International Criminal Court

Transcription

1 AMUN XVII On March 7, 2014, The International Criminal Court in The Hague sentenced militia leader Germain Katanga to 12 years in prison for his war crimes in the Democratic Republic of the Congo - marking the second conviction in the Court s history. A Background Guide for the International Criminal Court Chairs: Doungeun Kim and Peter Park

2 Contents: Letters from the Chairs Committee Introduction... 4 Topic History.. 5 Possible Solutions 6 Committee Mission.. 6 Procedure... 7 Objections.. 8 Questions to Consider... 9 Rome Statute 9 References. 10 Page 2 BG for the ICC: The Prosecution of Joseph Kony

3 Dear Delegates, AMUN XVII Bergen County Academies Model United Nations - The 17th Annual Conference - Hello delegates My name is Dongeun Kim, the Director of External Affairs for AMUN XVII, and I will be serving as your co-chair for International Criminal Court Committee along with Peter. I am currently a senior in the Academy for the Advancement of Science and Technology here at the Bergen County Academies, and I have been a Model UN delegate since I was a freshmen. I began my MUN career at AMUN XV, where the constructive debate style of MUN captivated me. I went on to conferences such as FAIRMUNC, RUMUN, WAMUNC, and PMUNC, winning outstanding and best delegate awards along the way. Outside of Model UN, I am a member of BCA's concert choir and I spend time in laboratories performing my independent research. What I love about Model UN most is that it employs organized constructive discussions rather than slanderous debate, and I am always excited to see enthusiastic delegates engage in a productive, meaningful debate. I hope the delegates of this committee will display that kind of inspiring. If you have any questions regarding this committee or the conference, please do not hesitate to send me an . I am looking forward to our meeting soon Sincerely, Dongeun Kim, Co Chair, ICC dongekim@bergen.org Dear Delegates, Hello delegates My name is Peter Park, and I will be serving as your co-chair for the International Criminal Court alongside Dongeun. I attend the Academy of Business and Finance as a junior, and I have been involved in many aspects of Model UN since the beginning of high school. I became interested with Model UN with the elective in my freshmen year and since then I have attended YMUN, PMUNC, AMUN, and HeschMUN. While my experience lies in more crisis committees, I was a delegate in the ICC committee at YMUN 2014, and the experience and the unique structure was what prompted me to chair AMUN s very own ICC committee this year. I see Model UN as an opportunity to not only become a better speaker and networker, but as an opportunity to become a global, informed citizen. Every conference I go to, every delegate I meet, I always learn something, either through research, making friends, talking about policy or forming blocs. I find that aspect of Model UN very rewarding and entertaining. Outside of Model UN, I am an avid cellist participating in selective orchestras and ensembles and a member of the BCA Debate Team. Make sure to introduce yourself to me, as I would love to get to know each of you. Sincerely, Peter Park, Co Chair, ICC petpar@bergen.org Page 3 BG for the ICC: Prosecution of Joseph Kony

4 Committee Introduction: The International Criminal Court (ICC) is an international body independent of the United Nations that tries perpetrators of most serious crimes from an international standpoint. The legal process of ICC is heavily governed by its Rome Statute, and all of the charges put forth by the prosecutors of the court must originate from the Rome Statute. The ICC committee of AMUN XVII will hold the trial of The Prosecutor v. Joseph Kony. Joseph Kony is the alleged leader of the Lord s Resistance Army (LRA), a resistance army that over the years of its activity, has been accused of multiple human rights violations such as abduction and use of child soldiers. The fight against the Ugandan government over the years has caused the LRA to diminish in numbers, but it still continues to cause chaos in remote rural areas of Uganda. The case had been officially declared by the ICC in 2005, but Joseph Kony has not yet been arrested and brought to trial before the ICC in The Hague. For the purposes of this committee, it will be assumed that Joseph Kony has been brought to The Hague, and multiple evidences surrounding the case will be provided by the dais to the delegates to help them make their case. Delegates in this committee will either be a part of the defense or the prosecution, and through the use of the Rome Statute and evidence provided by the dais, delegates will debate on the charges to be put on Joseph Kony. Topic History: Joseph Kony is the founder and leader of the Lord s Resistance Army (LRA), a rebel group primarily operating in Uganda. Founded in 1987, the LRA is a rebel group to the Ugandan government, with Kony claiming to be a Christian prophet and justifying his insurgencies actions as religious cleansing. Since then, it has been reported that Kony s LRA has killed up to 65,000 people and kidnapped up to 40,000 people in its reign of terror. The LRA has also displaced over a million people between 1987 and 2005, burning hundreds of Ugandan villages while killing children, forcing rape of mothers, and forcing children to kill their father in a ritual. The LRA s other regular activities include extortion, blackmail, massacres and mass kidnapping. In 2005, Joseph Kony was formally indicted by the ICC with 12 counts of crimes against humanity and 21 counts of war crimes. Page 4 BG for the ICC: Prosecution of Joseph Kony

5 Since then, the LRA has avoided the increased scrutiny, operating in the neighboring regions of South Sudan, the Democratic Republic of Congo, and the Central African Republic. Attempts to arrest Kony have proven futile, as his resources extend past his LRA to allies in Sudan and the Republic of Congo. Al-Bashir, the president of Sudan, has previously subsidized the LRA to destabilize the Ugandan state and has offered political asylum in many instances to LRA members. In 2006, a U.N-sponsored attack on the LRA headquarters by Guatemalan commandos ended up with every single commando dead and Kony disappearing again. At the height of power, the LRA has been said to consist of 15,000 soldiers, with Kony controlling 10,000 of them. In 2012, a viral social media campaign by the organization Invisible Children named Kony 2012 gathered much attention to the growing effort against Kony, but has not contributed much due to the political stalemate with South Sudan and Uganda. Kony has yet to be arrested, evading capture since the 2005 indictment. Possible Solutions: The International Criminal Court operates in a very different manner from other UN committees, in that instead of resolutions being passed to solve issues, decisions will be made concerning the fate of the indicted. In many ICC cases, there is not much liberty or gray space in the decisions made or the regulations passed, and this will apply to the AMUN ICC committee as well. Factors to consider in possible solutions are 1. Adherence to the Rome Statute and other ICC/UN regulations, 2. Adherence to the ICC s jurisdiction, 3. Relevance to topic and the indicted, and 4. Impact on future cases and other complications. Any decisions or regulations passed must comply with existing ICC restrictions and most importantly the Rome Statute to have weight in the international community. Delegates also must consider their solution s relevance to the indicted. In many college conference ICC committees, solutions are often passed according to the delegates morality rather than to specifically match the case. In making final decisions, delegates are strongly recommended to remove individual bias and examine the solution s relevance to the topic at hand. Most importantly, when deliberating on final decisions, delegates must look ahead and anticipate potential feedback and Page 5 BG for the ICC: Prosecution of Joseph Kony

6 consequences of the court s actions. Actions taken in the ICC have consequences that reach further than the Kony case at hand, in future cases and jurisdiction. Committee Mission: The goal of this committee is to determine whether Joseph Kony is guilty of international crimes as outlined by the Rome Statute. The prosecution must debate that the crimes of Joseph Kony fall under crimes outlined by the Rome Statute while the defense must argue that they do not. The dais, which will act as the judge of this committee, will make its ruling based on the arguments presented by both sides. Effective and intelligent use of evidences will be key in persuading the judge. Procedure The International Criminal Court Committee of AMUN XVII will employ a mixture of General Assembly procedure and Crisis committee procedure while retaining the basic structure of the ICC s court hearing procedure. The procedure of this committee is unique, and this section of the background guide will provide an overview as to how the ICC will run at AMUN XVII. The committee will be divided into two teams, prosecution and defense. Delegates must adhere to their assigned team and will cooperate with other delegates in their assigned teams. The dais will serve as the judges of the court. The dais will have final say in any motions and the dais will have the power to rule out anything deemed dilatory. General Assembly procedure such as moderated caucuses and unmoderated caucuses will be recommended by the dais to advance conversations, facilitate debate and expedite the case proceedings. During the moderated caucuses, the dais will call upon one delegate from either defense or prosecution to speak then proceed to yield the floor to a delegate of opposite team. Delegates will engage in a constructive debate during moderated caucuses It will be the responsibility of the delegates to frame their discussions; the dais will not facilitate the topics of discussion unless deemed necessary. As in the actual ICC or any judiciary environment, evidences such as witness testimonies and media clips will be hotly contested and utilized to support either side. The dais will periodically provide various evidences Page 6 BG for the ICC: Prosecution of Joseph Kony

7 such as witness testimonies, press releases or news throughout the conference to stimulate discussion and allow delegates to formulate their approach to the case. However, delegates are encouraged to do independent research on Joseph Kony and collect evidence that may be used to support their side of the case. Delegates must submit these evidences to the dais prior to the conference date with their position paper for processing before it can be introduced before the committee as credible evidence. Delegates may not introduce or use unprocessed evidence during the conference. Acceptable evidences will be any kind of media, press releases, and statements made my political figures. These must be sent to the dais in forms of URLs or readable files. Any questions should be directed to the ICC chairs' . When witnesses are brought to court, they will present their testimony and open themselves to cross examination to both prosecution and defense. Cross examination is an opportune time for either sides to extract useful information from the witness. Therefore it is advised that delegates use the time wisely. During the cross examination, an opposing team may make objections to the questions posed by the cross examining team. Objections are explained in the next section of this topic guide. Objections Delegates will be able to make objections during cross-examinations. An objection can be made only when the situation meets a specific criteria. To make an objection, raise a placard and say "objection" to the dais. The following are the objections that may be made in this committee: I. Argumentative: A delegate is making an argument with another rather than asking a question or making a statement. II. Asked and Answered: The posed question had previously been answered or discussed already. III. Assumes facts not in evidence: A delegate's question assumes something to be true without the support of evidence Page 7 BG for the ICC: Prosecution of Joseph Kony

8 IV. Badgering: Delegate is purposely antagonizing the witness to obtain a response V. Speculation: The question asks witness to make speculations without relying on facts. Opinions may be asked for but should not lead witness to make speculations. VI. Hearsay: The witness could not have known a fact unless it was presented by an outside source VII. Leading Question: The question suggests an answer to the witness. Used for cross examinations. Questions to Consider: 1. Does the evidence wholly support your claim, or can there be a loophole? 2. What are the future implications of this case to the ICC? 3. What punishment is appropriate for Kony s actions? 4. What constitutes a crime against humanity? 5. What constitutes a war crime? 6. What are the detailed operations of the LRA since 2005? 7. Does evidence connect Kony with the LRA? Rome Statute: The following is a one page excerpt of the ICC Rome Statute. The entire Rome Statute can be used for the case, and the rest of the document can be found on ICC website. Article 1: The Court An International Criminal Court ( the Court ) is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The \ Page 8 BG for the ICC: Prosecution of Joseph Kony

9 jurisdiction and functioning of the Court shall be governed by the provisions of this Statute. Article 2 : Relationship of the Court with the United Nations The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf. Article 3: Seat of the Court 1. The seat of the Court shall be established at The Hague in the Netherlands ( the host State ). 2. The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf. 3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute. Article 4: Legal status and powers of the Court 1. The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes. 2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State. References: rome_statute_english.pdf 5. ReferenceDetailsWindow? failovertype=&query=&prodid=whic&windowstate=normal&contentmodul Page 9 BG for the ICC: Prosecution of Joseph Kony

10 es=&displayquery=&mode=view&displaygroupname=reference&limiter=&u=hack2285 1&currPage=&disableHighlighting=false&displayGroups=&sortBy=&source= &search_within_results=&p=whic %3AUHIC&action=e&catId=&activityType=&scanId=&documentId=GALE %7CK Page 10 BG for the ICC: Prosecution of Joseph Kony