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Conference: National High School Model United Nations
Committee: United Nations Commission on Crime Prevention and Criminal Justice
Topics: A: Regulation of Civilian Private Security Services
B: Youth and Crime in South America
Country: The Former Yugoslav Republic of Macedonia
Delegate: Andrea Simonits
School: Hillfield Strathallan College
Topic A: Regulating Civilian Private Security Services
Although both topics are pressing and important regarding International Crime
Prevention and Criminal Justice, Topic B of Youth and Crime in South America has such
a specific regional focus that many countries will have a hard time relating to and
resolving affairs in regard to what is the primary criminal influence of Latin America, the
drug trade. A more internationally relevant topic would be Topic A concerning the
regulation of civilian private security services. Almost every sovereign state has hired,
worked with, or encountered these security services and either believe that they are
beneficial, they are destructive, or that they have potential with the proper minimal
regulations set in stone.
The Former Yugoslav Republic of Macedonia believes that the regulation of
civilian private security systems is crucial to ensure the prevention of the abuse of power,
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and the importance of law that applies to this foreign protection. There are currently no
CPSS training programs in Macedonia, and we cannot fully create these programs and
insist on the implementation for each nation, without first instilling the minimal legal
restrictions. (CIA) It is evident that the purpose of these civilian private security services
is to provide security instead of falling victim to corruption. However, we must not forget
that there have been histories of instances where these CPSS’ have abused their power,
became corrupt by financial persuasion and have completely defeated their purpose of
civilian protection. (Youra) “Problems vary from State to State, but have included,
among others: the criminal infiltration and involvement of organized crime in the
industry; corruption; little or no training for civilian private security guards; the abuse of
authority and excessive use of force by personnel; generally low professional standards;
inadequate legal accountability mechanisms; and non-compliance with the law.”
(UNODC)
These private civilians would be hiring CPSS’ for many means of security. They
may need assistance being escorted through a busy metropolitan city, or perhaps through
a war torn area of unrest. (Fainaru) It is a shame that such a great incentive would go to
waste simply because the international community has not agreed upon minimum
international law pertaining to the powers of these CPSS. As a committee it is our duty to
instil parameters to ensure protection and proper security.
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Considering this issue deals not only with crime prevention and criminal justice,
but we must also urge the Legal committee to also issue the idea of international
jurisdiction, and would only be able to create legally binding resolutions if appealed to
the Security Council. Within a resolution a clause must be included which emphasizes the
shared Intel by a signed document enforced by the Security Council. (Fasulo) It would be
highly efficient and effective if countries negatively affected by CPSS’s could work in
cooperation with those countries who believe in minimum international law enforcement
for this field. This would be beneficial since the harmfully affected countries can outline
what caused the corruption; what motives, persuasion etc, and that can be implemented as
limitations to authority under this said international legal document.
Finally, to ensure true regulation of Private Civilian Security Services, the Former
Yugoslav Republic of Macedonia believes that practices should definitely derive
externally instead of internally.
By practices being derived externally I refer to governmental regulation further
upon a minimal regulation instilled in a resolution created and presented at this
conference. This resolution should, in more depth, urge a “reasonable limits clause” in
order to ensure self and client defence in extreme situations. (Alexandrowicz) For
example, the document may include a clause stating that CPSS’ may not open fire on
citizens of bystander status or who do not pose a threat to their industry. However, if
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there is a case where their safety is compromised they may use their arms in defence and
report on every situation and encounter of said threat. (Fainaru)
This also refers to another situation not stated in the background guide, but
equally if not more important than the topics discussed: the failure of CPSS’ to report on
extreme incidences which may have caused civilian deaths. These private security
services will often leave the site after opening fire wrongfully and fear that by bringing
this to the attention of their superiors, they will be held criminally culpable for an
international crime. Being as they are not recognized as a military force to a particular
nation, opening fire and assassinating public civilians without reasonable limit and
ultimately putting themselves and their clients in danger is beyond their powers and
abuse of their authority, thus must be held criminally responsible. Therefore in order to
regulate these CPSS’ thoroughly the Former Yugoslav Republic of Macedonia demands
these mercenaries to report on open fire. Failure to disclose this information, even if not
the perpetrator, they will be held criminally responsible as a party to common intention.
(Drohan)
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Works Cited
Alexandrowicz, G. W. Dimensions of Law: Canadian and International Law in the 21st
Century. Toronto: Emond Montgomery Publications, 2004. Print.
CIA. "CIA - The World Factbook." Welcome to the CIA Web Site — Central Intelligence
Agency. Web. 01 Jan. 2012. <https://www.cia.gov/library/publications/the-worldfactbook/geos/mk.html>.
"CPSS." United Nations Office on Drugs and Crime. Web. 01 Jan. 2012.
<http://www.unodc.org/>.
Drohan, Madelaine. Making a Killing: How and Why Corporations Use Armed Force to
Do Business. Guilford, CT: Lyon's, 2004. Print.
Fainaru, Steve. Big Boy Rules: America's Mercenaries Fighting in Iraq. [Cambridge,
MA]: Da Capo, 2008. Print.
Fasulo, Linda M. An Insider's Guide to the UN. New Haven, CT: Yale UP, 2004. Print.
Youra, Ryan. "Commission on Crime Prevention and Criminal Justice." Review.
Background Guide. Print.
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Topic B: Youth and Crime in South America
The Former Yugoslav Republic of Macedonia’s youth may be involved
with or experience crime but not to the extent or extremity of in South America. It is not
an immediate problem in Macedonia, nor does it govern and affect the lives of the
general majority. However, Macedonia, as every other nation, can be preventative,
rehabilitative, and restorative to youth crime.
The Macedonian Mafia is one of the main causes of youth involvement in crime.
Some of the criminal activity that youth may partake in are “smuggling, import and
export, drug trafficking, extortion, arms trade, fraud, auto theft, racketeering, gambling,
human trafficking, murder, contract killing, body guarding, prostitution and money
laundering”. (CIA) Universal nations can relate to the crimes listed above and therefore
may find that resolutions made to increase legal stability in South America beneficial to
their own nation.
Macedonia has made progress to become prepared for instances of youth crime.
In July 2007, the Former Yugoslav Republic of Macedonia “enacted its Law on Juvenile
Justice, which created a separate legal system for children in conflict with the law and is
based on the principles of the protection of the child and his or her rights, resettlement
and assistance for children in conflict with the law, restorative justice and youth crime
prevention.” (CCPCJ) It is essential to first implement a separate Juvenile Justice code
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for Nations who do not already have one. May issues may arise when children are being
tried as adults. For example, perhaps they have committed the actus reus (guilty act), but
maybe they do not attain the mens rea (guilty mind). (Alexandrowicz)
Macedonia’s Law on Juvenile Justice is based on restorative justice in oppose to
retribution. That is why of the 7,666 juveniles convicted in the period 1997-2005, 78 had
been sentenced to imprisonment and 216 to other institutional measures (educational and
correctional institutions), and while more than half had been sentenced to intensified
supervision by parents. By sentencing youth to years in prison for summary, indictable or
hybrid offences we are ultimately setting them up for a life of recidivism, which
negatively backfires on the legal system. (Alexandrowicz) That is why the Former
Yugoslav Republic of Macedonia will not give Juvenile delinquents the opportunity to be
further negatively influenced by more serious offenders in prison. Instead we urge a
rehabilitative environment to ensure a watchful eye and restorative programs. This is why
in the Former Yugoslav Republic of Macedonia, a juvenile delinquency department had
been established and later decentralized. (CCPCJ)
The CCPCJ must first identify the sources of youth crime in South America, then
determine preventative incentives, and finally urge Latin American countries to reform
their legislature to satisfy the issue at hand. The Former Yugoslav Republic of Macedonia
would like to emphasize the importance of separate youth justice acts with modified
sentencing, defences, rights, and overall amendments to their current legal system. It is
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essential to discuss the role of drug trafficking and guerrilla groups in South America as
they have a large negative influence on their youth. (Skidmore)
A typical resolution from some western nation would be to educate the South
American youth in order to steer them away from the path of crime. The Former
Yugoslav Republic of Macedonia does not support throwing education at an issue,
especially in this particular case. Many youth in South America have access to education
currently, and the reason why they are choosing crime over education is because they
may be profiting from it and providing for their families. Of course many countries
believe that they are doing youth a favour by creating educational programs, and although
the youth may not be involved in crime any longer, they still cannot provide for their
families. What we need is a realistic and long term solution. The Former Yugoslav
Republic of Macedonia proposes an initiative that involves on the job training and
encourages education in an employment environment. This way youth can become
educated while being employed and being provided a salary through non intensive work
opportunities. This is the kind of resolution that youth will be drawn to, and that will
mitigate the appearance of youth and crime in South America.
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Works Cited
Alexandrowicz, G. W. Dimensions of Law: Canadian and International Law in the 21st
Century. Toronto: Emond Montgomery Publications, 2004. Print.
CCPCJ. "The Commission on Crime Prevention and Criminal Justice." United Nations
Office on Drugs and Crime. Web. 01 Jan. 2012.
<http://www.unodc.org/unodc/en/commissions/CCPCJ/>.
CIA. "CIA - The World Factbook." Welcome to the CIA Web Site — Central Intelligence
Agency. Web. 01 Jan. 2012. <https://www.cia.gov/library/publications/the-worldfactbook/geos/mk.html>.
Skidmore, Thomas E., and Peter H. Smith. Modern Latin America. New York: Oxford
UP, 1984. Print.