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Legal Framework For Int'l Intervention

Legal Framework For Int'l Intervention

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Published by Hong Kong MUN 2013
UNODA chair report: Legal Framework for Int'l Intervention
UNODA chair report: Legal Framework for Int'l Intervention

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Published by: Hong Kong MUN 2013 on Jan 11, 2013
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HKMUN 2012-13
United Nations Office for Disarmament Affairs
 
Legal Framework for International Intervention
 
Jasper Lim2012-13
Please note that this document serves as an introduction to the topic only. For any questions, emailJasper Lim via j168lim@gmail.com or leave a comment on the UNODA group on Facebook. A replywill be made within 24 hours. If you want Jasper Lim to give you a reply via phone, please leave yourphone number via email or Facebook message and state the matter concerned within the email ormessage.
 
Introduction to the Topic and Committee:
It is to be clarified in the first place that the United Nations Office for Disarmament Affairs has nolegal rights to impose any changes to the current legal framework adopted by the United NationsSecurity Council, of which the principal matter is to deal with issues concerning international security.The United Nations Office for Disarmament Affairs, under the internal structure of the United Nations,is subordinate to the Security Council, because this committee is a subsidiary of the United NationsGeneral Assembly. The details concerning the responsibilities of this committee will be furtherexplained in the later sections.
“Legal framework for international intervention” is specific yet broad topic, and a highly debatableone. One principle that the United Nations has long upheld is the principle of “non
-
intervention”. But
one must be clear under what circumstances is this principle applied. To begin, one must be remindedthat the boundaries within which this principle can be applied have long been evolving. And asmentioned, it is important to once again note that the enforcement of an international intervention isdetermined within the Security Council. The history of the Security Council and several cases of enforced international intervention shed light not only on the evolving relations between different statemembers within the Security Council
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be it deteriorating or normalizing, but more importantly on theevolving nature of international intervention as well. In recent decades, international intervention startsto be extended from matters concerning regional and international security to regional humanitariansituations. It is of high importance for delegates to include humanitarian intervention into the debate,rather than solely focusing on international security matter. One such principle that will shed light onthis matter is the R2P principle, which implies the responsibility of other states to intervene providing aspecific set ( though fluid ) of circumstances.
The mission of this committee ( for details, read through “Important Terms ) is to examine and
evaluate current principles upheld by the United Nations Security Council, such as non-intervention,respect of state sovereignty and responsibility to protect
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even regardless of the sovereignty of a state.Unlike the historical committee, this committee is tackling with issues that are evolving. Thus, it iscrucial for delegates to review up-to-date information on the issues prior to the debate. Ultimately, thiscommittee seeks to re-affirm principles that are examined to be right to be upheld, proposerecommendations that will help the United Nations Security Council deal with issues that may or maynot require international intervention more effectively. However, delegates should keep in mind thatthey should not evade within debates the important principles, such as sovereignty. Rather, they shouldwork closely, if possible, clearly defining the circumstances, under which certain principles can andshould be upheld. Delegates, furthermore, are highly encouraged to bring recent materials, such as casestudy of Syria, into the debate.
 
Important Terms:
United Nations Office for Disarmament Affairs:In the previous section, there are significant pre-existing limitations to what changes this committeeitself can enforce. Yet there is no denying of the importance of this committee. The primary mission of this committee is to persistently examine and re-examine issues concerning regional and internationalsecurity, ranging from regulation of small arms sales, elimination of biological and chemical weapons,regulation and elimination of nuclear weaponry proliferation, to current legal frameworks ( theprinciples and procedures the United Nations currently uphold and utilize to deal with matters ).Ultimately this committee seeks to facilitate and conduction multilateral discussions on the issues andmake corresponding recommendations. This committee also helps coordinate efforts in dealing with theabove issues through multilateral discussions between experts, NGOs, diplomats and otherinternational organizations, including INTERPOL, OCED, International Crisis Group, InternationalCoalition for the Responsibility to Protect etc. It is not necessarily true that UNODA always seeks torecommend new changes to the current principles and practical solutions utilized by the United Nations.It is a common-place for committee sessions within UNODA to reaffirm these principles and solutions,while recognizing the evolving needs for these principles and solutions to adapt to the evolving nature
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the development
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of different issues.UN Security Council:
The main peacekeeping organ of the United Nations. The Security Council has 15 members, including 5
 permanent members.”
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. It must be noted that the 5 permanent members include the French Republic, the
United Kingdom, the United States of America, The People’s Republic o
f China and the Russian
Federation. These 5 permanent members hold the voting power within the council, which is called “veto power”. As long as one of the five permanent members “veto” any resolution, the resolution is regarded“unsuccessful”. For a “successful” resolution, unanimous votes must be made within the 5 permanent
members. Such voting procedure is criticized by some to be one of the major weaknesses of the UNSecurity Council. The principal mission of the Security Council is to establish peacekeeping operationsand international sanctions, and authorise military actions. The current non-permanent members includeAustralia, Argentina, Azerbaijan, Guatemala, Luxembourg, Morocco, Pakistan, Rwanda, South Koreaand Togo.Norm-setting:The influence of recommendations from UNODA and resolutions adopted by the UN Security Councilcan be said to exist in the form of norm-setting.
 
UNODA provides substantive and organizationalsupport for norm-setting in the area of disarmament through the work of the General Assembly and its
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World Politics: International Politics on the World Stage
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Glossary<

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