UN REFORM

S T U D Y G U I D E

T A B L E O F C O N T E N T S

1 ) L E T T E R O F T H E S E C R E T A R Y G E N E R A L

2 ) L E T T E R F R O M T H E C O M M I T T E E C H A I R

3 ) I N T R O D U C T I O N

4 ) H I S T O R Y & O R I G I N

5 ) P A S T R E L E V A N T C A S E S

6 ) D I V I S I O N O F T H E U N S C

7 ) A M E N D I N G T H E U N C H A R T E R

8 ) I N T R O D U C T I O N T O C R I S I S

9 ) Q A R M A S

1 0 ) B I B L I O G R A P H Y 0 1 Letter from the SecGen

Dear Delegates and Faculty Advisors,It has not been too long since Casuarinas .

The impact of the COVID-19 pandemic and ensuing quarantine that have paused economic and social activities in our country have represented a challenge for the organization and execution of Casuarinas Model UN. However, because of the effort of teachers and students from our school, we were able to adapt our project and systems in order to make an online conference possible.

This is why I would like to thank all the directors, assistant directors, and volunteers that offered to willingly share their time with us to host the different committees, developing comprehensive study guides for all the committees, and assisting with the inner organization of the whole conference. Finally, I would like to point out that as an MUN conference we deeply encourage all delegates to participate actively in the debate, and learn as much as possible in these two days. If any delegate has doubts regarding schedules or online meetings, feel free to ask CASMUN staff.We will look forward to having your presence at the Conference!

Mickaella Ramos [email protected] 0 2 Letter from the Chair

Dear Delegates, My name is Kiyomi Murakuki, It's my pleasure to welcome you all to the Emergency Committee for the Reform of the United Nations! Just to tell you a little bit about myself I`m a first- year Law student at Universidad de and I plan to complement my studies later on with a degree in Psychology. Other than that, I enjoy reading and exploring different types of books while eating my favorite foods. I started doing MUN back in 2017 with my school's delegation and I've participated in different conferences throughout my high school years. I now belong to Peruvian Debate Society where I had the opportunity to travel to for HNMUN LA 2020 and had an amazing experience.

Ever since I started learning about international politics I`ve always questioned the fact that many times the United Nations does not provide solid solutions despite having as the main principle to keep international peace and saving future generations from war, and now that I have the opportunity to share this topic with you I really hope you enjoy it as much as I do.

Remember that the study guide is just the basis of your research and you shouldn't stay with this information only! I have included Suggested Research Material just above the references so 0 3 That your research process is a little bit easier. There are some things that I really don't enjoy during debate which are: lack of content and repetitive speeches. I do enjoy speeches that are different (but that aren't out of line) and passion in every single move that you make (It is completely fine to be disruptive but never go too far).

I would be looking for passionate delegates who manage to create and lead solutions with a competitive spirit always keeping in mind the importance of diplomacy and patience towards everyone in the committee. Other than that we will try our best to make the committee as fun, and as dynamic as possible! If you have any doubts regarding the way we will be managing everything, position papers, or literally anything don’t hesitate sending an email.

Best Regards

Kiyomi Murakuki [email protected] 0 4 Introduction

Since the United Nations was established its main goal has been maintaining peace throughout the world, however, we can see that lives are lost every single day to the hands of war and violence. Many citizens call out the inefficiency of the UN regarding issues presented specifically in the Security Council; this organism is the only one that can apply direct sanctions as well as to conduct actions among the international community. If there is a “functioning organism” that works providing aid and maintaining international peace then why do we have little to no action? There is a flaw in the system that clearly keeps the actions from taking place: The unfair balance of power within the chambers of the most important international organism we have.

As stated previously, we would be finding a solution that can include the different aspects of international law. The main aim of the committee would be to find a solution that respects the United Nations Charter but at the same time proposes different ideas to amend it and create new mechanisms that can keep the balance of power within the United Nations. 0 5 History and Origin of the Topic

When World War II ended the allies decided to proclaim themselves as the “saviors” of the world in which they acquired the status of permanent members (P5'S) of the Security Council granting them the Veto Power. It was consolidated when the United Nations Charter became effective on October 24th, 1949. This means that we have been in this system for over 70 years. The veto power entitles any of the P5's to turn down any “substantive” resolution by voting against, this includes a broad amount of cases: sanctions, military action or any direct action the UNSC might take. One of the most difficult challenges is to find a cohesive way of amending the charter and of course negotiating with some of the most powerful/influential nations in the world. As there is no exact mechanism to balance the power out there is a need to create and fix the UN through a new system. 0 6 To see how the influence of powers plays a role in the UNSC it is important to remember the case of China. When the permanent members were established The Republic of China was recognized as a state, and therefore became a member of the P5, but as the cold war progressed (1974) they managed to change the statehood of the Republic of China and replaced it with the People's Republic of China. In those times, this meant that the USSR would have an ally in the SC and had the opportunity to fight western powers. Unlike other committees in the UN, this one is managed as an emergency session called upon by a world crisis. Due to the lack of unanimity in the Security Council, Resolution 377 (Uniting for Peace) was invoked as there was a need to maintain international peace. In this particular case, many countries in the General Assembly considered revising the powers of the permanent members of the SC, resulting in a possible reform of the United Nations System regarding the distribution of power. 0 7 Past Relevant Cases

Syria This year the Syrian War has turned it`s 10th year and most experts on the topic blame the lack of action of the Security Council as the cause of such a long conflict. In a nutshell, the war in Syria has four sides in total and some of them are backed up by international powers such as the USA and , each one of them with their own particular interests. Everything started in 2011 as peaceful protests arose from the Arab Spring against the Dictator Bashar al-Assad. In 2012 the conflict unfolded as a proxy war when and the Gulf States started backing into different groups.

In the beginning, there was Iran and Syria (Assad) and then the Gulf States began funding the rebels. After Assad attacked civilians with chemical weapons it turned into a major proxy war with the USA backing up rebels and Russia supporting Assad. Of course, as of today there are more sides to the conflict, which include the Kurds and ISIS, but for the purpose of the 0 8 committee, it is most relevant to understand the division among the P5`s. For instance, in 2018 airstrikes to Syria were sent by a conjoined mission by the USA, UK, and without the support of the UNSC. This only showed a clear division of the council. The tensions increased when Russia and China opposed humanitarian intervention.

The following list portrays the veto's exercised by p5's until 2017:

The first series of vetoes (cast in October 2011 and February 2012) blocked resolutions that contained condemnatory statements and threatened sanctions against the Assad regime. In July 2012, a vetoed resolution would have imposed sanctions on the Assad regime if it did not cease troop movements and the use of heavy weaponry in and around population centers. In May 2014, another veto was cast that blocked a resolution on the referral of the situation in Syria to the ICC. In October and December of 2016, the Council attempted to pass two resolutions regarding the situation in Aleppo. One draft

condemned the regime and the other sought

to establish a cease-fire to allow humanitarian access for a seven-day period. 0 9 The two most recent vetoes have focused on chemical weapons proliferation and the Khan Sheikhoun gas attacks in April of 2017. The first draft attempted to sanction the elements within the regime for the production and use of chemical weapons, while the second draft condemned the regime for the Khan Sheikhoun and called for an investigation. (Timeline by: Peter Nadin).

Ukraine When the USSR dissolved in 1991 Ukraine gained its independence as a nation. It was in Russia`s best interest to have them as strategic allies in order to control their lost territory. In this particular case, these countries were receiving more influence from the western world and even planning to have economic relations with the European Nations, which posed a problem for Russia. In this century it became clearer in 2014 when separatist movements (supported by Russia) started fighting with Ukrainian forces in the eastern part of the county. These protests were caused when Ukrainian president Viktor Yanukovych decided to turn down an EU economic deal to shift the country into a more Pro-Russian Driven Economy. Later on, this event motivated Russia to send forces to their annex Crimea and eventually their military intervention in the Ukraine. The importance of Ukraine comes from their geographical position which works as a direct buffer between NATO/EU and Russia. This means that whoever gains influence in such areas is more prone to control this strategic connection. 1 0 In 2018 the Ukrainian Delegation to the UN pointed out the need to reform the United Nations Security Council due to abuses of veto powers by certain countries, particularly Russia. Permanent Representative of Ukraine to the United Nations Volodymyr Yelchenko stated "The reaction of the Security Council to serious violations of international law is slow and inconsistent”. He stressed that Russia committed all these violations while systematically abusing its veto power and defying its obligations to maintain peace and security. "We believe that any potential scenario for reforming the Security Council without restricting the veto power of permanent members will be incomplete and will not bring the expected and necessary results,” Yelchenko noted (UAWIRE). 1 1 Division of the UNSC

United States Let's take the case of the USA's interventionist policy. The of America´s president Donald J. Trump has stated, “We have spent $7 trillion, trillion with a T, $7 trillion in the Middle East” (April 28th, 2018). This is an excessive amount for a country to direct towards its foreign investment, however, internal failure of states and the arrival of terrorism is a pressing issue that is rapidly escalating into a threat to world peace (in the view of the USA).

Since 9/11 the United States of America has endlessly fought terrorism and its consequences all around the globe as it is in their best interest to keep the situation under their control. They carry on their actions based on their Security Strategy that states “We will assist regional partners in strengthening their institutions and capabilities, including in law enforcement, to conduct counterterrorism and counterinsurgency efforts”

Yet, The United States of America´s role in the middle east has become quite controversial in this past years. 1 2 During the current administration, different decisions have been taken in regards to this issue, such as, the withdrawal of troops from Syria in December 2018 and the shortcut of the budget in the region.

Foreign policy in the United States has been changing throughout recent years, but the very essence of protecting the citizen and democracy has stayed the same. This huge influence that they have is employed to veto a resolution that does not favor their allies or interests. That is why their position on the elimination of veto power is clear, they believe that their position keeps a balance in the international community and that it is the responsibility of the United states to protect the people of the non-communist world.

Russia Russia has always played a crucial role in Middle East Affairs, in fact, they had publicly supported the regime of President Assad (Syria). Based on this, we can begin by saying that Russia presently is the biggest influence in Central-Asia and in most post-soviet “Western States”. They can not afford to lose this influence as it deepens its power into Europe.

As seen in the case of Syria, the USA and Russia are still in a fight for power dynamics in the middle east. 1 3 This is because this is a region that is a key element in world economics. In their National Security Strategy (2009-2020) they state that “The main purpose of the given Strategy is to formulate and support, with the aid of national security forces, the internal and external conditions conducive to the implementation of strategic national priorities”

Russia has also been adapting its approach to fluctuations in the degree of the US/NATO interest and presence, ranging from a drastic decline in the US military role in the mid-2010s under the Obama administration to limited security reengagement and new complications and opportunities offered by the Trump administration’s Afghan policy revision. As well the Russian foreign minister Sergey Lavrov suggested that it was necessary to adjust international relations who often rely on the UN.

France The French Republic has not used its veto power in more than 25 years. They have been fighting in order to keep the balance of the UNSC and regulate the veto power by recommending all permanent members to abstain from using it in situations of mass atrocity. In fact, President

François Hollande announced that France has committed never to use its veto in cases of mass atrocities: 1 4 “France would like for Security Council permanent members to no longer be able to resort to the veto [power] in cases of mass atrocities. How to accept that the UN, to this day, may remain gridlocked whilst the worst is happening? In this case, as well, let’s lead by example. I commit here for France never to make use of its veto [power] in cases of mass atrocity." (Permanent Mission of France, NYC) This does not mean that France wants to abolish the veto power, it only means they are willing to regulate it.

United Kingdom Aligned with that of France, the UK has also publicly stated that they are willing to change the dynamic in the Security Council. When Brexit was discussed in 2016 it raised the question of whether the UK wanted to keep its power. In the response to this, its ambassador stated “The UK is and will continue to be a diplomatic power. The UK is and will continue to be a permanent member of the Security Council. We take those responsibilities incredibly seriously,”. They value the power that they have, however they use it wisely and keep their mind open about a possible regulation. 1 5 “France would like for Security Council permanent members to no longer be able to resort to the veto [power] in cases of mass atrocities. How to accept that the UN, to this day, may remain gridlocked whilst the worst is happening? In this case, as well, let’s lead by example. I commit here for France never to make use of its veto [power] in cases of mass atrocity." (Permanent Mission of France, NYC) This does not mean that France wants to abolish the veto power, it only means they are willing to regulate it.

United Kingdom Aligned with that of France, the UK has also publicly stated that they are willing to change the dynamic in the Security Council. When Brexit was discussed in 2016 it raised the question of whether the UK wanted to keep its power. In the response to this, its ambassador stated “The UK is and will continue to be a diplomatic power. The UK is and will continue to be a permanent member of the Security Council. We take those responsibilities incredibly seriously,”. They value the power that they have, however they use it wisely and keep their mind open about a possible regulation.

China It is simple and clear that they do not want to give up or have any restrictions on their veto power. They have used it by joining forces with Russia in order to protect their influence on Asia and of course to show their economic dominance around the world. 1 6 Amending the UN Charter

The only way of changing the fact that there are permanent members is to amend the UN Charter. The interesting point, is that the only way of amending the charter according to its Article 108 is to pass down a vote that has two-thirds of the members in the General Assembly and all the votes from the permanent members of the Security Council. Of course, this was intentionally made for the maintenance of their membership in the United Nations in the view of international law. It is almost impossible to remove the veto via this method.

Another way to add more voices to the permanency of the UN is by auditioning other influential nations in the world. This would also require amending the charter but in a more negotiable way, as countries such as Japan, Germany, , , , and have been on sight for obtaining the permanency in the security council. Countries such as Germany and Japan would have been permanent members however as they lost WWII this was not possible. However, their relevance in the international community, as well as their efforts to collaborate with the UN, have made them the biggest options to this new annexation as members. 1 7 QARMAS Position Paper email: [email protected]

What approach should we have towards the possible amendments to the United Nations Charter? Should we take away the veto power, should we regulate it or add more members? How should the term of mass atrocity be defined? How will this impact the way we revise the power? To what extent should we allow the P5`s to negotiate the terms of a possible revision of their veto power? In how much time should these changes be implemented, given the fact that there are many armed conflicts that depend on the UNSC? Should changes affect the current missions? How would the conflict of interests of these nations be managed regarding its direct impact towards the economic development of the UN? Should we find a way to reform the budget of the UN as many of the P5`s are main donors? If the veto power is regulated, what organization among the United Nations will carry on this action? What would the limit of power of this organization be? Should we allow governments to prioritize their interests above international ones? Would this affect their sovereignty? How is this factor something that can affect the possible reform of the UN?

Is the veto power the only reform that the UN should

have? What other elements could be added to the future agenda of the UNSC? 1 8 Bibliography

Suggested Research Material The Guardian: Russian Vetohttps://www.theguardian.com/world/2015/sep/2 3/russian-vetoes-putting-un-security-council- legitimacy-at-risk-says-us The Guardian: Security Council Failinghttps://www.theguardian.com/world/ng- interactive/2015/sep/23/un-security-council-failing- 70-years Lowy Institute: Failure in Syria https://www.lowyinstitute.org/the-interpreter/how- un-security-council-failed-syria The Problem With the Veto Power https://www.youtube.com/watch?v=HPAONq36HKg Why the United Nations is Failing https://www.youtube.com/watch?v=84OMOc04ZIE Why The UN Can't Get Anything Done https://www.youtube.com/watch?v=0eEeYSo_bV8 Rethinking the United Nations https://www.youtube.com/watch?v=WVyF39AvtOc Case of Syria: UN https://www.youtube.com/watch?v=SAfxLi6-2JQ Illustrated view of the UNSC https://www.theguardian.com/world/ng-

interactive/2015/sep/23/un-security-council-failing-

70-years 1 9 Bibliography

The Veto: UN Security Council Working Methods. (n.d.). Retrieved from https://www.securitycouncilreport.org/un-security- council-working-methods/the-veto.php

International Center for Transitional Justice. (2019, April 16). The Legal Limits of UN Veto Power. Retrieved from https://medium.com/@ICTJ/the-legal- limits-of-un-veto-power-f5ebc5950ac0

Nichols, M. (2019, December 20). Russia, backed by China, casts 14th U.N. veto on Syria to block cross- border aid. Retrieved from https://www.reuters.com/article/us-syria-security- un/russia-backed-by-china-casts-14th-u-n-veto-on- syria-to-block-cross-border-aid-idUSKBN1YO23V

5 things to know about France and the veto power. (n.d.). Retrieved March 11, 2020, from https://onu.delegfrance.org/5-things-to-know-about- France-and-the-veto-power

Ministère de l'Europe et des Affaires étrangères. (n.d.). Why France wishes to regulate use of the veto in the United Nations Security Council. Retrieved March 11, 2020, from https://www.diplomatie.gouv.fr/en/french- foreign-policy/united-nations/france-and-the-united- nations-security-council/article/why-france-wishes-to- regulate-use 2 0 Bibliography

The 43 times US has used veto power against UN resolutions on . (n.d.). Retrieved March 9, 2020, from https://www.middleeasteye.net/news/43-times- us-has-used-veto-power-against-un-resolutions-israel

Veto Power in United Nations. (n.d.). Retrieved from https://library.cqpress.com/cqresearcher/document.php ?id=cqresrre1946091800

Charter of the United Nations. (n.d.). Retrieved March 9, 2020, from https://www.un.org/en/charter-united- nations/

Wires, N. (2019, December 20). Russia and China veto UN extending cross-border aid to Syria. Retrieved March 11, 2020, from https://www.france24.com/en/20191220- russia-and-china-veto-un-extending-cross-border-aid-to- syria

Author, N. (n.d.). Russia and China veto U.N. humanitarian aid for Syrians. Retrieved March 9, 2020, from https://www.japantimes.co.jp/news/2019/12/21/world/r ussia-china-veto-u-n-humanitarian-aid-syrians/ 2 1