THE UNITED NATIONS

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THE UNITED NATIONS

• Structures
• Processes
• International Law Genocide, Crimes Against
  Humanity War Crimes

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The United Nations

• General Assembly
• Security Council
• Economic and Social Council
• Trusteeship Council
• International Court Of Justice

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History of the UN

• first coined by FDR on Jan. 1, 1942
• forerunner was League of Nations
• first met in 1945 at San Francisco
• originally had 51 members
• officially came into existence on Oct. 24, 1945
• UN Day is celebrated every Oct. 24

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Declaration of St. James Palace

• representatives of Commonwealth nations and other
  nations in exile (currently at war with Nazi
  Germany)
• June, 1941 in London, England
• established the concept of enduring peace
  requiring the co-operation of the free peoples of
  the world
• this peace would then bring about economic and
  social security

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Atlantic Charter

• August 14, 1941
• meeting between Roosevelt (USA), and Churchill
  (England)
• affirmation of common principles in policies of
  their nations on which they based their hopes for
  a better future for the world
• document later signed by 10 other European
  nations (USSR and other 9 occupied nations of
  Europe

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Moscow

• October, 1943
• foreign ministers of USA, Britain, USSR
• recognized the need for establishing a general
  international organization based on the principle
  of the sovereign equality of all peace loving
  states
• organization to be open to all states, large and
  small, for the maintenance of international peace
  and security
• also signed by China later on

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Dumbarton Oaks

• private mansion in Washington, DC
• October, 1944
• Representatives of China, Britain, USSR, and USA
• established the formation and structure of the UN
• also established necessity of having member
  states place armed forces at the disposal of the
  Security Council
• voting procedure for Security Council was
  established at Yalta, USSR

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General Assembly

• all members of the UN have representatives, each
  with an equal vote
• currently has 191 members
• last two to join were Switzerland and East Timor
  in 2002

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Functions and Powers of the General Assembly

• consider and make recommendations on the
  maintenance of international peace and security
  (recommendations not made on issues before the
  Security Council)
• initiate studies and make recommendations to
  promote
• international political cooperation
• development and codification of international
  law
• realization of human rights
• International collaboration in economic, social,
  cultural, educational, and health fields

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Functions and Powers of the General Assembly

• make recommendations for the peaceful settlement
  of any situation
• receive and consider reports from the Security
  Council and other UN Organs
• consider and approve the UN budget and apportion
  the contributions among members
• elect
• non-permanent members of Security Council
• members of Economic and Social Council
• Judges of International Court of Justice (along
  with Security Council)
• Secretary General (recommended by Security
  Council)

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Security Council

• 5 permanent members (China, France, Russia, USA,
  England)
• 10 non-permanent members serving two year terms
• Canada has served 6 times (last time 1999-2000)
• maintenance of international peace and security
• representative of each member must always be
  present at UN

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Security Council

• if there is a threat to peace the Council will
  first recommend a peaceful agreement and may
  offer mediation and set forth principles of a
  peaceful settlement
• if there is a fight its first goal is to end it
  as soon as possible, issuing cease-fire
  directives, or sending peace-keeping forces
• may decide on enforcement measures, economic
  sanctions, or collective military action

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Security Council

• a country may be suspended from exercising the
  privileges of membership if actions taken upon it
  by Security Council (upon recommendation of
  Council)
• if country is persistent it may be expelled form
  UN upon recommendation of Security Council

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Security Council

• a non-member of the Security Council may
  participate (no vote) in discussions of Council
  if said countrys interests are affected
• Council will set the conditions of participation
  of non-member participants
• Presidency of Council rotates monthly according
  to the English alphabetical listing of its member
  states

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Functions and Powers of the Security Council

• maintain peace and security
• investigate any dispute or potential friction
• recommend methods of adjusting terms of
  settlement
• determine existence of threat and recommend
  action
• call on members to apply economic sanctions and
  other methods not involving force
• take military action against an aggressor
• exercise trusteeship functions in strategic areas

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Functions and Powers of the Security Council

• recommend admission of new members
• recommend to General Assembly the appointment of
  Secretary General
• together with General Assembly elect the judges
  of the International Court Of Justice

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Economic and Social Council

• coordinate economic, social, and related work of
  14 UN specialized agencies, 10 functional
  commissions, and 5 regional commissions
• 54 members elected for overlapping three year
  terms
• 14 allocated to Africa, 11 to Asia, 6 to East
  Europe, 10 to Latin America and Caribbean, 13 to
  Western Europe and other states
• represents over 70 of the human and financial
  resources of the UN

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10 Function Commissions of Economic and Social
Council

• Statistical Commission
• Commission on Population and Development
• Commission for Social Development
• Commission for Human Rights
• Commission on the Status of Women
• Commission on Narcotic Drugs
• Commission on Crime Prevention and Criminal
  Justice

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10 Function Commissions of Economic and Social
Council

• Commission on Science and Technology for
  Development
• Commission on Sustainable Development
• United Nations Forum on Forests

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Responsibilities of Economic and Social Council

• promotion of higher standards of living
• promotion of full employment
• promotion of economic and social progress
• identification of solutions to economic, social ,
  and health problems
• facilitating cultural and educational cooperation
• encouraging universal respect for human rights
  and fundamental freedoms

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Trusteeship Council

• suspended operations November 1, 1994
• last nation under direction was Palau
• designed to assist newly independent nations in
  the development of their sovereignty

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International Court of Justice

• Peace Palace, the Hague, Netherlands
• settles with accordance with international law
  the legal disputes submitted to it by States
• give advisory opinions on legal questions
  referred to it by duly authorized international
  organs and agencies
• comprised of 15 judges elected to nine year terms
  by the Security Council and General Assembly
• Elections every three years for 1/3 of members
  and members may be re-elected
• Judges are independent magistrates and do not
  represent their countries

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Universal Declaration of Human Rights

• Adopted and proclaimed by Gen. Assembly December
  10, 1948
• Includes a proclamation of rights that include
  most basic rights found in CCRF, but also
  includes
• A prohibition against slavery (Art. 4)
• Right to asylum (Art. 14)
• Right to a nationality (Art 15)
• Right to marry and found a family, right to
  choose marriage(Art. 16)
• Right to property (Art. 17)

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Universal Declaration

• 6. Right to social security (Art. 22)
• 7. Right to work, equal pay for work of equal
  value, right to unionize (Art. 23)
• 8. Right to rest and leisure and paid holidays
• 9. Right to an adequate standard of living
  including food, clothing, housing and medical
  care and necessary social services
• 10. Motherhood and childhood are entitled to
  special care and assistance

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Universal Declaration

• 11. Everyone has the right to education,
  including free elementary education. Education
  shall be directed to the full development of the
  human personality !!!
• 12. Right freely to participate in the cultural
  life of the community, to enjoy the arts and to
  share in scientific advancement and its benefits.
• 13. Right to a social and international order in
  which the rights and freedoms set forth in this
  Declaration can be fully realized.

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Genocide, Crimes Against Humanity War Crimes
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Genocide

• Genocide is defined as a list of prohibited acts,
  such as killing or causing serious harm,
  committed with intent to destroy, in whole or in
  part, a national, ethnical, racial or religious
  group. (Rome Treaty (2002) est. International
  Criminal Court)

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Genocide

• The Convention on the Prevention and Punishment
  of the Crime of Genocide (1948) proclaims
  genocide to include
• Killing members of the group
• Causing serious bodily or mental harm to members
  of the group

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Genocide Definition

• Deliberately inflicting on the group conditions
  of life calculated to bring about its physical
  destruction in whole or in part
• Imposing measures intended to prevent births
  within the group
• Forcibly transferring children of the group to
  another group

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Genocide - Punishment

• Article III of the Convention identifies
  punishable acts
• Genocide
• Conspiracy to commit genocide
• Direct and public incitement to commit genocide
• Attempt to commit genocide
• Complicity in genocide.

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Genocide- Legal Liability Trials

• Constitutionally responsible rulers, public
  officials or private individuals.
• tried by a competent tribunal of the State in
  the territory of which the act was committed, or
  by such international penal tribunal

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Crimes Against Humanity

• Crimes against humanity include crimes such as
  the extermination of civilians, enslavement,
  torture, rape, forced pregnancy, persecution on
  political, racial, national, ethnic, cultural,
  religious or gender grounds, and enforced
  disappearances - but only when they are part of a
  widespread or systematic attack directed against
  a civilian population. (Rome Treaty (2002))

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Crimes Against Humanity

• The "widespread or systematic" qualification for
  crimes against humanity is very important, as it
  provides a higher threshold, requiring a
  particular magnitude and/or scope before a crime
  qualifies for the Court's jurisdiction. This
  differentiates random acts of violence - such as
  rape, murder, or even torture - that could be
  carried out, perhaps even by soldiers in uniform,
  but which may not actually qualify as crimes
  against humanity.

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War Crimes

• War crimes include grave breaches of the Geneva
  Conventions and other serious violations of the
  laws and customs that can be applied in
  international armed conflict, and in armed
  conflict "not of an international character", as
  listed in the Statute, when they are committed as
  part of a plan or policy or on a large scale.

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War Crimes

• Under a 1973 Convention, there are no statutory
  limits on War Crimes or Crimes Against Humanity.

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War Crimes

• Every State has the right to try its own
  nationals for war crimes against humanity.
• States shall co-operate with each other on a
  bilateral and multilateral basis with a view to
  halting and preventing war crimes and crimes
  against humanity

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War Crimes

• States shall not grant asylum to any person with
  respect to whom there are serious reasons for
  considering that he has committed a crime against
  peace, a war crime or a crime against humanity.