Background Guide Legal The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 1 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 2 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 3 The United Nations, General Assembly of the United Nations. Legal – Sixth Committee, http://www.un.org/en/ga/sixth/index.shtml. 2 United Nations Charter, Article 13. 3 United Nations General Assembly Rules and Procedures, art. 98: Alan Boyle and Christine Chinkin, The Making of International Law, 116-117. 1 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 4 4 The United Nations, "Uniting Against Terrorism." UN News Center. UN, n.d. Web. 23 Aug. 2012. <http://www.un.org/unitingagainstterrorism/chap6.htm>. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 5 5 VAN SLIEDREGT, ELIES. "European Approaches to Fighting Terrorism." Duke Journal of Comparative and International Law 20.413 (n.d.): 413-27. Web. 6 Taliban, Al-Qaida, Sanctions Committee, United Nations 1267 Committee, Resolution 1267." UN News Center. The United Nations, n.d. Web. 24 Aug. 2012. <http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml>. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 6 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 7 7 "United Nations Action to Counter Terrorism, Counter-terrorism, Global Counter-terrorism Strategy, General Assembly and Counter-terrorism, Secretary-general and Counter Terrorism." UN News Center. UN, n.d. Web. 19 Aug. 2012. <http://www.un.org/terrorism/instruments.shtml>. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 8 8 8 "Text and Status of the United Nations Conventions on Terrorism." UNTC. The United Nations, n.d. Web. 19 Aug. 2012. <http://treaties.un.org/Pages/DB.aspx?path=DB/studies/page2_en.xml>. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 9 9 Hoffman (1998), p. 32, See review in The New York TimesInside Terrorism Ben Saul, “Defining ‘Terrorism’ to Protect Human Rights” in Sydney Law School Legal Studies Research Paper ,No. 08-125 (2008) p. 1 11 Ibid. 12 "CNSNews.com." Almost 10 Years After 9/11, U.N. Still Grappling to Define Terrorism. N.p., n.d. Web. 05 Aug. 2012. <http://cnsnews.com/news/article/almost-10-years-after-911-un-still-grappling-define-terrorism>. 13 CNSNews. 10 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 10 14 Arquilla, John, and David F. Ronfeldt. Networks and Netwars: The Future of Terror, Crime, and Militancy. Santa Monica, CA: Rand, 2001. Print. 158 "Uniting Against Terrorism." UN News Center. UN, n.d. Web. 07 Aug. 2012. <http://www.un.org/unitingagainstterrorism/chap5.htm>. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 11 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 12 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 13 16 VAN SLIEDREGT The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 14 17 Fassbender, Bardo. "Targeted Sanctions and Due Process." Humboldt-Universitat Zu Berlin (2006): 2-59. Web. 6 Aug. 2012. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 15 18 "Council on Foreign Relations." Council on Foreign Relations. N.p., n.d. Web. 23 Aug. 2012. <http://www.cfr.org/world/world-opinion-terrorism/p20023>. 19 VAN SLIEDREGT, ELIES The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 16 20 Ibid. Ibid. 22 Ibid. 21 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 17 23 Dickinson, Laura A. "USING LEGAL PROCESS TO FIGHT TERRORISM: DETENTIONS, MILITARY COMMISSIONS, INTERNATIONAL TRIBUNALS, AND THE RULE OF LAW." Southern California Law Review 75.1407 (n.d.): 1407-492. Web. 19 Aug. 2012. <http://www-bcf.usc.edu/~usclrev/pdf/075602.pdf>. 24 The United States of America. The Executive Branch: The White House. Office of the Press Secretary. PERIODIC REVIEW OF INDIVIDUALS DETAINED AT GUANTÁNAMO BAY NAVAL STATION PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE. N.p.: n.p., n.d. 7 Mar. 2011. Web. 19 Aug. 2012. <http://www.whitehouse.gov/sites/default/files/Executive_Order_on_Periodic_Review.pdf>. 25 Council on Foreign Relations. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 18 26 U.S. Department of State, Country Reports on Terrorism 2007." United States Department of State Publication Office of the Coordinator for Counterterrorism, Apr. 2007. Web. 23 Aug. 2012. <http://www.state.gov/documents/organization/105904.pdf>. 27 Denmark. Ministry of Foreign Affairs. Fighting Terror Through Justice:Implementing the IGAD Framework for Legal Cooperation Against Terrorism FINAL REPORT OF THE TASK FORCE ON LEGAL COOPERATION AGAINST TERRORISM IN THE IGAD SUBREGION MAY 2012. Center on Global Counterterrorism Cooperation, n.d. Web. 19 Aug. 2012. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 19 28 U.S Department of State (2007) U.S. Department of State, Patterns of Global Terrorism—2000 (Washington, D.C.: Office of the Co- ordinator for Counterterrorism, Department of State). 30 U.S Department of State (2007) 29 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 20 31 "Uzbekistan Fights Terrorism, Not Religion, Analysts Say." Central Asia Online. N.p., n.d. Web. 23 Aug. 2012. <http://centralasiaonline.com/en_GB/articles/caii/features/main/2011/09/12/feature-01>. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 21 32 33 U.S. Department of State, page 9. Ibid. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 22 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 23 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 24 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 25 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 26 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 27 34 International Committee of the Red Cross, “Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.” Last modified 2005. http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079. 35 International Committee of the Red Cross, “The relevance of IHL in the context of terrorism.” Last modified 2011. http://www.icrc.org/eng/resources/documents/misc/terrorism-ihl-210705.htm 36 International Committee of the Red Cross, “Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.” Last modified 2005. http://www.icrc.org/ihl.nsf/FULL/375?OpenDocument The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 28 37 International Committee of the Red Cross, “International Convention against the Recruitment, Use, Financing and Training of Mercenaries, 4 December 1989.” Last modified 2005. http://www.icrc.org/ihl.nsf/FULL/530?OpenDocument 38 International Committee of the Red Cross, “International Convention against the Recruitment, Use, Financing and Training of Mercenaries, 4 December 1989 – State Parties/Signatories.” Last modified 2005. http://www.icrc.org/ihl.nsf/WebSign?ReadForm&id=530&ps=P 39 International Committee of the Red Cross, “Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 – State Parties/Signatories.” Last modified 2005. http://www.icrc.org/ihl.nsf/WebSign?ReadForm&id=470&ps=P 40 Milliard, Todd S. “Overcoming Post-Colonial Myopia: A Call to Recognize and Regulate Private Military Companies.” Military Law Review. 176. June (2003): Page 5. http://www.hsdl.org/?view&did=444673 41 International Committee of the Red Cross, “The Montreux Document on Private Military and Security Companies.” Last modified 2012. Accessed October 16, 2012. http://www.icrc.org/eng/resources/documents/publication/p0996.htm The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 29 42 International Committee of the Red Cross, “Governments acknowledge duty to control private military and security companies.” Last modified 2012. Accessed October 16, 2012. http://www.icrc.org/eng/resources/documents/feature/2008/montreux-document-feature-170908.htm The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 30 43 “The Montreux Document.” Accessed October 16, 2012. http://www.ohchr.org/Documents/HRBodies/HRCouncil/WGMilitary/Session1/MontreuxDocument.pdf. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 31 44 Páez, Ángel. Inter-Press Agency, “PERU-IRAQ: A Year in Hell for 1,000 Dollars a Month.” Last modified 2007. Accessed October 22, 2012. http://www.ipsnews.net/2007/11/peru-iraq-a-year-in-hell-for-1000-dollars-a-month/. 45 United States Department of Defense, “Secretary Rumsfeld's Remarks to the John Hopkins, Paul H. Nitze School of Advanced Internation.” Last modified 2005. Accessed October 22, 2012. http://www.defense.gov/transcripts/transcript.aspx?transcriptid=1361. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 32 46 “The Montreux Document.” Accessed October 16, 2012. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 33 47 Stoddard, Abby, Adele Harmer, and Victoria DiDomenico. HPG Policy Briefs, “Private Security Providers and Services in Humanitarian Operations.” Last modified 2009. Accessed October 22, 2012. http://www.odi.org.uk/resources/details.asp?id=2844&title=private-security-providers-humanitarian-operations. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 34 48 Merle, Renae. “Census Counts 100,000 Contractors in Iraq.” The Washington Post, December 05, 2006. http://www.washingtonpost.com/wpdyn/content/article/2006/12/04/AR2006120401311.html (accessed October 18, 2012). 49 Higgins, Alexander G. “US rejects UN mercenary report.” October 17, 2007. http://usatoday30.usatoday.com/news/world/2007-10-17-3392316246_x.htm (accessed October 18, 2012). 50 Stockman, Farah. “Contractors in War Zones Lose Immunity: Bill provision allows military prosecutions.” The Boston Globe, January 07, 2007. http://www.boston.com/news/world/middleeast/articles/2007/01/07/contractors_in_war_zones_lose_immunity/ (accessed October 18, 2012). 51 See footnotes 5 and 6 52 Switzerland Federal Department of Foreign Affairs, "Participating States of the Montreux Document." Last modified 2012. Accessed October 20, 2012. http://www.eda.admin.ch/eda/en/home/topics/intla/humlaw/pse/parsta.html. 53 United States Department of Defense, “Secretary Rumsfeld's Remarks to the John Hopkins, Paul H. Nitze School of Advanced Internation.” Last modified 2005. Accessed October 24, 2012. http://www.defense.gov/transcripts/transcript.aspx?transcriptid=1361. 54 United Nations Department of Public Information, “Intergovernmental Working Group Established by Human Rights Council to Elaborate Convention on Regulating Private Security Companies, Third Committee Told.” Last modified 2010. Accessed October 19, 2012. http://www.un.org/News/Press/docs/2010/gashc3991.doc.htm. The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 35 55 Gordon, Michael R. “Civilians to Take U.S. Lead as Military Leaves Iraq.” The New York Times, August 18, 2010. http://www.nytimes.com/2010/08/19/world/middleeast/19withdrawal.html?_r=1&ref=private_military_companies (accessed October 22, 2012). 56 See footnotes 5 and 6 57 Switzerland Federal Department of Foreign Affairs, "Participating States of the Montreux Document." Last modified 2012. Accessed October 20, 2012. http://www.eda.admin.ch/eda/en/home/topics/intla/humlaw/pse/parsta.html. 58 Páez, Ángel. Inter-Press Agency, “PERU-IRAQ: A Year in Hell for 1,000 Dollars a Month.” Last modified 2007. Accessed October 22, 2012. http://www.ipsnews.net/2007/11/peru-iraq-a-year-in-hell-for-1000-dollars-a-month/. 59 Cameron, James. International Committee of the Red Cross, “Private military companies: their status under international humanitarian law and its impact on their regulation.” Last modified 2006. Accessed October 22, 2012. http://www.icrc.org/eng/assets/files/other/irrc_863_cameron.pdf. 60 Peleschuk, Dan. “Private Military Companies May Appear in Russia – Rogozin.” RIA Novosti, September 19, 2012. http://en.ria.ru/crime/20120919/176067373.html (accessed October 22, 2012). The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 36 61 Nigel D White, and Sorcha MacLeod, “EU Operations and Private Military Contractors: Issues of Corporate and Institutional Responsibility,” The European Journal of International Law, 19, no. 5 (2008): pg. 2, http://www.ejil.org/pdfs/19/5/1708.pdf (accessed October 22, 2012). 62 Francesco Francioni, “Private Military Contractors and International Law: An Introduction,” The European Journal of International Law, 19, no. 5 (2008): pg. 961-964, http://ejil.oxfordjournals.org/content/19/5/961.full (accessed October 22, 2012). 63 Switzerland Federal Department of Foreign Affairs, "Participating States of the Montreux Document." Last modified 2012. Accessed October 20, 2012. http://www.eda.admin.ch/eda/en/home/topics/intla/humlaw/pse/parsta.html. 64 See footnotes 5 and 6 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 37 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 38 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 39 The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 40 SUIT UP The Johns Hopkins Model United Nations Conference | February 7th – 10th | Baltimore, MD 41