NATIONAL MUN CONFERENCE 2017 - Lisbon Model United Nations · and knowledge not of the workings of...

NATIONAL MUN CONFERENCE 2017

SOCIAL, HUMANITARIAN AND CULTURAL COMMITTEE

USE OF MERCENARIES AND THE VIOLATION OF HUMAN RIGHTS IN A

CONTEXT OF CONFLICT

STUDY GUIDE


LISBON MODEL UNITED NATIONS

SUMMARY

I. Introduction ............................................................................................................................ 1

II. The Social, Humanitarian and Cultural Committee (SOCHUM) .................................................... 3

III. The use of mercenaries and the violation of human rights in a context of conflict........................ 4

1. Definition of Key Terms ......................................................................................................... 4

2. Discussion of the Topic .......................................................................................................... 7

A. Self-determination ............................................................................................................ 8

B. Violation of other human rights ......................................................................................... 8

3. Bloc Positions...................................................................................................................... 10

IV. Points the resolutions should address ..................................................................................... 11

V. Further useful information ..................................................................................................... 12

VI. Further reading and bibliography............................................................................................ 14


LISBON MODEL UNITED NATIONS 1

I. INTRODUCTION

Hello, delegates! This is the study guide for the National Model United Nations Conference

(NMUNC) that will take place on 07-08 October 2017, in Lisbon.

MUN is a simulation of the United Nations (UN) that is done at a high school and university

level. MUN aims to educate participants about civics, effective communication, globalization and

multilateral diplomacy. In MUN, students participate as “delegates” from the UN Member States and

simulate UN committees. From this experience, not only do they become involved and debate

today’s pressing current issues, but also broaden their world view and their knowledge of

international relations and the UN, allowing delegates to develop their critical thinking and soft

skills. It is an international global phenomenon, being a wide-spread extra-curricular activi ty with a

solid tradition and community in many countries.

Although it is important to know the Rules of Procedure , how to write a Position Paper, a

Draft Resolution or Working Paper, in the end delegates need to keep in mind they will be discussing

a topic, a substantive issue. Therefore, delegates should understand that it demands prior research

and knowledge not of the workings of MUN itself , but also of the topic being discussed.

In the first edition of the NMUNC, the topic is “Use of mercenaries and the violation of human

rights in a context of conflict” and the committee simulated the Social, Humanitarian and Cultural

Committee (SOCHUM).

This document is meant to help delegates and provide guidance as to how to approach the

topic for the NMUNC.

This study guide begins with an introduction to the committee and to the topic of the debate .

You will have some information about its history and current situation, as well as some guidance

towards the different possible approaches. As such, you should read it with close attention, so that

you know the directions that the debate might take.

Afterwards, there is a definition of key terms concerning the topic. This is very important and

helpful, since it provides all the delegates basic unanimous definitions that all can agree on. With

this, it is guaranteed that the debate does not end up discussing only the definition of certain

expressions and words and can the committee can therefore address the core issues of the topic.

We advise you to read this chapter it with close attention, because this year topic is very technical

and demands the use of very precise wording.

The bloc positions intent to reflect a certain tendency that countries located in certain

geographical areas tend to form, influenced by its surrounding neighbours. As such, you should see



what position the country you represent adopts, as well as the ones taken by its neighbours, so that

you can see which would be more open to cooperation for a possible Draft Resolution.

After that we list the issues the Draft Resolutions should address. These are some of the more

important points and issues that your Draft Resolution should try to present solutions to.

Lastly, you have the further research chapter, which consists on some suggestions and advice

to help you prepare on the NMUNC, and the further reading and bibliography, where you can find

some places to do your own research.

Please note that this is only a study guide. This does not include the comprehensive research

on the topic, it is not sufficient by itself to prepare you to debate. You will have to do your own

research, not only on the topic, but also on the position that your country takes on the matter.

Having that sad, please remember to, above all else, enjoy yourself during the NMUNC, to

have fun and to meet new people!



II. THE SOCIAL, HUMANITARIAN AND CULTURAL COMMITTEE

(SOCHUM)

The Social, Humanitarian and Cultural Committee (in short, SOCHUM) is the third committee

of the General Assembly of the United Nations.

The General Assembly allocates to the Committee agenda items relating to a range of social ,

humanitarian affairs and human rights issues that affect people all over the world.

The Committee discusses questions relating to the advancement of women, the protection of

children, indigenous issues, the treatment of refugees, the promotion of fundamental freedoms

through the elimination of racism and racial discrimination, and the right to self - determination and

indigenous struggles. In addition, the Committee addresses important social development questions

such as issues related to youth, family, ageing, persons with disabilities, crime prevention, criminal

justice, and international drug control.

These are poignant issues regarding the fundamental freedom and liberty due to individuals

regardless of the borders that they live between. The Committee seeks to ensure that individuals are

not denied their basic rights.

Through the years, the Committee has been a driving force behind many landmark pieces of

legislation. Perhaps most notably, SOCHUM can be acknowledged for the recommendation of the

Universal Declaration of Human Rights, which was approved by the General Assembly in December

1948.



III. THE USE OF MERCENARIES AND THE VIOLATION OF HUMAN RIGHTS

IN A CONTEXT OF CONFLICT

1. DEFINITION OF KEY TERMS

A. Armed conflict

A contested incompatibility which concerns Governments and/or territory where the use of

armed force between two parties, of which at least one is the Government of a state, results

in at least 25 battle-related deaths.

B. Military Force

A force authorized to use lethal or deadly force and weapons to support the interests of the

state and some or all of its citizens. Its tasks include the defence of the state, and its citizens,

and the prosecution of war against another state.

C. Humanitarian aid

Humanitarian aid is material and logistic assistance to people who need help.

D. Peacekeeping

Activities intended to create conditions that favour lasting peace.

E. Self-determination

People, based on respect for the principle of equal rights and fair equality of opportunity,

have the right to freely choose their sovereignty and international political status with no

interference.

F. Bodily integrity

The inviolability of the physical body, emphasizing the importance of personal autonomy and

the self-determination of human beings over their own bodies.

G. Accountability

The obligation of an individual or organization to account for its activities, accept

responsibility for them, and to disclose the results in a transparent manner. It also includes

the responsibility for money or other entrusted property.



H. Right to life

A moral principle based on the belief that a human being has the right to live and, in

particular, should not be killed by another human being, or being so unlawful ly by another

human being mandated by a state.

I. Right to freedom of movement

Asserts that a citizen of a state in which that citizen is present has the liberty to travel, reside

in, and/or work in any part of the state where one pleases within the limits of respect for the

liberty and rights of others, and to leave that state and return at any time.

J. Right to keep and bear arms

The people's right to possess weapons (arms) for their own defence.

K. Mercenary and private military agent

A mercenary is a fighter who is not a member of the armed forces of a State party to a

conflict and fights primarily for financial gain.

Whereas mercenaries are often helping rebels take down a government, in turn destabilizing

a region, PMSCs work directly with governments to bring stability to a region. As PMSCs are

large corporations, continually selling its services to the highest bidder would quickly prove

unsustainable.

L. Foreign Fighters

Individuals who leave their country of origin or habitual residence and become involved in

violence as part of an insurgency or non-State armed group in an armed conflict. These are

more often motivated by the desire to fight for a cause.

M. Private military and security companies (PMSCs)

A corporate entity which provides on a compensatory basis military and/or security services

by physical persons and/or legal entities.

N. Military services

Specialized services related to military actions including strategic planning, intelligence,

investigation, land, sea or in reconnaissance, flight operations of any type, manned or



unmanned, satellite surveillance, military training and logistics, material and technical

support to armed forces and other related activities.

O. Security Services

Armed guarding or protection of buildings, installations, property and people, police

training, material and technical support to police forces, elaboration and implementation of

informational security measures and other related activities.

P. Export of military and/or security services

An export of military and/or security services from the home state in which a PMSC is

registered or an export of military and/or security services which a PMSC provides outsider

the state in which it is registered or where it has its principle place of management or

headquarters.

Q. Import of military and/or security services

An import of military and/or security services which a PMSC registered in a foreign State

provides.

R. Contracting states

States that directly contract with PMSCs for their services, including, as appropriate, where

such a company subcontracts with another PMSC or where such a company subcontracts

with another PMSC or where a PMSC operates through its subsidiary companies.

S. States of operations

States on whose territory PMSCs operate.

T. Home States

States of nationality of a PMSC, i.e., where a PMSC is registered or incorporated; if the State

where the PMSC is incorporated is not the one where it has its principal place of

management, the State where the company has its principal place of management or

headquarters is the home State.

U. Third States

States whose nationals are employed to work for a PMSC.



2. DISCUSSION OF THE TOPIC

Mercenaries, often referred to as the “world’s second-oldest profession”, have been part of

the history of war since its beginnings. They have been hired by a variety of actors in order to

supplement existing forces and/or to provide specific expertise in military tactics or technology.

They have shifted from individual entrepreneurs able to sell their services to the highest

bidder, either in groups or singly. This form of entrepreneurial mercenary was common roughly

between the 12th and 16th centuries, and was gradually replaced by a more organized system,

whereby states took control of the mercenary trade and bought and sold soldiers from one another,

a system that began around the 15th century and ended after the Crimean War in the mid-19th

century.

In the 20th century, mercenaries reappeared during the wars of decolonization in Africa, again

as entrepreneurial individuals, nearly always fighting against the interests of newly decolonized

states. In the late 20th century, private military companies appeared in conflicts in Angola and Si erra

Leone. These companies sold a broad range of military services, including providing combat troops.

They have disappeared and been replaced by private security companies, which again provide a

variety of military and military support services stopping short of combat. Private security companies

appeared in large numbers during the conflicts in Iraq and Afghanistan.

To study the problems raised by the mercenaries and the private security companies, the

Working Group on the Use of Mercenaries as a Means of Violating Human Rights and Impeding the

Exercise of the Rights of Peoples to Self-Determination was established in July 2005 pursuant to the

Commission on Human Rights resolution 2005/2. It succeeded the mandate of the Special

Rapporteur on the use of mercenaries, which had been in existence since 1987.

In September 2014, the Human Rights Council extended the mandate of the Working Group

for a period of three years.

The dominant aspect of the issue is Private Military and Security Companies (PMSCs) and

mercenaries hired by sovereign states to perform military roles they are not capable of themselves.

PMCs stress they are not mercenaries; they serve states as clients. Sometimes this means assuring

the security of legitimate governments. More often PMSCs perform guard duties or supply and

maintenance services. Because international law does not always cover such actors, their status is

highly controversial, although this is not the highlight of the debate.

This matter, given its complexity, raises several issues. We encourage all de legates to discuss

between problems raised by the perspective of the (A) self-determination and (B) of the violation of

other human rights.



A. SELF-DETERMINATION

The United Nations High Commissioner Office identify that mercenaries can operate in three

different types of situations.

The first is international armed conflict where mercenaries support one side. The second

involves internal conflicts where third states use mercenaries to achieve their goals. Involvements of

mercenaries in both situations can cause disintegration of states and thus result in denying the right

to self-determination. The third type concerns the non-conflict situation when mercenaries are

employed to execute changing of government by violent means. Such activities can be damaging to

the state. It causes special threats to small countries with valuable natural resources because their

small military capabilities make them vulnerable to mercenary activities. Additionally, the

government that hires such services has to consider financial expenses that in other ways would be

spent for development.

B. V IOLATION OF OTHER HUMAN RIGHTS

Private military agents and mercenaries working for PMSCs may commit abuses and human

rights violations while fulfilling their activities in situations of violent or low-intensity conf lict. The

potential for human rights abuses in such situations is an ever-present threat, and it is nearly

impossible to hold PMSC employees accountable for their actions. In a conflict area with active

hostilities fought in the heart of cities with unclear distinctions between combatant and non-

combatant, it is impossible to distinguish defensive from offensive roles.

Given the fact that mercenaries and private military agent forces are not under the direct

supervision of their country of origin or their client country, this means that they may not be as

accountable as traditional soldiers. An example of this is the massacre committed in Iraq by private

soldiers of Blackwater, when they opened fire on Iraqi civilians. In this case, there was a precedent in

the U.S. for the prosecution of private soldiers, however in many other countries, legislation

concerning private soldiers does not yet exist. There is also the issue of PMSCs being used as private

security for companies exploiting natural resources or the people of developing nations. Private

military agents are hired for these kinds of missions since they don’t have the same accountability or

ethics as traditional armies. A notable instance of this occurring is in Bosnia, where private mi litary

agents were alleged to be support sex-trafficking and the abuse of minors.

Private contractors often circulate without identification and drive in unidentified sport utility

vehicles (SUVs) with tinted glasses and no plates, behaving similarly to the infamous death squads. In

Afghanistan and Iraq, the two countries with the largest presence of PMSC staff, the population is



confused and finds it extremely difficult to distinguish employees of different companies from state

forces.

As it was already stated, these forces are not under the direct supervision of their country of

origin or their client country, meaning that they may not be as accountable as traditional soldiers.

The lack of accountability for human right violations that they have committed has been partly due

to the difficulties in the application of domestic laws to PMSC acting in foreign countries as well as to

the difficulties in carrying out investigations in failed states. It has also been partly due to the

difficulties in establishing responsibilities. Indeed, if the direct responsibility of the state for human

rights violations can easily be proved when one of its agents commits a human right abuse, it is

much more difficult to establish the link when it is a contracted PMSC or one of its employees.

Moreover, under international law for human right abuses ,only the responsibility of natural

persons, not legal persons, are recognized. To these circumstances also has contributed the

immunity granted by governments to PMSC operating in a number of situations.

PMSC employees and mercenaries often find themselves working in a situation of armed

conflict where they are constantly exposed to “great risk and immediate danger” in a “hostile

environment” including but not limited to “the threats inherent in a war situation” as indicated in

the contracts they sign.

Within the several human rights violations reported, a few are highlighted. Specific situations

may constitute violations of certain categories of rights of people, not only the highlighted ones, but

also the right of people to self-determination. This right has been examined by many internat ional

institutions, including the UN General Assembly and the UN Security Council, with respect to the

activity of mercenaries.

However, we also have to remember human rights obligations and the basis of them: the

protection of the right to life and bodily integrity. That aspect is connected with obligations of states,

which should punish violations of human rights and international humanitarian law committed by

PMSCs. If they do not punish them, due to the lack of will or lack of ability, state authorities violate a

basic obligation: to protect human rights, which consequently increases the level of impunity of such

companies and their personnel.

With respect to categories of potential human rights violations committed by PMSCs, or with

their participation, legal analysis should include specific categories of international humanitarian law

and international criminal law provisions. Since in practice private security companies often operate

in armed conflict zones, their activity may constitute serious violations of international humanitarian

law.



When involved in crimes or human rights violations, these private security guards have not

been sanctioned or brought before a court of justice, as exemplified by the involvement of

contractors in torture and shootings against civilians in Iraq.

3. BLOC POSITIONS

Given the difficulty to qualify the use of mercenaries a good or bad due to the phi losophical

complexities that arise from discussing the topic, bloc positions for this issue tend to vary greatly and

be highly vague. Many nations refrain from choosing a stance on the issue whether it pertains to

mercenary use for themselves, or other nations. In addition, many countries express distaste for the

use of PMSCs despite employing mercenaries for their own conflicts. Therefore, to accurately

portray a nation’s views, one must do research specific to one’s country (see Chapter V and VI).

Three groups of countries may be involved in the activities carried out by transnational

PMSCs: (i) exporting countries supplying private military and security services; (ii) importing

countries demanding such services, and (iii) states of PMSC staff nationality, often from developing

countries furnishing cheap labour to the transnational PMSCs.

Although PMSCs are not the focus of the debate, considering the difficulties in identifying bloc

positions in the issue, you may consider relevant the information below.

Countries that are against the use of PMC: • Argentina • Brazil • Cameroon • China • DPRK • Germany • India

• Iraq • Italy • Nigeria • Libya • Senegal .

Countries such as Iraq and Libya do not support their presence as they feel that it hinders the establishment of

a peaceful government in their country.

Countries l ike Russia are stil l considering the establishment of PMCs.

Countries with PMSC headquarters: • Afghanistan • Australia • France • Japan • Peru • Republic of Korea •

South Africa • United Kingdom • United States of America .

We would l ike to remind all the delegates that the focus of the debate is not the distinction

between mercenaries and private security agents. That difference is irrelevant. The focus of the

debate should be about the violation of human rights in general, including the right to self-

determination, carried out by these people. You should also focus on the consequences that those

violations have to the locals that are affected.

MERCENARIES, PRIVATE MILITARY AND THE FOCUS OF THE DEBATE



IV. POINTS THE RESOLUTIONS SHOULD ADDRESS

First of all, there are several legal issues concerning mercenaries that have not been resolved.

The first issue is legal definition that would allow for easier identification of such persons or groups.

Is an international system of oversight, like the one the working group for mercenaries has called

for, needed to regulate PMSCs? The second issue is the question if mercenary activi ties should be

fully prohibited or regulated. The third issue is connected to its potential unlawful character. Should

it implicate specific or ordinary existing offences like murder, assault etc.? The fourth issue is

responsibility for the activities of mercenaries. To what extent are mercenaries responsible for

themselves, and the same for those who recruit and use them? What is the responsibility of states

using mercenaries?

The involvement of PMCs and mercenaries in Iraq and Afghanistan put the topic on the global

agenda and caused much controversy. The problem is made especially difficult because some

countries are dependent on PMCs and mercenaries, while others feel fundamentally threatened by

such legally unrestrained operators. As such, what is the status of the staff of these companies, their

responsibilities under international humanitarian law and the responsibilities of the states that hi re

them?



V. FURTHER USEFUL INFORMATION

The first step for making a good intervention during the Debate is to research your state’s

policy about the main topic. It is crucial to know what are your country’s aspirations and what kind

of measures can be put into practice. Besides that, political alliances are one of the master ke ys to

make sure that your state’s goals will be successful. How is your state in terms of diplomacy? Is it

more bellicose, strategist and likes to be a leader? Or is it more peaceful and gentle, more like a

follower, in an already formed block? These are some points that you should keep in mind in order

to get information about the subject.

The International Convention against the Recruitment, Use, Financing and Training of

Mercenaries can be a good starting point since this treaty can help you to understand what this

problem is about. Then, you must find information and data about this practice in your country

official records – what is your state’s position about the use of mercenaries during armed confl ict?

Are there any cases reported in your country? Is it a state that respects human rights and is

concerned about the damages that war can cause in civilians, especially women and children? What

is your state’s normal stance in armed conflicts and humanitarian interventions? Which are the most

appropriate solutions for this problem? - These questions, and other alike, will assure that you f ind

the best possible arguments for the discussion.

After that you need to have a look in statistics, legal framework and, maybe, try to find

interesting facts and stories that capture the Committee´s attention! That will help you to reach

partners and political coalitions for your ideas.

The UN official website and the UN Social, Humanitarian and Cultural Committee (SOCHUM)

website can also be useful tools for your research since you can look for information on Draft

Resolutions about this topic or related issues, and some official speeches from your state, explaining

its position about this problem. Beyond that, and if you have curiosity, you can also see other state’s

speeches to have an idea of which are the ones that are on your side and the ones that you have to

convince with your views.

You should also keep in mind that not all sources are reliable. NGO’s websites are always good

choices for a good investigation because they usually have interesting articles and correct statistics.

Then again, you must keep in mind that regarding social and political affairs, and particularly, i f you

search for media coverage, being impartial is almost impossible so it is likely to find more obstinate

convictions about this topic. However, media articles are always very useful for your researches and

you shouldn’t forget to take a look at them too.



You, as a Delegate, are an official representative of your Country in the UN. Therefore, you

must share its views as faithful as possible.

Unity makes strength so don’t forget that consensus must be a goal and this can only be

achieved through dialogue and tolerance. Finally, if every Delegate is open to new suggestions , the

Debate will be much more successful – and even if we don’t find a solution to the problem, we are

making efforts to accomplish one in the near future.



VI. FURTHER READING AND BIBLIOGRAPHY

International Convention against the Recruitment, Use, Financing and Training of Mercenaries

http://www2.ohchr.org/english/law/mercenaries.html

The Impact of Mercenaries on the Right of Peoples to Self -Determination. Fact Sheet No. 28.

http://www.ohchr.org/Documents/Publications/FactSheet28en.pdf

Working group on the use of mercenaries as a means of violating Human rights and impeding the

exercise of the right of peoples to self-determination

http://www.ohchr.org/Documents/Issues/Mercenaries/WG/StudyPMSC/EventSummary.pdf

Violation of human rights by PMSC agents and mercenaries

http://psm.du.edu/media/documents/reports_and_stats/journal_articles/reports_journal_author_k

_karska_human_rights_violations_private_military.pdf

Special Rapporteur on use of mercenaries as a means of impeding the exercise of the right of

peoples to self-determination

http://www.ohchr.org/EN/Issues/Mercenaries/SRMercenaries/Pages/SRMercenariesIndex.aspx

Use of mercenaries as a means of violating human rights and impeding the exercise of the right of

peoples to self-determination (Resolution from 2009)

http://unispal.un.org/UNISPAL.NSF/0/0E1651D6B9CFCB008525766900575990

“The Montreux Document” Montreux Document on pertinent international legal obligations and

good practices for States related to operations of private military and security companies during

armed conflict.

https://www.icrc.org/eng/assets/files/other/icrc_002_0996.pdf

OAU Convention for the Elimination of Mercenaries in Africa

http://www1.umn.edu/humanrts/instree/mercenaryconvention.html

Private Military and Security Companies 35th Round Table on Current Issues of International

Humanitarian Law

http://www.iihl.org/wp-content/uploads/2015/12/PMSCs.pdf

http://www2.ohchr.org/english/law/mercenaries.html

http://www.ohchr.org/Documents/Publications/FactSheet28en.pdf

http://www.ohchr.org/Documents/Issues/Mercenaries/WG/StudyPMSC/EventSummary.pdf

http://psm.du.edu/media/documents/reports_and_stats/journal_articles/reports_journal_author_k_karska_human_rights_violations_private_military.pdf

http://psm.du.edu/media/documents/reports_and_stats/journal_articles/reports_journal_author_k_karska_human_rights_violations_private_military.pdf

http://www.ohchr.org/EN/Issues/Mercenaries/SRMercenaries/Pages/SRMercenariesIndex.aspx



https://www.icrc.org/eng/assets/files/other/icrc_002_0996.pdf



http://www.iihl.org/wp-content/uploads/2015/12/PMSCs.pdf

NATIONAL MUN CONFERENCE 2017 - Lisbon Model United Nations · and knowledge not of the workings of...

Documents

Transcript of NATIONAL MUN CONFERENCE 2017 - Lisbon Model United Nations · and knowledge not of the workings of...