General Assembly (Legal) MetMUNC XLIV First Topic: Hostage Crises Chairs: Amber Mirza and Prachi Udeshi A hostage is an individual who has been captured and may be killed or severely injured by a person or organization. A more serious situation can occur if a large number of people are held hostage, as happened during the Iran Hostage Crisis of 1979-1981. The Fourth Geneva Convention bans the taking of hostages, listing it as a war crime. The International Criminal Court claims any taking of hostages, whether during international or non-international violent conflicts, is also a war crime.1 The International Convention Against the Taking of Hostages, also known as the “Hostages Convention” served as a means to deal with the issue during the 1970s. Germany first proposed this convention after members of the German Embassy in Sweden were taken hostage, in addition to other hostage situations that occurred during that time period. The Geneva Convention already prohibited hostage taking, but this was the first international effort that aimed to address hostage taking under conditions aside from armed conflict. This new convention was relatively general, rather than discussing the typical hostage situations described in documents such as the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft, and the 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. The General Assembly was quick to respond to Germany’s request with the formation of the ad hoc committee that drafted and eventually passed a resolution. This resolution read: Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the “hostage”) in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage … Although this new resolution may have addressed the concerns of the 1970s, there is a need for new methods to deal with the multitude of hostage issues that continue to occur. * 1 * https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule96 * Hostage crises are clearly difficult situations to deal with. Governments and the UN must always take the lives of innocent people into account when making the delicate decisions needed to resolve such crises. One method of dealing with hostage situations is negotiating directly with the terrorists, which often includes paying ransoms, a risky deal, as hostage takers are unreliable. In the past, the United States (U.S.) has implemented strict no-ransoms, no-negotiations policies with terrorists and hostage takers. If hostage takers demanded payment for the return of the hostage, the U.S. would tell families that they could face criminal prosecution if they did pay the ransom. Because of the emergence of new terrorist groups, such as The Islamic State (IS), that are responsible for the new hostage crises cases, the U.S. has crafted a new presidential policy direction and executive order as of 2015. This order permits the U.S. government to work in collaboration with families of victims to discuss necessary information and even help communication with the hostage takers. In addition, the current American administration is in the process of forming a “fusion cell” consisting of FBI officials, The State Department, and the Pentagon that would plan emergency responses in dire situations in order to free hostages. 2 Another critical government action in response to hostage crises is the deployment of police forces. Following the Charlie Hebdo massacre in France, two hostage situations occurred in eastern Paris. In response to both situations, the French government deployed police on roofs and roads around the scene of the hostage taking. Additionally, the French Special Police Forces utilized helicopters for a full field view of the area. The French armed forces also flew over the scene. 3 NGOs, or non-governmental organizations, can play only marginal roles. An NGO created specifically to deal with hostage situations does not currently exist. Media coverage of hostage crises is often conflicting and can worsen a situation. Recently, two terrorists from a Turkish Liberation Party imprisoned Mehmet Selim Kiraz, a Turkish prosecutor. The terrorists murdered Kiraz as revenge for the death of a teen’s death during anti-government protests. Because of the stance of the terrorists, the media took different directions in covering the news, some framing the terrorist groups as moral. As a result, the 2 http://www.washingtonpost.com/news/post-politics/wp/2015/06/23/u-s-government-will-stop-tellingfamilies-of-hostages-that-they-could-face-criminal-prosecution-for-paying-ransom/ 3 http://www.businessinsider.com/hostage-situations-in-france-2015-1 Media Association, an NGO of Turkish journalists, sent out a statement urging the ban of some media sources and their coverage of the hostage crisis.4 Nippon International Cooperation for Community Development, also known as NICCO, has provided winter clothing, school supplies, and other forms of aid to Syrian refugees residing in camps in Jordan. Unfortunately, the beheadings of helpless hostages by IS extremists5 have raised criticisms that the NGO may be “overly involved” in a dangerous and deadly conflict. 6 Hostage crises do interrupt the work of NGOs coping with other austere matters. The efforts of NGOs may decline or even fail if these constant issues continue. In order to aid delegates in creating well-informed international policy to help deal with future hostage crises across the world in a variety of situations, the following summaries of infamous cases are provided. Beslan school siege (2004) Over a thousand people, approximately 700 of them children, were taken hostage by what appeared to be Chechen militants in Beslan School. Popularly referred to as “Three Days of Hell,” the attack occurred during the first three days of September.7 The attack began on “Knowledge Day”, the first day of school in which children as well as their relatives enjoyed ceremonies and activities presented by the school. Their ceremonies were abruptly interrupted when belligerents from a forest encampment in Psedakh, west of Chechnya, arrived at the school in a truck. Few people escaped before the attackers opened fire. About 300 were killed, and many others injured, including police. Over the span of the three days, the brutality and damage generated by the terrorists was inexpressible. The terrorists imprisoned more than 1000 persons, scattered explosives around the area, and barricaded exits. The terrorists utilized weapons such as explosive underwear, IEDs and tripwires. Suicide bombers wore explosive belts and strapped bombs to basketball hoops in the humid gym, where the majority of the hostages were kept. 4 http://www.dailysabah.com/nation/2015/04/03/ngo-condemns-media-on-coverage-of-hostage-crisis http://www.dailysabah.com/nation/2015/04/03/ngo-condemns-media-on-coverage-of-hostage-crisis 6 http://www.japantimes.co.jp/news/2015/01/26/national/hostage-crisis-puts-work-of-aid-groups-onnations-public-agenda/#.Vb5IhYs-BAY 5 7 http://www.cnn.com/2013/09/09/world/europe/beslan-school-siege-fast-facts/ Hostages were not permitted to eat or drink, and the insurgents threatened to kill 50 hostages for every gunman killed, deterring any method the hostages could have used to escape. The insurgents threatened to blow up the school if police entered the building. Authorities offered medicine, food, and water for the hostages, but the insurgents were obstinate in their stance. Authorities even offered to give themselves as hostages in exchange for the release of those in schools, but the terrorists refused. The Russian government did not establish contact with the hostage takers until the evening of the first day. On the second day, President Vladimir Putin made a statement while just over twenty people were freed. Authorities weren’t able to enter the school until the third day, when they were permitted to remove the deceased bodies from the building. The siege culminated when bombs exploded. The hostages rushed to escape the premises while the militants attempted to shoot at them. Unfortunately, the gymnasium roof collapsed, leading to hundreds of deaths. The Russian commandos took over the school and freed the remainder of the hostages. In 2006, the Russian parliamentary commission finally released a report on its comprehensive investigation into the massacre, blaming Chechen guerillas entirely and discharging Russian security forces from responsibility for any deaths. Chibok schoolgirls kidnapping (2014) As reported by news outlets worldwide, the terrorist group Boko Haram trespassed onto the Government Secondary School in Chibok, Nigeria in mid April. 276 schoolgirls were kidnapped by truck. The town and girls are predominantly Christian. Following the kidnapping, the United Nations Educational, Scientific and Cultural Organization (UNESCO) lead the Bring Back Our Girls campaign, including a twitter hash tag that trended in Nigeria and soon spread all around the globe to be recognized by celebrities and political figures such as Michelle Obama. This campaign spread awareness of the crisis and attracted the attention of world leaders. Boko Haram’s leader, Abubakar Shekau, created a video stating his distinguished role in the kidnapping and a threat to sell the girls as slaves. On May 2nd 2014, the terrorist group released a new video featuring about 100 of the missing girls, bragging about their conversions to Islam. They offered to release them if the Nigerian government freed other Boko Haram militants from jail. 8 Nigerian President Goodluck Jonathan discussed the crisis three weeks later on national television, desperate to return the girls to safety. In order to impede the attacks of Boko Haram, the Nigerian government has shut off cell phone service in the area where Boko Haram is working to hinder their ability to coordinate attacks. Unintentionally, this made intelligence gathering from phone calls impossible. Nigeria is currently developing infrastructure that would enable them to maintain a fleet of Cobra helicopter and improve intelligence and assault capabilities. A ceasefire was later announced between Boko Haram and Nigeria. International aid was provided when groups of military advisors, negotiators, and counselors from United Kingdom, France, and U.S. helped search for the girls. China, Israel, Canada, Iran, and the European Union have also pledged to provide assistance.9 Some of the girls are believed to have escaped; funds have been provided for these girls to return to school and receive an education. However, the issue is not put to rest, as other girls remain under the possession of Boko Haram. In fact, other women were abducted by the same terrorist group, one even claiming she was in the same house as the Chibok girls. The girls coerced into joining Boko Haram have been forced to murder people, according to three women who were kept captive. They are ordered to slit the throats of Christian men and forced to read the Qur’an, and are slashed if they refuse or read incorrectly. A recent video released by Boko Haram shows 130 of the girls reading the Qur’an. A girl who managed to escape from a Boko Haram camp discussed meeting the Chibok girls, describing some of them as brainwashed by the terrorists. It’s believed that 219 of the girls are still trapped in the brutality of Boko Haram and their tactics. Sadly, newly elected president Muhammadu Buhari is skeptical on whether it is likely these girls will be found. 8 9 http://time.com/3833024/chibok-boko-haram/ http://time.com/3833024/chibok-boko-haram/ Iran Hostage Crisis (1979) One of the most infamous hostage crises is the Iran Hostage Crisis, as it tested serious political boundaries. This crisis took place following the Iranian Islamic Revolution. During this time, the Shah of Iran was considered a tyrant by the Iranian people, due to his reforms against the traditional, established culture of Iran. He intended to modernize and westernize the country. He was also unpopular because of his relationship with the United States. The United States had a very good economic relationship with Iran because of the trade of oil in exchange for military and economic aid. Iranians did not trust the autocratic Shah because he did not give the Iranian people the reforms and changes that he had promised. Iran’s new leader encouraged the people to protest outside of the American embassy against the Americans and Israelis. On November 4th, 1979, over 500 Iranian students attacked the American Embassy and captured at least 66 diplomats and American citizens. Some of the hostages escaped due to the help of the neighboring embassies, but 52 were still held captive. The hostage takers wanted the Shah to return to Iran to be put on trial for the crimes committed against his people. U.S. President Jimmy Carter immediately took action by expelling a number of Iranians in the United States who had no part in the crime, ending all oil imports from Iran, and prioritizing the hostages lives over any other objectives. In February of the following year, Iran issued an offer in which the hostages would be released if the U.S. would apologize for any damage that occurred due to interference in the country’s political and economic affairs and promise to not get involved with future issues in Iran. President Carter rejected this offer and ordered a secret plan in order to rescue the hostages called Operation Eagle Claw. The plan backfired due to complications with the aircrafts in sandstorms and crashes. After the death of the Shah and the attack on Iran by Iraq, the Iranians became more willing to negotiate the Hostage Crisis. The hostages were eventually released on the day of President Reagan’s inauguration with the help of Algerian officials. This crisis challenged the governments of Iran and the United States; Canada, Sweden and Algeria were also involved in negotiations. In this situation, President Carter took a more aggressive approach and tried to make plans and deals that would immediately bring back the hostages. It should be stressed that each country deals with its hostage crises according to that nation’s policies and the current situation at hand. Those nations who wish to take action and retrieve any hostages or help other nations retrieve hostages should be able to coordinate and work with the international community. Those countries that do not wish to immediately take action may provide resources to the countries that may need them. The international community should also discuss any preventative measures in order to avoid these situations in the future. These measures may save many people that could possibly end up in captivity. Questions to Consider: 1. What is your state’s history of hostage crises? How did the government handle the situation? 2. Is your state currently facing threats or actions from insurgents or terrorists that threaten to take hostages? 3. What is your government’s policy towards hostage situations? Does the state tend to pay ransom, negotiate, attempt armed retrieval, refuse to negotiate, or take another stance? 4. Does your state take preventative measures against possible hostage takers? Consider these measures, and how could they be applied on an international scene? 5. Does your state take any measures to protect its citizens abroad? How does it do so? 6. How active is your government or populace in regards to providing international assistance, military and/or humanitarian? 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