GA5 (Legal Committee)

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RESEARCH REPORT BOOKLET
TURKISH INTERNATIONAL MODEL UNITED NATIONS
22ND ANNUAL SESSION
GENERAL ASSEMBLY 5
LEGAL COMMITTEE
Table of Contents
The question of stateless people ...................................................................... 2
Setting the legal boundaries of state-sponsored intelligence agencies in
cyberspace ...................................................................................................... 12
Setting recommended standards in legislation concerning civilian security
forces .................................................................................................................................................................................. 21
Works Cited .................................................................................................... 27
Research Report Booklet | General Assembly 5 | Page 1 of 31
Forum:
General Assembly 5 (Legal Committee)
Issue:
The question of stateless people
Student Officer:
Timur Gordon (Deputy Chair)
I- Introduction
Nelson Mandela once said “To deny people their human rights is to challenge their very
humanity.” As there is no doubt in the reality of what he said, it is also important to note down that in
article 15 of the Human Rights Declaration it is mentioned that every human has the right to a
nationality. With the presence of so many stateless people in the 21st century, statelessness has
become a matter that requires immediate attention. Belonging is one of the most precious sense of
safety that humans have and it is truly not fair for so many people to not have this right.
Stateless people are, quite simply put, people who do not have a nationality. Although this may
not seem like a major issue, the fact to the matter is that at least 10 million people worldwide are
stateless. Normally, people tend to have a nationality, which begs the question - how can a person not
have a nationality? Statelessness may happen due to several legal reasons, and it also has many
consequences. Being stateless prevents people from living their life the way they please, by acting as an
obstacle in every moment of their life. It prevents them from travelling, taking advantages of the social
benefits presented to them by their government, and even prevents them from receiving education.
Statelessness - briefly mentioned above - is a simple concept with extremely complicated
different aspects of itself. Although the concept itself is rather easy to understand, there is a huge
discussion on who is considered stateless and who is not. One might ask “Why is it so hard to decide
who is stateless or not, and more importantly why is it so important?” Later in this report the
complications in defining statelessness will be discussed, however there is no harm in answering the
latter question. It is important since stateless people also require protection as there are no other states
looking out for them, and regardless of our nationality, we all live in this world and share the same
human rights. Next comes the causes of statelessness and following that protecting stateless people as
mentioned earlier. Finally it is important to know what is currently being done on the issue, which brings
the subject “Eradicating Statelessness”.
II- Involved Countries and Organizations
Estonia, Latvia and Russia
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Statelessness in Estonia and Latvia continues to be a major problem, even more than 20 years after the
Soviet Union dissolution. With more than 267,000 people stateless in Latvia and 91,000 in Estonia, it is
possible to observe the after-affects of the dissolution. The reason for the high amounts of stateless
people in general is the gaps in the nationalization laws of both countries that evidently weren’t ready
for such a large change. With both Estonia and Latvia taking measures to decrease these numbers, it is
possible to say that the states take a productive stance in solving this issue. Russia has been able to deal
with the issue better and as a representative from the Russian foreign ministry has stated "The Russian
Federation has expressed concern over the unresolved problem of mass statelessness in the Baltic
region, emphasizing that disregard for international obligations by states was fraught with serious
political and social upheavals in society." Russia has also helped other states in Eastern Europe by
acquiring more than 600,000 stateless people in the region as a citizen; yet still about 225,000 stateless
people continue to live in Eastern Europe.
Cote d’Ivore
According to High Commissioner for Refugees UN Refugee Agency António Guterres, the estimates
show that around 750,000 of the world's 10 million stateless population live in West Africa, mostly in
Côte d'Ivoire. What caused such a large number of people to gain a status of statelessness? There are a
few reasons for this but the problem mainly stems from the Ivorian Law. According to the Ivorian Law,
abandoned children who fail to prove parentage may not legally become a citizen of the country.
Furthermore, the children and grandchildren of migrants who migrated to Cote d’Ivore in the mid
twentieth century, which hadn’t established residency back then, have difficulty in becoming a Ivorian
citizen today. However, despite the large number of stateless people in Cote d’Ivore, it is not correct to
assume that the Ivorian government isn’t concerned about the issue. In fact, the government has taken
many measures to combat this issue recently, both politically and legally. For example, Cote d’Ivore has
acceded to the 1954 and 1961 conventions in late 2013 and has in the past few years enhanced its
collaboration with the UNHCR; nonetheless, the Ebola crisis has caused a setback in the two parties
collaboration.
Burma / Myanmar
There are three groups of stateless people living in Burma. The Rohingya is a group of Muslims living in
Northern Rakhine. After a conflict in the region in the early 19th century, mass migration from the
region to Burma occurred; however a century later after independence, the Burmese government began
not to recognize them as Burmese nationals on the ground that The Rohingya are Bengalis. Ever since,
about 200,000 Rohingya people have migrated to Bangladesh after major conflicts (see 1977-78
Burmese military campaign); yet more than 700,000 stateless Rohingya still remain in Rakhine, and are
not considered citizens as they are not one of the 135 National races of the Myanmar Government.
The second group of people is native born non-indigenous people (mainly Indians). Although the
mentioned Indian people have been living in Burma for over 4 generations, they lack the documentation
necessary to render them eligible to become a Burmese citizen under the 1982 Burmese citizenship law,
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and most of them aren’t Indian citizens either, hence making them stateless. The third group of stateless
people in Burma are the children who were born outside of Burma. Even though these children have
Burmese parents, they are not considered a citizen of Burma either because of their parents’ legal status
when leaving the country, or due to missing birth certificates and citizenship documents of those who
were born in Thailand.
Brunei
In Brunei, the number of the stateless is given as 20,524 according to UNHCR sources. Due to lack of
legal structure in many southeast Asian countries and only 3 states being part of the 1951 Refugee
Convention, the situation is not clear. The people use marine transport to migrate, which causes a lot of
death during the process. There is a special group of around 9,000 ethnic Chinese in Brunei which are
wealthy and were given citizenship in 1984. Yet the rules to get citizenship are rather difficult (an
applicant has to reside in the country for min 25 consecutive years plus language and cultural
conditions). The government is supportive and initiated a reform in the nationality law to let stateless
people over the age of 50 to have citizenship by passing an exam.
India
India, together with Nepal and Sri Lanka (although none is a member of 1951 Convention) provides
asylum to large number of refugees. There are, at minimum 200,000 refugees and asylum-seekers living
in India. The Indian government has been supportive of the issue of statelessness by issuing long term
visas and even granting citizenship when necessary. Furthermore, The Modi government promised to
speed up visas and citizenship rights to Hindus and Sikhs escaping from jihadi persecution in Pakistan
and Afghanistan. India’s positive approach dates back to Indo-Nepal treaty which states that every
Nepali citizen has right to live and work in India. This is exceptional as no other Asian country offers this
and, for instance, China and Japan permit almost no immigration. Given the aforementioned
information, India’s citizenship laws could inspire other Asian states, which is important to keep in mind.
Kuwait
In Kuwait, there are between 80,000 and 100,000 stateless people, called Bedoun, who didn’t even have
the right to issue important documentation such as birth certificates until 2011. However recently, the
Kuwaiti Government has started taking measures to protect these stateless people. Unfortunately,
these rights are not available to everyone; in fact only the stateless people who can show
documentation prior to 1967 are issued these rights. The Kuwaiti government grants citizenship to
approximately 2000 stateless people annually and even though the improvement is rather minimal, it
could be said that the government is taking a constructive stance to overcome this issue.
Palestine
Palestine does not contain many stateless people, however there are many countries that do not
recognize Palestinian passports, rendering these citizens stateless in some nations. Knowing this, some
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Jerusalem Palestinians have applied for an Israeli citizenship but currently, the situation Palestinian
citizens face remains intact.
Dominican Republic
The history of the two nations that share the island of Hispaniola resulted in citizenship conflict for
Dominican Republic especially for people with Haitian descent who had hard time to get documents to
prove their ID.
Due to UN pressures, Dominican Republic adapted the legislation in 2014 in order to find a solution for
thousands of Dominicans (most of which are of Haitian origin). They have lost their nationality as a
result of a 2013 Constitutional Court ruling in DR where the number of stateless people is 210,000. It is
currently questioned if DR’s President Danilo Medina will take political risk to officialize the status of
Dominicans with Haitian background before the upcoming elections next year. Unfortunately, a New
York Times article states that “many Dominicans see Haitian immigrants and their children as burdens
and do not consider them compatriots.”
UNHCR
Established in 1950, UNHCR was primarily established to help refugees around the world. During the
late 1990s, the UNGA asked the agency to broaden its research regarding stateless people; and ever
since the organization has also been actively involved in the issue by collaborating with states across the
globe to assist them in their combat against statelessness and by raising awareness on the issue. For
example, UNHCR has started a campaign named #IBELONG which aims to collect more than 10 million
signatures.
European Network on Statelessness
With the assistance of non-governmental organizations (NGOs), academic initiatives and individual
experts, the European Network on Statelessness (ENS) aims to assure the necessary protection stateless
people need. The organization attempts to reach its mission by “supporting legal and policy
development and launching awareness-raising and capacity building activities.”
Institution on Statelessness and Inclusion
Institution of Statelessness and Inclusion is a pragmatic organization which has a unique expertise in the
area of statelessness. It will capitalize on the works of the Statelessness Programme which was run at
the Tilburg University from 2011 to 2014 by the founders of the Institution.
III- Focused Overview of the Issue
1) Defining Statelessness
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Article 1 of the 1954 Convention states that, “the term ‘stateless person’ means a person who is not
considered as a national by any State under the operation of its law.”
2) Major Causes of Statelessness Under a Scope
Member states in the UN are quite aware of the issue of stateless people, and hence they tend to take
measures to avoid such a thing from happening. However, there are still many stateless people around
the world; and before we attempt to tackle the issue we must have a clear idea of its causes.
Discrimination against certain groups: (http://www.refworld.org/cgibin/texis/vtx/rwmain?docid=47d685ea2)
A major cause of statelessness is discrimination against certain groups; in fact, according to
UNHCR, “the laws in 27 countries do not let women pass on their nationality, while some countries limit
citizenship to people of certain races and ethnicities.” (http://www.unhcr.org/pages/49c3646c15b.html)
As depressing as it may be, unfortunately it is true that some people do not have a nationality due to
discriminatory approaches of certain countries. For instance, Rohingya people were not given citizenship
rights as they were not considered one of Myanmar’s national races (see Burma / Myanmar under
“Involved Countries”). This problem doesn’t only exist because of the nationality laws of that country,
yet also exists as a result of historical conflicts and the discriminatory stance of the country. This
discrimination leading to statelessness can also occur in a form of obstacles. States may not have any
legal barrier blocking a certain racial group from becoming citizens however it is possible that their
applications are delayed, and many problems may occur with the paperwork, requiring additional
evidence that the person may not be able to provide.
3) Redrawing of borders and Gaps in nationality laws:
Another cause of statelessness is a change in borders, and the best way to explain this cause is by using
the Soviet Union example. The Soviet Union dissolution in 1991 caused many ex-citizens of the Soviet
Union to lose their nationality. It isn’t that the countries didn’t try hard enough; in fact the situation of
nationality was dealt with relatively successfully. What caused many of these people to lose their
nationalities was actually the new nationality laws that came with the new countries. People with
expired Soviet Union passports or without the necessary legal documents to obtain a new citizenship
were left stateless. This usually occurs when redrawing borders, and it also occurred in the Breakup of
Yugoslavia.
Gaps can and do occur in nationality laws regardless of the precautions taken. Each country has its own
custom nationality laws, and sometimes this can cause major problems. For instance, if country “A”
nationality laws require a citizen's father to be a citizen of that country, and country “B” requires a
citizen to be born in that country; a person born in country A with a father who is a citizen of country B
might become stateless, or in other words trapped in the gaps of nationality laws. What makes it worse
is that some countries actually do have similar laws to these, and when parental citizenship is a
requirement, children of a stateless person is destined to be stateless as well.
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4) Protection of Stateless People
It is critically important that we all are treated equally and have the same rights, which is why the
protection of stateless people and their rights is one of the most important topics in the question of
stateless people. According to Antonio Guterres - United Nations High Commissioner for Refugees, “the
Convention relating to the Status of Stateless Persons provides a framework for States to assist stateless
people – allowing them to live in security and dignity until their situation can be resolved.”
(http://www.unhcr.org/4ca5941c9.html) The mentioned convention is the 1954 Convention relating to
the Status of Stateless Persons, which gives rights to stateless people and contains articles such as nondiscrimination articles?. Despite the fact that the convention protects the assets and rights of stateless
people, the convention is a bit outdated and many member states still haven’t ratified it. Also it is
important to note down that the 1954 Convention does not grant stateless persons a nationality.
The convention’s protection is implemented with the help of UNHCR as the UNHCR gives “advice
regarding legislation and operational support to promote the implementation of determination
procedures and measures to ensure the rights foreseen in the Convention.” Although the 1954
Convention is not the only instrument relevant to the rights of stateless people, it remains to be the best
option as it operates under the UNHCR, which is a body of the UN. In the document presented to us by
the UNHCR named “Protecting the Rights of Stateless Persons - The 1954 Convention relating to the
Status of Stateless Persons” it also mentions how the 1954 convention is related to eradicating
statelessness, as can be found better explained beneath.
Although the issue of statelessness rests within each nation’s individual nationality laws, the
protection of these people must be achieved in the form of an international legal framework. Not every
country might be as protective of stateless people, yet it is the UN’s duty to make sure that regardless of
where these people reside, they receive the same rights and protection from their state, the kind of
rights and protection mentioned in the 1954 Convention.
5) Eradicating Statelessness
The main role of the 1954 Convention was to act as a legal framework guiding states in giving
stateless people rights and protection for the time being. The goal was always to reduce statelessness,
yet the 1954 Convention lacked on solutions for the reduction of statelessness, and hence, the 1961
Convention on Reduction of Statelessness was adopted. The 1961 Convention “provides States with
tools for avoiding and resolving cases of statelessness.” The adoption of this convention created the
solution process for people striving to get a nationality, yet unfortunately the ratification rate of this
convention is depressingly low. There is a major difference in the nature of the two conventions. They
both work as a legal framework in different aspects of the issue however the 1961 Convention does not
act as a nationality law. Instead, it guides countries and provides possible solutions that could be
achieved by changing the countries’ nationality laws. The UNHCR’s 10-year campaign
(http://www.unhcr.org/pages/53174c306.html) aims to eradicate statelessness by raising awareness,
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as the organization takes a firm stance by addressing the 1954 and 1961 Statelessness Conventions as
the solution.
Nevertheless, this definitely does not mean that ratifying both conventions is the only solution.
Even if each nation were to sign both conventions, they may not change their own methods of solving
the issue (such as the application process and the legal evidence required). Moreover, a future change in
borders would once again result in a similar way causing many people to become stateless, and
although nations might get better at tackling this issue by implementing the convention, it will continue
to exist. States may not change their discriminatory attitude toward racial groups and minorities – and
since the 1961 Convention does not serve as a unified nationality law unless the person taken into
consideration is stateless, there will still be problems due to differences in nationality laws that would
later cause statelessness.
IV- Key Vocabulary
Citizenship Law: Citizenship law, also known as nationality law, is the law specific to a country regarding
how citizenship can be acquired or lost in that country. It specifies what is necessary for one to be
eligible to become a citizen and which legal documents they must present.
Nationality: Nationality is the status of belonging to a particular nation, whether by birth or
naturalization. If a person’s nationality is “Country A”, the person is also a citizen of that country.
Stateless people do not have a nationality.
Naturalization: Naturalization is the legal act of acquiring a citizenship from a country that person is not
a citizen of. The process may involve applications that require the person applying to provide legal
documents.
Statelessness: Statelessness is the state of not having a nationality. Stateless people aren’t citizens of
any country.
Refugee: A refugee is a person who flees for refuge or safety, especially to a foreign country, as in time
of political upheaval, war, etc.
International Law: The body of law that governs the legal relations between or among states or nations.
V- Important Events & Chronology
Date
1930
1948
1948
Event
Office International Nansen pour les Réfugiés was established.
ECOSOC asks UN SG to carry out a study of statelessness.
Universal Declaration of Human Rights was adopted.
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1949
1951
1954
1961
1974
13/12/1975
1997
2014
International Law Commission included the topic of
statelessness in its list of topics of international law.
Convention relating to the Status of Refugees was adopted.
Convention relating to the Status of Stateless Persons was
adopted.
Convention on the Reduction of Statelessness was adopted.
UNHCR undertakes functions under Statelessness Reduction
Convention.
Convention on the Reduction of Statelessness enters into force.
Council of Europe’s European Convention on Nationality takes
place.
UNHCR launches 10-year campaign to eradicate statelessness by
2024.
VI- Past Resolutions and Treaties
A/RES/61/137 - Office of the United Nations High Commissioner for Refugees: Resolution adopted by
the General Assembly - Extracts relating to statelessness
http://www.unhcr.org/462dfb802.html
A/RES/59/34 - Nationality of natural persons in relation to the succession of States
http://www.unhcr.org/451940732.html
A/RES/55/153 - Nationality of natural persons in relation to the succession of States
http://www.unhcr.org/42bc068d2.html
A/RES/50/152 - Office of the United Nations High Commissioner for Refugees: Resolution adopted by
the General Assembly - Extracts relating to statelessness
http://www.unhcr.org/42bc05372.html
A/RES/49/169 - Office of the United Nations High Commissioner for Refugees: Resolution adopted by
the General Assembly - Extracts relating to statelessness
http://www.unhcr.org/42bc095a2.html
A/RES/31/36 - Question of the establishment, in accordance with the Convention on the Reduction of
Statelessness, of a body to which persons claiming the benefit of the Convention may apply
http://www.unhcr.org/42bc04ac2.html
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3274(XXIX) - Question of the establishment, in accordance with the Convention on the Reduction of
Statelessness, of a body to which persons claiming the benefit of the Convention may apply
http://www.unhcr.org/3dc8dca44.html
1954 Convention relating to the Status of Stateless Persons: The 1954 Convention is a legal framework
based on the protection and rights of stateless people. It has been only signed by 23 states and hasn’t
been that successful due to the fact that many of the countries haven’t signed the convention, however
it is one of the only sufficient instrument in solving the issue of statelessness.
http://www.unhcr.org/3bbb25729.html
1961 Convention on the Reduction of Statelessness: The 1961 Convention focusses on helping stateless
people obtain a nationality. It provides assistance to states in tackling the issue and acts as an
international framework of the nationality laws in matters concerning statelessness. It has mostly failed
to make a difference due to the lack of signatories stemming from the conventions rather “radical”
nature.
http://www.unhcr.org/3bbb286d8.html
VII- Failed Solution Attempts
As also mentioned in "Important Events", there have been a few failed solution events. Although
specific failed solutions are mentioned under involved countries, there have also been solution attempts
aimed to solve the issue as a whole.
The Convention on Reduction of Statelessness aims to reduce worldwide statelessness. Formed
in 1961, and taken into action in 1975, the convention relies on the signing and ratification of the 1951
convention and hence hasn't reached its purpose. Although the convention does provide a certain set of
guidelines about the protection of stateless persons, it lacks in finding a permanent solution. Also, there
are many states that haven't signed the convention.
In fact, we could consider all the aforementioned past resolutions as failed solution attempts
since all the problems and obstacles mentioned in the overview continue to exist. However, the
countries that have signed all the conventions have been able to reduce statelessness significantly.
VIII- Possible Solutions
As aforementioned, there are several major causes of statelessness. A different approach to
solve the problem should be made for each cause, as it is really hard to come up with a unified solution
for an issue with such a wide ambit.
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Regarding statelessness stemming from discrimination towards certain groups, here are a few
things that could be done to eliminate this threat in the future. Firstly, inspection of the application
process is crucial to avoid discrimination within the application problem. Each applicant should be
required to provide the same legal paperwork and evidence, and no certain group should be treated
differently when doing so. Another solution to help in cases which the discrimination exists within the
citizenship law of a country (ex. Burma situation), the Legal Committee might encourage certain states
to review their citizenship laws in specific ways, or states insisting on pursuing such discriminatory
actions might be required to justify their actions so that multilateral talks could take place in order to
come up with more unified solutions that would grant these groups citizenship rights.
Ratification of the Statelessness Conventions by more states would always be beneficial,
however solutions focused on the gaps present in nationality laws is essential. Actions could be taken to
identify the flaws that prevent people from gaining citizenship within their individual nationality laws,
and overall actions could be taken to ease the citizenship application process. Also preventative
measures could be taken to avoid the problems given in the “Involved Countries” section from repeating
itself in the future.
More generally, NGOs could collaborate to ensure the better implementation and ratification of
the 1954 Convention, and stateless people who have remained stateless for a certain duration could be
taken under the consideration of an organization (new/old) helping people obtain a nationality.
IX- Useful Links
http://www.nationalityforall.org
http://www.unhcr.org/pages/49c3646c15e.html
http://www.statelessness.eu
http://ispo.bravesites.com
https://en.wikipedia.org/wiki/Statelessness
http://www.institutesi.org
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Forum:
General Assembly 5 (Legal Committee)
Issue:
Setting the legal boundaries of state-sponsored intelligence agencies in
cyberspace
Student Officer:
Shreyas Gupta (Deputy Chair)
I- Introduction
The United Nations was established in 1945 with the primary goal of promoting international
cooperation and preventing future conflicts around the world following the events of World War II.
Today, the United Nations shares a similar goal of protecting the world from conflicts related to
economy, environment, or human rights. However, it must adapt to the new era of technology.
Cyberspace is the realm in which electronic communication takes place. In the past few years, nations
identified an increasing presence of cyber attacks. In 2011, the United Nations Department of Social and
Economic Affairs (DESA) called cyber security a global issue that requires a global approach: “According
to a 2011 Norton study, threats to cyberspace have increased dramatically in the past year.” The study
concluded that there are roughly “one million cybercrime victims every day.” 1 As nations begin to take
actions against such attacks, the issue of legal boundaries is raised.
Governments have been working to combat cyber attacks in the past decade, highlighting the
lack of experience nations have in this field. Defining legal boundaries in cyberspace becomes difficult,
as there are no physical boundaries such as oceans and rivers present. Also, to further complicate the
issue, in cyberspace, everything is theoretically connected “For example, it’s illegal in the U.S. to hack
into servers and steal information.”2 However, it remains legal for hackers to use a server in another
country where there is no such law, and remotely connected back into a U.S. system.
The presence of agencies such as The National Security Agency/Central Security Service
(NSA/CSS) has also been an obstacle for the process of fighting the insecurities in cyberspace. States
intelligence’ understanding of privacy has been controversial in the past years. These agencies have
1
2
"Cybersecurity: A Global Issue Demanding a Global Approach”
Vincent Berk, Dr
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been violating and exploiting both individual and governmental privacy in cyberspace thus it could be
said that there are no boundaries for these state-sponsored agencies as well.
As the number of cyber attacks continues to increase and cyberspace remains vulnerable,
international cooperation must effectively achieve defining legal boundaries in cyberspace.
II- Involved Countries and Organizations
United States of America
The United States of America has taken many steps to promote and improve security in cyber
space. It believes “that states have an inherent right to self-defense that may be triggered by certain
aggressive acts in cyberspace.” This belief is also described as being “consistent with the United Nations
Charter.”3 In 2015, the Obama administration stated that it is planning to create “a new agency to
combat the deepening threat from cyber attacks.”4 This new agency will be modeled after the National
Counterterrorism Center and will aim to use intelligence from all parts of the government in times of
crisis. Also, the United States’ understanding of the importance of a safe cyberspace is highlighted
through its 5,1 Billion dollar budget in military cyber spending. Even though the U.S. strongly believes it
has the right to act unilaterally against cyber threats, it understands that cyberspace crosses over every
nation’s borders and realize the importance of working with the international community while still
pursuing policy objectives laid out in the U.S. International Strategy for Cyberspace.
The revelations of a former CIA employee Edward Snowden can be showed as a reason why US
stays as active on this matter. Approximately one year ago Edward Snowden revealed that National
Security Agency of US is listening to customers’ phone records of many telephone companies. Not only
interfering the cyberspace of its own citizens, NSA was also spying on foreign countries and world
leaders. After the revelations of Snowden, the government’s reliability was severely questioned.
People’s Republic of China
China is one of the most prominent nations in cyberspace as it “has one of the world's fastest
growing Internet economies.”5 China is also notorious for being involved in a number of cyber attacks
against other nations such as the US and India. For example, U.S government officials claim that some
cyber attacks on their military databases originated from China. China has also recently been making
efforts towards improving national security in cyberspace. In a recent draft of their national security
laws, it mentioned that the nation must work towards establishing security systems that protect
national Internet space sovereignty, security and developmental interests. However, China’s internet
3
4
"International Strategy for Cyberspace"
Ellen Nakashima
5
Jon R. Lindsay
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censorship policies have been significantly different than other Member States’. The government’s
policy includes monitoring the Internet access of every citizen or imprisoning journalists reasoning their
writings on cyberspace. This severity causes tensions between China and other countries in the
negotiations about cyberspace policies. Overall, as China has a large presence in cyberspace, increased
security and laws governing cyberspace are needed for them.
India
In June of 2013, the Indian government published its first National Cyber Security Policy (NCSP)
as a response to an increasing number of online breaches. For example, “in June 2012, cyber attacks
were reported on the Indian Navy’s Eastern Command systems.”6 As many such attacks continue to
invade India and as the nation is one of the largest technological hubs in the world, the nation is seeking
to increase the number of laws governing the realm of cyberspace.
NATO
NATO has continuously proven to be proactive in regards to keeping up with the fast growing
world of technology. It also claims that cyber security and defense is part of its core task of collective
defense. In January of 2008, NATO approved its first cyber defense policy following the cyber attacks of
Estonia. In September 2014, NATO adopted a new enhanced policy and its action plan. This policy
“confirms that international law applies in cyberspace and intensifies NATO’s cooperation with industry”
and also says its “top priority is the protection of the communications systems owned and operated by
the Alliance.”7
8
6
Amit R. Saksena
"Cyber Security"
8
"Relatively Few Targeted Cyber Attacks"
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7
III- Focused Overview of the Issue
In this era in which there is an increasingly prominent and fast growing Internet, setting the legal
boundaries for state-sponsored intelligence agencies operating in cyberspace soon becomes important.
Also, cybercrime increasingly becomes a lucrative market. Cyber crimes that range from identity theft to
lost intellectual property are the reason why the market has exceeded a trillion dollars each year.
Everything in cyberspace is connected in one way or another, and for nations to define boundaries that
no longer can simply be drawn on a map is unfamiliar territory.
. State-sponsored intelligence agencies were formed with the premise of providing national security,
however in the past years it is seen that these agencies are misusing their powers, violating the privacy
of citizens. Telephone records are being listened, the usage of Internet is being monitored, and private
information of citizens is being accessed. This shows that the exploitation of privacy is not only made by
the cyber attacks but also made by our governments whom we trust.
1) Cyber Attacks/Crimes
Many cyber attacks in the recent decade have made clear the urgency of coming up with an
effective solution. According to Information Technology (I.T.) company, FireEye, “Cyberspace has
become a full-blown war zone” for governments around the world. Some even go to the extent of
calling these series of events/attacks the next World War (World War C). First, by 1999, the U.S.
Department of Energy believed that China posed a threat to U.S. nuclear security via cyber espionage
and by 2009, China reportedly had stolen the plans for the most advanced U.S. fighter jet. Secondly, in
2007 a series of cyber attacks began on the websites of Estonian parliament, ministries, and newspapers
and the government was affected severely. Next, in 2013, cybercriminals in India participated in
“Operation Hangover,” a large-scale state-sponsored cyber espionage campaign that infiltrated many
Pakistani industries. In 2010, the U.S. Federal Bureau of Investigation arrested and deported a Russian
intelligence agent named Alexey Karetnikov, who had been operating under a false identity as a
software tester at Microsoft.9 Also in 2010, a group named the ‘Iranian Cyber Army’ disturbed the
Chinese search engine Baidu by placing a political message on the site.
Below is a graph of the number of cyber attacks originating from China in recent years.
10
2) International Cooperation
Cyberspace is largely an ungoverned space that many nations have already taken advantage of
and exploited. Cyber attacks have proven to be an effective method and versatile tool for nations to
9
Kenneth Geers
Dixon, Mark
10
Research Report Booklet | General Assembly 5 | Page 15 of 31
gather intelligence. They have also proven capable of being adaptive to many unique situations. As
nations “are no more likely to renounce cyberattack than they are firearms,” a global approach must be
made.11 Simply put, no one nation is capable of coming up with an effective governing system for the
endless reaches of cyberspace Some experts say that strategic stability, a concept from the Cold War,
however, could prove effective in this field (See Definition below).
IV- Key Vocabulary
Strategic Stability: A situation where opposing sides understand that there is no advantage of attacking
one another.
Cyberspace: The abstract environment in which communication over computer networks occurs. This
space is continuously growing and is subject to change at any given time.
Cyber attacks: An offensive technique used by individuals or groups that target computer systems,
networks, and any information stored digitally.
11
James A. Lewis
Research Report Booklet | General Assembly 5 | Page 16 of 31
12
V- Important Events & Chronology
Date
1982
November 23, 2001
2003
November 2003
May 2007
2008
12
Event
National security officials in the United States launched one of
the world's first cyber attacks on another country: the Soviet
Union.
Budapest Convention on Cybercrime was signed
The amount of information created by computers, cameras and
other data systems surpassed the amount of all the information
ever created in human history.
Hackers supported by China successfully attacked military and
government systems in the United States.
During a conflict between Estonia and Russia, hackers launched
massive attacks on Estonian government agencies, banks, and
other divisions. Officials call this event one of the first
occurrences of cyber warfare.
Cyberspace had more devices connected to it than the number
of people on Earth for the first time. An estimated 12.5 billion
devices were connected in 2010 and according to a researcher
at Cisco, a predicted 50 billion in 2020.
"June 2012 Cyber Attacks Statistics"
Research Report Booklet | General Assembly 5 | Page 17 of 31
2012
2013
2014
July 2015
NATO reportedly had been the victim of over 2,500 significant
cyber attacks even though none had broken through its
defenses.
Resolution 68/243 was unanimously adopted by UN General
Assembly
State Sponsored Russian hacker group linked to attacks on
Georgia, the Caucasus, eastern Europe, and NATO.
New York Stock Exchange and United Airlines shutdown
potentially linked to state-sponsored cyber attack
VI- Past Resolutions and Treaties
The U.N. General Assembly adopted resolution on December 27, 2013 (68/243)
In essence, this resolution aims to provide a foundation for further “developments in the field of
information and telecommunications in the context of international security.” Although this resolution
does not specify a system or law for governing the realm of cyberspace, it highlights the member states’
awareness and readiness to act as this resolution was adopted unanimously. Also, this resolution
identifies the importance of preserving the “free flow of information” while still promoting member
states to further consider “existing and potential threats in the field of information security.”13
(Link to Resolution: http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/68/243)
Budapest Convention on Cybercrime signed November 23, 2001
This convention was the first treaty to address the growing issue of cyber crimes by fostering
international unity and cooperation. Even though the Council of Europe drew up this plan, it was also
ratified by nations such as the United States of America, Japan and Australia. This plan mainly sought to
create an international legislature that would govern illegal online activities by integrating national laws
already present. Overall, this convention was an essential predecessor to creating legal boundaries for
state-sponsored cyber activities as it capitalizes the importance of unifying the international community
and incorporating already existing national laws to form an effective national law.
(Link to Convention:
http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?CL=ENG&NT=185)
13
"Resolution 68/243"
Research Report Booklet | General Assembly 5 | Page 18 of 31
14
VIII- Possible Solutions
While creating legislation in regards to this topic may appear simple, it is important for delegates
to understand the true challenge of creating legislation that both solves the issue at hand but still
protects member states’ interests. It is essential for delegates to ensure member states’ commitment to
setting these legal boundaries and their willingness to observe such protocols and guidelines.
An interesting approach to this conflict would be to create guidelines that each country’s
government would adhere to if cyber attacks were traced back to mentioned country. Instead of using
up all available resources on the prevention of these cyber crimes, these guidelines would simply act as
a deterrence for such attacks. Also, resources could then be used for identifying where the attacks
originated from as preventing all such attacks would quickly be proven difficult.
Lastly, even though this is a relatively new and emerging issue for the international community,
delegates are urged to work towards a long-term solution rather than a short-term solution. Also, if
these delegates were to decide that the creation of a sub-committee is needed, delegates should
understand that such a committee must only be used if its absolutely necessary and with the support of
most, if not all member states. Simply ensure the interest of less developed / smaller nations is also kept
in mind as some officials have stated that these under developed nations are not as capable of
defending themselves from cyber attacks as larger countries are.
IX- Useful Links
14
Jim Giles
Research Report Booklet | General Assembly 5 | Page 19 of 31

http://www.defense.gov/home/features/2015/0415_cyber-strategy/

https://www.law.georgetown.edu/library/research/guides/cyberspace.cfm

https://www.fireeye.com/resources/pdfs/fireeye-wwc-report.pdf

http://www.nextgov.com/technology-news/2014/09/why-dont-have-meaningfulcybersecurity-legislation/94349/

http://www.zurichna.com/zna/media/news-releases/current-releases/globalcyber-governance.htm
 http://csis.org/files/publication/130208_Lewis_ConflictCyberspace_Web.pdf
Research Report Booklet | General Assembly 5 | Page 20 of 31
Committee:
GA 5 – Legal Committee
Issue:
Setting recommended standards in legislation concerning civilian security forces
Student Officer:
Dogus Mordeniz (President)
I- Introduction
Civilian security forces are mainly police officers, who are legally responsible for the duties of
peacekeeping, protecting people and their property, and make the society feel safe and protected.
General rules and procedures dictate the police officers’ responsibilities and rights on-duty. In major legal
systems of the Western world, police officers maintain order by controlling the public, discouraging crime
and responding to emergencies.
In the last few decades, police officers have been known to abuse their power in political events.
In certain cases, police have turned a blind eye to murder and/or homicide, commonly against minorities.
Abuse of power leads to low trust levels of law enforcement, as police authorities are rarely charged for
their crimes. In dictated, corrupt or weak states, authorities are merely forced to exercise acts of force to
preserve their own safety.
Individual authorities, or whole units, can be authorized to use force, where criminals have no
respect for laws and officers. Police can use their force in a quite strong way, especially when lifethreatening situations occur, threatening their own well being. Force is often exaggerated to de-escalate
intense and aggressive situations.
II- Involved Countries and Organizations
China
In the past decade, China has been the site of many grand political protests. Groups such as
Falun Gong have caused great upheaval for the government in this past decade. Riot police who –
according to journalists – have harassed citizens while splitting most of these protests up. Media
suppression has intensified which eventually caused more violence in the towns of China that are also
suppressed by policemen disguised as ordinary citizens. Political stability has been maintained by
censorship so far, but the abuse of power by the police in the country has lead to further instability and
lack of trust in both the government, and in the civil forces.
Russia
Following Vladimir Putin’s reelection as president, Russian protests have gained momentum, and
therefore, the media’s attention. Most of this attention was specifically on the national security forces
Research Report Booklet | General Assembly 5 | Page 21 of 31
inflicting violence on citizens and protestors. Many countries condemned the Russian government after
videos of the violence were released on several times. Prime Minister Dmitry Medvedev has initiated
reforms of the police force, in an attempt to minimize the violence. He fired the Moscow police chief
and centralized police powers. Allegedly, police divisions in Russia are often based on loyalty systems
that favor people in line with the current government or president, rather than purely performing their
jobs correctly.
Turkey
Turkey has a history of police brutality, including the use of torture, which was observed
especially between 1977 and 2002. Police brutality featuring excessive use of tear gas (including
targeting protestors with tear gas canisters), pepper spray and water cannons as well as physical
violence against protestors has been seen. An example for this would be in the suppression of Kurdish
protests and May Day demonstrations. Another recent event that Turkey had faced was the Gezi events,
where a peaceful environmentalist protest had turned into a nation-wide uproar against the
disproportionate use of force by the police forces.
United States of America
In the United States, most of the political and social protests have been caused by the following reasons:
excessive force by police – including the civil rights movement of the 1960s – anti-war demonstrations,
the War on Drugs, and the Global War on Terrorism. In 2014, the UN Committee against Torture
released a report condemning the disproportionate use of force used by police forces, and pointed out
that in the US, there were "frequent and recurrent police shootings or fatal pursuits of unarmed black
individuals.”
The National Police Accountability Project
The National Police Accountability Project (NPAP) is a non-profit organization made up of the
international community workers (plaintiff's lawyers, law students and legal workers etc.) committed to
ending police abuse of power through coordinated legal action, public education, and support for
victims' organizations combating police misbehavior.
III- Focused Overview of the Issue
Societies grant members of law, extreme powers over citizens in order to enable peacekeeping
and to preserve the social order. There is great deal of freedom granted to law enforcement and police
authorities regarding which laws to enforce, when and against whom. The many options presented lead
to the abuse of power. Certain officers act as if they are the creators of laws themselves, instead of
being its enforcers.
A main issue is the systematic resistance against prosecuting authorities. If a victim decides to
file a criminal complaint against an officer, the police and state must be convinced to pursue the
complaint. It must be conveyed that the officer has exploited his professional status and power to
empower the victim.
Research Report Booklet | General Assembly 5 | Page 22 of 31
Police authorities have access to local, state and national databases, including various personal
data. Officers are permitted to access these files, but the confidentiality policy must be maintained.
However, police authorities have abused the information in countless ways, abusing and harassing the
victim and his/her social circle in many ways.
Power within the criminal justice system is another privilege of being a police authority. Officers
work within the dispatch system, have contacts with social service providers and every other credible
member of the criminal justice and social service systems. Police officers establish relationships with
dispatchers, and officers from jurisdictions, on a first-name basis. Although the close relationships
enhance the efficiency of the work environment at certain times, they are occasionally abused for unjust
advantages of the officers’ acquaintances and for the benefits of the authorities.
Police authorities also have training in using the force continuum. This is to bring the resistive
person to rest without injury, avoiding excess pain. If resistance persists, the officer may escalate the
techniques to rather lethal forces. Physical abuse of power occurs once police authorities do not
attempt using rather gentle means to bring the resistive person to rest, and chose to apply physical
strength directly. Examples of authorities exceeding the necessary physical force have been repeatedly
occurring in protests recently in locations such as, but not limited to, Turkey, Hong Kong, Venezuela and
Ferguson (US).
1) Events of the misuse of authority
Venezuela Protests
Beginning in early February 2014, the protests were located in the western states of Táchira and
Merida, when students demanded increased security, following the killing of a fourteen-year-old boy by
the policemen. The protests took a violent turn when the shooting of three people stimulated the
protesters. Students used rocks to attack the police who sought to control the demonstrations. The
growing protests resulted in over three thousand arrests and forty-three deaths including the supports
and opponents of the government. Although the protests were peaceful at first, consisting of sit-ins and
hunger strikes, the opposing sides roused each other, leading to exaggerated police actions such as
firearms and extreme barricades harming the innocent.
Ferguson Events
Recent events and protests in Ferguson grew into a global protest, supported by many western
countries. The trigger to the entire chain of events was the fatal shooting of an unarmed black teenager
in a suburban neighborhood on the 9th of August 2014. The collision of race and law enforcement
caused the shooting of the teenager. The exploitation of police authority caused great caucus and led to
chaos, as the officer had abused authority and needlessly murdered, justifying his actions with his
authority.
Gezi Events
Gezi Park Protests in Turkey began on May 28th, 2013. Sparked by an outrage at the plan to turn
the central Gezi Park in Istanbul into a shopping mall, initially the protests were calm and harmless to
the surroundings. Bothered by the demonstrations, the police began interrupting the demonstrators
using various substances such as tear gas, water cannons, and even illegal chemicals such as Agent
Research Report Booklet | General Assembly 5 | Page 23 of 31
Orange. As the police provoked demonstrators, the protests grew to become nation-wide, and later a
global uprising. The police authorities began arresting individuals that defended themselves against
authorities using physical strength. Excessive use of force by police resulted in about 12 deaths, 8000
injuries and more than 3000 arrests. Not only were the demonstrators harmed physically, but also the
passer-by citizens were harmed by the outrage of the police authorities. The horrific occasions of police
attacks were censored through the media, by abusing authorities.
Umbrella Movement
Protests in Hong Kong began in September of 2014, after the Standing Committee of the
National People’s Congress of China announced its decision on reforming Hong Kong’s electoral system.
As a reaction to the decisions of the committee, the public began demonstrations outside the Hong
Kong Government headquarters, which was eventually called the Umbrella Movement. Occupying
several major cities and later other countries, the growing protests were interfered by the police
authorities attacking the crowd using tear gas and other varying police tactics. Approximately 41
persons were injured during the attacks.
2) Manipulation of police forces by political groups
In some member states, police forces have been open to manipulation by political groups for years. It is
a common form of corruption as it is done through political beliefs or bribery. The public's focus shifts
from the actual reason of the demonstration to police abuse, and thus the conflict deepens. If a certain
political group or organization is considered to be threatening by a political group that is related to the
police, they can be subject to intense police intervention. Because political leaders in power cannot
individually call out minorities or groups they do not agree with, they use the police force to prove their
points but they remain in the background. The police forces being close with a political group also allows
them to use excessive force often without being prosecuted for it. The police force, who should be a
symbol of protection for the public, is then perceived as an estranged military force which is a common
public enemy. Through this process the police have evolved into a group open to corruption and
manipulation which attracts the attention of the public because of obvious favoritism.
IV- Key Vocabulary
Police Authorities: A board of members consisting of local counselors and independent members,
chosen individually to serve particularly in that role.
Law Enforcement: Any system by which certain citizens act in an organized manner to enforce the law
by punishing, warning and rehabilitating persons who violate the laws governing the society.
Criminal Justice System: A set of agencies and processes established by the government to maintain
peace, regulate crime and impose penalties on violations of the law and governed norms.
Department of Peacekeeping Operations (DPKO): A foundation dedicated to assisting the Member
States of the United Nations and the Secretary General in their efforts to maintain international peace
and security.
Research Report Booklet | General Assembly 5 | Page 24 of 31
V- Important Events & Chronology
Date
Event
1960
The United Nations first deployed police authorities to the
United Nations Operation in the Congo (ONUC)
1964
The first component of police was established to the United
Nations Peacekeeping Force in Cyprus (UNFICYP), where UN
Police still serves today.
1989
With the end of the Cold War, the number of United Nations
peacekeeping operations increased and United Nations Police
components were deployed in several states.
1994
1677 United Nations Police worked in peacekeeping operations.
The UN Police was referred to as the Civilian Police or CIVPOL.
1999
The first Police Unit was formed by the United Nations in the UN
Mission in Kosovo (UNMIK)
2005
The name of CIVPOL was changed to United Nations Police
2006
UN Member States approved the UN Standing Police Capacity.
2007
The first all-female Police Unit was formed in India and was sent
to the UN Mission in Liberia (UNMIL)
The United Nations Police Department had more than 11
thousand Police Officers, from more than 100 countries.
2009
2010
Later in 2009, the United Nations launched its Global Effort to
increase the number of female police officers in both national
and international services.
The United Nations Police Department consists of more than
17500 Police Officers.
VI- Past Resolutions and Treaties
Research Report Booklet | General Assembly 5 | Page 25 of 31
In 1993, a Civilian Police Unit was established inside the Department of Peacekeeping
Operations (DPKO). Seven years later, the Brahimi Report was issued, recommending that police work
together in coordination. Also in 2000, the Police Division was established and in 2007 became a part of
the DPKO Office of Rule Law and Security Institutions.
The United Nations Police has become more significant over the last decade. It has tripled the
number of authorized policemen to more than 17,500. UN Police has become more multi dimensional,
mandating to the safeguard law and facilitating the domestic police service.
The Police Division is entitled to help to restructuring national police services and to support the
UN Department of Political Affairs in its special political missions: United Nations Integrated Office in
Burundi (BINUB), United Nations Integrated Peace building Office in Guinea-Bissau (UNIOGBIS), United
Nations Integrated Peacebuilding Office in Sierra Leone (UNIPSIL) and United Nations Political Office for
Somalia (UNPOS).
The United Nations Police Division is undertaking the policy and guidance development by
creating policies and providing guidance, alongside defining the parameters of international police
peacekeeping. They are strengthening the Police Division’s resources and enhancing the strategic
planning abilities. UN Police Division is also improving the recruiting, deploy and rotation of high quality
Police staff in missions; yet, the number of female officers working for the UN Police service is
increasing.
The United Nations Police is attempting to increase the effectiveness of the operational support
provided by the Standing Police Capacity. Besides, it is strengthening its responses to sexual and gender
based violence, guiding to assist police officers. Moreover, the department is leading the area of
international policing, leading global partnerships and regional cooperation.
VII- Failed Solution Attempts
The Brahimi Report: UNGA (2000) major study on improving United Nations’ peacekeeping operations.
Report of the Secretary-General on "Securing peace and development: the role of the United Nations in
supporting security sector reform" [A/62/659] (23 January 2008)
Report of the Secretary-General on "Uniting our strengths: Enhancing United Nations support for the
rule of law" [A/61/636] (14 December 2006)
Report of the High-level Panel on Threats, Challenges and Change on "A more secure world: our shared
responsibility" [A/59/565] of December 2004
VIII- Possible Solutions
The United Nations Police Department should be further expanded to an even more diverse
community. Becoming available to more member states, the UN Police Department should evolve into a
global foundation of policemen, supporting the peacekeeping of a maximum number of States.
Research Report Booklet | General Assembly 5 | Page 26 of 31
An international community for all willing Policemen could be founded, where Policemen can be
individually certified by the United Nations Police Department upon application for certification.
Certification will allow Chief Officers to identify the quality of the Police Authorities at work and will
distinguish standards for future employees.
The UN Police Department should spread the appropriate characteristics and norms for being a Police
Authority. Individual or local Police Departments that are approved by the standards of the UN Police
Department should be certified specially. The outlined principles and boundaries for Police Authorities
ought to be spread within the modern communities.
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<http://securityaffairs.co/wordpress/22952/cyber-warfare-2/5-billion-military-cyberspending.html>.
"Relatively Few Targeted Cyber Attacks." OAfrica. 20 June 2012. Web. 16 June 2015.
<http://www.oafrica.com/statistics/few-cyber-attacks-originated-from-african-ips-in2011/>.
"Resolution 68/243." UN News Center. 9 Jan. 2014. Web. 16 June 2015.
<http://www.un.org/ga/search/view_doc.asp?symbol=A%2FRES%2F68%2F243>.
Saksena, Amit R. "India Scrambles on Cyber Security." The Diplomat. 18 June 2014. Web. 14 June
2015. <http://thediplomat.com/2014/06/india-scrambles-on-cyber-security/>.
Vincent Berk, Dr, "This Is Why We Don't Have Meaningful Cybersecurity Legislation Yet,"
Nextgov, September 18, 2014.
Issue 3
"The Misuse of Police Powers." Misuse of Police Powers: Police Officer Involved Domestic Violence. Web.
Feb. 2015. <http://www.abuseofpower.info/Article_MisusePower.htm>.
"Here's What You Need to Know About the Killing of an Unarmed Black Teen in Ferguson, Missouri."
Boston.com. The New York Times. Web. Feb. 2015.
<http://www.boston.com/news/nation/2014/08/12/here-what-you-need-know-about-thekilling-unarmed-black-teen-ferguson-missouri/pvg7UchZjFH52zABZzsubP/story.html>.
"Occupy Gezi: A Summary of the Origins and Development of the Protests." Conflict Antiquities. 13 June
2013. Web. Feb. 2015. <https://conflictantiquities.wordpress.com/2013/06/13/turkey-occupygezi/>.
"Hong Kong Protests." Hong Kong Protests: In Depth News, Commentary and Analysis from the Financial
Times. Web. Feb. 2015. <http://www.ft.com/intl/indepth/hong-kong-protests>.
"Protests Heat up in Already Tense Venezuela following Teen's Death." Web. Feb. 2015.
<http://latino.foxnews.com/latino/news/2015/02/25/protests-heat-up-in-already-tensevenezuela-following-teen-death/>.
"Police Division. United Nations Police." UN News Center. UN. Web. Feb. 2015.
<http://www.un.org/en/peacekeeping/sites/police/division.shtml>.
"History of United Nations Police. United Nations Police." UN News Center. UN. Web. Feb. 2015.
<http://www.un.org/en/peacekeeping/sites/police/history.shtml>.
Research Report Booklet | General Assembly 5 | Page 30 of 31
"Reports. United Nations Peacekeeping." UN News Center. UN. Web. Feb. 2015.
<http://www.un.org/en/peacekeeping/resources/reports.shtml>.
Research Report Booklet | General Assembly 5 | Page 31 of 31
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