1. THE UNITED NATIONS Structures Processes
International Law: Genocide, Crimes Against Humanity & War Crimes
                                         

2. The United Nations General Assembly Security Council
Economic and Social Council
Trusteeship Council
International Court Of Justice

3. History of the UN first coined by FDR on Jan. 1, 1942
forerunner was League of Nations
first met in 1945 at San Francisco
originally had 51 members
officially came into existence on Oct. 24, 1945
UN Day is celebrated every Oct. 24

4. Declaration of St. James Palace
representatives of Commonwealth nations and other nations in exile (currently at war with Nazi Germany)
June, 1941 in London, England
established the concept of enduring peace requiring the co-operation of the free peoples of the world
this peace would then bring about economic and social security

5. Atlantic Charter August 14, 1941
meeting between Roosevelt (USA), and Churchill (England)
affirmation of common principles in policies of their nations on which they based their hopes for a better future for the world
document later signed by 10 other European nations (USSR and other 9 occupied nations of Europe

6. Moscow October, 1943 foreign ministers of USA, Britain, USSR
recognized the need for establishing a general international organization based on the principle of the sovereign equality of all peace loving states
organization to be open to all states, large and small, for the maintenance of international peace and security
also signed by China later on

7. Dumbarton Oaks private mansion in Washington, DC October, 1944
Representatives of China, Britain, USSR, and USA
established the formation and structure of the UN
also established necessity of having member states place armed forces at the disposal of the Security Council
voting procedure for Security Council was established at Yalta, USSR

8. General Assembly
all members of the UN have representatives, each with an equal vote
currently has 191 members
last two to join were Switzerland and East Timor in 2002

9. Functions and Powers of the General Assembly
consider and make recommendations on the maintenance of international peace and security (recommendations not made on issues before the Security Council)
initiate studies and make recommendations to promote
international political cooperation
development and codification of international law
realization of human rights
International collaboration in economic, social, cultural, educational, and health fields

10. Functions and Powers of the General Assembly
make recommendations for the peaceful settlement of any situation
receive and consider reports from the Security Council and other UN Organs
consider and approve the UN budget and apportion the contributions among members
elect
non-permanent members of Security Council
members of Economic and Social Council
Judges of International Court of Justice (along with Security Council)
Secretary General (recommended by Security Council)

11. Security Council
5 permanent members (China, France, Russia, USA, England)
10 non-permanent members serving two year terms
Canada has served 6 times (last time )
maintenance of international peace and security
representative of each member must always be present at UN

12. Security Council
if there is a threat to peace the Council will first recommend a peaceful agreement and may offer mediation and set forth principles of a peaceful settlement
if there is a fight its first goal is to end it as soon as possible, issuing cease-fire directives, or sending peace-keeping forces
may decide on enforcement measures, economic sanctions, or collective military action

13. Security Council
a country may be suspended from exercising the privileges of membership if actions taken upon it by Security Council (upon recommendation of Council)
if country is persistent it may be expelled form UN upon recommendation of Security Council

14. Security Council
a non-member of the Security Council may participate (no vote) in discussions of Council if said country’s interests are affected
Council will set the conditions of participation of non-member participants
Presidency of Council rotates monthly according to the English alphabetical listing of its member states

15. Functions and Powers of the Security Council
maintain peace and security
investigate any dispute or potential friction
recommend methods of adjusting terms of settlement
determine existence of threat and recommend action
call on members to apply economic sanctions and other methods not involving force
take military action against an aggressor
exercise trusteeship functions in strategic areas

16. Functions and Powers of the Security Council
recommend admission of new members
recommend to General Assembly the appointment of Secretary – General
together with General Assembly elect the judges of the International Court Of Justice

17. Economic and Social Council
coordinate economic, social, and related work of 14 UN specialized agencies, 10 functional commissions, and 5 regional commissions
54 members elected for overlapping three year terms
14 allocated to Africa, 11 to Asia, 6 to East Europe, 10 to Latin America and Caribbean, 13 to Western Europe and other states
represents over 70% of the human and financial resources of the UN

18. 10 Function Commissions of Economic and Social Council
Statistical Commission
Commission on Population and Development
Commission for Social Development
Commission for Human Rights
Commission on the Status of Women
Commission on Narcotic Drugs
Commission on Crime Prevention and Criminal Justice

19. 10 Function Commissions of Economic and Social Council
Commission on Science and Technology for Development
Commission on Sustainable Development
United Nations Forum on Forests

20. Responsibilities of Economic and Social Council
promotion of higher standards of living
promotion of full employment
promotion of economic and social progress
identification of solutions to economic, social , and health problems
facilitating cultural and educational cooperation
encouraging universal respect for human rights and fundamental freedoms

21. Trusteeship Council suspended operations November 1, 1994
last nation under direction was Palau
designed to assist newly independent nations in the development of their sovereignty

22. International Court of Justice
Peace Palace, the Hague, Netherlands
settles with accordance with international law the legal disputes submitted to it by States
give advisory opinions on legal questions referred to it by duly authorized international organs and agencies
comprised of 15 judges elected to nine year terms by the Security Council and General Assembly
Elections every three years for 1/3 of members and members may be re-elected
Judges are independent magistrates and do not represent their countries

23. Universal Declaration of Human Rights
Adopted and proclaimed by Gen. Assembly December 10, 1948
Includes a proclamation of rights that include most basic rights found in CCRF, but also includes:
A prohibition against slavery (Art. 4)
Right to asylum (Art. 14)
Right to a nationality (Art 15)
Right to marry and found a family, right to choose marriage(Art. 16)
Right to property (Art. 17)

24. Universal Declaration
6. Right to social security (Art. 22)
7. Right to work, equal pay for work of equal value, right to unionize (Art. 23)
8. Right to rest and leisure … and paid holidays
9. Right to an adequate standard of living … including food, clothing, housing and medical care and necessary social services
10. Motherhood and childhood are entitled to special care and assistance

25. Universal Declaration
11. Everyone has the right to education, including free elementary education. Education shall be directed to the full development of the human personality !!!
12. Right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
13. Right to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

26. Genocide, Crimes Against Humanity & War Crimes

27. Genocide
Genocide is defined as a list of prohibited acts, such as killing or causing serious harm, committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group. (Rome Treaty (2002) est. International Criminal Court)

28. Genocide
The Convention on the Prevention and Punishment of the Crime of Genocide (1948) proclaims genocide to include:
Killing members of the group;
Causing serious bodily or mental harm to members of the group;

29. Genocide Definition
Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
Imposing measures intended to prevent births within the group;
Forcibly transferring children of the group to another group

30. Genocide - Punishment
Article III of the Convention identifies punishable acts:
Genocide;
Conspiracy to commit genocide;
Direct and public incitement to commit genocide;
Attempt to commit genocide;
Complicity in genocide.

31. Genocide- Legal Liability & Trials
Constitutionally responsible rulers, public officials or private individuals.
· tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal

32. Crimes Against Humanity
Crimes against humanity include crimes such as the extermination of civilians, enslavement, torture, rape, forced pregnancy, persecution on political, racial, national, ethnic, cultural, religious or gender grounds, and enforced disappearances - but only when they are part of a widespread or systematic attack directed against a civilian population. (Rome Treaty (2002))

33. Crimes Against Humanity
The "widespread or systematic" qualification for crimes against humanity is very important, as it provides a higher threshold, requiring a particular magnitude and/or scope before a crime qualifies for the Court's jurisdiction. This differentiates random acts of violence - such as rape, murder, or even torture - that could be carried out, perhaps even by soldiers in uniform, but which may not actually qualify as crimes against humanity.

34. War Crimes
War crimes include grave breaches of the Geneva Conventions and other serious violations of the laws and customs that can be applied in international armed conflict, and in armed conflict "not of an international character", as listed in the Statute, when they are committed as part of a plan or policy or on a large scale.

35. War Crimes
Under a 1973 Convention, there are no statutory limits on War Crimes or Crimes Against Humanity.

36. War Crimes
Every State has the right to try its own nationals for war crimes against humanity.
States shall co-operate with each other on a bilateral and multilateral basis with a view to halting and preventing war crimes and crimes against humanity

37. War Crimes
States shall not grant asylum to any person with respect to whom there are serious reasons for considering that he has committed a crime against peace, a war crime or a crime against humanity.