Semester 1
Global Issues Workbook
Unit 1: International Organizations
Name: __________________________
Section: _____
2015
INTRODUCTION
Unit Summary
Unit Description:
In this unit, students will be introduced to various international organizations and the
ways in which they operate. In particular, students will examine the following
organizations:
• The Council of Europe (CoE)
• The International Criminal Court (ICC)
• The Islamic Development Bank (IDB)
• The Organization of the Petroleum Exporting Countries (OPEC)
Students will consider the global implications of these organizations by using Russia
and Saudi Arabia, for which these topics are particularly significant, as case studies.
They will interpret a variety of primary and secondary sources, including statistics,
news articles, and academic publications to develop a deeper understanding of this unit.
Finally, students will be asked to reflect on the unit’s discussion of international
organizations and offer their own perspectives on this topic in various collaborative
projects.
Unit Enduring Understanding(s):
An international organization is a group that has members from different nations, is
present in multiple nations, and is focused on issues in more than one nation.
International organizations work to create social, political, and economic change to
improve the conditions of people across the world. They work with governments to
help create policies that detail important issues for discussion. International
organizations play an important role in fostering social and cultural systems, especially
in terms of human rights, social justice, global health, and governance. Through
international summits, conferences, conventions, and treaties, international collective
action can be taken to create a greater sense of global responsibility and shape public
discourse and policy.
Unit Essential Questions:
Throughout this unit, we will refer back to the following essential questions:
• What is an international organization?
• Why are international organizations important?
• How do international organizations work to create change around the world?
• Who do international organizations work with to create change?
If you can answer these questions effectively, you will be able to discuss the basics of
this unit.
Relevant Learning Materials:
• Unit workbook
• Classroom discussions
How to use this workbook:
This workbook is provided to guide your study during our unit on international
organizations. In it, you will find assigned readings, homework assignments, and
supplemental materials to improve your understanding of class discussions.
1
ASSIGNMENT 1.1
What is an International Organization?
An international organization is one that includes members from more than one nation.
Some international organizations are very large, such as business corporations. Others
are small and dedicated to a specific purpose, such as conservation of a species.
Intergovernmental Organizations
Many international organizations are intergovernmental. Intergovernmental
organizations form when multiple governments create an international organization.
There are more than 300 intergovernmental organizations around the world.
The United Nations (UN) is the largest and most familiar intergovernmental
organization. In 1945, at the end of World War II, governments wanted to avoid future
wars. They formed the UN.
The UNs main goal is to keep peace. A UN peacekeeping mission is when the UN sends
representatives to countries or regions in conflict. The UN currently has peacekeeping
missions all over the world. In the nations of Sudan, Chad, and the Central African
Republic, UN peacekeepers monitor the conflict in the area known as Darfur. On the
Mediterranean island nation of Cyprus, UN peacekeepers supervise the buffer zone in
the dispute between Greek and Turkish claims to the island.
The UN has several specialized subgroups, such as the World Health
Organization (WHO) and the World Bank. The WHO is responsible for giving direction
on international health issues, setting standards, and providing information for
governments to make decisions. For example, WHO took the lead during the swine flu
outbreak in 2009. It tracked the spread of the flu, offered recommendations about who
should get vaccines, and told people how to avoid becoming sick.
The World Bank is a bank for nations, not people. The World Bank has two separate
groups. One group, the International Development Association, provides loans to the
world's poorest countries. The other group, the International Bank for Reconstruction
and Development, gives loans to developing countries.
The UN also has groups focused on culture (the United Nations Educational, Scientific
and Cultural Organization (UNESCO)), justice and law (the International Court of Justice
(ICJ)), and immigration (United Nations High Commissioner for Refugees (UNHCR)),
among others. Each of the subgroups has headquarters in a different place. The main UN
offices are in New York City, New York. The World Health Organization has its
headquarters in Geneva, Switzerland. The World Bank is based in Washington, D.C. The
International Court of Justice is in The Hague, Netherlands. Most countries of the world
belong to the UN and its subgroups.
Many countries form regional multi-country organizations with military, economic, or
political purposes. For example, the United States, Canada, many European countries,
and Turkey belong to the North Atlantic Treaty Organization (NATO). NATO is a defense
organization, meaning these nations have promised to support each other during times
of conflict.
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Other intergovernmental organizations are based on trade. The Organization of the
Petroleum Exporting Countries (OPEC) is a group of 12 nations that export large
amounts of oil. OPEC includes many members in the Middle East, such as Saudi Arabia,
the world’s largest exporter of oil. However, African nations such as Nigeria, and South
American nations such as Venezuela, are also members of OPEC. OPEC members meet
regularly to address issues concerning oil use and prices.
Corporations
Some international groups exist for profit. Toyota, the world's largest automaker, is an
international corporation, often called a multinational corporation. It is headquartered
in Tokyo, Japan. Toyota has factories around the world, including in the United States,
China, and South Africa. Although the chief executive officer (CEO) of Toyota is
responsible for the work of the entire company, Toyota employs managers and workers
from the region in which the factory is located.
Toyota sells, as well as manufactures, cars in different countries around the world. The
company must advertise in dozens of languages. Multinational corporations like Toyota
must consider local culture and traditions when establishing a factory or selling a
product. For instance, an advertisement with alcohol may appeal to customers in the
Europe, but would probably not appeal to customers in Kuwait.
Other large multinational corporations are Coca-Cola (based in Atlanta, Georgia), the de
Beers diamond company (based in Johannesburg, South Africa) and Adidas (based in
Herzogenaurach, Germany.)
Nonprofits
Several well-known nonprofit organizations are international. Nonprofit means these
groups do not seek to make money from their efforts. Nonprofits usually have a focus or
shared interest, such as the environment, humanitarian aid, or entertainment.
The National Geographic Society is a nonprofit organization. It was formed in 1888, and
has its headquarters in Washington, D.C. It is one of the largest nonprofit scientific and
educational institutions in the world. National Geographic is primarily focused on
exploration, geography, archaeology, and natural science. It also promotes
environmental and historical conservation, with its logo, "Inspiring people to care about
the planet."
The National Geographic Society also supports international research and exploration.
It has sponsored or assisted with more than 9,000 projects. Some of the most
famous expeditions associated with the National Geographic Society include the
expedition to the South Pole by Robert Peary and Matthew Henson in 1905; exploration
of the ancient Incan city of Machu Picchu, Peru, in 1913; discovery of the final resting
place of the Titanic by Robert Ballard in 1985; and the National Geographic Bee, an
annual geography contest for American students.
Other international organizations share a more specific interest. The International
Olympic Committee (IOC) is an international nonprofit based in Lausanne, Switzerland.
The IOC organizes and regulates the summer and winter Olympics. The IOC includes
administrators, sports officials, and former athletes from all over the world.
3
The Red Cross provides food and other aid to people and areas in distress. The
International Red Cross has its headquarters in Geneva, Switzerland. The organization is
officially called the International Red Cross and Red Crescent Movement. The Red
Crescent honors members from primarily Muslim countries.
The Red Cross is probably the most recognizable aid organization in the world. It helps
survivors of hurricanes, such as Hurricane Katrina, which hit the Gulf Coast of the
United States in 2005. The Red Cross helped provide shelter for victims of Hurricane
Katrina whose homes were destroyed, for instance. The Red Cross also helped survivors
of the earthquake that struck Haiti in 2010. It worked to provide medical care for those
injured in the quake and helped organize sites so survivors could find missing family
members.
Other International Organizations
Some international organizations combine parts of all three types of organizations.
There are parts of the National Geographic Society that are run as a corporation, for
instance. They create revenue, or profit, to support themselves.
Perhaps the most familiar type of international organization that does not fit neatly into
the three categories is organized religion. Sometimes, a religion directly influences
government. Organized religion can indirectly influence governments, too. Priests and
bishops of the Catholic Church, for instance, do not usually run for political office. But
their influence on their congregations can be enormous. Catholics are led by the pope,
with headquarters in Vatican City in Rome, Italy. In many ways, the Catholic Church is
run like an international corporation. There is a similar structure for religious
ceremonies (such as Mass) and organization (such as the way dioceses are divided) for
Catholics all over the world. Local priests, nuns, and bishops work with their
congregations to make life better for their communities. This is similar to the way an
international corporation organizes its workers in other countries.
Adapted from: International Organization. National Geographic. Accessed at:
http://education.nationalgeographic.com/education/encyclopedia/international-organization/?ar_a=1
4
1. What is an intergovernmental organization?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2. What is a nonprofit, and how can they be considered international organizations?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3. In the space below, show how Toyota can be considered an international organization.
International Organization: Toyota
Location
Employees
Sales
Customers
Advertising
5
ASSIGNMENT 1.2
International Organizations become ‘undesirable’ in Russia
Deutsche Welle
By Emily Sherwin | 19 May 2015
In Russia, the work of a broad range of international organizations has come under
threat. On Tuesday, the Russian parliament, the Duma, passed a law that could label any
non-governmental organization registered outside of Russia an "undesirable
organization."
The organizations affected could include human rights organizations and other NGOs as
well as commercial organizations. According to the document, "undesirable"
organizations pose "a threat to the foundation of the constitutional order of the Russian
Federation, the defense capability of the country or the security of the state." In today's
third and final reading of the law, 440 Duma deputies voted for it, while three opposed
it and one abstained.
The prosecutor-general's office will be in charge of the list of undesirables, pending
approval by the Foreign Ministry. No court action is necessary to become "undesirable.”
The organizations do not need to be informed that they are being put on the list.
First 'agents,' now 'undesirable'
A joint press release by human rights groups Amnesty International and Human Rights
Watch called the law a "draconian crackdown" that is "squeezing the life out of
[Russian] civil society."
Natalia Prilutskaya, a campaigner in Amnesty International's Russia Team, told DW that
"this law is one step up from the 'foreign agents' law. It's really the next logical step in
the repression."
In 2012, the Russian parliament adopted a law requiring Russian non-governmental
organizations (NGOs) that are "politically active" to register as "foreign agents" if they
receive any international funding. In Russian, the wording essentially brands them
"spies" or "enemies of the people."
Since then, many non-governmental organizations have had their offices searched,
including Memorial and Golos. According to Amnesty International and Human Rights
Watch, almost 60 organizations so far have been marginalized as "foreign agents."
A threat to civil society
Three years later, international organizations registered outside of Russia could now
also become a target. The work of organizations branded "undesirable" in Russia will be
seriously affected by the label. Local Russian organizations will no longer be able to
accept money from the "undesirables" and banks will no longer conduct financial
transactions with them. Russian nationals who are involved with these organizations
could face fines of up to 500,000 rubles (around 9,000 euros), that might lead to a
6
criminal prosecution and a prison sentence of up to six years. The organizations will
also no longer be able to host public events or publish information, even online.
"The whole activity of the organization will be basically locked and blocked in Russia,"
says Prilutskaya. "If an organization is declared 'undesirable,' then its Russian office will
have to close. The office could continue its work, but its staff members and the head of
the office would be under threat of prosecution."
Isolating Russian activists
At the Moscow office of Human Rights Watch, Russia program director and senior
researcher Tanya Lokshina disagrees. She thinks the aim of the law is not to close down
the international organizations' Russian offices. "That can [already] be done within a
fraction of a second with one stroke of a pen by the minister of justice," she said.
Instead "the primary target of this law is Russian organizations and Russian civil society
actors: our partners, not us," she said. Banning certain organizations will leave Russian
activists isolated, according to Lokshina. "Russian nationals will be punished for having
anything to do with these groups."
Minimizing foreign threats
Prilutskaya also believes this law is targeting Russian civil society and she thinks it is
part of a more general pattern of political attitudes. "It's the logic of what is happening
in Russia, of closing the door to the outside world; of feeling that we are under siege and
we need to protect ourselves from being attacked," she explained. "And foreign NGOs
and foreign actors are seen as a threat to Russia at the moment."
The wording of an official appendix to the law on "undesirable organizations" seems to
confirm Prilutskaya's theory. It hints at the Ukraine conflict, which has increasingly
isolated Russia from the West.
The document claims that current "international conflicts, which more and more
governments are involving themselves in" provide fertile ground for "terrorist groups."
And foreign organizations "of a terrorist, extremist, and nationalist nature" is what the
law claims to counteract. These organizations could foment so-called "color
revolutions," a term used to refer to regime change brought on by protests like the ones
in Ukraine.
Revenge for sanctions
One of the authors of the law, Alexander Tarnavsky, told DW the law is a direct response
to Western sanctions against Russia, one which is completely economic and had nothing
to do with the 2012 law on "foreign agents."
In an interview he said: "Russia, as an independent country, which lays claim to equal
relationships, is drawing on the experience of Western democracies. Russia should also
have sanctions against structures that are unfriendly to Russia in its arsenal."
"The US and the European Union have imposed sanctions on Russian companies in the
oil and financial sectors. Russia can impose its own sanctions. It's a preventative
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measure, but the Russian government needs to have this kind of tool at its disposal,"
explained Duma member Tarnavsky.
Conveniently vague
The Russian-German Chambers of Foreign Trade refused to comment on whether the
law could affect economic relations, instead preferring to wait "several months" for a
"more complete picture."
Jens Siegert, the director of the Moscow bureau of the German Heinrich Böll Foundation
seemed more certain the law would not affect trade, contrary to what the law's author
claimed. "I don't think that it will be used against commercial organizations. It will
probably be used against the Russian government's 'favorite enemies,' American
organizations. They probably won't touch German political foundations, since we are
seeing a little thaw in relations there."
Who will really be affected by the law remains to be seen. But for the Russian
government, the strength of the law could lie precisely in its vague wording. Amnesty's
Natalia Prilutskaya thinks no international organization is safe.
"This law is vague. It's so vague that it could be easily abused," she said. "If an
organization upsets the Russian government with statements, or actions, it can be at
risk of being put on the undesirable list. I think any foreign or international organization
is in trouble."
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1. Why does the Russian government say that international organizations are bad for
Russia?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2. Why do supporters of international organizations in Russia say they are good for
Russia?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3. In the space below, explain and provide examples for how international organizations
can have both positive and negative effects on a government.
International Organizations: Positives & Negatives
Positive
effects on a
government
Negative
effects on a
government
9
ASSIGNMENT 1.3
Russia’s International Organizations
The Moscow News
By Ria Novosti | 21 January 2013
10
Directions: In groups, research one of the international organizations mentioned in the
graphic, and discuss Russia’s role in that organization.
International Organization: ___________________________________________________________
Russia: International Organization Description
Why did
Russia
become a
member of
this
organization?
What is
Russia’s role
in this
organization?
How has
Russia
positively
influenced
this
organization?
How has
Russia
negatively
influenced
this
organization?
What are the
current issues
between
Russia and
this
organization?
11
ASSIGNMENT 1.4
The Council of Europe
The Council of Europe (CoE; French: Conseil de l'Europe) is an international
organization promoting co-operation between European countries in the areas of legal
standards, human rights, democratic development, the rule of law and cultural cooperation. It was founded in 1949 and has 47 member states with 820 million citizens.
The organization is an independent body, and is not controlled by the European Union,
which is a separate organization it is sometimes confused with. Unlike European
Union and Eurasian Economic Union, the Council of Europe cannot make binding laws.
The best known bodies of the Council of Europe are the European Court of Human
Rights, which enforces the European Convention on Human Rights, and the European
Pharmacopoeia Commission, which sets the quality standards for pharmaceutical
products in Europe. The Council of Europe's work has resulted in standards, charters
and conventions to facilitate cooperation between European countries as an advisory
body.
Its statutory institutions are the Committee of Ministers comprising the foreign
ministers of each member state, the Parliamentary Assembly composed of MPs from the
parliament of each member state, and the Secretary General heading the secretariat of
the Council of Europe. The Commissioner for Human Rights is an independent
institution within the Council of Europe, mandated to promote awareness of and
respect for human rights in the member states.
The headquarters of the Council of Europe are in Strasbourg, France,
with English and French as its two official languages. The Committee of Ministers, the
Parliamentary Assembly and the Congress also use German, Italian, and Russian for
some of their work.
History
In a speech at the University of Zurich on 19 September 1946, Sir Winston
Churchill called for a "kind of United States of Europe" and the creation of a Council of
Europe. He had spoken of a Council of Europe as early as 1943 in a radio broadcast.
The Council of Europe was founded on 5 May 1949 by the Treaty of London. The Treaty
of London or the Statute of the Council of Europe was signed in London on that day by
ten states: Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands,
Norway, Sweden and the United Kingdom. Many other states followed, especially after
the democratic transitions in central and eastern Europe during the early 1990s, and
the Council of Europe now includes all European states except Belarus, Kazakhstan,
Vatican City and the European states with limited recognition.
Aims and Achievements
Article 1(a) of the Statute states that "The aim of the Council of Europe is to achieve a
greater unity between its members for the purpose of safeguarding and realizing the
ideals and principles which are their common heritage and facilitating their economic
and social progress." Therefore, membership is open to all European states that seek
12
European integration, accept the principle of the rule of law and are able and willing to
guarantee democracy, fundamental human rights and freedoms.
While the member states of the European Union transfer national legislative and
executive powers to the European Commission and the European Parliament in specific
areas under European Community law, Council of Europe member states maintain their
sovereignty but commit themselves through conventions (i.e., public international law)
and co-operate on the basis of common values and common political decisions. Those
conventions and decisions are developed by the member states working together at the
Council of Europe, whereas secondary European Community law is set by the organs of
the European Union.
The Council of Europe's most famous achievement is the European Convention on
Human Rights, which was adopted in 1950 following a report by the Council of Europe's
Parliamentary Assembly. The Convention created the European Court of Human
Rights in Strasbourg. The Court supervises compliance with the European Convention
on Human Rights and thus functions as the highest European court for human rights
and fundamental freedoms. It is to this court that Europeans can bring cases if they
believe that a member country has violated their fundamental rights.
The various activities and achievements of the Council of Europe can be found in detail
on its official website. In a nutshell, the Council of Europe works in the following areas:
 Protection of the rule of law and fostering legal co-operation through some 200
conventions and other treaties, including such leading instruments as
the Convention on Cybercrime, the Convention on the Prevention of Terrorism,
the Conventions against Corruption and Organized Crime, the Convention on Action
against Trafficking in Human Beings, and the Convention on Human Rights and
Biomedicine.
 CODEXTER, designed to co-ordinate counter-terrorism measures
 The European Commission for the Efficiency of Justice (CEPEJ)
 Protection of human rights, notably through:
 the European Convention on Human Rights
 the European Committee for the Prevention of Torture
 the European Commission against Racism and Intolerance
 the Convention on Action against Trafficking in Human Beings
 the Convention on the Protection of Children against Sexual Exploitation and
Sexual Abuse
 social rights under the European Social Charter
 linguistic rights under the European Charter for Regional or Minority Languages
 minority rights under the Framework Convention for the Protection of National
Minorities
 Media freedom under Article 10 of the European Convention on Human Rights
and the European Convention on Trans-frontier Television
 Protection of democracy through parliamentary scrutiny and election monitoring by
its Parliamentary Assembly as well as assistance in democratic reforms, in
particular by the Venice Commission.
 Promotion of cultural co-operation and diversity under the Council of Europe's
Cultural Convention of 1954 and several conventions on the protection of cultural
heritage as well as through its Centre for Modern Languages in Graz, Austria, and
its North-South Centre in Lisbon, Portugal.
13




Promotion of the right to education under Article 2 of the first Protocol to
the European Convention on Human Rights and several conventions on the
recognition of university studies and diplomas (see also Bologna Process and Lisbon
Recognition Convention).
Promotion of fair sport through the Anti-Doping Convention[10] and the Convention
against Spectator Violence.
Promotion of European youth exchanges and co-operation through European Youth
Centres in Strasbourg and Budapest, Hungary.
Promotion of the quality of medicines throughout Europe by the European
Directorate for the Quality of Medicines and its European Pharmacopoeia.
Criticism
In recent years, the Council of Europe has been criticized for doing too little to stand up
to the transgressions of some of its members. Human Rights Watch, for example, argued
in September 2014 that Azerbaijan's "systematic crackdown on human rights defenders
and other perceived government critics shows sheer contempt for its commitments to
the Council of Europe". Similarly, the European Stability Initiative has documented how
the Parliamentary Assembly of the Council of Europe in January 2013 voted down a
resolution on political prisoners in Azerbaijan, providing a result largely favorable to
the authoritarian government of Ilham Aliyev. In 2013, The Economist agreed, saying
that the "Council of Europe's credibility is on the line".
Both the Human Rights Watch and the European Stability Initiative have called on the
Council of Europe to undertake concrete actions to show that it is willing and able to
return to its "original mission to protect and ensure human rights".
Institutions
The institutions of the Council of Europe are:






The Secretary General, who is elected for a term of five years by the Parliamentary
Assembly and heads the Secretariat of the Council of Europe.
The Committee of Ministers, comprising the Ministers of Foreign Affairs of all 47
member states who are represented by their Permanent Representatives and
Ambassadors accredited to the Council of Europe.
The Parliamentary Assembly (PACE), which comprises national parliamentarians
from all member states and elects its President for a year with the possibility of
being re-elected for another year.
The Congress of the Council of Europe (Congress of Local and Regional Authorities
of Europe), which was created in 1994 and comprises political representatives from
local and regional authorities in all member states.
The European Court of Human Rights, created under the European Convention on
Human Rights of 1950, is composed of a judge from each member state elected for a
renewable term of six years by the Parliamentary Assembly and is headed by the
elected President of the Court.
The Commissioner for Human Rights, who is elected by the Parliamentary
Assembly for a non-renewable term of six years since the creation of this position in
1999.
14


The Conference of INGOs. NGOs can participate in the INGOs Conference of the
Council of Europe. Since the [Resolution (2003)8] adopted by the Committee of
Ministers on 19 November 2003, they are given a "participatory status".
Information Offices of the Council of Europe in many member states.
Membership, Observers, Partners
The Council of Europe was founded on 5 May 1949 by Belgium, Denmark, France,
Ireland, Italy, Luxembourg, Netherlands, Norway, Sweden and the United Kingdom.
Greece and Turkey joined three months later, and Iceland and Germany the next year. It
now has 47 member states, with Montenegro being the latest to join. Article 4 of the
Council of Europe Statute specifies that membership is open to any "European" State.
This has been interpreted liberally from the beginning (when Turkey was admitted) to
include any Eurasian state with a toe-hold in Europe.
As a result, nearly all European states have acceded to the Council of Europe, with the
exception of Belarus (human rights concerns), Kazakhstan (human rights
concerns), Vatican City (a theocracy) and some of the states with limited recognition.
Cooperation
European Union
The Council of Europe is not to be confused with the Council of the European Union (the
"Council of Ministers") or the European Council. These belong to the European Union,
which is separate from the Council of Europe, although they have shared the same
European flag and anthem since the 1980s because they both work for European
integration. The Council of Europe is not to confused with the European Union itself.
The Council of Europe is an entirely separate body from the European Union. It is not
controlled by it. Cooperation between the European Union and the Council of Europe
has recently been reinforced, notably on culture and education as well as on the
international enforcement of justice and Human Rights.
United Nations
The Council of Europe holds observer status with the United Nations and is regularly
represented in the UN General Assembly. It has organized the regional UN conferences
against racism and on women and co-operates with the United Nations at many levels,
in particular in the areas of human rights, minorities, migration and counter-terrorism.
Non-governmental organizations
Non-governmental organizations (NGOs) can participate in the INGOs Conference of the
Council of Europe and become observers to inter-governmental committees of experts.
Adapted from: “Council of Europe.” Wikipedia. August 2015. Accessed at:
https://en.wikipedia.org/wiki/Council_of_Europe
15
1. Can the Council of Europe make laws? What are its major functions?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2. What is the most famous achievement of the Council of Europe?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3. What are some of the criticisms of the Council of Europe? Do you think that these are
valid criticisms? Why or why not?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
4. Do you think that the institutional structure of the Council of Europe is too complex?
If so, why?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
5. What European states have not joined the Council of Europe? Why have they not
joined?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
6. What is the difference between the Council of Europe and the European Union? How
do the two work together?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
16
ASSIGNMENT 1.5
Russia and the Council of Europe
The Council of Europe was founded in 1949; it has 47 member states with some 800
million citizens. According to the article 1(a) of the Statute of the Council of Europe the
aim of the organisation is to “achieve a greater unity between its members for the
purpose of safeguarding and realising the ideals and principles which are their common
heritage and facilitating their economic and social progress”.
The Russian Federation joined the Council of Europe in 1996.
The Council of Europe has risen from the ashes of the World War II. Its activities in the
humanitarian domain are aimed at ensuring security of every European in its broader
meaning. The better the guarantees of the social conditions of the human life are, the
better the rights record is, the stronger the economy is, the more protected the
individual is in society, the less reasons he or she has to resolve problems using force. In
the conditions of the current crisis this is felt especially strongly.
As it is stipulated in Article I of the Statute of the Council of Europe, the national security
issues do not fall under competence of this organization.
However, due to globalization processes and new challenges related to them, the very
concept of security has undergone qualitative transformation. The question is no longer
about hostile States, against which old-style coalitions have to be created. New
challenges and threats that we are facing are represented by trans-border problems,
which can be countered only by collective, unanimous efforts of all the States within the
framework of the broadest international cooperation for ensuring personal security.
And it is the unresolved problem of hard security, that leftover agenda of the Cold War
era, that hampers the effective development of such cooperation.
It is within this context that we consider the possibilities of the Council of Europe to be a
humanitarian pillar for the new European security architecture.
The pan-European structure represented by the Council of Europe was established and
is well functioning in the sphere of soft security which is related to the security of
person and human rights. A vast array of pan-European conventions have been drawn
up here which unlike the OSCE political documents are legally binding and therefore
form a common legal space of the continent. That makes a strong contrast to the sphere
of hard security where there is no such a truly collective organization with international
legal personality.
The Russian Federation has interest in enhancing the credibility and role of the Council
of Europe and its institutions.
We advocate that the reform should strengthen the role of the Council of Europe as a
major instrument for building a united Europe without dividing lines, a unique panEuropean organization providing through its conventional mechanisms the unity of the
legal and humanitarian spaces of the continent.
17
The Council of Europe has fundamental legal documents – the Statute, the European
Convention on Human Rights. There is the “executive authority” in the person of the
Committee of Ministers. There are the Court, the Congress of Local and Regional
Authorities, and the Parliamentary Assembly. In other words, it is in the realm of “soft
security” that a pan-European structure has long been established and works quite well,
ensuring compliance with the commitments in the field of human rights and freedoms.
Above all, there are mechanisms in this structure to ensure compliance with these
obligations.
The Council has proven its effectiveness not only in such critical areas as human rights,
the rule of law, and the strengthening of democracy. It also contributes substantively to
dealing with problems associated with new threats and challenges: terrorism, money
laundering and corruption – these are all major issues to which the Council devotes
heightened attention.
Highly appreciate the achievements of the Council of Europe in the fields of social
cohesion, protection of vulnerable groups, and the development of European
cooperation in the domains of culture, cultural heritage, youth, sport and education.
The proposals to diminish the mandate and competence of our Organization are
inadmissible, as well as the attempts to limit its independence, transform the Council of
Europe into a subsidiary body of the other European structures. The Strasburg
Organization must be the leading European lawmaker in the proper sense of the word.
The reform is aimed at strengthening the role of the Council of Europe in addressing
new challenges. The White Paper on Intercultural Dialogue of the Council of Europe
adopted in 2008 is intended to become an important instrument in our communication
with other civilizations. We invite the Council of Europe to promote a series of
discussions on the modern understanding of the European identity that should involve
the best philosophical and political minds of our continent.
We fully support the Council of Europe’s work on the subject of intercultural dialogue. It
is crucial to foster a discourse on how to address the challenges of integrating
immigrants in Europe. We consider important issues in cooperation between the
Organization and non-regional partners. This is also important for promoting dialogue
among civilizations and interfaith dialogue. All of these issues and concerns are, without
exception, of direct relevance to how all Europeans live.
Cultural and language diversity is one of the greatest treasures of the Council of Europe.
We believe that it should increase the use of Russian and other languages, in addition to
the two official ones. All Europeans need an effective Council of Europe, because the
terms of reference of this Strasburg-based organization include a broad range of largescale and topical issues affecting the most vital needs of the people. This is especially
important with regard to the social and economic implications of the global crisis.
The life of ordinary citizens in all our countries is substantially influenced by how the
judicial system works and by how the European Court of Human Rights operates. We
believe that reform should focus on unconditionally embedding the principle of
subsidiarity in the Court’s work and ensure the de-politicization of the Court and its
strict compliance with the framework of its jurisdiction. We are convinced that all
reform must be based on the main principle laid down in the European Convention for
the Protection of Human Rights and Fundamental Freedoms, whereby national legal
18
systems should carry the brunt of decision making on human rights. The Strasbourg
court should come into play only when these systems fail.
We think that the high-level conferences – in 2010 in Interlaken, in 2011 in Izmir and
this year in Brighton – which discussed the prospects for reform of the European Court,
allow us to hope for an eventual consensus which will take into account all the basic
principles of reform set out above.
We also favor the European Union’s speedy accession to the European Convention on
Human Rights, based on the recognition by the EU of the jurisdiction of the European
Court of Human Rights on terms that are subject to ratification by all 47 member of the
Council of Europe. We proceed from the fundamental importance of the fact that such
an agreement would fully ensure the preservation of the supremacy of the European
Convention on Human Rights for all of the Council of Europe area, and the central role of
the European Court of Human Rights in relation to any breach of the Convention, no
matter by whom: EU members or non members, the EU itself or its bodies and
institutions.
We share the Secretary General’s resolve to make an all-out push for reform in all areas
mentioned. We will support his reform initiatives, since we are convinced that they are
for the benefit of all European countries.
The Russian leadership has made it a priority to invest in the people as the key
development resource. Despite the crisis, the Government has fulfilled, and will keep up
with all of its social obligations for the benefit of people, it has declared a policy of
comprehensive modernization of the country based on the values and institutions of
democracy and socially oriented market economy.
Russia will enhance our cooperation with the Council of Europe along these lines.
In the post-crisis period every country on this continent needs to make great efforts to
collectively build a better Europe that is more fair, and dynamically developing. Owing
to a more effective Council of Europe, our continent will have every chance to become
truly integrated space with human rights promoted according to unified standards,
where every citizen of the Greater Europe would benefit from real mobility realized in
the free movement of ideas and people.
Ultimately, the level of mutual integration of European Communities, the strength of
contacts between people define mutual understanding and trust – and we can build
security only if we trust each other. In doing so, we would put into life the hopes and
ideals of the founders of European integration, and of many Europeans generations.
This would be the Europe left to us by those who sacrificed their lives during World War
II to liberate it from the fascist plague, by those who paid a heavy price for the tragic
experience of the 20th century.
Adapted from: Russia and the Council of Europe. The Embassy of the Russian Federation to the United
Kingdom of Great Britain and Northern Ireland. Accessed at: http://www.rusemb.org.uk/rce/
19
Directions: In groups, examine this statement made by the Russian government on the
website for their embassy for the UK, and discuss the position of Russia on the Council
of Europe.
The Russian Federation and the Council of Europe
What does
Russia think
the Council of
Europe does
well?
What does
Russia think
the Council of
Europe need
to work on to
improve?
20
ASSIGNMENT 1.6
Does Russia Need the Council of Europe?
Eurasia Outlook
By Alexei Arbatov & Andrei Kolesnikov | 4 February 2015
Russian leaders say they are considering withdrawing in 2016 from the Council of
Europe, following the vote last week to keep Russia's voting privileges in the body's
Parliamentary Assembly suspended, as they have been since shortly after the
annexation of Crimea. Russia has been a member of the international body, which is
focused on setting standards, defending rights and promoting rule of law, since 1996,
and, for now, it will continue to participate in Council structures, like the European
Court of Human Rights. If Russia follows through with its threats to leave the Council,
though, how will its place in the world be impacted? What would that decision's
ramifications be for normal Russians?
The statements by Duma members regarding PACE [Parliamentary Assembly of the
Council of Europe] and the Council of Europe met the palate like sour grapes. The
parliamentarians essentially implied that if they do not want us in PACE we do not
really need to be there.
But we Russians actually do need to be there. This was the only pan-European forum in
which Russia enjoyed equal participation. Of course, PACE does not sign treaties or
make administrative and practical imperative decisions; it is more of a platform for
exchanging ideas and assessments, taking positions and initiatives that are important
for Europe.
On the other hand, the assertions that Russia does not need PACE do, in fact, contain
some truth.
In general, if the foreign PACE parliamentarians want to understand Russia’s position
and its justifications, they do not need PACE for those understandings. They can contact
the Russian Foreign Ministry directly. With the present composition of Russian
parliamentarians, any other opinion will hardly be presented in PACE—in contrast to
the pluralism of Western parliamentarians’ views.
Thus, PACE membership is presently more a matter of prestige for Russia. But for some
reason, Russian parliamentarians constantly become offended and complain about
unfair treatment. If one feels confident about one’s views, one should not be hurt by
criticism.
I strongly believe that Russia must maintain its Council of Europe membership. This
allows us Russians to defend our interests as a great power—the status that we claim
for ourselves. If Russia withdraws from every platform, then okay, no one will offend us
and no one will remove us from anywhere. Russia has nuclear weapons; no one will
molest or attack us. But then we will just remain within the confines of our borders, like
North Korea.
If Russia decides to withdraw from the Council of Europe, Moscow will no longer be able
to affect various important developments through the motions of such an authoritative
21
pan-European institution. The numerous PACE resolutions on the violation of Russians’
human rights in the Baltic countries provide a perfect example. European pressure
forced the Baltic States to fundamentally change their practices, and now Russian
citizens readily purchase real estate, invest in business and move in large numbers to
live in the Baltics.
“Without Russia’s participation, the Council of Europe will be meaningless,” says the
Russian parliament’s speaker Sergei Naryshkin. But the problem is that without
participating in the Council of Europe, Russia itself will become meaningless. Russia’s
withdrawal from the Council of Europe will effectively mean the erection of a new
Berlin Wall, albeit located much farther to the east of the German capital.
To borrow Vladimir Putin’s description of the Soviet collapse, it will be a “geopolitical
catastrophe” for Russia comparable to the breakup of the Soviet Union.
It is a catastrophe not only because Russia will lose its place in the Western world and
be deprived of political representation in it, and not only because it will become a
pariah and failed state, but also because it will be an intellectual catastrophe for
ordinary Russian citizens. Instead of sharing in European values—democracy, rule of
law, and responsible government—they will end up on the side of the archaic values of
paternalism, isolationism, nationalism and Russian Orthodox fundamentalism. No
development is possible under such a framework.
Russian citizens will lose access to the Strasbourg Court, the last judicial resort that
replaced the Central Committee of the Communist Party; the death penalty may be
restored; human rights conventions will no longer apply to Russia—all these issues are
important, and together they present an extremely depressing picture. Even assuming
that the Council of Europe is a meaningless and tedious Strasbourg bureaucracy,
withdrawal from it will signify—both symbolically and actually—a halt in progress
toward joining the civilized world. Russia has in fact been moving in this direction for
the last 25, if not 30, years—since the start of Gorbachev’s perestroika.
Withdrawal from PACE is another sign of degradation for Russia. For the West, it
represents the emergence of a new world order, different from the one that existed
before the fall of the Iron Curtain. This is a new and dangerous geopolitical reality.
22
Russia & the Council of Europe: Staunch Support for PanEuropeanism?
RT
By Dr. Alexander Yakovenko | 18 May 2015
Dr. Alexander Yakovenko is the Russian Ambassador to the United Kingdom of Great Britain and Northern
Ireland, Deputy foreign minister (2005-2011).
On 19 May in Brussels the Committee of Ministers of the Council of Europe will meet for
its regular session. In Russia’s view, the session will reaffirm the significant role the
Council of Europe plays. It’s one of the most respected and representative regional
organizations on the continent, its mission to contribute to the creation of a Europe
whole and free without dividing lines, to strengthen democratic values, human rights
protection mechanisms and the rule of law, including international law.
Since Russia joined the CoE in 1996, we have been advocating the need to overcome the
deficit of trust that has been increasing with the expansion of Cold War structures of
limited membership like NATO, and preventing the emergence of new divisions in
Europe. We strongly support the CoE’s efforts in such areas as protecting human rights,
including the rights of ethnic minorities, and countering extremism, aggressive
nationalism, racial and religious intolerance. CoE membership has had a great impact on
our legal system, not least through the mechanisms of the European Court of Human
Rights. It’s in our interest to ensure the Council of Europe doesn’t apply double
standards in its work.
Today, our cooperation with CoE is, regrettably, being “rolled back” by problems that
have emerged between Russia and the West over the Ukraine crisis. We are convinced
there is no alternative to the implementation of all provisions of the Minsk agreements,
including those on dealing with acute humanitarian problems, lifting the economic
blockade, and reforming the constitution in keeping with the recommendations of the
Venice Commission. The Commission’s recent report has expressed concern over delays
in carrying out constitutional reforms in Ukraine, even though in Minsk-2 the reforms,
including primarily decentralization, were mapped out in sufficient detail.
We believe that the Council should more actively promote a transparent and unbiased
investigation of the numerous gross human rights violations in Ukraine. Through its
International Consultative Group, the CoE is involved in investigating the events that
happened on Maidan Square from November 2013 to February 21, 2014. We hope that
the International Consultative Group will display a similar approach toward the
investigation of the May 2, 2014 tragedy in Odessa. There is an understanding that the
CoE experts will join the process. All the more so, as Western media is starting to
provide honest coverage of these issues.
We regret that the Parliamentary Assembly has adopted an absolutely undemocratic
decision, regrettably actively supported by UK parliamentarians, to suspend the Russian
delegation's voting rights and a number of key powers, making its presence in the PACE
meeting room meaningless. This artificially created crisis in the PACE must cease.
Meanwhile, the PACE deadlock provides extra reasons for strengthening Russia-CoE
cooperation in other areas.
23
Directions: In groups, think of the information from the two articles regarding Russia’s
interactions with the Council of Europe, as of 2015. In the space below, provide three
examples, with evidence, for why Russia needs the Council of Europe, using the
information from Assignment 1.6.
Does Russia need the Council of Europe?
Example #1
Evidence
Example #2
Evidence
Example #3
Evidence
24
ASSIGNMENT 1.7
The International Criminal Court – History & Structure
The International Criminal Court (ICC) is an intergovernmental organization and
international tribunal that sits in The Hague in the Netherlands. The ICC has the
jurisdiction to prosecute individuals for the international crimes of genocide, crimes
against humanity, and war crimes. The ICC is intended to complement existing national
judicial systems and it may therefore only exercise its jurisdiction when certain
conditions are met, such as when national courts are unwilling or unable to prosecute
criminals or when the United Nations Security Council or individual states refer
investigations to the Court. The ICC began functioning on 1 July 2002, the date that the
Rome Statute entered into force. The Rome Statute is a multilateral treaty which serves
as the ICC's foundational and governing document. States that become party to the
Rome Statute, for example by ratifying it, become member states of the ICC. Currently,
there are 123 states that are party to the Rome Statute and therefore members of the
ICC.
The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the
Prosecutor, and the Registry. The President is the most senior judge chosen by his or
her peers in the Judicial Division, which hears cases before the Court. The Office of the
Prosecutor is headed by the Prosecutor who investigates crimes and initiates
proceedings before the Judicial Division. The Registry is headed by the Registrar and is
charged with managing all the administrative functions of the ICC, including the
headquarters, detention unit, and public defense office.
The Office of the Prosecutor has opened nine official investigations and is also
conducting an additional nine preliminary examinations. Thus far, 36 individuals have
been indicted in the ICC, including Ugandan rebel leader Joseph Kony, Sudanese
president Omar al-Bashir, Kenyan president Uhuru Kenyatta, Libyan leader Muammar
Gaddafi, and Ivorian president Laurent Gbagbo.
History
The establishment of an international tribunal to judge political leaders accused of
international crimes was first proposed during the Paris Peace Conference in 1919
following the First World War by the Commission of Responsibilities. The issue was
addressed again at a conference held in Geneva under the auspices of the League of
Nations in 1937, which resulted in the conclusion of the first convention stipulating the
establishment of a permanent international court to try acts of international terrorism.
The convention was signed by 13 states, but none ratified it and the convention never
entered into force.
Following the Second World War, the allied powers established two tribunals to
prosecute axis power leaders accused of war crimes. The International Military Tribunal,
which sat in Nuremberg, prosecuted German leaders while the International Military
Tribunal for the Far East in Tokyo prosecuted Japanese leaders. In 1948 the United
Nations General Assembly first recognised the need for a permanent international court
to deal with atrocities of the kind prosecuted after the Second World War. At the
request of the General Assembly, the International Law Commission (ILC) drafted two
statutes by the early 1950s but these were shelved during the Cold War, which made
25
the establishment of an international criminal court politically unrealistic.
In June 1989 Prime Minister of Trinidad and Tobago A. N. R. Robinson revived the idea
of a permanent international criminal court by proposing the creation of such a court to
deal with the illegal drug trade. Following Trinidad and Tobago's proposal, the General
Assembly tasked the ILC with once again drafting a statute for a permanent court.
While work began on the draft, the United Nations Security Council established two
tribunals in early 1990s. The International Criminal Tribunal for the former Yugoslavia
was created in 1993 in response to large-scale atrocities committed by armed forces
during Yugoslav Wars and the International Criminal Tribunal for Rwanda was created
in 1994 following the Rwandan Genocide. The creation of these tribunals further
highlighted the need for a permanent international criminal court.
In 1994, the ILC presented its final draft statute for the International Criminal Court to
the General Assembly and recommended that a conference be convened to negotiate a
treaty that would serve as the Court's statute. From 1996 to 1998, six sessions of the
General Assembly’s Preparatory Committee were held at the United Nations
headquarters in New York City, during which NGOs provided input and attended
meetings under the umbrella organisation of the Coalition for an ICC (CICC).
Finally, the General Assembly convened a conference in Rome in June 1998, with the
aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the Rome
Statute of the International Criminal Court was adopted by a vote of 120 to 7, with 21
countries abstaining. The seven countries that voted against the treaty were China, Iraq,
Israel, Libya, Qatar, the United States, and Yemen. Following 60 ratifications, the Rome
Statute entered into force on 1 July 2002 and the International Criminal Court was
formally established. The first bench of 18 judges was elected by the Assembly of States
Parties in February 2003. They were sworn in at the inaugural session of the Court on
11 March 2003.
The Court issued its first arrest warrants on 8 July 2005, and the first pre-trial hearings
were held in 2006. The Court issued its first judgment in 2012 when it found Congolese
rebel leader Thomas Lubanga Dyilo guilty of war crimes related to using child soldiers.
Structure
The ICC is governed by an Assembly of States Parties, which is made up of the states
that are party to the Rome Statute. The Assembly elects officials of the Court, approves
its budget, and adopts amendments to the Rome Statute. The Court itself, however, is
composed of four organs: the Presidency, the Judicial Divisions, the Office of the
Prosecutor, and the Registry.
State parties
As of May 2015, 123 states are parties to the Statute of the Court, including all the
countries of South America, nearly all of Europe, most of Oceania and roughly half of
Africa. A further 31 countries have signed but not ratified the Rome Statute. The law of
treaties obliges these states to refrain from "acts which would defeat the object and
purpose" of the treaty until they declare they do not intend to become a party to the
treaty. Three signatory states—Israel, Sudan and the United States—have informed the
UN Secretary General that they no longer intend to become states parties and, as such,
26
have no legal obligations arising from their former representatives' signature of the
Statute. 41 United Nations member states have neither signed nor acceded to the Rome
Statute; some of them, including China and India, are critical of the Court. Ukraine, a
non-ratifying signatory, has accepted the Court's jurisdiction for a limited period in
2013-2014.
Assembly of States Parties
The Court's management oversight and legislative body, the Assembly of States Parties,
consists of one representative from each state party. Each state party has one vote and
"every effort" has to be made to reach decisions by consensus. If consensus cannot be
reached, decisions are made by vote. The Assembly is presided over by a president and
two vice-presidents, who are elected by the members to three-year terms.
The Assembly meets in full session once a year in New York or The Hague, and may also
hold special sessions where circumstances require. Sessions are open to observer states
and non-governmental organizations.
The Assembly elects the judges and prosecutors, decides the Court's budget, adopts
important texts (such as the Rules of Procedure and Evidence), and provides
management oversight to the other organs of the Court. Article 46 of the Rome Statute
allows the Assembly to remove from office a judge or prosecutor who "is found to have
committed serious misconduct or a serious breach of his or her duties" or "is unable to
exercise the functions required by this Statute". The states parties cannot interfere with
the judicial functions of the Court. Disputes concerning individual cases are settled by
the Judicial Divisions.
Organs of the Court
The Court has four organs: the Presidency, the Judicial Division, the Office of the
Prosecutor, and the Registry.
1) Presidency
The Presidency is responsible for the proper administration of the Court (apart from the
Office of the Prosecutor). It comprises the President and the First and Second VicePresidents—three judges of the Court who are elected to the Presidency by their fellow
judges for a maximum of two three-year terms.
2) Judicial Division
The Judicial Divisions consist of the 18 judges of the Court, organized into three
chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber—which carry
out the judicial functions of the Court. Judges are elected to the Court by the Assembly
of States Parties. They serve nine-year terms and are not generally eligible for reelection.
3) Office of the Prosecutor
The Office of the Prosecutor is responsible for conducting investigations and
prosecutions. I t is headed by the Chief Prosecutor, who is assisted by one or more
Deputy Prosecutors. The Rome Statute provides that the Office of the Prosecutor shall
27
act independently; as such, no member of the Office may seek or act on instructions
from any external source, such as states, international organisations, non-governmental
organisations or individuals.
The Prosecutor may open an investigation under three circumstances:
• when a situation is referred to him or her by a state party;
• when a situation is referred to him or her by the United Nations Security Council,
acting to address a threat to international peace and security; or
• when the Pre-Trial Chamber authorises him or her to open an investigation on the
basis of information received from other sources, such as individuals or nongovernmental organisations.
4) Registry
The Registry is responsible for the non-judicial aspects of the administration and
servicing of the Court. This includes, among other things, "the administration of legal
aid matters, court management, victims and witnesses matters, defence counsel,
detention unit, and the traditional services provided by administrations in international
organisations, such as finance, translation, building management, procurement and
personnel". The Registry is headed by the Registrar, who is elected by the judges to a
five-year term.
Headquarters, Offices and Detention Unit
The official seat of the Court is in The Hague, Netherlands, but its proceedings may take
place anywhere.
The ICC also maintains a liaison office in New York and field offices in places where it
conducts its activities. As of 18 October 2007, the Court had field offices in Kampala,
Kinshasa, Bunia, Abéché and Bangui.
The ICC's detention centre comprises twelve cells on the premises of the Scheveningen
branch of the Haaglanden Penal Institution, The Hague. Suspects held by the
International Criminal Tribunal for the former Yugoslavia are held in the same prison
and share some facilities, like the fitness room, but have no contact with suspects held
by the ICC.
As of July 2012, the detention centre houses one person convicted by the court, Thomas
Lubanga, and four suspects: Germain Katanga, Mathieu Ngudjolo Chui, Jean-Pierre
Bemba and Laurent Gbagbo. Additionally, former Liberian President Charles Taylor is
held there. Taylor was tried under the mandate and auspices of the Special Court for
Sierra Leone, but his trial was held at the ICC's facilities in The Hague because of
political and security concerns about holding the trial in Freetown. On 26 April 2012,
Taylor was convicted on eleven charges.
Adapted from: “International Criminal Court.” Wikipedia. August 2015. Accessed at:
https://en.wikipedia.org/wiki/International_Criminal_Court
28
1. What were the historical reasons for why the International Criminal Court was
established? Do you think that these reasons are legitimate? Why or why not?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2. What is the Assembly of States Parties? What does it do?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3. In the space below, explain, in detail, how the four organs of the International
Criminal Court operate.
International Criminal Court: Four Organs
Presidency
Judicial
Division
Office of the
Prosecutor
Registry
29
ASSIGNMENT 1.8
The International Criminal Court – Jurisdiction &
Admissibility
The Rome Statute requires that several criteria exist in a particular case before an
individual can be prosecuted by the Court. The Statute contains three jurisdictional
requirements and three admissibility requirements. All criteria must be met for a case
to proceed.
Jurisdiction
There are three jurisdictional requirements in the Rome Statute that must be met
before a case may begin against an individual. The requirements are subject-matter
jurisdiction (what acts constitute crimes), territorial or personal jurisdiction (where the
crimes were committed or who committed them), and temporal jurisdiction (when the
crimes were committed).
1) Subject-Matter Jurisdiction
The Court's subject-matter jurisdiction is the crimes for which individuals can be
prosecuted. Individuals can only be prosecuted for crimes that are listed in the Statute.
The primary crimes are listed in article 5 of the Statute and defined in later articles:
genocide (defined in article 6), crimes against humanity (defined in article 7), war
crimes (defined in article 8), and crimes of aggression (defined in article 8).
Genocide
Article 6 defines the crime of genocide as "acts committed with intent to destroy, in
whole or in part, a national, ethnical, racial or religious group". There are five such acts
which constitute crimes of genocide under article 6:
• Killing members of a group
• Causing serious bodily or mental harm to members of the group
• Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction
• Imposing measures intended to prevent births within the group
• Forcibly transferring children of the group to another group
Crimes Against Humanity
Article 7 defines crimes against humanity as acts "committed as part of a widespread or
systematic attack directed against any civilian population, with knowledge of the attack".
The article lists 16 such as individual crimes:
• Murder
• Extermination
• Enslavement
• Deportation or forcible transfer of population
• Imprisonment or other severe deprivation of physical liberty
• Torture
• Rape
30
•
•
•
•
•
•
•
•
•
Sexual slavery
Enforced prostitution
Forced pregnancy
Enforced sterilization
Sexual violence
Persecution
Enforced disappearance of persons
Apartheid
Other inhumane acts
War crimes
Article 8 defines war crimes depending on whether an armed conflict is either
international (which generally means it is fought between states) or non-international
(which generally means that it is fought between non-state actors, such as rebel groups,
or between a state and such non-state actors). In total there are 74 war crimes listed in
article 8. The most serious crimes, however, are those that constitute either grave
breaches of the Geneva Conventions of 1949, which only apply to international conflicts,
and serious violations of article 3 common to the Geneva Conventions of 1949, which
apply to non-international conflicts.
There are 11 crimes which constitute grave breaches of the Geneva Conventions and
which are applicable only to international armed conflicts:
• Willful killing
• Torture
• Inhuman treatment
• Biological experiments
• Willfully causing great suffering
• Destruction and appropriation of property
• Compelling service in hostile forces
• Denying a fair trial
• Unlawful deportation and transfer
• Unlawful confinement
• Taking hostages
There are seven crimes which constitute serious violations of article 3 common to the
Geneva Conventions and which are applicable only to non-international armed conflicts:
•
•
•
•
•
•
•
Murder
Mutilation
Cruel treatment
Torture
Outrages upon personal dignity
Taking hostages
Sentencing or execution without due process
Additionally, there are 56 other crimes which defined by article 8: 35 that apply to
international armed conflicts and 21 that apply to non-international armed conflicts.
Such crimes include attacking civilians or civilian objects, attacking peacekeepers,
causing excessive incidental death or damage, transferring populations into occupied
territories, treacherously killing or wounding, denying quarter, pillaging, employing
31
poison, using expanding bullets, rape and other forms of sexual violence, and
conscripting or using child soldiers.
Crimes of aggression
Article 8 defines crimes of aggression, however the Court is not yet able to prosecute
individuals for these crimes. The Statute originally provided that the Court could not
exercise its jurisdiction over the crime of aggression until such time as the states parties
agreed on a definition of the crime and set out the conditions under which it could be
prosecuted.
The Statute, as amended, defines the crime of aggression as "the planning, preparation,
initiation or execution, by a person in a position effectively to exercise control over or to
direct the political or military action of a State, of an act of aggression which, by its
character, gravity and scale, constitutes a manifest violation of the Charter of the United
Nations." The Statute defines an "act of aggression" as "the use of armed force by a State
against the sovereignty, territorial integrity or political independence of another State,
or in any other manner inconsistent with the Charter of the United Nations." The article
also contains a list of seven acts of aggression, which are identical to those in United
Nations General Assembly Resolution 3314 of 1974 and include the following acts when
committed by one state against another state:
• Invasion or attack by armed forces against territory
• Military occupation of territory
• Annexation of territory
• Bombardment against territory
• Use of any weapons against territory
• Blockade of ports or coasts
• Attack on the land, sea, or air forces or marine and air fleets
• The use of armed forces which are within the territory of another state by agreement,
but in contravention of the conditions of the agreement
• Allowing territory to be used by another state to perpetrate an act of aggression
against a third state
• Sending armed bands, groups, irregulars, or mercenaries to carry out acts of armed
force
Offences against the administration of justice
Article 70 criminalizes certain intentional acts which interfere with investigations and
proceedings before the Court, including giving false testimony, presenting false
evidence, corruptly influencing a witness or official of the Court, retaliating against an
official of the Court, and soliciting or accepting bribes as an official of the Court.
2) Territorial or personal jurisdiction
For an individual to be prosecuted by the Court either territorial jurisdiction or
personal jurisdiction must exist. Therefore, an individual can only be prosecuted if he or
she has either (1) committed a crime within the territorial jurisdiction of the Court or
(2) committed a crime while a national of a state that is within the territorial
jurisdiction of the Court.
32
3) Temporal jurisdiction
Temporal jurisdiction is the time period over which the Court can exercise its powers.
No statute of limitations applies to any of the crimes defined in the Statute. However,
the Court's jurisdiction is not completely retroactive. Individuals can only be prosecuted
for crimes that took place on or after 1 July 2002, which is the date that the Rome
Statute entered into force. However, if a state became party to the Statute, and
therefore a member of the Court, after 1 July 2002, then the Court cannot exercise
jurisdiction prior to that date for certain cases. For example, if the Statute entered into
force for a state on 1 January 2003, the Court could only exercise temporal jurisdiction
over crimes that took place in that state or were committed by a national of that state on
or after 1 January 2003.
Admissibility
To initiate an investigation, the Prosecutor must (1) have a "reasonable basis to believe
that a crime within the jurisdiction of the Court has been or is being committed", (2) the
investigation would be consistent with the principle of complementarity, and (3) the
investigation serves the interests of justice.
Complementarity
The principle of complementarity means that the Court will only prosecute an
individual if states are unwilling or unable to prosecute. Therefore, if legitimate national
investigations or proceedings into crimes have taken place or are ongoing, the Court
will not initiate proceedings. This principle applies regardless of the outcome of
national proceedings. Even if an investigation is closed without any criminal charges
being filed or if an accused person is acquitted by a national court, the Court will not
prosecute an individual for the crime in question so long as it is satisfied that the
national proceedings were legitimate.
Gravity
The Court will only initiate proceedings if a crime is of "sufficient gravity to justify
further action by the Court".
Interests of Justice
The Prosecutor will initiate an investigation unless there are "substantial reasons to
believe that an investigation would not serve the interests of justice" when "[t]aking
into account the gravity of the crime and the interests of victims". Furthermore, even if
an investigation has been initiated and there are substantial facts to warrant a
prosecution and no other admissibility issues, the Prosecutor must determine whether
a prosecution would serve the interests of justice "taking into account all the
circumstances, including the gravity of the crime, the interests of victims and the age or
infirmity of the alleged perpetrator, and his or her role in the alleged crime".
Adapted from: “International Criminal Court.” Wikipedia. August 2015. Accessed at:
https://en.wikipedia.org/wiki/International_Criminal_Court
33
Directions: In groups, use the Internet to research one of the cases brought before the
International Criminal Court and discuss the ICC’s action in that case.
ICC Case: ___________________________________________________________
International Criminal Court: Actions
When did the
case begin?
Who was the
accused?
What were
the counts
against the
accused?
Was the case
successfully
brought to
trial? Why or
why not?
What is the
current status
of the case?
34
ASSIGNMENT 1.9
The International Criminal Court – Procedure
Procedure
Trial
Trials are conducted under a hybrid common law and civil law judicial system, but it has
been argued the procedural orientation and character of the court is still evolving. A
majority of the three judges present may reach a decision, which must include a full and
reasoned statement. Trials are supposed to be public, but proceedings are often closed,
and such exceptions to a public trial have not been enumerated in detail. Hearsay and
other indirect evidence is not generally prohibited, but it has been argued the court is
guided by hearsay exceptions which are prominent in common law systems. There is no
subpoena or other means to compel witnesses to come before the court, although the
court has some power to compel testimony of those who chose to come before it, such
as fines.
Rights of the accused
The Rome Statute provides that all persons are presumed innocent until proven guilty
beyond reasonable doubt, and establishes certain rights of the accused and persons
during investigations. These include the right to be fully informed of the charges against
him or her; the right to have a lawyer appointed, free of charge; the right to a speedy
trial; and the right to examine the witnesses against him or her.
To ensure "equality of arms" between defence and prosecution teams, the ICC has
established an independent Office of Public Counsel for the Defence (OPCD) to provide
logistical support, advice and information to defendants and their counsel. The OPCD
also helps to safeguard the rights of the accused during the initial stages of an
investigation.
Victim participation
One of the great innovations of the Statute of the International Criminal Court and its
Rules of Procedure and Evidence is the series of rights granted to victims. For the first
time in the history of international criminal justice, victims have the possibility under
the Statute to present their views and observations before the Court.
Participation before the Court may occur at various stages of proceedings and may take
different forms, although it will be up to the judges to give directions as to the timing
and manner of participation.
Participation in the Court's proceedings will in most cases take place through a legal
representative and will be conducted "in a manner which is not prejudicial or
inconsistent with the rights of the accused and a fair and impartial trial".
35
Cooperation by states not party to Rome Statute
One of the principles of international law is that a treaty does not create either
obligations or rights for third states. The cooperation of the non-party states with the
ICC is envisioned by the Rome Statute of the International Criminal Court to be of
voluntary nature. However, even states that have not acceded to the Rome Statute
might still be subjects to an obligation to co-operate with ICC in certain cases. When a
case is referred to the ICC by the UN Security Council, all UN member states are obliged
to cooperate, since its decisions are binding for all of them. Also, there is an obligation
to respect and ensure respect for international humanitarian law. Although the
wording of the Conventions might not be precise as to what steps have to be taken, it
has been argued that it at least requires non-party states to make an effort not to block
actions of ICC in response to serious violations of those Conventions.
Amnesties and National Reconciliation Processes
It is unclear to what extent the ICC is compatible with reconciliation processes that
grant amnesty to human rights abusers as part of agreements to end conflict. Former
ICC president Philippe Kirsch has said that "some limited amnesties may be compatible"
with a country's obligations genuinely to investigate or prosecute under the Statute.
It is sometimes argued that amnesties are necessary to allow the peaceful transfer of
power from abusive regimes. By denying states the right to offer amnesty to human
rights abusers, the International Criminal Court may make it more difficult to negotiate
an end to conflict and a transition to democracy. For example, the outstanding arrest
warrants for four leaders of the Lord's Resistance Army are regarded by some as an
obstacle to ending the insurgency in Uganda. Czech politician Marek Benda argues that
"the ICC as a deterrent will in our view only mean the worst dictators will try to retain
power at all costs". However, the United Nations and the International Committee of the
Red Cross maintain that granting amnesty to those accused of war crimes and other
serious crimes is a violation of international law.
Adapted from: “International Criminal Court.” Wikipedia. August 2015. Accessed at:
https://en.wikipedia.org/wiki/International_Criminal_Court
36
Directions: In groups, discuss one of 6 areas of concern for the procedures of the
International Criminal Court to share with the rest of the class.
International Criminal Court: Procedural Concerns
1) Can trials by the ICC be considered fair 4) What countries have to participate with
at all times?
the ICC? Why?
2) Are the rights of the accused always
protected?
5) What countries do not have to
participate with the ICC? Why?
3) How do victims participate in the ICC?
6) What is the advantage of a country
giving criminals amnesty instead of
sending them to the ICC?
37
ASSIGNMENT 1.10
The International Criminal Court – Relationships
Unlike the International Court of Justice, the ICC is legally independent from the United
Nations. However, the Rome Statute grants certain powers to the United Nations
Security Council, which limits its functional independence. Article 13 allows the Security
Council to refer to the Court situations that would not otherwise fall under the Court's
jurisdiction (as it did in relation to the situations in Darfur and Libya, which the Court
could not otherwise have prosecuted as neither Sudan nor Libya are state parties).
Article 16 allows the Security Council to require the Court to defer from investigating a
case for a period of 12 months. Such a deferral may be renewed indefinitely by the
Security Council. This sort of an arrangement gives the ICC some of the advantages
inhering in the organs of the United Nations such as using the enforcement powers of
the Security Council but it also creates a risk of being tainted with the political
controversies of the Security Council.
The Court cooperates with the UN in many different areas, including the exchange of
information and logistical support. The Court reports to the UN each year on its
activities, and some meetings of the Assembly of States Parties are held at UN facilities.
Non-governmental Organizations
During the 1970s and 1980s, international human rights and humanitarian nongovernmental organizations (or NGOs) began to proliferate at exponential rates.
Concurrently, the quest to find a way to punish international crimes shifted from being
the exclusive responsibility of legal experts to being shared with international human
rights activism.
NGOs helped birth the ICC through advocacy and championing for the prosecution of
perpetrators of crimes against humanity. NGOs closely monitor the organization's
declarations and actions, ensuring that the work that is being executed on behalf of the
ICC is fulfilling its objectives and responsibilities to civil society.
There are a number of NGOs working on a variety of issues related to the ICC. The NGO
Coalition for the International Criminal Court has served as a sort of umbrella for NGOs
to coordinate with each other on similar objectives related to the ICC. The CICC has
2,500 member organizations in 150 different countries. The original steering
committee included representatives from the World Federalist Movement, the
International Commission of Jurists, Amnesty International, the Lawyers Committee for
Human Rights, Human Rights Watch, Parliamentarians for Global Action, and No Peace
Without Justice.
Today, many of the NGOs with which the ICC cooperates are members of the CICC.
These organizations come from a range of backgrounds, spanning from major
international NGOs such as Human Rights Watch and Amnesty International, to smaller,
more local organizations focused on peace and justice missions. Many work closely
with states, such as the International Criminal Law Network, founded and
predominantly funded by the Hague municipality and the Dutch Ministries of Defense
and Foreign Affairs. The CICC also claims organizations that are themselves federations,
such as the International Federation of Human Rights Leagues (FIDH).
38
CICC members ascribe to three principles that permit them to work under the umbrella
of the CICC, so long as their objectives match them:
• Promoting worldwide ratification and implementation of the Rome Statute of the ICC
• Maintaining the integrity of the Rome Statute of the ICC
• Ensuring the ICC will be as fair, effective and independent as possible
The NGOs that work under the CICC do not normally pursue agendas exclusive to the
work of the Court, rather they may work for broader causes, such as general human
rights issues, victims' rights, gender rights, rule of law, conflict mediation, and peace.
The CICC coordinates their efforts to improve the efficiency of NGOs' contributions to
the Court and to pool their influence on major common issues. From the ICC side, it has
been useful to have the CICC channel NGO contacts with the Court so that its officials do
not have to interact individually with thousands of separate organizations.
NGOs have been crucial to the evolution of the ICC, as they assisted in the creation of the
normative climate that urged states to seriously consider the Court's formation. Their
legal experts helped shape the Statute, while their lobbying efforts built support for it.
They advocate Statute ratification globally and work at expert and political levels within
member states for passage of necessary domestic legislation. NGOs are greatly
represented at meetings for the Assembly of States Parties and they use the ASP
meetings to press for decisions promoting their priorities. Many of these NGOs have
reasonable access to important officials at the ICC because of their involvement during
the Statute process. They are engaged in monitoring, commenting upon, and assisting in
the ICC's activities.
The ICC many times depends on NGOs to interact with local populations. The Registry
Public Information Office personnel and Victims Participation and Reparations Section
officials hold seminars for local leaders, professionals and the media to spread the word
about the Court. These are the kinds of events that are often hosted or organized by
local NGOs. Because there can be challenges with determining which of these NGOs are
legitimate, CICC regional representatives often have the ability to help screen and
identify trustworthy organizations.
Adapted from: “International Criminal Court.” Wikipedia. August 2015. Accessed at:
https://en.wikipedia.org/wiki/International_Criminal_Court
39
1. What is the relationship between the International Criminal Court and the United
Nations?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2. What is the relationship between the International Criminal Court and the Coalition
for the International Criminal Court (CICC)?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3. In the space below, explain and provide examples for how NGOs can have both
positive and negative effects on the International Criminal Court.
The International Criminal Court and NGOs: Positives & Negatives
Positive
effects on
the ICC
Negative
effects on
the ICC
40
ASSIGNMENT 1.11
The International Criminal Court – Criticisms
Directions: Review the following two cartoons and answer the questions that follow.
1) According to this cartoon, published in The Economist on 12 May 2011, how is the
International Criminal Court portrayed? Why do you think that is?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2) Provide two examples of how the International Criminal Court could be understood
as a “tool of Western imperialism” by some countries.
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
41
1) Compare this cartoon, published by American editorial cartoonist Daryl Cagle on 31
January 2014, with the one from The Economist 2.5 years earlier. How are they
different?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2) Why do you think the two cartoons differ in their critiques of the International
Criminal Court?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
42
ASSIGNMENT 1.12
Why Russia Vetoed Malaysia Jet Tribunal
Waterloo Region Record
By Leonid Bershidsky | 1 August 2015
It might seem that Russia vetoed a United Nations Security Council resolution to set up
an international tribunal to try the people responsible for the crash of Malaysia Airlines
Flight 17 last year because Russia was responsible — either directly or through its
separatist proxies in eastern Ukraine.
Yet this guilt, by now pretty well-established, is not the real reason for the veto.
It was obvious from the start that MH17 was shot down by the pro-Russian side in
Ukraine conflict. The rebels had no air force, and Russia couldn't use its own to support
them and still deny being involved, so Ukrainians had no aerial invaders to shoot at.
But the Ukrainian military was conducting bombing raids over rebel territory and using
transport planes to carry troops and equipment. The rebels initially boasted on social
networks that they'd shot down a Ukrainian transport plane, which soon turned out to
be the Malaysian airliner. In the year since, investigations by multiple news
organizations and civil journalists have pointed to the rebel side.
It's not clear who exactly downed the plane — whether it was the rebels themselves,
using a captured Ukrainian Buk missile, or a Russian unit sent across the border to aid
them. Yet there's little doubt which side was responsible — outside Russia, that is.
Inside Russia, a recent poll showed that 44 per cent blame the Ukrainian military, and
17 per cent — wait for it — believe the U.S. was responsible. Only 2 per cent believe in
Russia's guilt.
That's not surprising: The Kremlin's extensive propaganda campaign — featuring
misleading "expert reports," fake "satellite images" and "secret witnesses" who said it
was a Ukrainian plane that shot down MH17 — was meant for domestic consumption.
But President Vladimir Putin and his men should know by now — they've probably
known from the start — that they can't make that case successfully to the rest of the
world.
They also realize that they must recognize international investigations into the tragedy,
such as the technical one by the Dutch Safety Board and the criminal one by a Joint
Investigation Team of Dutch, Australian, Belgian, Malaysian and Ukrainian detectives.
Russia is in fact co-operating with the first one, though it's not happy with its
confidential preliminary conclusions. As for the Joint Investigation Team, Russia has
long expressed doubts about its impartiality and insisted on closer UN supervision, but
it can't really object to its work — which hasn't yet yielded results — because it's
sanctioned by Security Council resolution 2166, passed on July 21, 2014.
Russia's problem with the tribunal is different, though. It's similar to the problem the
U.S. has with accepting the jurisdiction of the International Criminal Court in The Hague,
43
whose function is to prosecute war crimes and instances of genocide.
The judicial body was set up in 1998, after special tribunals on the former Yugoslavia
and Rwanda proved lengthy and inefficient. The U.S. initially supported its creation but
then withdrew its backing lest the court be used for the politically motivated
persecution of Americans participating in various wars. In 2011, the U.S.-backed
Security Council Resolution 1970, referred that year's civil war in Libya to the
International Criminal Court — a historic first for the U. S. — but made its vote
conditional on a "carve-out" for countries that have not accepted the court's jurisdiction.
The clause reads:
"Nationals, current or former officials or personnel from a State outside the Libyan Arab
Jamahiriya which is not a party to the Rome Statute of the International Criminal Court
shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions
arising out of or related to operations in the Libyan Arab Jamahiriya established or
authorized by the Council, unless such exclusive jurisdiction has been expressly waived
by the State."
In other words, the U.S. wants to retain the right to try its own war criminals under its
own laws rather than hand them over to an international tribunal. Russia, which has
always jealously watched the practice of American exceptionalism, wants the same
treatment. It cannot, however, use the U.S.- International Criminal Court example to
argue against the MH17 tribunal, because it's a party to the Rome Statute, and it doesn't
want the case referred to the court, either.
Russia, like a number of other countries, never extradites its citizens wanted for crimes
committed elsewhere. Submitting the MH17 case to a tribunal would, in practice, mean
breaking that rule. And that's not something Putin, with his great power nostalgia and
ambitions, can allow. So his reasoning for vetoing the tribunal goes beyond the MH17
case. He's not trying to cover up for some rebel field commander or even a Russian
army officer who may have ordered the missile launch a year ago: He's just not willing
to give up ground that the U.S. isn't giving up.
This allows politicians from countries whose citizens were killed on board MH17 to
show the victims' families that they're doing all they can to bring the guilty to justice,
but Russia stands in their way. They may even try to have the tribunal resolution
approved by a two-thirds vote of the UN General Assembly, but that might not succeed.
After all, the resolution to condemn Russia's Crimea invasion didn't get two-thirds
support.
What matters to the Joint Investigation Team countries in this case, however, is the
effort itself, not the final result. Realistically, the Russian instigators of the eastern
Ukraine conflict and their local proxies can be punished only if the Putin regime is
overthrown. And that's a highly unlikely outcome.
44
Directions: The class will be split in half to prepare and engage in a debate about
whether Russia should have allowed for an international tribunal on the plane crash of
MH 17. Write your group’s opinions, and the opinions of the other groups, in the space
provided below.
Russia and the International Criminal Court
Yes, Russia
was right in
vetoing the
UN
resolution
for a
tribunal
No, Russia
should not
have vetoed
the
resolution
for a
tribunal
45
ASSIGNMENT 1.13
The Islamic Development Bank – About IDB
The Islamic Development Bank is an
international financial institution
established in pursuance of the Declaration
of Intent issued by the Conference of
Finance Ministers of Muslim Countries held
in Jeddah in Dhul Q'adah 1393H,
corresponding to December 1973. The
Inaugural Meeting of the Board of
Governors took place in Rajab 1395H,
corresponding to July 1975, and the Bank
was formally opened on 15 Shawwal 1395H
corresponding to 20 October 1975.
Purpose
The purpose of the Bank is to foster the
economic development and social progress
of member countries and Muslim
communities individually as well as jointly
in accordance with the principles of Shari'ah
i.e., Islamic Law.
Functions
The functions of the Bank are to participate in equity capital and grant loans for
productive projects and enterprises besides providing financial assistance to member
countries in other forms for economic and social development. The Bank is also
required to establish and operate special funds for specific purposes including a fund
for assistance to Muslim communities in non-member countries, in addition to setting
up trust funds. The Bank is authorized to accept deposits and to mobilize financial
resources through Shari'ah compatible modes. It is also charged with the responsibility
of assisting in the promotion of foreign trade especially in capital goods, among member
countries; providing technical assistance to member countries; and extending training
facilities for personnel engaged in development activities in Muslim countries to
conform to the Shari'ah.
Membership
The present membership of the Bank consists of 56 countries. The basic condition for
membership is that the prospective member country should be a member of the
Organisation of Islamic Cooperation (OIC), pay its contribution to the capital of the Bank
and be willing to accept such terms and conditions as may be decided upon by the IDB
Board of Governors.
IDB Member Countries
The basic condition for membership is that the prospective member country should be a
member of the Organization of the Islamic Cooperation (OIC). The IDB Board of
Governors has the authority to set the terms and conditions on the subscription and
payment to the capital of the Bank. The cumulative capital subscription from the Initial
to the 5th General Capital Increase and the shareholding position of the IDB member
countries as at Hijri financial year-end, as of 24 October 2014, are as follows:
46
SN
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
Country
Saudi Arabia
Libya
Iran
Nigeria
United Arab Emirates
Qatar
Egypt
Kuwait
Turkey
Algeria
Pakistan
Indonesia
Malaysia
Bangladesh
Yemen
Morocco
Sudan
Jordan
Senegal
Oman
Brunei
Cameroon
Burkina Faso
Gabon
Kazakhstan
Azerbaijan
Mali
Iraq
Guinea
Niger
Mauritania
Bahrain
Kyrghyz
Mozambique
Uganda
Benin
Palestine
Tunisia
Syria
Sierra Leone
Tajikistan
Uzbekistan
Comoros
Afghanistan
Chad
Lebanon
Albania
Gambia
Maldives
Suriname
Djibouti
Guinea-Bissau
Somalia
Togo
Turkmenistan
Cote D'Ivoire
Total Subscribed
Available For Subscription
Total Issued Capital
No. of Shares
1,189,680
477,166
417,463
387,452
379,949
363,236
357,965
350,000
326,384
128,559
128,559
113,795
82,308
50,996
25,862
25,669
23,295
21,976
14,781
14,255
12,836
12,836
9,017
5,458
5,400
5,092
5,092
4,824
4,585
4,585
3,577
2,588
2,584
2,584
2,463
2,080
1,955
1,955
1,849
1,816
1,816
1,344
1,302
993
977
977
923
923
923
923
496
496
496
496
496
465
4,986,572
71,630
5,058,202
47
Amount (in mill ID)
11,896.80
4,771.66
4,174.63
3,874.52
3,799.49
3,632.36
3,579.65
3,500.00
3,263.84
1,285.59
1,285.59
1,137.95
823.08
509.96
258.62
256.69
232.95
219.76
147.81
142.55
128.36
128.36
90.17
54.58
54.00
50.92
50.92
48.24
45.85
45.85
35.77
25.88
25.84
25.84
24.63
20.80
19.55
19.55
18.49
18.16
18.16
13.44
13.02
9.93
9.77
9.77
9.23
9.23
9.23
9.23
4.96
4.96
4.96
4.96
4.96
4.65
49,865.72
716.30
50,582.02
% of Total
23.52%
9.43%
8.25%
7.66%
7.51%
7.18%
7.08%
6.92%
6.45%
2.54%
2.54%
2.25%
1.63%
1.01%
0.51%
0.51%
0.46%
0.43%
0.29%
0.28%
0.25%
0.25%
0.18%
0.11%
0.11%
0.10%
0.10%
0.10%
0.09%
0.09%
0.07%
0.05%
0.05%
0.05%
0.05%
0.04%
0.04%
0.04%
0.04%
0.04%
0.04%
0.03%
0.03%
0.02%
0.02%
0.02%
0.02%
0.02%
0.02%
0.02%
0.01%
0.01%
0.01%
0.01%
0.01%
0.01%
98.58%
1.42%
100.00%
Capital
As per the decision of the 38th Annual Meeting of the Board of Governors, the
authorized capital of the IDB was raised to ID 100 billion and its subscribed capital to ID
50 billion [ID = Islamic Dinar. Exchange rate: 1 ID = $1.54 United States Dollars].
Head Office and Regional Offices
The Bank's principal office is in Jeddah in the Kingdom of Saudi Arabia. Four regional
offices were opened in Rabat, Morocco (1994), Kuala Lumpur, Malaysia (1994), Almaty,
Kazakhstan (1997), and Dakar, Senegal (2008). It also has two country gateway offices
in Ankara (Turkey) and Jakarta (Indonesia) and field representatives in 14 member
countries (Afghanistan, Azerbaijan, Bangladesh, Burkina Faso, Guinea, Iran, Mali,
Pakistan, Sudan, Turkmenistan, Uzbekistan, Yemen, Mauritania and Libya).
Financial Year
The Bank's financial year is the lunar Hijra Year.
Language
The official language of the Bank is Arabic, but English and French are additionally used
as working languages.
In 1424H, the Bank adopted a new strategy entitled IDB Group Strategic Framework.
The Strategic Framework identified major elements of the IDB Group (ICD, ICIEC, IRTI
and IDB as a flagship) to improve efficiency and services delivery to member countries.
Under the new strategy, the IDB envisions greater cooperation and coordination among
the group members to ensure complementarity and optimum collective impact in the
member countries. To this end, the IDB has formulated its vision, mission statement
and core values, and redefined its medium term strategic objectives and priority areas
as briefly described below.
Vision
To be the leader in fostering socio-economic development in member countries and
Muslim communities in non-member countries in conformity with Shariah.
Mission
The IDB Group is committed to alleviating poverty; promoting human development;
science and technology; Islamic economics; banking and finance; and enhancing
cooperation amongst member countries, in collaboration with our development
partners.
The core values, referred to with the acronym PRIDE, are as follows:
 Performance excellence in all activities and in dealing with its clients and
partners.
 Responsiveness (responding to clients' needs with focused and forward-looking
approach based on review of performance, reflection on improvement and
resolve to offer the best)
 Integrity (demonstrating a high level of sincerity, honesty and fairness)
 Dedication in serving clients with dignity and determination supported by
creativity and initiative.
 Empowerment of staff and concerned entities with responsibility, authority and
teamwork.
48
Objectives
In this regard, the following three major strategic objectives have been identified to
drive forward the Group actions.
 Promotion of Islamic financial industry and institutions
 Poverty alleviation
 Promotion of cooperation among member countries
Priority Areas
To realize these objectives, the IDB Group will focus on the following six priority areas:
 Human development
 Agricultural development and food security
 Infrastructure development
 Intra-trade among member countries
 Private sector development
 Research and development (R & D) in Islamic economics, banking and finance
Mobilization of financial resources and quality manpower have been considered as two
critical prerequisites for successful implementation of the Strategic Framework. While
the Group will continue to strive to increase its resource base, it will also enhance the
development impact of these resources.
Adapted from: “About IDB.” Islamic Development Bank. August 2015. Accessed at: http://www.isdb.org/
irj/portal/anonymous?NavigationTarget=navurl://24de0d5f10da906da85e96ac356b7af0
49
1. What are some of the benefits that come to a country for membership in the Islamic
Development Bank?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2. What does the purpose, vision, and mission of the Islamic Development Bank mean to
you? Why do you think so?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3. In the space below, research the participation of Qatar in the Islamic Development
Bank explain and provide two examples for how membership in the Islamic
Development Bank has benefitted the country.
Qatar & the Islamic Development Bank
Example #1:
Details:
Example #2:
Details:
50
ASSIGNMENT 1.14
Market Share of Islamic Banking
Market share means the portion of a market controlled by a particular nation, company, or
product. In the graphic below, the market share of various countries is portrayed, in terms of
their market share of worldwide Islamic banking, from the year 2015.
Source: https://goldfinegreen.wikispaces.com/Islamic+Banking+System
1. When it comes to Islamic banking, the United States has a larger market share than
Saudi Arabia. Why do you think that is? Research “Islamic banking in the United States”
to find out more information.
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ASSIGNMENT 1.15
The Islamic Development Bank – Projects
The Bank extends loans to
its member countries for the
financing of infrastructural
and agricultural projects
such as roads, canals, dams,
schools, hospitals, housing,
rural development, etc. both
in the public and private
sectors, which have an
impact on the economic and
social development of the
member countries
concerned and are accorded
priority by the Governments
concerned. Such loans, in
conformity with Shari’ah are
interest-free and the Bank
recovers its administrative
expenses by levying a
service fee.
Principles of Operations
1) The Islamic Development Bank operates according to the Islamic Shari'ah principles.
Shari'ah is the set of rules derived from the Holy Quran, the authentic traditions
(Sunnah) of the Prophet (peace be upon him) and the scholarly opinions (Ijtehad)
which are based on the Holy Quran and the Sunnah. The principles of Shariah that
govern Islamic banking are the following:• Prohibition of interest (ribba) in all financial transactions, such as: ribba in debts,
ribba in sales, including forward currency deals and futures exchanges.
• Participation in profit and loss sharing, since return is not guaranteed in an Islamic
transaction.
2) The IDB does not borrow from the market and its operations are sustained by share
holders capital, retained earnings and funds generated internally through its foreign
trade and project financing operations. The IDB has no non-regional members. The
IDB is an institution established by the Ummah (Islamic Nations), for the Ummah and
operated and managed by the Ummah. The IDB finances trade and development
projects both for the public and private sectors, finances large and medium sized
projects and small enterprises in the member countries.
3) In non-member countries the IDB supports Islamic communities by providing
scholarships and training facilities. Through the Islamic Research Training Institute
(IRTI), the IDB conducts research on Islamic topics having modern day relevance. The
IDB also mobilizes technical capabilities within member countries in order to
promote exchange of expertise and experience. Science and Technology development
are in the forefront of the strategic agenda of the IDB which forms an integral part of
52
project financing. Additionally, the IDB provides merit scholarships for high
technology to scholars for pursuing doctorate programme and post-doctoral research
in centers of excellence in the world.
Projects Financing Strategy
IDB project financing is carried out with reference to the strategic framework of the IDB
Group. The fight against poverty, which is the primary objective of the IDB, requires a
multi-pronged approach. As a general rule of thumb, high and sustained economic
growth is a pre-requisite to reducing poverty, assuming that such growth is matched
with a 'fair' re-distribution of wealth and deliberate moves by governments to target the
poor segments in society. This 'targeting' may include labor-intensive growth strategies,
investment in human capital (for the poor) and safety nets for the vulnerable groups.
Studies in the Middle East and North Africa have revealed that for every 1 percent
growth in real GDP, the number of poor people declines by 4-5 percent
Against this backdrop, a project or program is deemed pro-poor if it aims to create a
critical mass of beneficiaries-cum-consumers that will, in the long run, support and
sustain the local economy (hence the direct link between economic growth and poverty
reduction). It also implies that any intervention by IDB and the international donor
community at large must occur in areas or sectors that benefits or uplifts a greater
majority of people. These 'broad-based growth approaches' are the very basis of the
Complex's sector and thematic priorities.
Considering that poverty in the majority of member countries is a rural phenomenon,
investment in the agricultural sector, in which the bulk of the population depends for its
livelihood, is an obvious target for any poverty reduction program. It's imperative that
the Bank's assistance in agriculture is targeted in high-value addition sub-sectors such
as agro-processing, irrigation and crop development, marketing and storage facilities,
micro-credit schemes etc. Agro-processing is one area that has a high value-addition
especially in Africa, and therefore, higher impact on improving the living conditions of
the most vulnerable groups in society.
In addition to agriculture, other broad-based growth sectors are health and education
(human development). Human development is a major contributor to economic growth
and well-being, as experience everywhere has shown. Taking into account the specific
needs and priorities of individual member countries, the Operations Complex will
broadly concentrate on the basic education and health care in the low-income countries,
and on research and technology in the middle and high-income countries.
Water supply, sanitation, transport and power supply fall under the thematic group of
infrastructure. It is common knowledge that infrastructure plays a multi-purpose role in
any economy as it has a direct bearing on the well-being of the population, hence its
positive contribution to poverty alleviation. Transport facilitates the movements of
goods and services within and between production and market centers, and is of great
economic significance to rural communities. Power supply offers a variety of economic
and income-generating opportunities, hence an impact on the living standards. Equally
crucial is water, which has many uses. The availability of clean and safe water for
instance, improves the health status of the population, as many diseases afflicting the
poor countries are related to unsafe, dirty and contaminated water supplies. Recently,
telecommunications has been playing a vital role in energizing several economic sectors
and benefiting various social groups in the member countries.
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Both the Ordinary capital resources OCR) and those mobilized from the market will be
utilized to finance infrastructure. A large share of the OCR will finance infrastructure
projects in low-income countries and regional groupings. Resources generated from the
market will be invested mainly in the middle-income and high-income countries. Given
the dynamism and competitiveness of the operating environment in the middle-income
and high-income countries, the Operations Complex will continuously assess the market
conditions in these countries with the view to enhance its niche and strategic position.
Human Development 'Strategies' in Low, Middle and High-Income Countries
- Primary and secondary education
- Primary health care
- Vocational and technical training
For Low-Income
Countries:
Objective:
To contribute in meeting basic needs in health and education,
and to address skill-gaps in the labor force. The three priority
areas will also contribute to achieving MDGs
- Science and technology
- Research and development (R&D)
- Higher education
For Middle and HighIncome Countries:
Objective:
To increase the technological and research capability, with
the view to improve the competitive edge of these countries
in the global market.
Project Cycle
Each project financed by IDB passes through a cycle that, with some variations, is
common to all projects. The Bank's project cycle which is to a large extent similar to that
in other development financing institutions, covers the life of a typical project from
identification of needs and priorities until the final completion of work and evaluation
of results and the Bank's role in each of them. The cycle is constituted by:
• Project Identification
• Preparation
• Appraisal/Negotiation
• Approval and Signing
• Implementation and Follow-up and
• Post-Evaluation After Completion
The Bank's role in the project cycle is performed largely by its Country Operations
Departments with the involvement of the Legal Department, the Finance Department,
the Operations Planning and Services Department, the Operations Evaluation Office and,
in certain cases, the Regional Offices and the Field Representatives.
Adapted from: “Projects.” Islamic Development Bank. August 2015. Accessed at: http://www.isdb.org/
/irj/portal/anonymous?NavigationTarget=navurl://46939b3dfc25365e8588f5ab17627ac5
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Directions: Research one of the project success stories of the Islamic Development Bank,
found on their website, under the title, “Project Success Stories.”
To find the website, do one of the following:
1) Go to isdb.org and click on “Projects” among the options at the top of the page.
Once to that page, click on “Success Stories” among the options on the left side of
the page.
2) Go to http://www.isdb.org/irj/portal/anonymous?NavigationTarget=navurl:
//96e04e455535cb530b72024cc1ce041b
Pick one of the success stories on the page, and complete the graphic organizer below.
Islamic Development Bank: Success Story
1) Which of the stories did you choose?
2) Where is the country located?
3) What was the problem?
4) What did the Islamic Development Bank
do to solve the problem?
5) Do you think this was a sustainable solution to the problem? Why or why not?
55
ASSIGNMENT 1.16
The Islamic Development Bank – Topics
IDB President Visits Guinea to launch the implementation of King Abdullah's
initiative against Ebola
Conakry, Guinea: The President of Islamic Development Bank (IDB) visits Guinea to
launch the implementation of King Abdullah’s initiative to fight Ebola at a ministerial
conference in Conakry, the capital of Guinea. During the launching, he signed US $35
million agreement with Guinea, Liberia, Sierra Leone and Mali.
The four countries were represented by various dignitaries which include Dr. Sano
Koutoub Moustapha, Minister of International Cooperation of Guinea; Mr. Amara M.
Konneh, The Minister of Finance and Development of Sierra Leone; and the
Ambassadors of Mali and Liberia in Guinea, Mr. Kassim Camara and Mme. Krubo B.
Kollie in Guinea.
During the signing of the agreements, the ministers discussed several measures that will
help in utilising the grant from the Saudi king. The issues included qualified personnel
to operate the equipments procured, and reopening of government schools that have
been closed for fear of spreading the epidemic. President Alpha Condé of Guinea
expressed his appreciation on the support provided by the Saudi king, and asked the
President of IDB to convey the gratitude of the Republic of Guinea and its people to the
Custodian of the Two Holy Mosques for his noble initiative.
The equipments procured will help in providing safe examination of schools and
university students, as well as protecting them from Ebola infections, by the grace of
Allah. This is in addition to securing other areas of mass assembly, such as airports,
railway stations, bus terminals etc. The initiative of the Custodian of the two Holy
Mosques, and administered by the IDB focuses on the following areas:
1) Providing schools and universities with thermometers and basic medical
examination equipment for the diagnosis and containment of the disease. This
will allow the reopening of schools for the current academic year and, as such,
reassure the students and their families that this disease has not been
communicated to them, Allah willing.
2) Equipping airports, railway stations, and bus terminals with thermal cameras
and medical examination equipment for diagnosis and handling of suspected
cases of infection.
3) Establishing specialized treatment centres in each of the affected countries,
which are Sierra Leone, Guinea, and Liberia, to examine suspected cases.
4) Establishing a specialized treatment centre in Mali to examine suspected patients
and deal with any case that might appear, may Allah forbid.
The initiative of the Custodian of the Two Holy Mosques also includes a contribution to
equipping treatment centres and training, improving the capacity of medical staff, as
well as raising awareness among the populations of the concerned countries, with a
view to curb the epidemic.
Adapted from: “Topics.” Islamic Development Bank. August 2015. Accessed at: http://www.isdb.org/
irj/portal/anonymous?NavigationTarget=navurl://ffe7d49007509268d54e66599075416a
56
1) Saudi Arabia and the countries of Guinea, Liberia, Sierra Leone and Mali are very
different from one another. Write a reflection on why the Islamic Development Bank,
under the leadership of Saudi Arabia, would want to contribute to the fight against
Ebola in these countries.
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ASSIGNMENT 1.17
The Organization of the Petroleum Exporting Countries
The Organization of the Petroleum
Exporting Countries (OPEC) is a
permanent, intergovernmental
Organization, created at the Baghdad
Conference on September 10–14,
1960, by Iran, Iraq, Kuwait, Saudi
Arabia and Venezuela. The five
Founding Members were later joined
by nine other Members: Qatar
(1961); Indonesia (1962) –
suspended its membership from
January 2009; Libya (1962); United
Arab Emirates (1967);
1st OPEC Conference, 10-14 September 1960, Baghdad, Iraq
Algeria (1969); Nigeria (1971);
Ecuador (1973) – suspended its
membership from December 1992October 2007; Angola (2007) and
Gabon (1975–1994). OPEC had its
headquarters in Geneva, Switzerland,
in the first five years of its existence.
This was moved to Vienna, Austria,
on September 1, 1965.
OPEC's objective is to coordinate and
unify petroleum policies among
Member Countries, in order to secure
fair and stable prices for petroleum
producers; an efficient, economic and
regular supply of petroleum to
consuming nations; and a fair return
on capital to those investing in the
industry.
OPEC Board of Governors, 3 September 1962,
Geneva, Switzerland
The 1960s
OPEC’s formation by five oilproducing developing countries in
Baghdad in September 1960
occurred at a time of transition in the
international economic and political
landscape, with extensive
decolonisation and the birth of many
7th OPEC Conference, 23-28 November 1964,
new independent states in the
Jakarta, Indonesia
developing world. The international
oil market was dominated by the “Seven Sisters” multinational companies and was
largely separate from that of the former Soviet Union (FSU) and other centrally planned
economies (CPEs). OPEC developed its collective vision, set up its objectives and
58
established its Secretariat, first in
Geneva and then, in 1965, in Vienna.
It adopted a ‘Declaratory Statement
of Petroleum Policy in Member
Countries’ in 1968, which
emphasised the inalienable right of
all countries to exercise permanent
sovereignty over their natural
resources in the interest of their
national development. Membership
grew to ten by 1969.
32nd (Extraordinary) OPEC Conference, 16–17 March 1973,
Vienna, Austria
The 1970s
OPEC rose to international
prominence during this decade, as its
Member Countries took control of
their domestic petroleum industries
and acquired a major say in the
pricing of crude oil on world markets.
On two occasions, oil prices rose
steeply in a volatile market, triggered
by the Arab oil embargo in 1973 and
the outbreak of the Iranian
Revolution in 1979. OPEC broadened
its mandate with the first Summit of 73rd (Extraordinary) OPEC Conference, 28–30 January 1985,
Heads of State and Government in
Geneva, Switzerland
Algiers in 1975, which addressed the
plight of the poorer nations and
called for a new era of cooperation in
international relations, in the
interests of world economic
development and stability. This led to
the establishment of the OPEC Fund
for International Development in
1976. Member Countries embarked
on ambitious socio-economic
development schemes. Membership
grew to 13 by 1975.
The 1980s
2nd Heads of State Summit, 26-28 September 2000,
Caracas, Venezuela
After reaching record levels early in
the decade, prices began to weaken,
before crashing in 1986, responding to a big oil glut and consumer shift away from this
hydrocarbon. OPEC’s share of the smaller oil market fell heavily and its total petroleum
revenue dropped below a third of earlier peaks, causing severe economic hardship for
many Member Countries. Prices rallied in the final part of the decade, but to around half
the levels of the early part, and OPEC’s share of newly growing world output began to
59
recover. This was supported by
OPEC introducing a group
production ceiling divided among
Member Countries and a Reference
Basket for pricing, as well as
significant progress with
OPEC/non-OPEC dialogue and
cooperation, seen as essential for
market stability and reasonable
prices. Environmental issues
emerged on the international
energy agenda.
156th OPEC Conference, 17 March 2010, Vienna, Austria
The 1990s
Prices moved less dramatically than
in the 1970s and 1980s, and timely
OPEC action reduced the market
impact of Middle East hostilities in
1990–91. But excessive volatility
and general price weakness
dominated the decade, and the
South-East Asian economic
downturn and mild Northern
Hemisphere winter of 1998–99 saw
prices back at 1986 levels. However,
a solid recovery followed in a more
integrated oil market, which was
adjusting to the post-Soviet world,
greater regionalism, globalisation,
the communications revolution and
other high-tech trends.
Breakthroughs in producerconsumer dialogue matched
continued advances in OPEC/nonOPEC relations. As the United
Nations-sponsored climate change
negotiations gathered momentum,
after the Earth Summit of 1992,
OPEC sought fairness, balance and
realism in the treatment of oil
supply. One country left OPEC,
while another suspended its
Membership.
6th OPEC International Seminar, 3-4 June 2015,
Hofburg Palace, Vienna, Austria
167th OPEC Conference, 5 June 2015, Vienna, Austria
The 2000s
An innovative OPEC oil price band mechanism helped strengthen and stabilise crude
prices in the early years of the decade. But a combination of market forces, speculation
and other factors transformed the situation in 2004, pushing up prices and increasing
60
volatility in a well-supplied crude market. Oil was used increasingly as an asset class.
Prices soared to record levels in mid-2008, before collapsing in the emerging global
financial turmoil and economic recession. OPEC became prominent in supporting the oil
sector, as part of global efforts to address the economic crisis. OPEC’s second and third
summits in Caracas and Riyadh in 2000 and 2007 established stable energy markets,
sustainable development and the environment as three guiding themes, and it adopted a
comprehensive long-term strategy in 2005. One country joined OPEC, another
reactivated its Membership and a third suspended it.
2010 until now
The global economy represented the main risk to the oil market early in the decade, as
global macroeconomic uncertainties and heightened risks surrounding the international
financial system weighed on economies. Escalating social unrest in many parts of the
world affected both supply and demand throughout the first half of the decade, although
the market remained relatively balanced. Prices were stable between 2011 and mid2014, before a combination of speculation and oversupply caused them to fall in 2014.
Trade patterns continued to shift, with demand growing further in Asian countries and
generally shrinking in the OECD. The world’s focus on multilateral environmental
matters began to sharpen, with expectations for a new UN-led climate change
agreement. OPEC continued to seek stability in the market, and looked to further
enhance its dialogue and cooperation with consumers, and non-OPEC producers.
Adapted from: “Brief History.” OPEC. August 2015. Accessed at: http://www.opec.org/opec_web/
en/about_us /24.htm
61
1. What is the objective of the Organization of the Petroleum Exporting Countries?
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2. What events occurred during the 1960s that encouraged the development of OPEC?
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3. What two events occurred during the 1970s that allowed OPEC to rise to
international prominence?
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4. What are some of the events of the 1980s and 1990s that caused oil prices to rise and
fall throughout these two decades?
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5. What are some of the actions taken by OPEC since 2000? Why do you think OPEC
took these actions?
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ASSIGNMENT 1.18
The Organization of the Petroleum Exporting Countries –
Member Countries
The Organization of the Petroleum Exporting Countries (OPEC) was founded in Baghdad,
Iraq, with the signing of an agreement in September 1960 by five countries, namely,
Islamic Republic of Iran, Iraq, Kuwait, Saudi Arabia and Venezuela. They were to
become the Founder Members of the Organization.
These countries were later joined by Qatar (1961), Indonesia (1962), Libya (1962), the
United Arab Emirates (1967), Algeria (1969), Nigeria (1971), Ecuador (1973), Gabon
(1975) and Angola (2007).
From December 1992 until October 2007, Ecuador suspended its membership. Gabon
terminated its membership in 1995. Indonesia suspended its membership effective
January 2009.
Currently, the Organization has a total of 12 Member Countries.
The OPEC Statute distinguishes between the Founder Members and Full Members those countries whose applications for membership have been accepted by the
Conference.
The Statute stipulates that “any country with a substantial net export of crude
petroleum, which has fundamentally similar interests to those of Member Countries,
may become a Full Member of the Organization, if accepted by a majority of threefourths of Full Members, including the concurring votes of all Founder Members.”
The Statute further provides for Associate Members which are those countries that do
not qualify for full membership, but are nevertheless admitted under such special
conditions as may be prescribed by the Conference.
Adapted from: “Member Countries.” OPEC. August 2015. Accessed at: http://www.opec.org/opec_web/
en/about_us/25.htm
63
Directions: Research one of the member countries of the Organization of the Petroleum
Exporting Countries, found on their website, under the title, “Member Countries.”
To find the website, do one of the following:
1) Go to opec.org and click on “About Us” among the options at the top of the page.
Once to that page, click on “Member Countries” among the options on the left
side of the page.
2) Go to http://www.opec.org/opec_web/en/about_us/25.htm
Pick one of the member countries on the page, and complete the graphic organizer
below.
The Organization of the Petroleum Exporting Countries: Member Countries
1) Which of the countries did you choose?
2) Where is the country located?
3) What is the value of their petroleum
exports?
4) What are their proven crude oil
reserves?
5) Do you think this country will be a significant member of OPEC in the near future?
Why or why not?
6) What is the country’s oil demand for
itself? Why is this significant?
7) What is the country’s own output of
refined petroleum products? Why is this
significant?
64
ASSIGNMENT 1.19
The Organization of the Petroleum Exporting Countries –
Statute
The original text of the organization’s statute was approved by the Conference in January 1961 in Caracas,
Venezuela.
CHAPTER I - Organization and Objectives
Article 1
The Organization of the Petroleum Exporting Countries (OPEC), hereinafter referred to
as “the Organization”, created as a permanent intergovernmental organization in
conformity with the Resolutions of the Conference of the Representatives of the
Governments of Iran, Iraq, Kuwait, Saudi Arabia, and Venezuela, held in Baghdad from
September 10 to 14, 1960, shall carry out its functions in accordance with the
provisions set forth hereunder.
Article 2
1. The principal aim of the Organization shall be the coordination and unification of
the petroleum policies of Member Countries and the determination of the best
means for safeguarding their interests, individually and collectively.
2. The Organization shall devise ways and means of ensuring the stabilization of
prices in international oil markets with a view to eliminating harmful and
unnecessary fluctuations.
3. Due regard shall be given at all times to the interests of the producing nations
and to the necessity of securing a steady income to the producing countries; an
efficient, economic and regular supply of petroleum to consuming nations; and a
fair return on their capital to those investing in the petroleum industry.
Article 3
The Organization shall be guided by the principle of the sovereign equality of its
Member Countries. Member Countries shall fulfill, in good faith, the obligations assumed
by them in accordance with this Statute.
Article 4
If, as a result of the application of any decision of the Organization, sanctions are
employed, directly or indirectly, by any interested company or companies against one
or more Member Countries, no other Member shall accept any offer of a beneficial
treatment, whether in the form of an increase in oil exports or in an improvement in
prices, which may be made to it by such interested company or companies with the
intention of discouraging the application of the decision of the Organization.
Article 5
The Organization shall have its Headquarters at the place the Conference decides upon.
65
Article 6
English shall be the official language of the Organization.
CHAPTER II - Membership
Article 7
1. Founder Members of the Organization are those countries which were
represented at the First Conference, held in Baghdad, and which signed the
original agreement of the establishment of the Organization.
2. Full Members shall be the Founder Members, as well as those countries whose
application for membership has been accepted by the Conference.
3. Any other country with a substantial net export of crude petroleum, which has
fundamentally similar interests to those of Member Countries, may become a
Full Member of the Organization, if accepted by a majority of three-fourths of
Full Members, including the concurrent vote of all Founder Members.
4. A net petroleum-exporting country, which does not qualify for membership, may
nevertheless be admitted as an Associate Member by the Conference under such
special conditions as may be prescribed by the Conference, if accepted by a
majority of three-fourths, including the concurrent vote of all Founder Members.
No country may be admitted to Associate Membership that does not
fundamentally have interests and aims similar to those of Member Countries.
5. Associate Members may be invited by the Conference to attend any Meeting of a
Conference, the Board of Governors or Consultative Meetings and to participate
in their deliberations without the right to vote. They are, however, fully entitled
to benefit from all general facilities of the Secretariat, including its publications
and library, as any Full Member.
6. Whenever the words “Members” or “Member Countries” occur in this Statute,
they mean a Full Member of the Organization, unless the context demonstrates to
the contrary.
Article 8
1. No Member of the Organization may withdraw from membership without giving
notice of its intention to do so to the Conference. Such notice shall take effect at
the beginning of the next calendar year after the date of its receipt by the
Conference, subject to the Member having at that time fulfilled all financial
obligations arising out of its membership.
2. In the event of any country having ceased to be a Member of the Organization, its
readmission to membership shall be made in accordance with Article 7.
Adapted from: “Our Mission.” OPEC. August 2015. Accessed at: http://www.opec.org/opec_web/
static_files_project/media/downloads/publications/OPEC_Statute.pdf
66
1. What is the aim of the Organization of the Petroleum Exporting Countries?
_____________________________________________________________________________________________________
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_____________________________________________________________________________________________________
2. Why do you think English is the official language of the OPEC? Do you believe this is a
good idea? Why or why not?
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3. What is the major qualification for membership in OPEC?
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4. The Statute of the Organization of the Petroleum Exporting Countries specifically
mentions the following: “No country may be admitted to Associate Membership which
does not fundamentally have interests and aims similar to those of Member Countries.”
Why do you think this is important?
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5. Do you think that countries should be granted readmission to OPEC once they have
left? Why or why not? Be specific in your answer.
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ASSIGNMENT 1.20
OPEC Oil Production Rises Even as Saudi Arabia Reduces
Output
Financial Times
By Anjli Raval | 11 August 2015
©AFP
The Tuba oilfield in Iraq
Saudi Arabia scaled down its oil production from record levels last month even as rival
OPEC members helped push the group’s output to the highest level since 2012.
Saudi Arabia told OPEC it produced 10.4 million barrels a day in July, down from 10.6m
b/d the month before, according to OPEC’s monthly oil market report.
The kingdom’s record production in June had sparked talk that OPEC’s largest member
would continue increasing output as it engaged in a battle for market share against
rivals.
Others had said the increase above 10m b/d in recent months had been partly driven by
a seasonal need to meet higher summer power demand and to build up stocks at new
refineries in the country.
OPEC output — led by Saudi Arabia and Iraq — has risen this summer, adding to a
global glut. Supply from US shale and other countries outside of OPEC was proving to be
more resilient than initially expected, the cartel said on Tuesday.
Brent crude dropped almost 20 per cent in July and is trading below $50 a barrel, close
to a six-year low hit in January. The international benchmark fell $1.63 to $48.78 a
barrel by afternoon trading. West Texas Intermediate, the US marker, lost $1.90 to
$43.06 a barrel, which is the lowest since March.
“This decline in oil prices came amid a sell-off in crude futures, triggered largely by
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continued oversupply at a time when incremental global demand has not followed suit,”
OPEC said in its report.
Turmoil in Greece, turbulence in Chinese equity markets and the agreement between
Iran and world powers on its nuclear programme “have all contributed to the current
bearish market conditions”, OPEC said.
OPEC production stood at 31.5m b/d in July, up 100,000 b/d from the month before and
at levels last seen in mid-2012, according to estimates by analysts and consultants
published by OPEC. Higher output came from Iraq, the UAE, Iran and Angola.
Demand for the cartel’s crude this year is forecast at only 29.2m b/d. Even so, Opec
estimates this will rise to 30.1m b/d next year.
“OPEC is not holding back,” Bjarne Schieldrop, chief commodities analyst at SEB, wrote
in a note on Tuesday. “The market does not have the same kind of optimism as it had
into February when prices rose.”
Output from producers outside of the cartel is forecast to increase 96,000 b/d this year
to 57.3m b/d, on the back of higher than expected output from producers mainly
outside of North America, OPEC said.
OPEC expects lower prices to boost global oil demand, however, forecasting it will grow
1.38m b/d this year to 92.7m b/d — about 90,000 b/d higher than last month’s
projections.
Ali al-Naimi, Saudi Arabia’s oil minister, said this year that he expected the kingdom’s
production to hover around 10m b/d unless there was greater demand for the country’s
crude.
Saudi Arabia and its Gulf allies were behind OPEC’s decision in November not to cut
production to support oil prices.
Despite the crash in oil prices creating turmoil in many OPEC producers, the cartel stuck
to its output policy at the cartel’s last meeting two months ago.
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1) Saudi Arabia is one of the most influential members of OPEC, and is a clear leader of
the international organization. Write a reflection on why OPEC, under the leadership of
Saudi Arabia, would want to maintain high oil production levels when prices for oil are
low.
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ASSIGNMENT 1.21
Unit Review, Part I
Directions: REVIEW the workbook and complete the following questions in a short
paragraph (4-5 sentences)
1. Why do some nations, like Russia, negatively critique the role of international
organizations?
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2. Does the Council of Europe actively improve the lives of Europeans? Provide
evidence in your answer.
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3. Where do you see the International Criminal Court making the most positive
difference in the world? Why? Provide evidence in your answer.
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4. Why do some nations, like the United States, refuse to join the International Criminal
Court? Do you believe that all nations should join the ICC? Why?
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5. How does the Islamic Development Bank assist with the development of its member
nations?
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6. What do you believe would be a major disadvantage for a nation in joining OPEC?
Provide evidence in your answer.
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ASSIGNMENT 1.22
Unit Review, Part II
Directions: REVIEW the workbook and complete the following questions.
1. Governments, not businesses, create international organizations to maintain global
peace and economic progress.
a) True
b) False
2. How do international organizations work to create change in the world?
a) Some, like Toyota, work to create economic opportunities for their products.
b) Some, like National Geographic, work to spread knowledge to their readers.
c) Some, like the Catholic Church, work to enhance the spirituality of their members.
d) All of the above
3. To which of the following international organizations does Russia belong?
a) G-20 & World Trade Organization
b) International Criminal Court & Council of Europe
c) Shanghai Cooperation Organization & International Criminal Court
d) None of the above
4. The Council of Europe is another name for the European Union.
a) True
b) False
5. The Council of Europe has the authority to do which of the following?
a) Create laws that all member nations must follow.
b) Promote democracy and protect human rights, with its military force, if necessary.
c) Encourage cooperation among its members on social, cultural, and scientific issues.
d) All of the above
6. What is the mission of the Council of Europe?
a) To create economic opportunities and job creation for European capitalists.
b) To protect and ensure human rights.
c) To pass laws, create policies, and create sustainable economic growth in Europe.
d) To enforce the laws of the European Union and protect human rights in Europe.
7. Where does the International Criminal Court have the right to exercise its
jurisdiction?
a) International crimes, like genocide, and national crimes, like corruption.
b) When the United Nations disagrees with the national court of a member country.
c) All crimes committed in a nation during a war, both nationally and internationally.
d) When the United Nations Security Council or individual states refer investigations to
the Court.
8. The International Criminal Court can detain and jail the people it convicts.
a) True
b) False
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9. A person who is accused of committing a crime by the International Criminal Court
can have which of the following rights?
a) The right to be presumed innocent until they are proven guilty beyond a reasonable
doubt.
b) The right to a trial, but the trial may be very slow to begin, or may take a long time.
c) The right to have a lawyer if the person can afford it.
d) The right to see the witnesses that are presented in the trial, but not the right to
question them.
10. How do non-governmental organizations help the work of the International
Criminal Court?
a) They advocate for the Court, meaning they work to increase the public’s knowledge
that people who commit very serious crimes can be punished, even if they are not
punished in their own country.
b) They monitor the Court’s actions and statements, to make sure that the Court is
staying faithful to it’s mission.
c) They publicize the work of the court, to keep global awareness of its actions.
d) All of the above
11. Which of the following is not a requirement for membership in the Islamic
Development Bank?
a) A country must be a member of the Organisation of Islamic Cooperation (OIC).
b) A country must contribute to the capital of the Bank.
c) A country must belong to the MENA (Middle East & North Africa) region.
d) A country must accept the terms and conditions of the Board of Governors of the
Islamic Development Bank.
12. When the Islamic Development Bank is considering financing a project, what must
be the primary objective of the project?
a) The fight against poverty
b) The increase of capital
c) The development of the Arab world
d) The creation of new economic markets for Islamic finance
13. Why was the Organization of the Petroleum Exporting Countries created in 1960?
a) To make sure that petroleum producing member countries create fair and stable
prices for their petroleum.
b) To make sure that petroleum producing member countries work together to create
policies that benefit all members.
c) To make sure that an efficient, economic, and regular supply of petroleum remains
available to nations around the world.
d) All of the above
14. How many countries are currently members of the Organization of the Petroleum
Exporting Countries?
a) 9
b) 12
c) 14
d) 42
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NOTES
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APPENDIX I: VOCABULARY
Unit 1 Vocabulary
Amnesty
An official pardon, or forgiveness, for people who have been
convicted of political crimes.
Humanitarian
To be concerned with or seeking to promote human happiness,
health, and well-being.
Institution
1) An established law or practice.
2) An organization created for a religious, educational,
professional, or social purpose.
An organization with an international membership, vision, or
presence.
There are two main types: non-governmental
organizations and intergovernmental organizations.
Another way of saying ‘international organization.’
International
organization
Intranational
organization
Jurisdiction
The official power to make legal decisions and judgments.
Market share
The portion of a market controlled by a particular nation,
company, or product.
Non-governmental
organization
An organization that is neither a part of a government nor a
conventional for-profit business. Usually set up by ordinary
citizens, NGOs may be funded by governments, foundations, or
private persons.
The Rome Statute of the International Criminal Court (often
referred to as the Rome Statute) is the treaty that established the
International Criminal Court (ICC). It was adopted at a
diplomatic conference in Rome on 17 July 1998 and it entered
into force on 1 July 2002.
Refers to the sense of personal identification with Europe. The
most concrete example of pan-Europeanism is the European
Union (EU)
An area or portion that is distinct from others.
Rome Statute
Pan-Europeanism
Sector
Tribunal
1) A body established to settle certain types of dispute
2) A court of justice.
Veto
The right to reject a decision or proposal made by a lawmaking
body.
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