UNSC

ARMED CONFLICT AS A THREAT INTERNATIONAL PEACE AND SECURITY

BACKGROUND GUIDE

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Letter from the Chair.

Distinguished delegates;

Kindly receive my warmest complements. It is my pleasure to welcome you to Security Council

in the Sub Saharan International Model United Nations 1st mock debate. I am pleased with the

interest shown by delegates intending to represent the 15 members of this council.

The Security Council is a high standing committee in the UN and for that reason, delegates are

expected to have good mastery of content and their country’s position to enable them advance

intelligent arguments. In addition, all averments made during the discussions should be founded

on relevant and correct authorities which should include inter alia; statistics, laws, scholarly

writings and published reports.

It is my plea to all delegates to ensure that they are conversant with the Rules of Procedure and the

flow of debate in order to facilitate vibrant simulations. Vibrance is, however, secondary to

knowledge so thorough research is expected of all delegates first and foremost.

Kind regards,

Barney Sultani,

UNSC Chair.

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INTRODUCTION TO THE COMMITTEE

COMMITTEE INFORMATION

The Security Council consists of 15 members—five permanent members (the Republic of China

[Taiwan], France, the Soviet Union, the United Kingdom, and the United States) and 10 non-

permanent members elected by the UN General Assembly for two-year terms. The non-permanent

members are generally chosen to achieve equitable representation among geographic regions, with

three members from Africa, two from Asia, one from Eastern Europe, two from Latin America,

and two from Western Europe or other areas. Five of the 10 non-permanent members are elected

each year by the General Assembly for two-year terms, and five retire each year. The presidency

is held by each member in rotation for a period of one month.

Each member has one vote. On all “procedural” matters—the definition of which is sometimes in

dispute—decisions by the council are made by an affirmative vote of any nine of its

members. Substantive matters, such as the investigation of a dispute or the application of

sanctions, also require nine affirmative votes, including those of the five permanent members

holding veto power. In practice, however, a permanent member may abstain without impairing the

validity of the decision. A vote on whether a matter is procedural or substantive is itself a

substantive question. The Security Council is required to function continuously thus each member

is represented at all times at the United Nations headquarters in New York City.

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Any state—even if it is not a member of the UN—may bring a dispute to which it is a party to the

attention of the Security Council. When there is a complaint, the council first explores the

possibility of a peaceful resolution. International peacekeeping forces may be authorized to keep

warring parties apart pending further negotiations. If the council finds that there is a real threat to

the peace, a breach of the peace, or an act of aggression as defined by Article 39 of the UN Charter,

it may call upon UN members to apply diplomatic or economic sanctions. If these methods prove

inadequate, the UN Charter allows the Security Council to take military action against the

offending nation.

In addition to several standing and ad hoc committees, the work of the council is facilitated by the

Military Staff Committee, Sanctions Committees for each of the states under sanctions,

Peacekeeping Forces Committees, and an International Tribunals Committee.

INTRODUCTION TO THE PROBLEM.

Recently, there has been a lot of international buzz and backlash over the United States' activities

in Iran, that is, the killing of Qassem Solemani, a military general who was killed after a missile

was fired at the Tehran airport at the command of the US President, Donald Trump as confirmed

by the Pentagon. Media coverage has been extensive over the issue globally. Iran has since

promised to retaliate to even out the score. International law provideS guidelines to how the

situation should have been approached in the first place, the escalation of the matter could have

completely been avoided.

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DISCUSSION

ARMED CONFLICT

An armed conflict is a contested incompatibility that concerns government 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 in one calendar year. Armed conflicts – wars – continue

to cause death, displacement and suffering on a massive scale.

Numerous armed conflicts are currently taking place around the world including those involving

warring parties within a single state (non-international armed conflicts) and those involving armed

forces from two or more states (international armed conflicts). In 2016, armed conflicts killed more

than a hundred thousand people; countless survivors were maimed, tortured, raped, forcibly

displaced, or otherwise seriously abused. By the end of 2016, 65 million people around the work

remained displaced by armed conflict; the largest number ever recorded.

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THE PRINCIPLE OF INTERNATIONAL SECURITY

International security, also called global security, is the measures taken by states and international

organizations, such as the United Nations, European Union, and others, to ensure mutual survival

and safety. These measures include military action and diplomatic agreements such as treaties and

conventions. International and national security are invariably linked. International security is

national security or state security in the global arena.

Organisatios such as Amnesty International conduct on-site and remote investigations into

violations of international law during armed conflicts. Researchers spend thousands of hours each

year on the ground in conflict-affected areas, interviewing witnesses and survivors, and gathering

information from a wide range of local organizations and officials, including military and law

enforcement. United Nations arms and military advisors identify weapons and munitions and

analyse their effects.

They also employ a variety of cutting-edge remote-sensing techniques – including the analysis of

satellite imagery as well as verification of available digital evidence, such as videos and

photographs uploaded by witnesses – to monitor armed conflicts around the world. Together, the

testimonial and photographic evidence collected in the field and the data and imagery gathered

remotely provide the factual basis global advocacy and campaigns.

A major aspect of international security is the principle of Territorial Sovereignty, which cannot

be discussed completely without regarding the decision of the International Court of Justice (ICJ)

in the Nicaragua Case in 1986, also cited as the Case of the Military and Paramilitary activities

of the US in Nicaragua.

In the famous case, the Court determined that the US had indeed violated International law, not by

directly participating in the armed activities in Nicaragua, but rather by arming the Contras, the

belligerent group in Nicaragua. How much more, when actual missiles have been fired into the

territory of Iran and worse, without authorization of the Security Council and on the face of it,

without the action falling within the exceptions as to when Use of Force is permissible in the

international community.

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Also in the case concerning Armed Activities on the Territory of the Congo (Democratic

Republic of the Congo v. Uganda), on 23 June 1999, the Democratic Republic of the Congo

(DRC) filed in the Registry of the Court Applications instituting proceedings against Burundi,

Uganda and Rwanda “for acts of armed aggression committed . . . in flagrant breach of the United

Nations Charter and of the Charter of the Organization of African Unity”.

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UNSC PROCEDURE ON SANCTIONING AND PUNISHMENT.

THE 1267 PROCEDURE.

The UNSC has the primary responsibility to maintain international peace and security- In that

sense, the Security Council has been the primary architect of the UN's counter-terrorism regime

that condemns acts of terrorism, imposes obligations on states, ensures capacity building and

imposition of sanctions on individuals.

All sanctions are therefore under the Security Council, to invoke or impose sanctions, pursuant to

Article 41 of the Charter of the United Nations.

.The 1267 Committee was tasked with monitoring state compliance with the obligations contained

in the Resolution. Since, the sanctioning regime has been modified by a number of other

Resolutions; 1333, 1390, 1455, 1526, 1617.

The procedure works in that the names of individuals, considered to be a threat to the security of

a particular country, are listed under what is called the 'Consolidated List' and then that comes with

many repercussions for that individual for example restrictions as to ownership of property,

movement, etcetera.

Most importantly, it is the agreed upon method countries are to resort to in dealing with countries

and individuals they consider a national security threat.

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QUESTIONS A RESOLUTION MUST ANSWER

1. What is the role and efficacy of the 1267 procedure and International Dispute

Resolution procedures.

2. What are the repercussions to the unauthorized use of force by states on other states

3. What reparations are we looking at after the undermining of the territorial integrity of

a state.

4. How does immunity of the state and it's officials play out in the face of procedures such

as the 1267 procedure;

5. What are the exceptions to the rule against the use of force?

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BIBLIOGRAPHY

● The Charter of the United Nations

● Congo v Belgium 2002, ICJ (Arrest Warrant Case)

● DRC v Uganda (The Case concerning Armed Activities on the Territory of the Congo)

● US v Iran 1976 (Hostages Case)

● Nicaragua v US (The Case concerning Military and Paramilitary Activities of the US in

Nicaragua)

● ICJ Advisory Opinion on the Legality of the use of Nuclear Weapons during Armed

Conflict.

● Exparte Pinochet

● Malcolm Shaw on International Law

● Alina Kacrozowska on International Law