4048-E-Angel1-5ed08R0002.pdf

COLLEGE OF INTERNATIONAL AND SECURITY STUDIES

Program in Advanced Security Studies (PASS)

Exercise

Cerulean Angel Problem 1

English

Edition 5 #4048-E

CER 5A

Exercise CERULEAN ANGEL: PROBLEM 1

Negotiating a Security Council Resolution

Background to the Crisis

At independence Denabia was established as a centralized state with limited powers devolved to three provincial councils. However, the 1993 Constitution weighted the legislature in favor of the two minority provinces (Tashmak and South Kammar). Consequently, Tashmak and Kammarjan sectional interests have blocked legislation and gained a series of concessions from the central government. These include increased tax raising powers, minimal central oversight of their respective National Guard formations, and provincial control over education. The South Kammarjans have proved particularly stubborn and nationalistic. Schools have split along language lines, with Denab-speakers receiving few resources from the Kammar provincial education ministry. Denabian heritage sites (particularly in Garchuk) have also suffered as their maintenance has been neglected by Kammarjan dominated local authorities.

At the same time, the Denabian government has been faced with a rising Cisdenab movement on the west bank of the River Dena campaigning under the slogan “Denabia for the Cisdenabs.” The Cisdenab nationalist Progressive Party has argued that the central government should be strengthened and the provincial councils reduced to a more symbolic status. However, the Cisdenab Provincial Council has exploited its relative autonomy to improve the professionalism and nationalist character of the Cisdenab National Guard. By 2009, concessions to the provinces had seriously weakened the cohesion of the Denabian state as separatist parties in each of the provinces continued to grow in strength and popular support. The backward state of the economy, corruption and rising crime had also contributed to growing disillusionment with the status quo in Denabia.

Conflict in Garchuk

Growing tensions between Cisdenab and Kammarjan nationalists had long centered on Garchuk, a prosperous, ethnically mixed university town, considered to be one of the jewels of Denabian heritage. As often happens, it was a relatively minor incident that sparked violence between the two communities and led to civil war.

In May 2010 the South Kammar Provincial Council finally released funds to restore signs and tourist facilities at St. Nestor’s Church in Garchuk. The church, dating from the 11th Century, is a potent symbol of Cisdenab Christian identity. However, Kammarjan sign painters placed the Kammarjan language above Cisdenab and English. When enraged Cisdenab nationalists tore the signs down, they clashed with the largely Kammarjan workforce at the construction site and three workmen were badly beaten. In the weeks following this incident, the site of St. Nestor’s became the focus of rioting between extremists from the Kammarjan and Cisdenab ethnic communities in Garchuk. Heavy-handed policing by the Kammarjan dominated Garchuk Police Department only exacerbated the violence.

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On 1 August 2010, against the advice of the Denabian Government and South Kammar Provincial Council, Cisdenab activists organized a mass march on St. Nestor’s from the west bank of the Dena River. Although the demonstration was billed as a peaceful protest, Cisdenab nationalists were brought in by coaches from all over Cisdenab Province. Many younger activists were clearly well prepared for a violent confrontation with the Garchuk police. Inevitably, violence erupted as the Garchuk Police Department attempted to prevent marchers crossing the viaduct at the Garchuk dam leading into the city. In the ensuing battle shots were fired and three Cisdenab protesters were killed, very visibly, in front of the cameras of the domestic and international media. By evening, there was widespread rioting between the Cisdenab and Kammarjan communities in Garchuk with national guards from Cisdenab and South Kammar provinces exchanging gunfire for the first time. Fires were also started in the main shopping area and business premises were looted. As violence spread over the next few days ethnic Cisdenabs and Kammarjans were hounded from their homes in mixed communities.

By noon on 5 August 2010, ethnic cleansing and strife between the two communities had spread throughout South Kammar province, and were threatening to spill over into the two other provinces, as well as into Goria. Traffic through the Garchuk Dam had also been halted, and its power generating facilities shut down.

The Humanitarian Crisis in Garchuk

Throughout the late summer of 2010, Garchuk was the main focus of fierce fighting between Cisdenab and Kammarjan national guards and militias. Although most of the old town area remained in the hands of the Cisdenabs, opposing positions in the suburbs continued to change hands week-by-week in intense street fighting.

With the deterioration of the weather in autumn, combatants on both sides began to prepare for a hard winter. The scale of violence decreased, and as rain and snow set in there was a sense of war weariness and stalemate. For the first time a truce and the prospect of an organized peace process began to be a possibility. As the conditions in Garchuk deteriorated, the success of the peace process became imperative. Humanitarian assessments of the civilian population on both sides indicated that the onset of winter would bring a high death toll to the vulnerable element (children and elderly) of the population. Ethnic enclaves, which had been cut off by the fighting for a long time, were particularly at risk.

Truce Negotiations in Poland

Secret talks were organized by Poland, acting as a trusted third party. Kammarjan and Cisdenab leaders, including the militia fighters, attended talks in Warsaw. On 26 October 2010, the Polish government announced progress. A cease fire was to be observed with immediate effect and the United Nations Security Council agreed to meet urgently to discuss a peace plan with, if necessary, an international military presence to guarantee compliance.

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The Situation in Garchuk at the Start of PROBLEM 1

In Garchuk the populations of both sides of the military confrontation are living close to the edge of survival. Water, food, heating oil and medical supplies are in short supply. The situation in civilian enclaves of the opposing parties trapped behind the frontlines is particularly acute.

Mortality rates among the elderly and infants are high. A recent UN Commissioner for Human Rights report estimates that 200,000 people remain in the urban area with roughly equal numbers of Cisdenabs and Kammarjans. The report also claims that there are 40,000 combatants in the city and at least 5,000 non-combatants trapped in enclaves by the fighting. Several TV crews from leading news agencies are working on both sides of the military confrontation line, and globally, news editors are keeping the Garchuk crisis as a headline event.

Negotiations took place in Poland at an inter-government level on the basis of a long term, future settlement. The Tashmaran envoy representing the Kammarjan faction pressed for the Garchuk municipality and the dam installations at Garchuk to become a UN mandated area under a UN interim administration. This would allow the Dena River waterway to reopen and save the region from a disastrous economic recession. The Cisdenabs, however, see Garchuk as an important cultural center. As Cisdenab factions currently occupy the dam installations, allowing Garchuk to become a UN mandated area would strip them of their bargaining power.

In terms of a future settlement, the Kammarjans are negotiating for a multilateral withdrawal of all forces from the conflict zone to allow a UN mandate to operate, whereas the Cisdenabs hold out for a divided town with a “green-line” division of the opposing communities. Consequently the Cisdenab forces have continued to push out eastwards in the urban areas, hoping to secure more favorable positions in the town.

The Krakow Declaration now moves the focus of negotiations from Poland to the UN Secretariat in New York. After the frequent media reports of the deteriorating humanitarian conditions in Garchuk, there is mounting international pressure on the Security Council to restore sufficient peace and security to allow urgent relief action to begin.

PROBLEM 1

Before the formal session takes place in the UN Security Council, where the purpose is to ratify authorization for a peace settlement, a smaller informal meeting will be convened in New York.

This informal meeting will allow the key representatives on the Security Council to hear about the full situation from both sides. Further, with the benefit of informal discussions, the Security Council representatives should attempt to agree to a mutually acceptable course of action.

In PROBLEM 1 you are a representative at this informal meeting. In a separate letter you will receive instructions from your Minister of Foreign Affairs explaining your country’s national position in the crisis and giving you a position to take. In your spare time before the informal meeting is convened, you should canvas other delegates to find out, what their positions are, and to see if you can solicit their support for your own agenda.

At the informal meeting, the task for the UN Security Council members (represented by you and your colleagues) is to write a UN Security Council Resolution that will authorize and safeguard a humanitarian rescue operation in Garchuk and provide for a continuing cease-fire in which a long-term peace process can be negotiated. The Resolution should include a mandate governing the international force. The Resolution should also address the demilitarization of Garchuk.

REQUIREMENTS:

• Produce a draft UN Security Council Resolution that provides enough detail to resolve the current situation. The draft Resolution should be written in English, Russian, or German.

• Brief your seminar leader on the contents of the Resolution. The briefing should not take longer than 15 minutes.

CER 5B

Declaration from Krakow

Today in Krakow, the Government of the Republic of Denabia (representing the Cisdenab Factions), the Government of the Tashmaran Republic (representing the South Kammarjan factions), and the Government of the Republic of Goria (hereafter referred to as the Parties), declare their mutual agreement to a cessation of hostilities on the territory of the Republic of Goria and the Republic of Denabia, beginning on 27 October 2009, 2359 hrs, local Denabian time.

The Parties agree to this cease-fire for the purpose of allowing international humanitarian agencies to conduct relief operations in Garchuk under United Nations auspices. The Parties further agree to withdraw their military forces from the current line of contact to positions to be determined by such arbitration. This agreement applies to all organs of government affecting both parties, without geographical limit, and especially to the town of Garchuk. The parties further agree that any successful progress in negotiation efforts during the cessation will oblige them to consider extending the cessation, pending a peaceful, political resolution of the conflict.

Signed President of Poland

Signed Signed Signed Special Representative Special Representative Special Representative Republic of Denabia Republic of Goria Republic of Tashmara

CER 5C

CHARTER OF THE UNITED NATIONS

CHAPTER VI

PACIFIC SETTLEMENT OF DISPUTES

Article 33

1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 34

The Security Council may investigate any dispute, or any situation that might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.

Article 35

1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.

2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.

3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.

Article 36

1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.

2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.

3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.

Article 37

1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.

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CER 5C

2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.

Article 38

Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.

CER 5D

CHARTER OF THE UNITED NATIONS

CHAPTER VII

ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES

OF THE PEACE, AND ACTS OF AGGRESSION

Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 40 In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 43

1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.

2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.

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3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.

Article 45 In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

Article 46 Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

Article 47

1. There shall be established a Military Staff Committee to advise and assist the Security

Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.

2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.

3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council.

Questions relating to the command of such forces shall be worked out subsequently.

4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional sub-committees.

Article 48

1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.

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2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.

Article 49

The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 50 If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.

Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

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