Legal Committee Background Guide

Download the Background Guide HERE or in the Document Download Page

In order to provide delegates with the best possible experience and be able to have larger committees we have made the decision to cancel this committee.

Esteemed Delegates,
My name is Nrupa Patel, and I will be chairwoman of the Legal Committee for the 2008 Bradley University Model United Nations Conference.  I am a junior here at Bradley University, and I am an international studies and political science double major with concentrations in comparative and American politics.  The other board member for this committee is Vanessa Carranza.  Vanessa Carranza is also a junior and is an international business major.  We were especially assigned to work on this committee due to Vanessa’s interest in human rights, and my own interest in international law.  I plan on going to law school after I complete my undergraduate studies, so I am happy to serve as chairwoman for this committee as it will help me develop a good sense of the implementation of laws.
The legal committee’s main function is to ensure that all laws are being following in the international community.  This committee protects states from all illegal actions that occur on the country’s land or in the country’s air and waterways.  This committee also has the job of ensuring that UN proposals do no contradict any laws.
            There will be three topics for this committee’s meeting this year.  The topics are the instability in the Chechen oblast of the Russian Federation, the crisis in the Darfur region of Sudan, and human cloning/stem cell.  We understand difficulty you might have with these topics.  If you have any questions or comments please contact us. My email address is napatel@bradley.edu.

            The three topics that will be presented in this background guide are:

Sincerely,
Nrupa Patel
BUMUN Staff 2007-2008
Legal Committee Chair

1.  Cloning/Stem Cell Research

            Stem cell is a controversial issue in the global community. Stem cells are unique cells that have the ability to differentiate into other types of cells and tissues. It is believed that they can be used to replace sick, dead, or faulty cells. Thus scientists believe they can cure a great variety of diseases from diabetes to Parkinson’s. The controversy and conflict over this topic is dealt primarily by how the stem cells are harvested. On February 12, 2004, researchers in South Korea claimed that they were successful in cloning a human embryo for the purpose of harvesting stem cells. Ethical issues have been raised as to whether it is appropriate to clone and destroy human embryos in order to get stem cells. However, it is also important to note that not all stem cells are embryonic. Research has been done on adult stem cells which are called somatic stem cells. Somatic cells can be separated from a tissue in an adult without harming the person. In other words, there are no embryos destroyed in harvesting adult stem cells. Research on adult stem cells is still a bit murky so it is unknown as to their usefulness or effectiveness in curing disease. Most scientists would agree that embryonic stem cells are more capable of forming any stem cells thus are more useful in curing disease.
            The U.N. is deeply divided on this issue for multiple reasons. Many countries (including South Korea) have banned human cloning. The Legal Committee itself has taken steps to address this issue—71 members voted to ban all cloning, 35 members voted not to ban cloning, and 43 members abstained from voting. In other words, only a plurality of the members voted to ban all cloning. Furthermore, there has been a proposal for a draft international convention on the prohibition of all forms of human cloning. Those countries that do not desire a ban on stem cell research and human cloning are pushing for the U.N. to postpone debates on the issue because they do not want to adhere to a ban on cloning should the U.N. vote in such a manner.
            This committee’s purpose on this topic is to deal with the legality of either banning or allowing for embryonic cloning on deal with stem cells. This committee approved of a non-binding declaration banning human cloning on February 2005. Now the Legal Committee must focus on whether this ban should be made binding or whether the ban should be obliterated all together. This committee must also take into consideration that many countries have already banned human cloning within its borders.

Committee Directives

2.  Darfur Genocide

The Darfur region is in western Sudan, and the genocide there is believed to have started on February 2003.  The Sudanese military and a militia group known as the Janjaweed, which are made up of Sudanese Arab tribes, have attacked non-Arab Sudanese.  The Sudanese government has denied supporting the Janjaweed yet it has given the militia group and participated in attacks.  The attacks upon the non-Arab Sudanese civilians have escalated to the point where there is a major humanitarian crisis.  The UN believes that the conflict has left over 450,000 dead and over 2.5 million are believed to have been displaced.  The Sudanese government is not cooperative, as it has tampered with evidence proving the genocide and killed many witnesses of the horrific events.  As of now, the Janjaweed continues to attack more and more villages causing.
The UN has been and is currently working on proposals to end this genocide.  The UN Security Council passed a resolution on August 31, 2006 that allowed for the placement of 22, 500 peacekeeping troops in Darfur for the purpose of protecting its civilians.  Despite this authorization, only 200 advisors have been deployed.  Some UN states refuse to comply with this so the UN hopes that these states comply and the troops are deployed as soon as possible.  The UN also had a mission to go to Darfur and obtain more evidence of the genocide, but the Sudanese government prevented that by refusing to give out visas.  The UN’s inability to do much about Darfur is disturbing but there are many reasons behind it.  The UN does not believe the killings can be categorized under “genocide,” and many states refuse to take action against Sudan because they either have ethnic or economic ties with the Sudanese government.  Some proposals that have been brought up in the UN are to deploy an effective and peacekeeping, call for a ceasefire, and move all the displaced peoples back to their original homeland.
This committee’s purpose is to deal with all issues that deal with all illegal actions that take place on a state’s land or in a state’s waterway or airspace.  This committee should focus on reducing the violence in Darfur by legal means.  The UN does not have the right to infringe upon the national sovereignty of a state, so it will be up to this committee to hammer out ways to deal with the Darfur crisis in noninvasive ways.  The legality of different proposals on how to deal with the Darfur crisis will also be a focus of this committee.

Committee Directives

3.  Chechnya

Chechen rebels have been struggling for autonomy from Russia since 1991 in a conflict, which Moscow says, is over.  The recent crisis in Chechnya during the past decade has seen numerous human rights violations and draws parallels to many other conflicts around the world.  Russia attempts to use humanitarian reasons and mass bombings with precise military technology to wage a high-tech war has resulted in the displacement of thousands of people, with the region's capital city and economy in ruins.  Moreover, about 70,000 civilians are estimated to have died, 160,000 people in Chechnya and 150,000 in Ingushetia are displaced by the war; some 50% of these are children.  Sadly, it is another conflict where the civilians are the ones who suffer most.  There is also trade and access related reasons for this conflict as the issue of geopolitics, the Caspian Sea oil and control of it.  In addition, there are about 500,000 mines in Chechnya, making it one of the most mine-contaminated zones in the world.
In 2002, the Secretary-General for Children and Armed Conflict, Mr. Olara A. Otunnu visited Chechnya to assess first-hand the situation of children affected by the armed conflict.  During the mission, Mr. Otunnu held discussions with the Deputy Prime Minister and senior ministers of the Russian Federation, the President of Ingushetia, the Deputy Prime Minister of Chechnya, and the Prime Minister of North Ossetia-Alania, representatives of U.N. agencies, NGOs and religious leaders.  Mr. Otunnu welcomed the issuance by the Military Commander of Chechnya of Order Number 80 of April 2002, which sets out clear and transparent procedures to be followed during operations to ensure greater protection of civilians and accountability.
Sadly, the United Nations World Food Programme said, of the 39,000 displaced Chechen’s who have returned since 2004, many live in dire conditions, struggling to survive amidst the devastation, high unemployment and escalating poverty.  In July 2006, the WEP explained, it would have to halt its operation in the devastated republic entirely in three months unless fresh pledges are made soon.  Moreover, aid workers say the fear of being caught in the crossfire has been replaced by fear of intimidation from security forces loyal to Chechen President Ramzan Kadyrov.
With this being said, this committee should focus on new forms of assistance to offer the nation of Chechnya.  Chechnya has been in turmoil ever since their independence from Russia. However, as British journalist Lindsey Hilsum notes “Chechnya is a shameful example of western leaders refusing to confront another government on human rights abuses and war crimes because, in the end, strategic and political issues matter more.  Chechnya is complex and dangerous and miserable, and we just don't care enough to try to make a difference.”  What can we do to help the citizens of Chechnya?

Committee Directives