Disarmament Times: First Committee Report

“The measures voted on in the FC and then in the General Assembly were all adopted by more than 100 votes. mostly from Third World countries with nations from other areas joining the majority in numbers reflecting the content of particular resolutions. These measures almost entirely expressed the intense desire of non-nuclear states to use the work of the General Assembly under the heading of “general and complete disarmament” to slow down the growth of nuclear weapons and then to eliminate them.”

— John Wasburn

John Washburn & Bruce Knotts, April 27, 2020

Resolutions and decisions on disarmament were presented to the seventy-third session of UN General Assembly by its First Committee (FC). Of the 50 total, 19 were adopted in the Committee in 45 recorded votes. The remainder were adopted without votes since they had been carried over from previous years. Although the FC completed its work on time and on budget, its session had often been unusually acrimonious. Both the UN rapporteur who conducted the General Assembly meeting and the representative of Yugoslavia on behalf of the EU and associated states found it necessary to make a special effort to deplore this contentiousness. The latter especially criticized refusals to abide by accepted procedures. The present comment will include a general review of this situation.  A subsequent report in the next issue of Disarmament Times will cover specific instances.

The measures voted on in the FC and then in the General Assembly were all adopted by more than 100 votes. mostly from Third World countries with nations from other areas joining the majority in numbers reflecting the content of particular resolutions. These measures almost entirely expressed the intense desire of non-nuclear states to use the work of the General Assembly under the heading of “general and complete disarmament” to slow down the growth of nuclear weapons and then to eliminate them.* China, Russia, Syria and a few others on one hand and the United States and some supporters on the other hand tried to use resolutions and decisions as well as their general speeches and their interventions in debates to attack each other. Success in this depended on the ability of the respective sponsors to persuade enough countries in the majority to join them. This process and the efforts of the two sides to edit in their favor resolutions proposed by the majority resulted in 45 recorded votes in the Committee. The majority defeated a few resolutions proposed by the minority and in one case forced a withdrawal. All of the resolutions adopted by votes will become standing items on future agendas of the FC.

The Committee’s General debate covered eight days and included presentations by 18 non-governmental organizations (NGOs). Most of these were devoted to specific subjects , such as cluster bombs. outer space and conventional weapons. Many of these presentations were endorsed by considerable numbers of other organizations. Taken together, this event was a sharp reminder of the extraordinarily large numbers of NGOs variously committed to different aspects of disarmament.

These organizations also participated extensively along with governments and UN officials in the General Debate. The General Debate covered nuclear weapons, other weapons of mass destruction, conventional weapons, other disarmament measures, outer space and regional disarmament. It also featured a joint panel of the First and Fourth Committees on space security and sustainability. The panel’s members were representatives of the Office of the UN High Representative for Disarmament Affairs, United States Office of Space Commerce, UN Office of Space Affairs, Nuclear Space Policy Initiative of the Observer Research Foundation, and the Secure World and Our Secure Future organization. 

The General Debate provided wider perspectives and broader information to the FC’s members and participants beyond the highly politicized and, despite the wide range of its topics, narrowly focused debates in its sessions. Just as those debates reflected the realities of the disarmament goals and aspirations of the great majority of the UN’s members, the General Debate reminded them of what disarmament in its full sense means.

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Comment from Bruce Knotts. This is a very important article and the two sentences which proceed the * (above) deserve particular attention.  “This article reflects the tension in the First Committee of the UN which deals with disarmament and threats to peace.  However, when I attended the UN Framework Convention on Climate Change Conference of Parties 24 in Katowice, Poland 2018, I also saw the anger from the developing nations of the global south due to the failure of the developed nations to contribute to the Global Climate Fund agreed to at the Paris Climate Accords in 2015.  These nations remember the colonial past when the so-called developed nations stole the wealth of the global south setting up a world order with northern nations with vast wealth that is uses to amass inordinate military power while continuing to exploit the natural resources of the global south.  The global south comprises most member states of the United Nations.  These nations which suffered from historic colonial wars, want to see an end to spending on weapons of mass destruction and indeed on military power.  This money is required to fund global health, education, affordable decent housing, adaptions and mitigations to climate change, science, research, and all that makes for a better world.”  

-Comment from Bruce Knotts.

International Criminal Court Decision on Afghanistan - The United States Reacts

By:  John Washburn

The International Criminal Court

 

has decided to conduct an investigation on the ground in Afghanistan of alleged crimes by forces fighting in the conflict there. This ruling supports the work of the United Nations to secure peace and establish security.

The Court’s Appeals Chamber unanimously decided on March 5, 2020 to authorize the ICC Prosecutor to begin this investigation. She had appealed an April 12, 2019 decision by the PreTrial Chamber (PTC) against an investigation in Afghanistan. It had concluded that since among parties to the conflict there was strong opposition to an ICC investigation, it would fail.  The PTC clearly had the US in mind since it had vigorously objected to the investigation earlier. The US had also declared visa restrictions on ICC officials it considered “directly responsible for the investigation of US personnel”.

In a statement of March 5, Secretary of State Pompeo condemned a “political vendetta” by an “unaccountable political institution masquerading as a legal body.” He promised “measures to protect our citizens from this renegade, unlawful, so-called court.” An accompanying Department of State press release declared that “the ICC has stumbled into a sorry affirmation of every denunciation by its strongest critics over the past three decades. “

On March 17, Pompeo declared that since the ICC “is a nakedly political body,” the US is denying visas to two senior officials in the Office of the Prosecutor, Sam Shoamanesh and Phasiko Mochochoko. As with a similar earlier denial for the Prosecutor, these visas apparently would be for general entry to the United States. The Prosecutor has continued to receive the special visas to visit the UN in New York required by the United Nations Headquarters Agreement with the United States.

These statements make it appear that the ICC would attempt to prosecute lower ranking officers and soldiers. In fact, the Rome Statute requires the ICC to investigate and prosecute only the most senior civilian officials and military officers ultimately responsible for ordering and overseeing crimes. The Appeals Chamber authorized the ICC prosecutor to investigate in Afghanistan the most serious crimes against humanity including murder, imprisonment, severe deprivation of personal liberty and war crimes comprising murder, cruel treatment, outrages on personal dignity, passing and executing sentences without proper judicial authority, intentional attacks against civilians and on humanitarian activities. 

Afghanistan acceded to the Rome Statute on February 10, 2003, so that under its provisions ICC jurisdiction over the country began on May 1, 2003. Afghanistan subsequently claimed to the PreTrial Chamber that it could and would try accused persons itself. However, the Chamber found no evidence to support this claim and dismissed it.

This United States government is especially unpredictable, but it is most likely that it will now wait to see what the ICC does in the investigation. However, if the Court actually starts to move on Americans, the US will react even more violently. Meanwhile, civil society has firmly supported the Court. This has included the Center for Constitutional Rights, Human Rights Watch and Amnesty. 

The decision to undertake this onsite investigation is a new advance for the ICC in several ways. It confronts the threat of US intense opposition. The Appeals Chamber has unanimously overruled the PreTrial Chamber despite that threat. The prospective defendants are largely citizens of countries in Europe and North America Whatever the outcome, a new stage in the ICC’s history has begun.