Introduction to HSMUN 2012: General Assembly VI - Legal

BUT MY POSITION PAPER IS 19 MINUTES LATE.

After receiving some worried emails about late position papers, the Legal dais staff just wants to say that we will take a look at position papers that come in a bit later so long as they're not unreasonably late - i.e. try to get your paper in by tomorrow if you can. We have all been panicked delegates before, so we know how you all feel right now. If you feel really guilty about your procrastination, we usually respond well to excessive compliments. Good luck, happy last-minute writing, and email us if you have any questions!

Hello Legal Committee!

Hey delegates! First of all, we're still waiting on position papers. We have received one so far, but we feel confident that there are more of you in the Legal committee because we like to think that there are many real people who read our blog posts. We hope that you are all frantically writing them right now. If you have any questions on guidelines or content, check out this page. Remember that your position papers let us know how well you understand your nation's foreign policy so try to convey your nation's stance on both issues as articulately and correctly as possible. Position papers should be sent to hsmun.legal@gmail.com. Some concerns that delegates sometimes have about foreign policy are:

1. My country's foreign policy is very extreme/difficult to defend - this actually puts you in one of the best positions to start interesting debates in the committee! Your nation's foreign policy might force you to be less cooperative with other delegates, but as your dais staff we can recognize that you're just being consistent with your country's actions and ideology. Usually, the most controversial stances make for the funnest and most engaging committee debates - remember that your goal is to ultimately represent your state's foreign policy.
   
2. My country isn't too involved in this particular issue/my country hasn't defined a clear stance on this particular issue - this is also not necessarily a bad thing. Because your country isn't too invested in  one of the topics we're discussing, you have the most flexibility with creating effective draft resolutions that don't violate your foreign policy. Just make sure that you represent the values that your nation typically stands for - for instance, your country might not have had many encounters with terrorism but you might traditionally place a high value on protecting national sovereignty - in that case, you wouldn't advocate very much for universal jurisdiction in anti-terrorist operations. 

While I have your attention, you should read this article about crimes committed by UN personnel in Congo. As you read the article, you'll notice that there are references to some internal measures taken by the UN to limit the possibility of these crimes occurring, like a strict curfew for personnel while mentioning that Congo doesn't have the authority to prosecute UN personnel. Do you think that the internal measures taken by the UN have been enough to deter crime? If not, is that because the measures aren't stringent enough or is it because we're giving individual nations too little authority in preventing and prosecuting crimes committed by UN personnel? The irony is that the UN personnel were sent to Congo to protect citizens but have, it seems, only created a more dangerous environment, which demonstrates how flawed the UN's current system of diplomatic immunity can be. 

Hopefully that helps, delegates! We are eagerly awaiting your position papers :)  

Position Papers!

Just a quick reminder that position papers are due this Saturday at midnight. If yours is informative, factually correct, and maybe even entertaining, we will be extremely pleased with you before the conference even starts AND we might give you an award for the best position paper! The papers should be 1-2 pages long and should cover both topics.

You should also take a look at this article discussing how the nature of terrorism (including state-sponsored terrorism) poses difficulties in prosecuting the crime on both a national and international level. The writer brings up the interesting point that the international framework in place to deal with terrorism right now doesn't take into account that, in some cases, the crime was sponsored by the state that has custody of the suspect, using an example from 1988 involving alleged state-sponsored terrorism on Libya's part. If you see this as an issue that could impact your nation, think about the extent to which international bodies should be involved in prosecuting terrorists and the effect this has on the sovereignty of individual states.

That's all for now! Good luck with your papers :)

HOW TO REPRESENT in the Legal Committee

Since you all are going to be in the best HSMUN committee, you must a) have a thorough understanding of the two issues we're discussing and b) know how to represent your nation accurately during debates and caucuses. We'll try to keep you updated on the two topics in the month leading up to the conference, but for now, here are some tips to help you stick to your country's foreign policy:

1. What encounters has your nation had with the issue in the past? For instance, are you a nation that is home to alleged terrorists? Are you a nation that has pursued terrorists in the past? When it comes to the issue of immunity of UN personnel, are you typically a nation that receives the help of UN personnel or is it your own citizens that often serve as UN personnel? Exploring these questions can help you determine what your nation's interests are.

2. Has your nation taken any action in the past in relation to the two topics? This action doesn't have to be UN related - for instance, if your nation is part of a an organization like ASEAN, NATO, or the Arab League, to name a few examples, you may have outlined a framework for dealing with these issues that will give you an idea of where your nation stands and the types of solutions that your nation would advocate. Similarly, many nations have already outlined their stances on their own foreign policy sites - try checking these sources out to see if you can get more direction in terms of how to best represent your nation.

3. Who are your allies? Are relations more tense with certain countries? Keep in mind that foreign relations aren't absolute - you might be on the same page as a certain country when it comes to a certain issue but on opposing sides of the debate when it comes to another. Sorting this out before the conference comes along will help you determine how to proceed during HSMUN.

Remember to have fun and represent your nation as best as you can! We fully welcome good accents and good costumes.

We heard you guys have midterms right now or something, so good luck with those! 

UN Personnel: Above the law?

According to some sources, having access to diplomatic immunity, at least as a high-ranking official, can guarantee you protection in pretty much any situation. While the UN always urges its personnel to abide by the laws of foreign nations, it still lacks the framework to ensure the accountability of its personnel. Like any policy, the immunity afforded to UN personnel exists for a reason: UN personnel can potentially be exposed to arbitrary persecution due to the highly political and dangerous nature of their work. In addition, in the event that they are implicated in a crime, they have no guarantee of a free or fair trial under certain judicial systems.

This case explores the complexity of diplomatic immunity, both in terms of its effect on the accused diplomat as well as its implications on the relationship between the two countries involved. While the accused was not a UN official, he has access to the same diplomatic immunity as many high-ranking UN officials. As you read the article, ask yourself to what extent we can trust a given judicial system to be impartial as well as whether or not the application of immunity can augment tension between nations.

We hope this helps! Happy researching. Remember to read/watch/listen to the news! 

Happy New Year!

Since 2011 is officially over, the Legal committee has begun reflecting over the events of this past year and has been contemplating such topics as the scope and application of universal jurisdiction in carrying out anti-terrorist operations. 10 years after the 9/11 attacks, we can still find cases of nations using the pursuit of terrorists as a justification for acting beyond the limits of their own borders; we can look, for instance, at the US's presence in Pakistan and the killing of Osama bin Laden in May 2011. 

For a source of recent news, you can look at this page from Foreign Policy magazine which has weekly updates on what they refer to as the "legal War on Terror." While not all the articles relate directly to the question of universal jurisdiction, some of them, like these two, discuss events that are very relevant to our topic. Checking this page regularly in the weeks leading up to the conference as well as looking at past posts on the page can give you a good idea of the controversy surrounding the topic. 

Some nations may use the deaths of terrorists to claim that allowing for universal jurisdiction is an effective method. Others, however, might say that the War on Terror has created collateral damage that outweighs its perceived benefits: this article examines the potential political impact the War on Terror might have had on Pakistan, a nation which claims officially that it is an ally of the United States in carrying out anti-terrorist operations, while this report looks at possible consequences of the War on Terror in a humanitarian light.

Enjoy the rest of your breaks, delegates! We would wish you good luck, but we know you don't really need it, right? :)

What happens if UN personnel commit a crime?

To get familiar with the issue of criminal accountability and immunity of UN personnel, it's probably a good idea to look at some of the sources of controversy in recent times. This press release outlines examples of criminal activity or human rights violations committed by UN personnel while working in developing nations. One of the difficulties with finding a workable framework for dealing with the situation is that there is a lack of communication between the UN and the local authorities; in addition, many of these nations lack an effective justice system. As delegates in the Legal committee, you'll have to work to find a way to reconcile the need for accountability with the current shortcomings of the system.

So, what has the UN's response been to allegations of abuse and criminal activity on the part of its personnel? This United Nations report assesses the situation and identifies many of the issues that have prevented many developing nations and human rights groups from ensuring that personnel are held accountable. Included in the report are recommendations of the most effective way for the UN to respond to the situation, which should give you an idea of the direction of your working papers for this topic.

Enjoy your winter breaks! Don't be too upset when the holidays are over, because it only means we'll be 2 weeks closer to HSMUN 2012.

Serious legal business.

Hey Legal delegates!!


So, as you know, one of our topics deals with the scope and application of universal jurisdiction in carrying out anti-terrorist operations. As a delegate, you'll have to consider what encounters your nation and its allies have had with terrorism in the past, how they've dealt with them, and whether your nation (or your allies) tends to support the pursuit of terrorists in the name of security or justice even if such a mission violates the sovereignty of other nations. 


You can look at the UN's Global Counter-Terrorism Strategy, which comprehensively details the UN's approach in countering terrorism. Here, you'll find a broader set of resolutions, protocols, and conventions that deal with various aspects of counter-terrorism. 


Good luck! Remember, Google is your friend (and so is the library), so make use of whatever resources you have to get a better understanding of where your country stands on the issue. 

Dear Legal People..

We should look to the REAL UN! Let us examine their meetings, feed off their ideas, and pretend they were our own. Their website is a gold mine:

http://www.un.org/en/ga/sixth/index.shtml

Particularly, there is a page about committee meetings they had on UN personnel accountability, and it has information about how they sought to fix this problem (hint, hint, draft resolutions).

http://www.un.org/en/ga/sixth/62/CrimAcc.shtml

We are excitedly counting down the days to the conference.

Much love,
Legal.

Legal Topics

For those of you partaking in the committee of the legalities, these will be of use to you:

TOPICS!

1. The question of criminal accountability and immunity of UN personnel
2. The question of the scope and application of universal jurisdiction in carrying out anti-terrorist operations

Fun times await.

Much love,
Legal.

Hello friends.

Hey everyone! This is Liz, Kristi, and Salma, your dais staff for the Legal committee for HSMUN 2012!

My name is Salma and I’ll be your dais director. I am a first year Engineering student – this is my first year as a staff member at HSMUN after 3 years of attending as a delegate. I like good food, the occasional bad TV show, and HSMUN, obviously. I’m looking forward to meeting you all in February, and in the meantime, feel free to contact me if you have any questions!  

I’m Elzbieta (but you can call me Liz), and I’ll be your Intervention Attache this year. This is my fifth year at the conference, after 2 years as a delegate and 2 years as staff.  I’m currently a third year student in the School of Business at the University of Alberta, studying Accounting Honors. Outside of school, I love to ski, volunteer, and travel. I’m the person you can come to if you have any questions about the conference, whether it’s your country’s foreign policy or procedure in general. 

I’m Kristi. I’m your chair for the legal committee this year. I’m in my fourth year, doing a BA in Economics. This is my sixth year doing Hsmun, three years being a delegate and three years of volunteering. Outside of school I like candle lit dinners, vintage wines, and long walks on the beach. And watching UN legal committee conference meetings in New York. Feel free to ask me any questions you have, on any of the above topics.