Legal Committee

Dear Delegates,

Lucas Swisher

It is my pleasure to welcome you to the Legal Committee of Harvard National Model United Nations 2012! My name is Lucas Swisher and I am a sophomore at Harvard. I was born in Santa Rosa, California, but have spent the last 10 years calling Oklahoma my home. At Harvard, I plan to major in Government and minor in Statistics, with a specific focus in International Politics. Outside of the classroom, in addition to my work with the Harvard National Model Nations conference, I am also involved in Harvard Model United Nations, the high school conference. I also play Club tennis, play cello in an orchestra, work with advertising and marketing at the Harvard Crimson Newspaper, write for the Harvard Political Review, help college students register to vote, spend time with the Harvard Republicans, and enjoy an occasional hour of sleep!

As the Conference approaches, I hope that you become extremely excited to participate the most thrilling committee of the General Assembly.  I hope you will come to Conference ready to passionately debate, to learn from your fellow delegates, and most of all, to have a rewarding and fun four days. During our committee sessions, you will be delegates of the Legal Committee, and you will be discussing possible revisions to the Geneva Conventions in light of our changing world and the rights of minorities in International Law.   Both issues are especially relevant today and should stimulate interesting debate and discussion.

As you prepare yourself for conference and begin on your research, I encourage you to keep up to date on current events around the globe. The study guide is a great starting point for research but I hope you will continue gathering information so that you can come to conference with a strong foundation with which to enter debate. If you have any questions, please don’t hesitate to email me. I look forward to meeting all of you in February!

All the best,

Lucas Swisher
Director, Legal Committee
Harvard National Model United Nations 2012

Topic Area A: Revision of the Geneva Conventions in the Role of War

Since their inception, the Geneva Conventions have held standards for the rules of war in the international arena.  They set the standards in international law for humanitarian treatment of prisoners of war.  While negotiated after the Second World War, today they provide an important source of protection for those who are not or are no longer taking part in hostilities, including wounded or sick fighters, civilians, prisoners of war, and medical and religious personnel.

However, in the late 20^th century and the beginning of the 21^st century, the way man makes war has begun to change.  Terrorist and other non-state sponsored groups have emerged, creating a problem around the world.  For example, as the United States saw on 11 September 2001, when terrorists rammed two passenger flights into the World Trade Center towers in New York City, USA, times have changed.  After these events, President George W. Bush suspended the Geneva Conventions and utilized interrogation techniques on suspected terrorists that may not have been allowed under the conventions.  The new rules of war in the 21^st century bring up numerous issues about how to wage war.  Some questions to consider when researching this topic area are:

Should terrorist groups be given protection under the Geneva Conventions?  Should any non-government sponsored groups be given protection under the Conventions?  Should any country be able to suspend the Conventions when dealing with these groups?  How could the Conventions be revised to help countries deal with crises?  How can countries bring humanitarian aid to warring regions?  How can the United Nations help to protect citizens in warring regions?  Finally, how should the Conventions deal with mercenary groups?

Topic Area B: Rights of Minorities in International Law

Throughout time, majorities in countries have utilized their power to oppress minorities who disagree with their social or cultural norms.  This is an ongoing problem in places across the globe as minorities are stripped of their social, economic, and cultural rights; moreover, with revolutions occurring across North Africa and the Middle East, these problems are especially relevant today.  It is the responsibility and duty of the United Nations to find compromise in order to protect the rights of these minorities.   In developing a position on this topic, it is important to consider historical instances of ethnic oppression and its consequences.

In the 1990’s, the Tutsis and the Hutus, differing ethnic groups, coexisted in Rwanda, a small country in south central Africa.  The Tutsis, differing only slightly from the Hutus, dominated the Hutu population with anti-Hutu policies.  However, in the 1990’s the Hutus led a massive revolt, killing approximately 500,000 to 1 million Tutsis and moderate Hutus.  If the minority in this country had been protected, perhaps the Rwandan Genocide would not have occurred.

In current times, the Iranian government engages in many anti-Kurdish policies that seem similar to the treatment of the Hutus by the Tutsis.  The Kurds have been stripped of their right to worship, practice cultural customs, and even find jobs.  But how should the United Nations deal with the rights of these minorities in international law?

Should aid workers be allowed to work with the Iranian government? Should states that support Iran be punished?  Should humanitarian aid be given to disadvantaged Kurds?  Should the United Nations step in to halt the discrimination?  What level of sovereignty does the United Nations have over matters such as these?  What should be done in the case of a revolution?  At what point and to what extent should the United Nations step in?