XXV WFM Congress 2007 • Geneva

Commission 1: International Justice, Rule of Law and Human Rights

Compilation of Previous WFM Resolutions

relating to

Commission 1: International Justice, Rule of Law and Human Rights

(Congress 1995, 1998 and 2002)

Congress 1995 • San Francisco

Strengthening the Rule of Law and Human Rights

The resolution as amended was passed by 32 votes nem con

The Preamble to the UN Charter proclaims the need “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women” and the need “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained.”

The WFM has always stressed that for a democratic world government to exist, there must be separate institutions to legislate, interpret and enforce world law.

To this end, the existing international law must be strengthened, and ways should be found to develop existing international law toward world law based on democratic participation which would be applicable to the individual. This transformation of international law into world law is a subject demanding serious study.

The International Court of Justice is the crucial, if largely underused, institution for the development of world law.

We recommend that serious study be given to suggestions for the strengthening of this world court, including the wider use by the United Nations and citizen groups of advisory opinions of the Court, of expanding the use of arbitration by the court, and of national acceptance of compulsory jurisdiction.

WFM should continue to support the UN Decade of International law (1989 - 1999). WFM should work for a Third Hague Peace Conference in 1999 as the culmination of this Decade.

WFM should continue its leadership in the NGO Committee on the UN Sixth (Legal) Committee to monitor the development of international law within the UN system.

Human Rights as expressed in the Universal Declaration of Human Rights are an important basis of world law. WFM should participate in appropriate ways to promote human rights and to defend human rights when violated.

WFM should continue its support for the UN Decade for Human Rights Education, to promote a UN conference on the subject, and to develop educational materials to build awareness of the importance of human rights.

WFM should continue its involvement in the UN Decade of Indigenous People, drawing attention to the development of standards and norms for the rights of peoples.

WFM should continue its efforts for the creation of an International Criminal Court to try individuals accused of war crimes, genocide and other specific international crimes enumerated in the draft statute establishing the court.

The International Criminal Tribunals devoted to Yugoslavia and Rwanda should be followed closely so that lessons may be learned for the permanent International Criminal Court.

WFM should follow closely the developments of regional bodies of international laws such as the regional courts on human rights and the mechanisms for the judicial settlement of disputes within the Organization of Security and Cooperation in Europe. The relation between regional bodies and the World Court needs close examination. The possibility of a World Human Rights Court needs study.

WFM should study the role of international law in the peace-keeping, peace-building operations and peace-enforcement of the United Nations.

WFM should study all the appropriate ways in which WFM members can promote human rights, fundamental freedoms and the rule of law at all levels of government.

Violent Conflict

Resolutions passed as amended, passed by 29 votes nem con

This Congress,

horrifiedby the brutal resort to armed conflict in Chechnya, in Bosnia, and in other parts of the world;

conscious that flagrant violations of human rights and the rights of peoples in such conflicts are both evil in themselves and a source of future conflicts;

believing that the only sane response to armed conflict in a world filled with old antagonisms and new weapons is decisive intervention by the world community;

condemns not only those who instigate armed conflict but the inadequacy of the world community’s response;

Insists that the enormous threat to the survival of civilization by continued resort to armed force must be met by a truly commensurate effort to develop and use the tools and techniques of peaceful intervention and settlement and to empower the UN so that it can keep the peace;

Reiterates that World Federalists stand ready to participate in this massive and sustained effort by providing their particular perspective and knowledge in dealing with constitutional questions requiring new and creative federal structures.

Expresses its confidence that such conflicts indicate the need for a radical restructuring and empowering of the United Nations so as to make it more representative of peoples and responsive to the worldwide grass-roots intentions to federalize the Earth based on the fundamental principle of subsidiarity.

Congress 1998 • Chennai

The Rule of Law - Development of Global Citizenship and Protection of Human Rights through International Legal Instruments

Resolution was passed unanimously nem con

This Congress

Recognizes the essential unity of humankind.

Views all humans as members of a world community, and seeks to advance the means by which people can realize their rights and responsibilities as world citizens. We consider a democratically organized political community on the world level essential for the full development of each individual human being, regardless of their place in world society,

Reaffirms the importance of universal rights, and the need to broaden their applicability.

Recognizes a continuing priority to support the principles and elements of the International Bill of Human Rights (Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights, plus optional protocols);

And further recognizes that the international community’s uneven incorporation and application of these rights (e.g. insufficient adherence to Covenant on Economic, Social and Cultural Rights) is a continuing source of injustice,

Reaffirms WFM’s commitment to the progressive further development of international law,

Recognizes that, while the modalities of treaty making have changed little in recent years, regional and global interdependencies have increased the range and complexity of topics and issues which need to be addressed, to include for example: international criminal law, environmental law, space law, and legal regimes to regulate the global economy, such as trade law, international finance, and banking law and laws governing conduct of transnational corporations.

And this Congress calls upon the WFM:

To continue to build links with global citizens groups, and to support the development of norms around the concept of world citizenship with a view to their eventual legal acceptance by the international community,

On the occasion of the centennial of the First Hague Peace Conference, to support initiatives aimed at strengthening and expanding the role of the International Court of Justice, including wider acceptance by states of the Court's compulsory jurisdiction and use of advisory opinions,

To consider convening a working panel of international law experts to advise WFM (including member and associated organizations) and assist with policy development,

To continue as a matter of priority its work with the Coalition for an International Criminal Court by campaigning for universal ratification, and by staying engaged with the immediate construction of court procedures and institutions in the work of the UN Preparatory Commission and eventually the Assembly of States Parties,

To continue as a matter of priority its work providing leadership for the Hague Appeal for Peace civil society conference and follow-up programs.

Congress 2002 • London

The International Criminal Court

This resolution was passed unanimously nem con.

Recognizing the essential unity of humankind,

Notes that the ICC came into force on 1 July 2002 and that as of that date 76 states had ratified its statute;

Notes with satisfaction the role played by the World Federalists Movement as leader of the NGO Coalition for the International Criminal Court;

Recognizes that the ICC constitutes an essential component of a just democratic global society

This Congress calls upon the World Federalist Movement

To continue as a matter of priority its work with the NGO Coalition on the ICC and other international tribunals by:

Campaigning for universal ratification of the Court’s statute;

Campaigning for effective national ICC implementation legislation that facilitates state cooperation with the Court and provides for the prosecution of the crimes within the statute at national level;

Campaigning for the national legislation (under sub-paragraph 2 above) that provides for universal jurisdiction over the crimes under the ICC statute;

Opposing any efforts by any state to weaken the independence, effectiveness and credibility of the Court;

Opposing bilateral agreements under article 98 (2) of the Court’s statute, seeking to exempt nationals or soldiers of any country from the jurisdiction of the Court;

Urging the Assembly of States Parties to reach any early consensus on the definition of the crime of aggression and the conditions under which the Court shall exercise jurisdiction over it; to insist that such definition and conditions do not undermined the integrity of the court as an independent, credible and effective judicial body; including any role that may be given to the UN Security Council;

Urging the international community as represented by the UN to exert political goodwill to ensure that the Court is utilized to bring to justice perpetrators of the crimes within its jurisdiction; and

Urges voluntary financial contributions for the Court from private sources in accordance with the criteria adopted by the Assembly of States Parties.

Invoking the Rule of Law to Resolve the Arab-Israeli Conflict

This resolution was passed with nine opposed and one abstention

Noting World Federalist interest in promoting world peace through world law with justice; in promoting democratization throughout the world and in the responsibility of the world community through the United Nations to protect peoples at risk from crimes against humanity, and in empowering the United Nations as the central representative of the world community.

Whereas the application of the rule of law to conflict resolution is a world federalist imperative; and,

Whereas, the world community has established a substantial body of international lawin respect to Palestine since 1919; and,

Whereas this body of law includes the League of Nations Covenant, the Palestine Mandate, the United Nations Charter and its Trusteeship Council obligations, the Universal Declaration of Human Rights, the 1949 Geneva Conventions, as well as the 1949 Palestine Partition Plan and numerous General Assembly resolutions, notably 242; and,

Whereas these and other assertions of international law in sum represent a commitment to the non-Jewish people of Palestine to achieve self-determination; and,

Whereas for eight decades the world community, as represented by the League of Nations and later by the UN Organization, has failed to fulfill that commitment during which the Palestinian people have gravely suffered physical harm, material deprivation and widespread humiliation; and,

Whereas the remaining lands promised to the Palestinians have been occupied by Israel for thirty-five years, resulting in chronic conflict which has been capable of igniting a regional war; and,

Whereas the Israeli Government in recent years has pursued a confiscatory settlement policy in violation of the Fourth Geneva Convention; and,

Committed to maintaining the security and survival of the State of Israel, and to the establishment of an independent Palestinian state;

Now, Therefore, Be It Resolved That the WFM strongly urges the United Nations Security Council to assert its authority over the unresolved question of self-determination of the Palestinian people by

  1. Organizing an impartial, multilateral UN peacekeeping force to end the violence between the State of Israel and the people of the West Bank, Gaza and East Jerusalem and to interpose such forces as may be deemed necessary to prevent further conflict, including the prevention of terrorist acts upon civilians; and,
  2. Establishing a United Nations Transitional Authority to prepare the Palestinians territories for self-determination, including free elections, facilitation of a viable economic structure, and organization of the basic services required to run a modern state; and,
  3. Upon successful implementation of a general cease-fire and truce between the Palestinian and Israeli forces, the Security Council is called upon to direct the complete withdrawal of Israeli military forces from the Palestinian territories; and,
  4. Providing emergency aid for persons displaced by or injured in the recent conflict and funds for restoring the economic infrastructure in the West Bank and Gaza;

Be it Further Resolved, the new independent Palestinian state and the Government of Israel be directed to negotiate under UN mediation the final adjustments to their borders as close to those in effect before 1967 as may be practicable, while simultaneously resolving the remaining issues between the two parties, such as the removal of settlements from Palestinian territory, the determination of fair compensation to those Palestinians who fled from their homes between 1948 and 1967, and the general access by persons of any religious affiliation to the Holy sites of Jerusalem, Bethlehem, Hebron, etc. and,

Be it Further Resolved that the UN Security Council recommend that all UN Members make material contributions commensurate with their capabilities to the social, political and economic development of the new Palestinian state and its people, including to those refugees outside the territories of the forthcoming state; and,

Finally once it is satisfied that it no longer faces serious threats to its existence or its security, Israel is called upon to fulfill its negotiated commitments in respect to borders, settlements, and refugee compensation, while the new Palestinian state is called upon to agree to permanent peace with its Israeli neighbor, and to exercise its utmost vigilance in interdicting any individuals or groups seeking to resume violent behavior towards Israel.

Responding to the Threat of Terrorism

This resolution was passed with one opposed and two abstentions.

Whereas the events of September 11, 2001 demonstrate the alienation of certain networks of non-state actors from the norms of international law, and

Whereas the institutions currently available are as yet inadequate to prevent terrorism or to adequately address the root causes of terrorism,

Be it resolved that WFM and its Member Organizations and Associated Organizations should:

  1. Promote universal ratification of the ICC and the possible extension of its jurisdiction to explicitly cover acts of terrorism.
  2. Educate legislators, opinion leaders, journalists and others such as business leaders on norms of international law and on the nature of the crimes currently covered by the jurisdiction of the ICC.
  3. Develop programs to address the root causes of terrorism, including where possible, to engage local groups of world federalists and others in the CICC to directly implement the elements of UN programs of action that relate to root causes of terrorism.

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