VolMUN II February 17th- 19th, 2017 Disarmament and International Security Topic Guides The Disarmament and National Security Committee VOLMUN 2017 Delegates, Welcome to the 2017 University of Tennessee Model United Nations! My co-chair and I are very excited to have you in the Disarmament and National Security Committee (DISEC). As your chairs, we want to make sure that your weekend runs smoothly as possible, so if you have any questions please don’t hesitate to ask us. We understand that parliamentary procedure can get heavy at times, but don’t let it hinder you from participating in debate! The best way to become an experienced delegate (and hopefully win an award) is to participate, even if you make mistakes. We chose these topics in hopes of generating great debate among the represented Member States. Your position in DISEC means that you will be representing your Member State in matters that concern global security and peace. You will address threats that States must control before it escalates into a security crisis. Alongside the rest of the international community, you will represent the interests and national security of your Member State to produce resolutions that coincide with your position. See you in committee! Annalise Burkhart, Chair Nash Binkley, Co-Chair Committee Background The Disarmament and Security Committee (DISEC) is the First Committee of the United Nations General Assembly (GA). The General Assembly exercises representation from every Member State, and serves as the main body for the organization. The General Assembly, which DISEC falls under, was established in Chapter IV of the United Nations Charter. Article IV states that “the General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armament.” This specific committee addresses disarmament, global challenges, and threats to peace that affect the international community. The first resolution of DISEC was produced in 1946 to address the security implications of the discovery of atomic energy. The committee aims to produce solutions to problems within the international security regime. DISEC works with the United Nations Disarmament Commission and the Geneva-based Conference on Disarmament. The First Committee on Disarmament and International Security convenes every year in October for a four to five-week session, taking place following the General Assembly General Debate. All Member States of the United Nations are invited to attend the session. TOPIC A: Cybersecurity The development of information and communication technologies (ICTs) has led to an increase of borderless exchange and threat of a cyberattack. The underdeveloped response to this issue is most crucial in the coming years due to the speed at which technology is being developed. Cyberwarfare has become a major threat to the infrastructure of countries, and poses a great risk to States with sensitive information that is vulnerable to a cyberattack. The international community must reach a consensus on how to reduce the risks of a cyberattack, referring to international law to prevent the destabilization of state relations in cyberspace. States have been developing their ICTs for military purposes. The use of ICTs in conflicts will become inevitable unless Member States establish guidelines for governments to follow. The targeting of critical infrastructure and information systems of a State is the most harmful threat regarding ICTs that a country could face. States are not just exclusively utilizing this ICT technology; organized crime comprised of non-state actors has used ICTs to recruit, finance, train, and carry out attacks. Their exercise of these systems must be controlled, or the security of the international community could be at risk. The Budapest Convention on Cybercrime was the first international treaty that addressed the issue of cybersecurity. While it did not address current issues such as attacks on the critical infrastructure and security apparatuses of a State, it did address copyright infringements, child pornography, and minor violations of network security. The legislation aimed to set a common ground for criminal policy that all States could adopt. States would have certain powers to pursue prosecution of criminals that committed offenses in cyberspace. States would be able to intercept and seize data depending on the crime. The procedural law outlined in the Budapest Convention has continued to serve as an outline for the criminal investigations and proceedings of cybercrime. In a 2011 study conducted by Norton security, threats to cyberspace increased dramatically in the previous year, affecting 431 million adult victims globally, with at least a million people become victims of cybercrime every day. Since then, technology has advanced considerably, inevitably increasing this number. Currently, the United Nations has established a group of Government Experts on the Developments in the Field of Information and Telecommunications in the Context of International Security (GGE), that convenes in New York to debate over the application of international law to cyberspace. They also analyze how ICT infrastructure is used by states and non-state actors. In 2013, the Law of Armed Conflict and the United Nations Charter were recognized as legal framework that would be applied to state actions in cyberspace. According to a study conducted by the UN Institute for Disarmament Research, over 40 Member States have developed military capabilities through ICTs, and twelve of these Member States have developed capabilities for offensive cyberwarfare. Thus, legislation must be broadened to secure cyberspace and define what actions can be taken by States that are appropriate in regards to international law. Cyberspace does fall under international law, and States must engage in transparency and security building measures. The United Nations has tried to emphasize the importance of international cooperation and information sharing to make ICT infrastructure more secure. The United Nations must clarify international law and expand the legal framework to encompass state behavior in cyberspace. There are some factors that hinder the development of ICTs to counter cyberwarfare attacks. Many developing countries lack the infrastructure to combat cyberwarfare attacks. This lack of security in developing countries poses a global threat to cybersecurity, as these ICTs are particularly vulnerable to attack. The measures taken to secure these systems must be congruent with the values and principles of international law. It has been acknowledged that partnership between developed and developing states must be established, including information sharing, to prevent “safe havens” where criminals can utilize legal loopholes and weak infrastructure to perpetrate cyberwarfare. States with developed ICTs are able to carry out attacks on the control systems of critical infrastructure of other states. With the lack of clarification on the rules that govern state behavior in cyberspace, the risk of cyberattacks between states has increased. State behavior regarding cyberwarfare and capabilities of performing cyberattacks must be clarified to prevent global security threats. The vulnerabilities to cybersecurity have been recognized by the United Nations. Cyberwarfare is challenging to combat due to the speed of cybercrime and the difficulty in attributing responsibility to a particular perpetrator. Proxies have been utilized to hinder the process of determining the source of cyberattacks. States have been encouraged to assess their own infrastructure to determine vulnerabilities, and develop personalized strategies and policies while engaging in information sharing and partnering with developing nations to configure the best practices for combatting cyberattacks. International cooperation on the issue must grow, with an emphasis on the construction of a network of governments, private businesses, regional and subregional organizations in civil society. Ban Ki-Moon appointed a group of 15 experts on the topic of cyberspace from the members of the UN Security Council plus Argentina, Australia, Belarus, Canada, Egypt, Estonia, Germany, India, Indonesia, and Japan. These experts were tasked with developing multilateral efforts to address the threat of cyberwarfare. The need to establish “norms, rules, or principles of responsible behavior of States” was emphasized. An objective that has been common in the majority of UN legislation on the topic includes the identification of voluntary measures that States could take to secure their ICT environment, and influence other surrounding States to adopt the same measures. Voluntary, non-binding norms of ICT use would help reduce threats to international peace. Certain States, including China, Kazakhstan, Kyrgyzstan, the Russian Federation, Tajikistan, and Uzbekistan have pushed for an international code of conduct on information security to be passed though, which would not be voluntary. In 2015, the United Nations Group of Governmental Experts (GGE) released a report entitled “Developments in the Field of Information and Telecommunications in the Context of International Security” (A/70/172). This report warns against the utilization of ICTs to attack critical infrastructure or disrupt the information systems of emergency services. States should monitor their territories to ensure that cyberattacks are not being carried out. States should also monitor their cyberspace for any form of attack that could hinder the privacy and freedom of expression of the people. States are urged to adhere to Human Rights Council resolutions 20/8 and 26/13 and General Assembly resolutions 68/167 and 69/166 which address the right to privacy in the digital age with the guarantee of human rights even in cyberspace. The first bilateral agreement on confidence building measures (urged by the United Nations) in cyberspace was conducted by President Barack Obama of the United States and President Vladimir Putin of the Russian Federation. The topics of information exchange and crisis communication were addresses, and three types of cyber specific crisis communication channels were created. A channel between computer emergency response teams (CERTs) to address malware originating from each country, a channel between nuclear risk reduction centers to identify cyberattacks that could destabilize national security, and a telephone hotline between the White House and the Kremlin for the purpose of addressing cyberattacks were established. These measures are examples of confidence building measures that States could establish to ensure accountability in the global sphere over cyberspace. TOPIC B: Combating arms trafficking to non-state actors/regulation of small arms Small arms and light weapons have become the weapons of choice for insurgency groups, terrorist, warlords, and crime syndicates in diverse regions of the world. Small arms are defined by the United Nations as weapons designed for individual use, including inter alia, revolvers, selfloading pistols, rifles, sub-machine guns, assault rifles, and light machine guns. Light weapons are considered to be weapons designed for use by two or three persons serving as a crew, though some may be carried and used by a single person. Light weapons can include heavy machine guns, handheld under-barrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rock systems, portable launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100 millimeters. Countries that have been particularly affected by illicit arms trafficking include Afghanistan, Colombia, the Democratic Republic of the Congo, and Iraq. Illicit arms trade refers to the trade of weapons that violates international and/or national laws. Small arms contribute to the rise of armed crime and domestic violence in the developed world, as well as the developing world. Unfortunately, more developing countries also face the utilization of illicit arms by terrorist and insurgent groups. Civilians, notably including children, have suffered the worst consequences from the illicit arms trade. Despite arms embargoes, the majority of illicit small arms trade feeds non-state actors such as terrorist movements. The United Nations must focus on mechanisms to halt the facilitation of such weapons, combatting the poor management that allows for the diversion of weaponry to criminal organizations and insurgents. The availability of light arms at subsidized prices increased following the end of the Cold War, a product of the sales of large quantities of surplus stocks from former Soviet Union states. It is currently estimated that 600 million small arms are in global circulation, stockpiles, and private possession. Several million light weapons are produced every year in over 90 countries. In 2001, over 140 Member States convened to produce a solution to the proliferation of illicit small arms and light weapons. A program entitled “Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects” was created. Certain states opposed future development with the program. China, Cuba, Israel, India, Iran, Pakistan, Russia, and the United States argued that previous commitments to regulate small arms should be further developed, instead of pursuing new commitments. States have blocked developments of the program, as they oppose a higher degree of international regulation on the grounds that it would negatively impact the legal arms trade. They also argued that the program and future legislation could conflict with the national legislation of States and their national security interests. The program did commit to assessing applications for small arms exports in context to national laws and regulations, in hopes of giving States a certain degree of autonomy under international law. Yet the dialogue introduced by a select group of States was met with opposition from Member States in Europe, Latin America, the Pacific, and Sub-Saharan Africa. These countries argued that the current global standards on illicit arms trade were weak, and must be intensified through new commitments and standards on small arms transfers, ammunition, and the possession of small arms by civilians. Recognition of the link between licit and illicit transfers of small arms and observance of the use of small arms and light weapons in the context of human rights and international humanitarian law, public health, and sustainable development has pushed other States to pursue a more comprehensive approach in combatting this trade. In May 2015, the Security Council convened to address the flow of small arms and light weapons. The accessibility of small arms and light weapons in conflict zones has increased over the years. Speakers during the session highlighted the need for national action, treaties to address the issue, and international cooperation. Zeid Ra’ad al Hussein discussed the broader implications for illicit arms trade, by saying that small arms “do not only make easy the taking and maiming of lives, but also kill economies and the social bonds on which every kind of collective institution and progress rely.” Access to these weapons has impacted the denial of education and health, the illicit procurement of natural resources, violence against ethnic minorities, women, and children, gang violence, and the rejection of legal structures. Ban Ki-moon has raised awareness over the issue, introducing a report on the matter (S/2015/289). This report outlines the procurement of small arms and light weapons to over 250 conflicts in the previous decade, causing more than 50,000 deaths each year and high levels of displacement. More regulation on the illicit trade of weapons could help cut down conflict. Weapons could be clearly identified, as guns could be licensed and marked. Ammunition could be tracked or destroyed, and depots could be guarded, cleared, or secured. This would allow authorities to not only confiscate illicit arms, but give them the opportunity to trace the weapons back to the source to eliminate future risk. The Arms Trade Treaty (ATT) was passed and urged by Ban Ki-moon for universal accession and genuine implementation. The treaty addresses a need for greater control over the management of small arms, and a need for the United Nations to incorporate assistance for arms management into their operations. This treaty enhances international cooperation and supports mechanisms including registry and monitoring to stem the flow of illicit arms. During debate on the issue, certain countries have stressed that authorities must be able to differentiate between legitimate and illegitimate trade in weapons. The representative from the United States also has emphasized the importance of protecting the rights of nations to purchase small arms in order to defend their citizens in a lawful and appropriate measure. Steps must be taken to prevent any of these arms to divert from their intended use, though. The representative from the Russian Federation also voiced concerns with the ATT, arguing that it infringed on State sovereignty by allocating power over arms control to the UN. He maintained that the control of small arms and light weapons fell on States, not the sovereign body of the United Nations. Yet almost all states have recognized the detrimental nature of arms being transferred to non-state actors, such as militias or terrorist organizations. Non-state actors in Syria have obtained shipments of small arms, escalating the violence already taking place over the country. Some groups that receive arms operate under the guise of democratic opposition groups, but in reality they utilize the weapons for nefarious reasons. The Security Council has been urged to adopt a resolution that would prevent the attainment of small arms and light weapons by non-state actors. The implementation of the ATT provides a certain legal framework for arms transfers, but it has only laid the foundation for the United Nations to target the acquisition of small arms and light weapons by non-state actors. States that have ratified this legislation must ensure that their exports do not violate any arms embargoes, fuel conflict by non-State actors, contribute to acts of terrorism, or violate international law. Manufacturers of weapons must also brand their weaponry with the name of their company, the country of manufacture, and the serial number. An alternative to this would be a combination of geometric symbols and a numeric and/or alphanumeric code. States have been urged to recognize the removal of such identification as a criminal offense. TOPIC C: Demilitarization of the Arctic While militaristic efforts by countries continue to expand and take new form, the United Nations is committed to ensuring the complete disarmament of Antarctica. Along with military presence, weapons testing as well as disposal are not tolerated by the United Nations below 60oS latitude. Demilitarization policies were developed to ensure that Antarctica remains a place for peace, international cooperation, and scientific research for the world community. Additional environmental protections have been placed on Antarctica to further designate the continent as a natural reserve entirely devoted to peace and science. In 1959, the Antarctic Treaty was passed with twelve signatories all of which had active presence within Antarctica. The treaty did not officially enter into force until 1961 and since then has shaped international considerations concerning Antarctic action. Within the fourteen articles, specific action was taken to prevent nuclear testing and disposal as well as military presence in Antarctica in an attempt to ensure a neutral zone for international scientific collaboration. The Antarctic Treaty is the framework on which other environmental treaties build and continues to be the main source of policy on the topic of Antarctic disarmament. As of 2015, there 53 states party to the treaty with 29 states having voting status. Seven of these states claim portions of Antarctica as part of their national territory, but these claims are not recognized by the Antarctic Treaty nor are they recognized by other member states. As there is no standing government in Antarctica, all persons within the continent are citizens of some external sovereignty meaning there is no Antarctic sovereignty. States party to the Antarctic Treaty enforce the articles through national law applicable only to their citizens, which requires states to establish military and environmental guidelines in accordance with the treaty. Military personnel are permitted within the treaty, but only for the use of scientific research or other peaceful means. As more military and environmental agreements were formed at the annual Antarctic Treaty Consultative Meetings (ATCM), the collective body of these agreements came to be known as the Antarctic Treaty System (ATS). This system has been specified since its creation on a variety of topics due to over 200 agreements of which the ATS is comprised. One of the most recent and noteworthy of these agreements is the 1998 Madrid Protocol which designates Antarctica as a natural reserve and sets measures for all activities within the Antarctic Treaty area defined as everything below the 60oS latitude. This designation is a key component of policy formation after its passage as it standardizes the definition of Antarctica for all member states further ensuring policy formed in relation to the continent take into account this definition. Currently there are seven states that claim territory in Antarctica. For some states such as Australia, these claims predate the Antarctic Treaty which presents a conflict for the state in which it must choose between acting in full accordance with the treaty or acting in its own interest by continuing to claim the territory. This choice is made trickier for states such as the United Kingdom in which the area claimed as part of national territory overlaps with territory claimed by other states. Since the United Kingdom has ratified the Antarctic Treaty which states in Article 4, “No new claim, or enlargement of an existing claim, to territorial sovereignty shall be asserted while the present Treaty is in force” the conflict of interests is worsened as other member states reject all claims made by the UK as well as the six other states claiming territorial sovereignty. Because it is up to each State to pass national laws in accordance with the ATS, regulations regarding specific militaristic mobilization as well as environmental impact vary widely between member states. The means of standardization of the most current information regarding military presence and scientific research in the Antarctic is done through the Antarctic Treaty Secretariat. This body collects, stores, and publishes information for member states to view as well as the general public in an attempt to give states the most current information collected by state and nonstate actors. Due to the wide array of military and scientific presence in Antarctica, the Secretariat plays a vital role in the collaboration of all active states as well as provides a common reference for states to form policy regarding military mobilization. Argentina: Argentina holds a claim to 1,461,597 km2 (564,326 sq mi), of which 965,597 km2 (372,819 sq mi) is land. This claim is largely geographic as Argentine expansion has reached into the Antarctic region since the early 20th century and islands such as the South Orkney Islands. Permanent bases have been established by Argentina in the islands between the state and Antarctica as well as on the Antarctic mainland. Argentina has ratified the Antarctic Treaty, but has claims predating the treaty as well as exploration and scientific research stretching over 50 years before the ATS. Australia: Australia’s claim dates back to a before the state was granted independence from the United Kingdom. The territory was officially transferred over to Australian control in 1933 and since then Australia has claimed 5,896,500 km2 (2,276,651 sq mi) as part of their national sovereignty. Australia claims an exclusive economic zone in this region which is not in accordance with the Antarctic Treaty. Chile: Chile’s claimed territory presents conflict as it overlaps both the UK and Argentina’s claims. The area claimed is 1,250,257 km2 (482,727 sq mi) and several communes are established in this area (4 permanent, 7 seasonal). The claims made by Chile are geographical as well as historical in nature. France: French presence in Antarctica dates back to expeditions as early as 1840. France claims an area of 432,000 km2 (166,796 sq mi) and is unrecognized by other states in this claim. Adélie Land is the official title of this French-claimed territory. New Zealand: Ross Dependency is the name of the territory claimed by New Zealand in the Antarctic. This claim encompasses 450,000 km2 (174,000 sq mi) and dates back to an 1841 expedition in which the area was originally claimed for the UK and later transferred to New Zealand in 1947. Norway: Norway has a relatively recent claim to their territory commonly referred to as Queen Maud Land. The 2,700,000 km2 (1,042,476 sq mi) territory was annexed in 1939 and there are currently twelve research stations established in this area. United Kingdom: The British Antarctic Territory is one of the most recent claims happening in 1962 one year after the Antarctic Treaty went into effect. The area claimed is 1,709,400 km2 (660,000 sq mi) and overlaps with the area claimed by Chile. Focus Questions 1. How do claims of national sovereignty present security risks for states that do not recognize these claims? How do we mitigate these concerns? 2. Do Sates that have overlapping claims present a threat to the establishment of peace and scientific sanctuary in Antarctica? How should we go about resolving these disputes? 3. Does each State creating standards on militaristic action give rise to a conflict of interest in the States that view territory as part of their national sovereignty? Can stricter international standards be passed to control these militarization practices?
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