of the stature of Foreign Affairs -- it has been one of Paris Accord are not being met. the most important and successful IR In conclusion, these comments are part of a publications featuring mostly senior academic movement calling for a widening of IR debates researchers, for close to a hundred years. that have, in the past, tended to concentrate on ese two new schools of thought are cleavages between the two general perspectives significant in various ways. e technology of nationalism/populism vs focus concentrates on the digital revolution internationalism/multilateralism. In this including artificial intelligence (AI), big data, context, World Federalists have long supported and robotics. is discourse is still emerging, the need for institutional reforms and a but the research has already made advances in strengthening of multilateral institutional four technology waves that are developed in infrastructure. Last but not least, the title of parallel: this FA anthology “Which World Are We Living In?” recognizes that we are choosing Internet: AI is largely built on digitally our analytical IR background according to our collected users’ data that is labelled and world view and this broadening of the available used for marketing purposes; choices has in turn expanded the available Algorithms in fields like banking or intellectual frameworks by half. medicine detect previously unseen

December 2018 page 21

CNAP Update: First progress report and and an ambassador for women, peace and security by Monique Cuillerier On November 1 the Government of Canada As with progress reports related to the first Monique launched Canada’s second National Action Plan National Action Plan, there are some issues and Cuillerier is on women, peace and security (CNAP), which is outstanding questions with the report. In the WFM- for the period from 2017 to 2022. e first main body of the report, overall objectives are Canada’s progress report, which only covers November 1, given ratings (such as 'mostly on track') but no Membership 2017 to March 31, 2018, was tabled in the House methodology for these ratings, or indeed specific & of Commons at the end of September. targets for the objectives, are given. In specific Communication s Director e main part of the progress report summarizes areas, as well, there are vague statements (for the work done by various government partners example, saying that there are accountability to address Canada’s commitments to: increase gaps in the area of sexual assault in peace the meaningful participation of women in operations but not saying what they are or what conflict prevention, resolution, and post-conflict exactly is being done). However, overall more situations; address sexual and gender-based effort and thoughtfulness has been put into this violence in conflict and as perpetrated by report than previous ones and the extent of peacekeepers and humanitarian and information provided, especially in the annexes development workers; promote human rights is appreciated. and gender equality in fragile, conflict and post- Additionally, the progress report reiterated conflict settings; provide access to sexual and Minister Freeland’s September announcement of reproductive health services and other specific the creation of an Ambassador for Women, needs of women and girls in humanitarian Peace and Security, along with an office to situations; and build capacity in peace support the position. Earlier, Liberal Member of operations in the service of advancing the Parliament Borys Wrzesnewskyj had introduced women, peace and security agenda. a private members’ motion calling on the e government partners that contribute to the government to develop a plan to appoint a CNAP are Global Affairs Canada, the Women, Peace and Security Ambassador and Department of National Defence and the had, indeed, held limited consultations on the Canadian Armed Forces, the Royal Canadian plan over the summer. Wrzesnewskyj's motion Mounted Police, Status of Women Canada, calls for the Ambassador to have a range of Crown-Indigenous Relations and Northern responsibilities, including promoting research Affairs Canada, Indigenous Services Canada, the relating to conflict and conflict resolution, Department of Justice, Public Safety Canada, and initiating and promoting national policies and Immigration, Refugees and Citizenship programs related to the reduction and Canada. Specific departmental progress prevention of conflict and the empowerment of reports are available from each of the partners. women and girls; encouraging the development ese departmental reports vary in the depth and of gender and peace-based initiatives by extent of reporting, largely due to their varying governmental and non-governmental entities; engagement with women, peace and security. leading the implementation of the Canadian National Action Plan on Women, Peace and e inclusion of Crown-Indigenous Relations Security and assessing the annual progress and Northern Affairs Canada and Indigenous reports; and promoting gender equality in Services Canada marks a new consideration peacebuilding and peacekeeping. within the CNAP of Canada’s domestic situation. eir shared departmental progress report ends e Women, Peace and Security Network - by saying, “As Canada learns from these Canada, of which WFMC is a member, has long experiences domestically, it will also continue to recommended such a position and eagerly awaits improve its capacity to respond to similar further information about the position and what challenges faced by women and girls abroad.” responsibilities the Ambassador will have.

December 2018 page 22 BRanCh nEWS

WFMC Annual Members Meeting and PeaceQuest Montreal events e branch continues to host coffee and discussion meetings on e weekend of November 10th and 11th was a busy one for current events topics such as sanctions against Venezuela, World Federalists at a series of events held in Kingston in cryptocurrency, and the Mali peacekeeping mission. conjunction with PeaceQuest. As well, the Marie-Berthe Dion Issues Action Group (IAG) meets to discuss and write letters to request government action on items such as a national strategy to combat marine plastic pollution and the International Criminal Court's preliminary investigation in Myanmar and Bangladesh regarding the genocide against the Rohingya. In September, members from the branch participated in a Peace Day tree planting, lunch, and then a talk from Monique Cuillerier, of WFMC's National Office, on feminist foreign policy. As part of McGill Community for Lifelong Learning, Scott Cooper led ten group sessions on e Parliament of Man. e last class included WFMC Board Chair John Trent speaking on United Nations reform

Paul Rogers receiving with WFMC's World Peace Award Toronto e Toronto branch recently held their annual general meeting. On Saturday, November 10th, PeaceQuest hosted “Imagining John Daniele is now the branch president. Following the AGM, Peace: A Vision for Canada," which included a keynote address WFMC National President Walter Dorn gave a presentation. by Paul Rogers. Rogers was also presented with WFMC's World Toronto Branch members represented WFMC at the Peace Award and a reception was held in his honour. international conference “No War 2018” in Toronto in e WFMC Annual Members Meeting was held on November September. During the summer, Richard Horlick led a discussion 11th. A number of new members were welcomed to the Board, on the proposed United Nations Parliamentary Assembly. including Scott Cooper, John Daniele, Erika Richter, Laura e Branch has launched a web site, https://wfmc-toronto.org/. Schnurr, Zac Myers, and Ian Waddell. Victoria Also on the 11th, some WFMC members joined PeaceQuest's event, “e World Remembers: An aernoon for peace," a e Victoria branch has hosted talks on a variety of topics. In Remembrance Day event marking the centenary of the 1918 January, Dr. Mary Wynne Ashford spoke on "North Korea and the USA: Empty Rhetoric or Nuclear reat". Dr Ashford armistice and "designed to help participants reflect on the participated in the Vancouver Summit on North Korea. tragedy of war and imagine how we can contribute to building peace." In April, Green Party leader Elizabeth May spoke on "Is Canada Back?" with her personal assessment of how Canada is PeaceQuest is a non-profit, non-denominational, and non- performing on the international stage. Her talk covered a range partisan organization that supports and facilitates peace-building of issues, including climate change. initiatives across Canada. PeaceQuest is a project of the World Michael Wheatley gave a presentation in September on the topic Federalist Foundation. "Voting Systems and Your Future" about proportional Warren Allmand Lecture Series representation versus first past the post and included a detailed explanation of the different proportional representation systems. In October, the inaugural lecture in the Warren Allmand Lecture In October, Guy Dauncey spoke about "Crisis Passion and Series was held in Montreal, with more than 250 people Action: e Climate Crisis Needs You." e talk was followed by attending. John Ralston Saul spoke on the topic, “e Fight for a brainstorming session to identify actions individuals can take Freedom of Expression Around the World: A Personal Account.” to spur politicians to address the issue. Ralston Saul is President Emeritus of PEN International and the author of many books, including Voltaire’s Bastards and e Vancouver Unconscious Civilization. In November, WFMC Board Member Ian Waddell launched his e Warren Allmand Lecture Series will be an annual event latest book, Take e Torch: A Political Memoir at the Vancouver celebrating Warren Allmand’s life and achievements and the Art Gallery, about his life as a lawyer, an NDP Member of causes he espoused through a lecture given by a prominent Parliament, a provincial cabinet minister, and a film producer. Waddell endeavours “to pass on some of the lessons I learned Canadian. Former president of the World Federalist Movement – about setting goals for social change and the methods to use to Canada (2004-2016), as well as the recipient of WFMC’s World get there … debating, protesting, and marching, ... writing op-ed Peace Award (1990) and a member of the World Federalists since pieces for newspapers, getting elected, taking on prime ministers, 1961, Allmand had a long career as a politician as well as a dictators and kings, grabbing maces, lobbying diplomats in the supporter of social justice and human rights. lobby of the United Nations, and bucking your own party.”

December 2018 page 23 The United Nations and Canada: A Question of Leadership by Monique Cuillerier In the fall of 2018, WFMC published the most recent 1) Keeping the peace. Monique publication in the United Nations and Canada series, Maintaining international peace and security is the Cuillerier is focusing on “What Canada Could and Should Do at the UN’s primary purpose. But Canada’s contributions WFM- United Nations 2018: A Question of Leadership.” to peacekeeping have been late, and disappointingly Canada’s is edition is a response in part to Canadian below what has been promised. In March 2018 government interest in pursuing a term on the UN Canada announced that it would deploy up to 250 Membership Security Council. In March 2016 Prime Minister personnel to Mali, well below the 600 military & Trudeau announced Canada’s intention to seek election personnel and 150 police promised for UN Communication to a two-year term (2021-22). Canada is in a three-way operations in August 2016. Meanwhile the Canadian s Director race, competing against and Ireland for two “Quick Reaction Force” and deployments of seats assigned to the Western European and Other additional police peacekeepers are nowhere to be Group of States (WEOG). seen. e publication begins with an open letter addressed 2) Sustainable Development. to Prime Minister Justin Trudeau and Foreign Minister In September 2018 a report by the Paris-based Chrystia Freeland from WFMC Board Chair John Trent, Organization for Economic Co-operation and who is also the editor of the UN and Canada series. Development (OECD) warned that the Trudeau In the letter, Trent writes, “… the world is in economic, government’s record on foreign aid spending is social and political turmoil that is putting pressure on weaker than that of the Harper administration. international organizations. It requires countries like Mr. Trudeau’s latest promise of an extra $2-billion Canada to mobilize coalitions of actors and civil society for foreign aid over the next five years will fail to to renew the international system. e objective of this restore Ottawa’s aid spending to where it was in booklet is to encourage your Government to return to 2012. Canada’s official development aid has declined your two goals of reengagement and leadership on the to 0.26 per cent of gross national income, compared world stage before it is too late.” with 0.31 per cent in 2012 under the Harper “With regard to reengagement with the United Nations, government. the Liberals said Canada would enhance its participation What Canada Could and Should Do at the United in peacekeeping, welcome refugees and immigrants, Nations 2018: A Question of Leadership is available at combat global warming, increase aid to the poorest in unitednationsandcanada.org for free electronic developing countries, protect women and children in download. (Paper copies can be ordered for $15 through conflict, furnish humanitarian aid following natural the site.) catastrophes, change the approach to the Israeli- e articles cover a broad range of areas in which Palestinian conflict, promote human rights and rebuild Canada could, should, or does show leadership: bridges with the international community.” Refugees: A Test of Political Will and Resilience (Lloyd “ere is also the question of UN renewal to achieve Axworthy) these ends. Your speeches on diversity, optimism, openness and tolerance were applauded around the Development assistance: is 0.7% possible? (Aniket world. But clearly we must move beyond words to Bhushan and Yiagadeesen Samy) greater action.” Canada as a leader in world affairs (Andrew Cohen) e Security Council is the United Nations’ most Making the Shi: Canadian momentum for “Sustainable powerful body, with “primary responsibility for the Common Security” (Robin Collins) maintenance of international peace and security.” Five Canada needs Africa to gain seat on Security powerful countries (China, France, Russia, United Council (Jocelyn Coulon) Kingdom, United States) sit as “permanent members” Strengthening multilateral capacity for LGBTI along with ten elected members with two-year terms. communities (Monique Cuillerier) Since 1990, the Council has dramatically increased its activity and it now meets in nearly continuous session. It Canada and Saudi Arabia – some UN implications dispatches military operations, imposes sanctions, (Ferry de Kerckhove) mandates arms inspections, deploys election Peacekeeping Promises: Kept or Broken? (Walter Dorn) monitors and more. Organizing to put Canada back in the International When others assess a country’s candidacy for election to game (Daniel Livermore) the UN Security Council, their decisions are based in From leader to laggard: the shocking demise of large part on that country’s contribution to the UN’s Canadian disarmament diplomacy (Peggy Mason) goals and purposes. Securing human rights (Laura Schnurr) Norway and Ireland are two states that make significant Ideas for United Nations renewal (John Trent) and consistent contributions to the work of the UN. But an examination of Canadian contributions to maintaining Mobilizing for UN reform (Fergus Watt) peace and security and to reducing poverty indicate that Canada’s Feminist Foreign Policy: Will It Travel to New this country’s record leaves a lot to be desired. York? (Beth Woroniuk) page 24 Join the World Federalist Movement... name: Or by becoming a monthly donor Email: You can authorize us to make automatic monthly address: deductions from your bank account or credit card. You Postal Code: can change or cancel your monthly plan donations By becoming a member… any time, by phone, fax, or e-mail. c Contributor – $200 c household – $90 Choose one of: WFM–Canada c or c individual – $60 c limited income – $15 World Federalist Foundation c (tax receipt at year end) Membership in the World Federalists entitles you to Choose your monthly gift: c $100 c $50 c $20 c receive the bulletin Mondial, and to membership in $15 c $10 or $ ______the international World Federalist Movement – name institute for global Policy. 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Your donations keep us going The World Federalist Movement – Canada (WFMC) provides a context where individuals committed to world community can meet, learn, advocate and support the changes needed to progressively shape a more peaceful, democratic and just world legal and political order. WFMC and its sister organization, the World Federalist Foundation (WFF) receive no ongoing financial support from government. We rely on donations from individual Canadians to sustain the organization and its programs. You can donate online or by mail (c/o 110 – 323 Chapel St. Ottawa On, K1S 2W2). Monthly Plan. Many world federalists find that small monthly contributions are an easier and more convenient way to support world federalism, by authorizing WFMC or WFF to make automatic deductions from your bank account or credit card on a monthly basis. You can change or cancel your monthly plan donations at any time, by phone, fax or email. instructions are at www.worldfederalistscanada.org.

World Federalist Movement - Canada 110-323 Chapel St Ottawa, ON Canada K1N 7Z2 40011403 www.WFMCanada.org December 2017