Equipo Nizkor - A Single Consolidated Resolution for Peace.

By Benjamin B. Ferencz |*|

THE SECURITY COUNCIL,

RECALLING that, pursuant to Article 24 of the United Nations Charter, all Members of the United Nations have conferred on the Security Council "primary responsibility for the maintenance of international peace and security" and they have all agreed that "in carrying out its duties under this responsibility the Security Council acts on their behalf",

RECALLING that, pursuant to Article 25 of the United Nations Charter: "The Members of the United Nations agree to accept and carry out the decisions of the Security Council",

RECALLING that, pursuant to Article 26 of the United Nations Charter, the Security Council: "In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources., shall be responsible for... the establishment of a system for the regulation of armaments",

RECALLING that, pursuant to Article 29 of the United Nations Charter: "The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions",

RECALLING that, pursuant to Article 33 of the United Nations Charter "The parties to any dispute, the continuation of which is likely to endanger the maintenance of international peace and security" are required to settle their dispute by "peaceful means of their own choice",

RECALLING that, pursuant to Articles 36 and 37 of the United Nations Charter, the Security Council may at any stage of a dispute which is likely to endanger the maintenance of international peace and security, "recommend appropriate procedures or methods of adjustment," or "such terms of settlement as it may consider appropriate",

RECALLING that, pursuant to Article 39 of the United Nations Charter, the Security Council is mandated to "determine the existence of any threat to the peace, breach of the peace , or act of aggression" and authorized to "decide what measures shall be taken in accordance with Article 41 and 42, to maintain or restore international peace and security",

RECALLING that, pursuant to Articles 41 and 42 of the United Nations Charter, the Security Council, to give effect to its decisions, is authorized to call upon the Members of the United Nations for complete interruption of economic relations, communications and diplomatic relations, and is also authorized to take action "by air, sea or land forces as may be necessary to maintain or restore international peace and security," including "operations by air, sea, or land forces of Members of the United Nations",

RECALLING that, pursuant to Article 43 of the United Nations Charter, agreements regarding the forces to be made available to the Security Council for the maintenance of international peace and security "shall be negotiated as soon as possible on the initiative of the Security Council",

NOTING with regret that, despite the provisions contained in Articles 33 through 38 of the United Nations Charter, requiring nations to settle disputes only by peaceful means, nations have continued to use armed force in violation of the Charter,

NOTING with regret that, despite the provisions contained in Article 25 of the United Nations Charter, requiring the Members to carry out the decisions of the Security Council, some Members have violated their agreement and failed to carry out Security Council decisions - as they were legally obliged to do.

NOTING with regret that, despite the provisions of Article 26 of the United Nations Charter, calling for the establishment of a system for the regulation of armaments with the least diversion of the world's human and economic resources, it has not been possible to establish such a system and the arms race continues to drain resources vitally needed for human betterment,

NOTING with regret that, despite Articles 42 through 50 of the United Nations Charter, requiring all Members to cooperate and comply with Security Council mandates for the creation of military forces to be made available to the Security Council for the purpose of maintaining international peace and security, it has not been possible to create such a system as envisaged by the Charter.

ACKNOWLEDGING with regret that, despite the primary responsibility vested m it by the United Nations Charter and agreed to by all the Members, it has not been possible for the Security Council to maintain international peace and security.

ACKNOWLEDGING with regret that, despite the fundamental purpose set forth in the opening paragraph of Article 1 of the United Nations Charter, to maintain peace "in conformity with the principles of justice and international law," it has not been possible for the Security Council to maintain peace m accordance with justice and international law.

ACKNOWLEDGING with regret that aggression has never been clearly defined, nor has it been possible to reach a common agreement on the definition of terrorism and other crimes against humanity that may threaten peace.

ACKNOWLEDGING with regret that gross disparities in economic and social conditions in various parts of the world threaten world security and that environmental hazards pose a threat to future generations.

MINDFUL of the opening sentence of the Preamble to the United Nations Charter, which expresses the deterrnination of The Peoples of the United Nations, "to save succeeding generations from the scourge of war" and to reaffirm "the dignity and worth of the human person",

DESIROUS of enhancing the effectiveness of the Security Council in maintaining international peace and security for the benefit of all nations, peoples and individuals, and in conformity with the fundamental purposes and principles of the United Nations Charter,

DECIDES to adopt this omnibus single consolidated resolution to: A- clarify and strengthen international laws of peace, B- strengthen the International Court of Justice and create new international courts for peace and C- strengthen the means and methods for more effective international law enforcement on behalf of peace.

TO THAT END the Security Council affirms and declares that all Members of the United Nations are bound by the following twelve resolutions:

A - Five Resolutions to Strengthen International Laws of Peace:

RESOLUTION MANDATING PEACEFUL SETTLEMENT

ARTICLE 1- All states, groups or individuals are legally prohibited from using armed force for the settlement of controversies of any kind, or for any purpose not specifically authorized by the Security Council of the United Nations.

ARTICLE 2- All states, groups or individuals are legally bound to settle all disputes or conflicts of whatever nature or origin by peaceful means in accordance with Chapter VI of the UN Charter.

ARTICLE 3- There may be no exceptions whatsoever, under any circumstances, to the mandates of Articles 1 and 2.

RESOLUTION CLEARLY DEFINING AGGRESSION

ARTICLE 1- The use of armed force in violation of the above Security Council Resolution Mandating Peaceful Settlement is a breach of the peace. It shall also constitute an act of aggression if it includes:

(a) Invasion or attack by armed forces.
(b) Bombardment from land, sea or air, using nuclear, chemical, bacteriological or any other weapons capable of destroying human life directly or indirectly.
(c) Blockade of ports, coasts, cities or regions.
(d) Sending armed bands, groups or mercenaries to carry out acts of armed force in violation of Security Council prohibitions.

ARTICLE 2- No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.

ARTICLE 3- An act of aggression is a crime against international peace. No territorial acquisition or special advantage resulting from aggression shall be recognized as lawful. No nation, group or individual shall be allowed to benefit from any act of aggression.

RESOLUTION PROHIBITING CRIMES AGAINST HUMANITY

ARTICLE 1- The following acts, when determined by the Security Council to constitute a threat to the peace, are absolutely prohibited as Crimes Against Humanity:

(a) Genocide, by which is meant any act committed with intent to destroy, in whole or in substantial part, any racial, nationaL linguistic, religious or political group of human beings. Such acts shall include: killing or causing serious physical harm or inflicting conditions calculated to bring about the destruction of the group.
(b) Terrorism, by which is meant any threat or illegal act of violence intended to coerce, intimidate or cause a state of panic, fear, insecurity or terror among a civilian population. Such acts shall include political assassinations, hostage taking, dangerous interference with civilian aircraft, destruction of public buildings, systematic kidnaping, massive physical abuse or torture and similar acts of illegal violence designed to terrorize the public
(c) Apartheid, by which is meant the practice of racial discrimination and segregation on a scale to constitute a threat to international peace and security, including acts for the purpose of establishing and maintaining domination of one racial group of persons over any other racial group of persons and systematically oppressing them.

ARTICLE 2- No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for crimes against humanity.

RESOLUTION ENDING THE ARMS RACE

ARTICLE 1: All states shall have at their disposal only those non-nuclear armaments, forces, facilities, and establishments as are agreed by the Security Council to be necessary to maintain internal order and protect the personal security of its citizens.

ARTICLE 2: States shall support and provide manpower for a United Nations Police Force when called for by the Security Council.

ARTICLE 3: The Security Council shall establish rules to implement the program for general and complete disarmament, including:

(a) Disbanding of armed forces, dismantling of military establishments, including bases, cessation of the production of armaments as well as their liquidation or conversion to peaceful uses;
(b) Elimination of all stockpiles of nuclear, chemical, bacteriological, and other weapons of mass destruction and cessation of the production of such weapons;
(c) Elimination of all means of delivery of weapons of mass destruction;
(d) Abolishment of the organization and institutions designed to organize the military effort of states or other entities, cessation of military training, and closing of all military training institutions;
(e) Discontinuance of military expenditures.

ARTICLE 4: The disarmament program mandated above shall be implemented in a sequence until it is completed, with each measure and stage carried out within specified time-limits after verification by the Security Council that there has been compliance, that no military advantage has been gained and that security is ensured equally for all.

ARTICLE 5: All disarmament measures will be implemented from beginning to end under such strict and effective international control as will provide firm assurance that all parties are honoring the obligations set forth herein. Any organ created by the Security Council to implement control over and inspection of disarmament shall be assured unrestricted access, without veto, to all places as necessary for the purpose of effective verification.

ARTICLE 6: During and after the implementation of general and complete disarmament, the Security Council shall take the necessary measures to maintain international peace and security, including the use of economic and other sanctions, UN peacekeeping forces, other forces placed at its disposal pursuant to Article 2 above, and all other means it may consider necessary to deter or suppress any threat or use of arms in violation of the purposes and principles of the United Nations.

ARTICLE 7: In carrying out the program of comprehensive and complete disarmament, the Security Council, and whatever organs it may create to implement the program of disarmament, sanctions or policing, shall consult with the General Assembly and with existing agencies dealing with similar problems with a view to making implementation effective in the widest possible area at the earliest possible date with the minimum possible economic hardship to persons and industries affected by the transformation.

RESOLUTION ENHANCING SOCIAL JUSTICE

ARTICLE 1- Every state has the duty to cooperate in promoting a steady and increasing expansion and liberalization of world trade and improvement in the welfare and living standards of all peoples, in particular those of developing countries.

ARTICLE 2- The protection, preservation and enhancement of the environment for the present and future generations is the responsibility of all states. All states have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction.

ARTICLE 3- All human beings are entitled to a minimum standard of human dignity, including: clean air and water, food, shelter, medical care, education, gainful employment and religious and political freedom.

B - Three Resolutions to Strengthen International Courts:

RESOLUTION ENHANCING THE WORLD COURT

ARTICLE 1: Any legal dispute which the parties have not settled by peaceful means, and the continuation of which the Security Council determines is likely to endanger the maintenance of international peace and security, must be submitted to the International Court of Justice for binding decision.

ARTICLE 2: In all cases where the Security Council determines that failure of any of the parties to honor a decision of the International Court of Justice poses a threat to the peace, the Security Council will use all necessary means to see that the decision is enforced.

ARTICLE 3: No national of a party to a dispute which is the subject of an opinion or decision by the International Court of Justice may vote on such decision or on any Security Council measures in enforcement thereof.

RESOLUTION CREATING AN INTERNATIONAL CRIMINAL COURT

ARTICLE 1- The Secretary-General of the United Nations is instructed to establish an International Criminal Court as an organ of the Security Council.

ARTICLE 2- The International Criminal Court shall be competent to deal with all crimes that the Security Council determines constitute a threat to the peace, breach of the peace or act of aggression. Such crimes shall include violations of any of the twelve Security Council resolutions referred to herein.

ARTICLE 3- Judges of the International Criminal Court shall be elected in accordance with the procedures laid down in the UN Charter for the election of judges for the International Court of Justice. Nominees may also be submitted by non-governmental organizations, universities or other qualified sources. The judges shall create their own rules of procedure consistent with the requirements of fair trial and the most efficient methods for carrying out the Court's assignment

RESOLUTION CREATING A WORLD TRIBUNAL FOR SOCIAL JUSTICE

ARTICLE 1- The Secretary-General of the United Nations is instructed to establish a World Tribunal for Social Justice as an organ of the Security Council. It may sit on an ad hoc or permanent basis, as may be necessary to discharge its responsibilities.

ARTICLE 2- The World Tribunal for Social Justice shall be competent to decide all legal questions concerning the interpretation of the Security Council Resolution Enhancing Social Justice, or any other human rights violation that the Security Council determines constitutes a threat to peace.

ARTICLE 3- Judges of the World Tribunal for Social Justice shall be elected by the Economic and Social Council in accordance with procedures laid down for the election of judges for the International Court of Justice. Nominees may be submitted by non-governmental organizations, universities or other qualified sources. The judges shall create their own rules of procedure consistent with the requirements of fair trial and the most efficient methods for carrying out the Court's assignment

C - Four Resolutions to Strengthen Peace Enforcement:

RESOLUTION CREATING A UN DISARMAMENT ENFORCEMENT AGENCY

ARTICLE 1- The Secretary-General of the United Nations is instructed to establish a UN Disarmament Enforcement Agency (UNDEA) as an organ of the Security Council to carry out the disarmament objectives of Security Council Resolution Ending the Arms Race.

ARTICLE 2- Pursuant to Article 3 of the Security Council Resolution Ending the Arms Race, UNDEA shall serve as the agent of the Security Council in supervising the implementation of the program of general and complete disarmament as set forth in that resolution and in drawing up such rules as shall be necessary for that purpose.

ARTICLE 3- The Secretary-General shall invite nominations for the position of Director of the UN Disarmament Enforcement Agency from members of the UN Disarmament Commission as well as other competent organizations or agencies. The list of nominees shall be screened by the UN Secretary-General and reduced to no more than 20 and no less than 10. The appointment shall be made by majority vote of the Security Council and require approval by a majority of the members of the General Assembly.

RESOLUTION CREATING A UN SANCTIONS AGENCY

ARTICLE 1- The Secretary-General of the United Nations is instructed to establish a UN Sanctions Agency (UNSA) as an organ of the Security Council to carry out the sanctions objectives of the Security Council Resolution for Ending the Arms Race.

ARTICLE 2- Pursuant to Article 6 of Security Council Resolution for Ending the Arms Race, UNSA shall serve as the agent of the Security Council in supervising the implementation of the program of economic and other sanctions as set forth in that resolution and in drawing up such rules as shall be necessary for that purpose.

ARTICLE 3- The Secretary-General shall invite nominations for the position of Director of the UN Sanctions Agency from members of the Special Security Council Committees dealing with sanctions, as well as from other competent organizations or agencies. The Kst of nominees shall be screened by the UN Secretary-General and reduced to no more than 20 and no less than 10. The appointment shall be made by majority vote of the Security Council and require approval by a majority of the members of the General Assembly.

RESOLUTION CREATING A UN POLICE AGENCY

ARTICLE 1- The Secretary-General of the United Nations is instructed to establish a UN Police Agency (UNPA) as an organ of the Security Council to carry out all measures related to peacekeeping forces and other forces recruited or placed at its disposal pursuant to the Security Council Resolution for Ending the Arms Race.

ARTICLE 2- Pursuant to Article 6 of the Security Council Resolution Ending the Arms Race, UNPA shall serve as the agent of the Security Council in supervising the implementation of all programs involving peacekeeping forces or other forces as set forth in that resolution and in drawing up such rules as shall be necessary for that purpose.

ARTICLE 3- The Secretary-General shall invite nominations for the position of Director of the UN Police Agency from members of all the Security Council Committees or Missions dealing with UN Peacekeeping functions, as well as from other competent organizations or agencies. The list of nominees shall be screened by the UN Secretary-General and reduced to no more than 20 and no less than 10. The appointment shall be made by majority vote of the Security Council and require approval by a majority of the members of the General Assembly.

RESOLUTION CREATING A UN SOCIAL JUSTICE AGENCY

ARTICLE 1- The Secretary-General of the United Nations is instructed to establish a UN Social Justice Agency (UNSJA) as an organ of the Security Council to help implement and carry out the Security Council Resolution for Enhancing Social Justice.

ARTICLE 2- UNSJA shall serve as the agent of the Security Council in observing and reporting on the implementation of all UN activities related to the implementation of programs and goals referred to in the Resolution for Enhancing Social Justice, and shall advise, coordinate and assist in achieving such programs and goals in every feasible way. Subject to Security Council and Secretary-General approval, it may set up such subsidiary organs as it deems necessary for the fulfillment of its mission.

ARTICLE 3- The Secretary-General shall invite nominations for the position of Director of the UN Social Justice Agency from members of all the UN Committees or Commissions or other agencies dealing with social justice functions, as well as from other competent organizations or agencies. The list of nominees shall be screened by the UN Secretary-General and reduced to no more than 20 and no less than 10. The appointment shall be made by majority vote of the Security Council and shall also require approval by a majority of the members of the United Nations Economic and Social Council.

GENERAL PROVISIONS

ARTICLE 1- Violators of any of the provisions of this Single Consolidated Resolution for Peace are subject to individual criminal punishment. Leaders, organizers, instigators, and accomplices participating in the formulation or execution of a common plan or conspiracy to violate this resolution shall be held criminally responsible. Those who aid and abet persons accused of violating these rules, either before or after the commission of the crime, will share criminal responsibility.

ARTICLE 2- The interpretation of these rules and their implementation and enforcement shall be the responsibility of the Security Council or such organs as it may designate for that purpose.

ARTICLE 3- The Security Council will use all necessary means to enforce the provisions of this resolution when it determines that their violation poses a threat to the peace.

COMMENTARY

The Preamble has been added to the omnibus resolution (although no preamble was suggested for each individual resolution) to establish the general frame of reference by citing the specific Charter provisions that authorize Council action and which have not been fulfilled. The acknowledgement of shortcomings indicates the reason why the resolution is needed. The consolidation of all twelve resolutions in one omnibus resolution is similar to the approach adopted effectively by the Security Council in Resolution 687, of 3 April 1991 imposing an assorted variety of obligations on Iraq in response to its war against Kuwait.

The Articles of each Resolution are commented upon as each separate resolution was considered. No additional comments are deemed necessary, particularly since the articles are intended as suggestions rather than definitive texts.

Even if it is recognized that the proposed new Security Council Regime for Peace would be a much better, easier and faster way to move toward a world of human dignity and security than any other pending proposal, one must still find the way to have such a plan accepted by the world community. It is to that problem that we now turn our attention.

[Source: Benjamin B. Ferencz, New Legal Foundations for Global Survival: Security Through the Security Council, Oceana Publications, Inc., 1994.]

Equipo Nizkor Editor's note: Excerpted from Chapter Eight "Twelve Security Council Resolutions for Peace: Their Justification and Substance" of the book by Benjamin B. Ferencz "New Legal Foundations for Global Survival: Security Through the Security Council".

NEW LEGAL FOUNDATIONS FOR GLOBAL SURVIVAL
Security Through the Security Council
By Benjamin B. Ferencz
Introduction By Professor Louis B. Sohn
Bibliography Compiled by Britt S.M. Kjolstad

Library of Congress Catalog in Publication Data
Ferencz, Benjamin B.
New Legal Foundations for Global Survival: Security Through the Security Council
ISBN: 0-379-21207-2

About the author:

Benjamin B. Ferencz, born in Transylvania and raised in New York, was graduated from the Harvard Law School in 1943. He saw military service in World War 11 where, as a war crimes investigator, he joined in the liberation of several German concentration camps. At the age of 27, he was designated the Chief Prosecutor for the United States in the Nuremberg war crimes trial against SS extermination squads responsible for the genocidal murder of over a million innocent people. His abhorrence of all crimes against humanity stimulated his determination to dedicate himself to seeking a world order where all could live in peace and dignity regardless of their race or creed.

Dr. Ferencz helped to fashion and implement German laws to compensate victims of Nazi persecution and directed a worldwide legal-aid network to assist survivors with their claims. He represented leading churches and charities helping the oppressed in many lands. He was elected a Vice-President of the American Society of International Law and was active in many peace and international law organizations. He became an Adjunct Professor at Pace Law School where he founded a Peace Center and taught "The International Law of Peace." He is an accredited non-governmental observer at the United Nations and is a frequent lecturer. He is married, has four grown children and lives in New Rochelle, New York. [Back]

Other books by Benjamin B. Ferencz

- Defining International Aggression - The Search for World Peace (2 vols., Oceana, 1975).
- Less Than Slaves: Jewish Forced Labor and the Quest for Compensation (Harvard, 1979). [German edition, Lohn des Grauens, Campus Verlag; 1981 Made into a TV Documentary. Japanese edition, Gaifu Sha, 1993]
- An International Criminal Court - A Step Toward World Peace (2 vols., Oceana, 1980).
- Enforcing International Law - A Way to World Peace, (2 vols., Oceana, 1983).
- A Common Sense Guide to World Peace (Oceana, 1985). German edition, Wege zum Weltfrieden, Campus Verlag, 1980.
- Planethood (With Ken Keyes Jr.) (Vision Books, 1988, revised ed. 1991).[French edition, Planethood ou les Citoyens du Monde, Les Editions Universelle du Verseau, 1989]
- World Security for the 21st Century, Editor, a Colloquium (Oceana 1991).

About the book

This book is a thoughtful, practical and above all, timely examination of how to promote peace and security in the world. It advances the proposition - once at the core of American foreign policy - that increasing the salience of international law can help to regulate and mitigate violence in the world. And it is our own best interests. It should be read by those who despair of finding any useful steps forward from a world of anarchy and ethnic turmoil.
Daniel Patrick Moynihan
Senior Senator from New York

This creative book proposes constructive legal and moral ways by which the United Nations can be effective in the world after the Cold War.
This volume is essential reading for every person who desires to be a moral architect of the new world based on the rule of law and human dignity.
Prof. Robert F. Drinan, S.J.
Georgetown University Law Center

Benjamin Ferencz's book stands out as one that is impressive, not only because of the depth of the analysis, or because of the daring of the proposals, but because the combination of both is so rare...It is required reading for anyone seriously interested in the policy implications of the end of the cold war.
Peter Hansen
The (Stockholm) Commission on Global Governance

In this book, Ben Ferencz continues his search for a new world order under law, offering novel but practical insights on everything from the meaning of sovereignty to overhauling the U.N. Charter. It is a book that no one interested in the future of the world order should be without.
Stephen C. McCaffrey,
Professor of Law, McGeorge School of Law Graduate & International Studies

I hope this book will be widely read, not only by legal scholars, but by thoughtful citizens in every field. In this book Ben Ferencz demonstrates that he is not only a scholar and visionary, but also a skilled architect of a peaceful future. The task remains to build upon his blueprint.
David Krieger
President
Nuclear Age Peace Foundation

A visionary scholar, Ben Ferencz presents a carefully crafted blueprint for global survival. Thoroughly researched, eloquently written with an historic context, the book is a crystallization of the author's idealistic -- and pragmatic - prescriptions for global peace and security with justice as its foundation. I consider it a masterpiece!
Prof. Ved P. Nanda
Director, International Legal Studies Program University of Denver

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01Jun1994

A Single Consolidated Resolution for Peace

[Source: Benjamin B. Ferencz, New Legal Foundations for Global Survival: Security Through the Security Council, Oceana Publications, Inc., 1994.]