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UFRGS Model United Nations 2006

General Assembly – Special Political and Decolonization Committee1

Dear Delegates,

The Special Political and Decolonization Committee’s (SPECPOL) Staff warmly welcomes you to the great experience that is UFRGSMUN. The Fourth Committee of the United Nations General Assembly has been successfully simulated in our last two editions and we have been dedicating ourselves for several months to achieve an even better result this year.

This session’s Agenda brings you two extremely interesting issues to discuss: Intelligence Agencies and International Peace and Security – Questions Related to Espionage (Topic A), and new Paradigms in International Security: Overseas Military Bases Realignment and Closure (Topic B).

SPECPOL’s Staff is composed by five competent students, who strongly believe in the importance of our simulation. Christian Perrone, Director, is a third-year student of UFRGS Law School. He was part of the UFRGSMUN’s 2005 Staff, and has attended several other Model United Nations around the country. Lucas Welter is the other Director. He attends UFRGS Architecture School and is also an experienced staff member: he has also worked as an ID Director at UFRGSMUN for three years and has attended other simulations around the globe. Camila Vicenci, Hendel Machado and Paula Torres are the Assistant-Directors. Camila is a fourth year Law student, and Paula and Hendel are fifth year students. They are part of UFRGSMUNS’s Staff for the first time, having attended other simulation as delegates.

1 We wish to thank all our friends, far or close to us, for all their help, understanding and ideas. And also thank those that have heard us all mumbling for months about this guide. And an especial thanks to Professor Marco A. C. Cepik for all its help and ideas regarding espionage. We are very thankful.

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We are sure you will enjoy this experience. We are doing our best in hopes that you achieve knowledge, diplomatice skills, and friendships, along with having fun!” It is important that you read the Study Guide carefully, but do not restrict your research to it. We strongly recommend you check the mentioned websites and bibliography, as well as search for information regarding your country’s position.

Please sign up for SPECPOL’s e-group (specpol_ufrgsmun2006@yahoogroups.com), so that you can keep in touch with your fellow delegates, as well as clear up any doubts with our Staff members. Moreover, remember to check the UFRGSMUN’s website, for news and updates on our committee.

We are thrilled to meet you and more than willing to help you with anything you may need! See you all in October!

Yours sincerely,

Christian Perrone Lucas Welter Director Director

Camila Vicenci Assistant-Director

Hendel Machado Assistant-Director

Paula Torres Assistant-Director

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INTRODUCTION SPECPOL’s General Background

The United Nations General Assembly (GA) elects all non-permanent members of the Security Council, members of the Economic and Social Council (ECOSOC) and judges of the International Court of Justice (ICJ). The GA also appoints the Secretary-General, on the recommendations of the Security Council (UNSC) and is responsible for the consideration and approval of the UN budget. It may also admit and expel Member States, also upon recommendation of the UNSC. The GA is composed by 192 Member States and a number of formally recognized observers. Every Member State, regardless of power or influence, political or social system, population or wealth, has a single vote in the General Assembly Plenary, as well as in the GA’s specialized Committees.

The GA may consider and make recommendations on any matter of international peace and security or otherwise within the scope of the UN Charter. It may also initiate studies and make recommendations that enhance ‘the realization of human rights and fundamental freedoms for all, and international collaboration in economic, social, cultural, educational and health fields’.2 Under this power, it has been responsible for the adoption of many instruments of international law, including agreements on the law of war, human rights and the environment. The Heads of Government of the world and the Secretary-General normally address to the GA’s at its opening session.

Due to the great variety of issues within the GA’s agenda, most items are referred to specialized committees for consideration. The Special Political & Decolonization Committee (SPECPOL - the Fourth Committee of the GA) was created in accordance with General Assembly Resolution 47/233, which was adopted on August 17th, 1993. The SPECPOL is a specialized sub-committee of the UN General Assembly and primarily concerns itself with political destabilization within or among member nations and discusses the questions that nations bring before the committee. It also deals with issues regarding United Nations peacekeeping missions and offers new solutions to age-old problems and conflicts; expressing its great importance in accordance with its strong moral appeal in the international scenario and within the UN System.

2 UN General Assembly 57th edition – About the General Assembly. Available at: http://www.un.org/ga/57/about.htm Last accessed: 20 July, 2006.

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TOPIC AREA A Intelligence Agencies and International Peace and Security – Questions Related to Espionage By Christian Perrone, Hendel Machado and Paula Torres.

1 HISTORICAL BACKGROUND

Espionage is a type of intelligence3 that has been used since ancient times. Egyptians, Macedonians4 and Romans made great use of spies, mostly for military reasons. Ancient Romans, for instance, had a rather developed intelligence network, based mainly on human intelligence. It even included the enemies’ bodyguards (responsible for frustrating the Caitline conspiracy5), as well as special agents called speculatores, whose tasks, besides delivering messages, included spying and even arresting suspects and executing detainees.

Espionage was basically limited to battlefield operations, up until the rise of feudalism, when it acquired a more political character, with feudal lords practicing espionage to increase their power and prestige before the monarchs.6

The advent of Modern National States brought about further organization of intelligence. Conflicts between the newly formed States and pre-existing units (Empires, City leagues, among others) burst everywhere and governors struggled to keep control over their territory and population, generating informational and coactive necessities.7 National intelligence

3 Intelligence Online Website. Available at: http://www.intelligenceonline.com/p_defaul t_list_art.asp?rub=chan_rub_ioa_politique. Last accessed: 15 May, 2006. 4 ARRAIAN. Anabasis of Alexander. Cambridge: Harvard University Press, 2004, P. 123. 5 “Toga and Dagger: Espionage in Ancient Rome”. Available at http://www.thehistory net.com/mhq/blespionageinancientrome/index2.html. Last accessed: 10 May, 2006. 6 More detailed descriptions of espionage and intelligence during Ancient and Middle Age can be found in LERNER, Adrienne. Espionage and Intelligence, Early Historical Foundations. Available at http://www.espionageinfo.com/Ep-Fo/Espionage-and-Intelligence-Early-Historical-Foundations.html. Last accessed: 23 April, 2006. 7 WATSON, Adam. Diplomacy: The Dialogue between States. New York: New Press:

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systems were created to fulfill these needs, acting upon three main domains: diplomacy, war and internal security.

Permanent diplomatic relations arose in Europe between XVI and XVII centuries and communication among chancelleries and embassies of different States was encouraged in order to obtain information not only from their enemies but from the international community overall.8

The birth of postal services, though responsible for a significant intensification in communications, also increased the exposure of classified information. This demanded offices specialized in cryptology (deciphering and decoding), also called black chambers.9 However, most of them were closed during the nineteenth century, partly due to the fact that society condemned the violation of regular people’s correspondence by the government.10 In that time, Spain and England’s11 relation was turbulent, due to King Philip II’s intentions regarding the throne and to English use of spies to obtain information on the Spanish “Armada” (naval force). This made it possible for England to estimate when and how an attack would occur, enabling a reaction which surprised and damaged the enemy fleet, contributing to their defeat.12

In spite of the importance of intelligence for diplomatic reasons, it was during wars when it was most used and noticed. During World War I, Germany and the United Kingdom made heavy use of intelligence and espionage, perpetrated by national and foreign agents.13 In the Second World War, the employment of intelligence was even heavier. Technology had evolved and signals intelligence was widely applied, also as was cryptography, particularly in the case of the enigma machine.14

In no other time in history, however, intelligence was more applied than during the Cold War.15 Among several episodes that involved great employment of intelligence and espionage, we can highlight the Cuban Missile Crisis, in 1962. Intending to protect the Soviet Union against an eventual attack, as well as in an attempt to prevent the United States from assuming superiority in missiles, Nikita Khrushchev decided to build a Soviet missile base in

McGraw-Hill Co., 1983, p. 96. 8 CEPIK, Marco A. C. Espionagem e Democracia. Rio de Janeiro: Editora FGV, 2003, p. 86/92. 9 The most famous was France’s Cabinet Noir, founded in 1590 by Henry IV. 10 TULLOCH, David. Black Chambers. Available at http://www.espionageinfo.com/Ba-Bl/Black-Chamber.html. Last accessed: 26 April, 2006. 11 Secret Intelligence Service website. Available at http://www.sis.gov.uk/output/ Page47.html. Last accessed: 26 April, 2006. Also, for more on Sir Francis Walsingham’s history, please check FREER, Alan. Francis Walsingham: Elizabethan Spymaster. Available at http://www.thehistorynet.com/bh/blelizabethanspymaster/ index.html. Last accessed: 26 April, 2006. 12 “The National Archives”. Available at www.nationalarchives.gov.uk/spies/spies/stan den.default.htm. Last accessed: 24 April, 2006. Also, please check http://www.fas.org/ irp/world/index.html for a complete list of intelligence agencies in different countries. 13 MI5 Website. Available at: http://www.mi5.gov.uk/output/Page397.htm. Last accessed: 20 May 2006. 14 MOMSEN, Bill. Codebreaking and Secret Weapons in World War II. Available at http://home.earthlink.net/~nbrass1/3enigma.htm. Last accessed: 10 May 2006. Also see http://www.codesandciphers.org.uk/enigma/, for a complete explanation on the enigma cipher machine. Last accessed: 15 May, 2006. 15 Further information on espionage during the Cold War can be found at the CNN website, http://www.cnn.com/SPECIALS/cold.war/experience/spies/isaacs/index.html. Last accessed: 26 April, 2006.

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Cuba. Shortly afterwards, John Kennedy, became aware of the situation by reconnaissance photographs obtained by the Air Force U-2 flights. Tension increased with the threat of a nuclear war, yet both States compromised and managed to solve it diplomatically.16

More recently, agencies have been directed mainly towards internal security. This character, which started with the French Revolution, when intelligence began being used to restrain the rebels, is now of utmost importance. It has ever since been connected to ideological and religious fights that usually generate instability in States and, thus, threaten their security.

Especially in the last two decades, organized crime has become so complex that intelligence agencies directed their main efforts towards working as an extension of the police, investigating drug trafficking and electronic crimes, among others.17 The 21st century brought about intense concern upon the question of terrorism, particularly after the September 11th terrorist attack, in New York, followed by similar episodes in Madrid and London, forcing agencies to focus their attention in this issue.18

2 STATEMENT OF THE ISSUE

Normally in natural sciences the quest for knowledge and information is a struggle with nature in itself. As concerning intelligence, in the words of Abram Shulsky, it is not this kind of battle; yet, it is a confrontation with the “human enemy that is fighting back”.19 This highlights the complexity of the matter, since it deals with States’ needs for collecting and analyzing information and also its necessity to protect those of their own.

Therefore, intelligence is not a kind of data such as those related to taxation or social security produced by any government;20 yet it is politically oriented to the understanding of the adversary and to the adoption of decisions towards the leading policies of the countries. Sherman Kent, in this sense, states that intelligence “is both the constructive knowledge with which we can work toward peace and freedom throughout the world, and the knowledge necessary to the defense of our country and its ideals.”21 This establishes that intelligence agencies deal with the pursuit of the objectives of the nations, making use of espionage, and secrecy in some ways.

16 “Cuban Missile Crisis: Fourteen Days in October”, available at http://library.think quest.org/11046/days/index.html. Last accessed: 26 April, 2006. Many other cases can be seen at “The Cold War Museum” website, http://www.coldwar.org. Last accessed: 26 April, 2006. 17 CEPIK, Espionagem e Democracia, p. 98 - 102). 18 For complete information on terrorism, please check the FAS Intelligence Resource Program, at http://www.fas.org/irp/threat/terror.htm. Last accessed: 18 May 2006. 19 SHULSKY, Abram N.; SCHMITT, Gary J.. Silent Warfare. Richmond: Bassey’s, 2002, p. 176. 20 HERMAN, Michael. Intelligence Power in Peace and War. Cambridge: Cambridge University Press, 2005, p. 1. 21 KENT, Sherman, Strategic Intelligence for American World Policy, quoting from SHULSKY, Abram, Silent Warfare, p. 169.

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2.1 The Dynamics of Intelligence

The dynamics of intelligence and espionage consist, in general,22 of two main parts: the collection and the analysis. The first deals with the ability to gather all data available concerning a specific subject of interest. And the second is related to the formation of a final product, with the understanding of what was collected, being a vision of the single-source means, or even the comprehension of this source, or the appreciation of all-sources together.

This happens because information is not always easy to grasp. Normally, there is a need to assess and estimate. A radio signal can be only another signal, but can also mean the discharge of radar of an adversary. To know the difference is an action of analysis.

2.2 Components of Intelligence23

2.2.1 The Human Component (Humint24)

Historically, the human aspect has always prevailed in Intelligence dynamics. During the 20th century and especially in the Cold War, however, there was a predominance of the components that involved technology, since they were supposedly more reliable, and seemed to have minor risks.25

Mainly, because humint relies on the agents themselves and on their sources, there can be many problems, since it is hard to know when and who to trust. The World War II (WWII) gives an extraordinary example with the “D day” and the invasion of Germany: The whole spy network of the Axis in the Great-Britain was controlled by the crown, which passed misleading information. Furthermore, the way to compel the sources to reveal secrets is normally not very trustworthy, since bribery and blackmail were the chief strategies altogether with ideology of course. This could lead to double-agents or to false data (“paper mil”).26

All this should lead to a stop in the usage of this kind of collecting capacity. However, even with those difficulties there are some abilities that cannot be substituted. Firstly, because all collection technology cannot assess the intention of adversary,27 it cannot understand what the latter would do in a particular situation, which inside agents could, at least, grasp more easily.

22 There are many divisions towards the dynamics of espionage and intelligence, however, this is comprehensive enough for our understanding of what is the activity itself. This division was extracted from HERMAN, Intelligence Power in Peace and War…, p. 39. 23 There is some dispute relating to the classification of the elements, but in essence they are the same. This classification can be found in SHULSKY, Silent Warfare…, p. 11 and following. 24 American jargon used to express the human intelligence. 25 HERMAN, Intelligence Power in Peace and War…, p. 63. 26 MELTON, H. Keith. Ultimate Spy. London: Dorling Kindersley, 2002, p. 11. 27 Of course it can estimate, and is what it usually does. However, the validity of a high-level defector – agent that was part of the staff of the enemy and leaves to join the other side – is enormous.

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Moreover, technology, because of the distance, can only capture what is there to be captured, and not documents or objects that are hidden, such as armament deposits.

2.2.2 The Technical Component (Techint)

Techint refers to those systems that use high technology instead of the human personnel to collect the necessary data. It is normally divided into at least two parts. The “sigint”, which means the capacity of collecting and analyzing data obtained through signals, such as radio signals, radar waves; and “imint” or “photint”, which collect and obtain the information from images taken by airplanes, satellites, and all kinds or recognition technology. Those structures have also their own possible flaws related to the capacity of the enemy to counter-balance their effect. As in the case of satellites, they have a maximum distance in which they can differentiate objects in the ground, and there is also their orbit that tends to be specific and can be discovered. There are also other minor sources of collection such as “nucint” – to detect some nuclear explosions – or “accustitint”– underwater sonic collection.28

2.3 Actions and Effects of Espionage

2.3.1 National Security and International Peace and Security

National security is rather relative and concerns many ideological issues. The concept of national security varies mainly within two bases. The first is the countries’ major ideas and values, those that have to be protected in the long term, as for example, democracy for the USA. The other, is in terms of the government of the day’s ideology, always bearing in mind, especially if it is a democracy, the concrete desires and necessities of the people. International peace and security, on the other hand, are more stable, since they are concerned with the sustainability of the system of states29 which is at stake.

Mostly the Charter of The United Nations already states those requirements, saying in its preamble that the UN will “save succeeding generations from the scourge of war”, by “reaffirming faith in the fundamental human rights, in the dignity and worth of the human person”. Therefore, a balance between the interests of the countries in making use of espionage and the risks to international peace and security that the latter can bring has to be settled, and the SPECPOL is a proper forum for this discussion.

2.3.1.1 Potentials and Threats (Boundaries)

The activity of espionage brings together a huge set of positive and negative interactions among nations. The constant friction among world powers brings the threat of war to our 28 HERMAN, Intelligence Power in Peace and War…, p. 78-79. 29 WIGHT, Martin. Systems of States. Leicester: Leicester University Press, 1977. p. 1254.

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minds. The Cold War, for instance, has set the most important example of this threat and the benefits that secret services and its activities can bring. The menace of nuclear war and the constant race for one country to be militarily superior has put the whole world into alert. Any espionage situation would be accompanied by response, which could damage the stable relations among the countries and put in danger any trust bonds already established.

Bringing this to today’s reality, where relations, for example, between the United States and China, India and Pakistan, North and South Korea, and many others, are at least in a not very trustworthy basis, the threats that any espionage activity brings are quite high. In 2001, the “crash” of an airplane from the United States with a Chinese one and the mere accusation of espionage have already brought fear that this incident could lead to war.

Furthermore, the legal pillars of the international society can be vulnerable and in a certain form exposed. Since the principles of Sovereignty and Equality of States,30 Non-Intervention31 and Self-Determination and also the rights of integrity and inviolability of territory32 can be defied by actions of espionage. An example can be a vessel that invades the territorial waters of a different nation, breaching many of the norms33 exposed before.34

As in the other side of the issue there are some problems of international interest that draw attention to the potentialities of espionage. In this path, the fight against terrorism and international organized crime, especially drug trafficking. The attacks in New York, Madrid and London show that no country is apart from being attacked or is fully prepared to respond to these acts.

Another important aspect to be dealt with is the assistance character that intelligence can have in peacekeeping operations35 and in creating more fertile grounds for the reliability of treaties, chiefly concerning non-proliferation of weapons – primarily those of mass destruction.36 Since intelligence can in a way enlighten the situation on the present area and establish some kind of certainty concerning the enforcement of treaties.

2.3.1.2 Human Security (Situation of the People)

The new balance power that was established with the end of Cold War and the past few years terrorist attacks appear to have changed the focus of espionage. This focus is no longer 30 BROWNLIE, Ian. Principles of Public International Law. Oxford: Oxford University Press, 2004, p. 105. A breach in the principle of sovereignty - infra note 32 - concerning a specific right can raise the right to self-defense and self-preservation. CHENG, Bin. General Principles of Law as applied by International Courts and Tribunal. Cambridge: Grotius Publications Limited, 1987, p. 92. 31 This principle is part of the corollary sovereignty, as also is jurisdiction over territory and dependence of obligations arising from customary international law. See this in BROWNLIE, Principles of Public International Law…, p. 287. 32 Those rights are part of the corollary of rights that come from sovereignty over territory. See further in: BROWNLIE, Principles of Public International Law…, p. 137. 33 Here, ‘norm’ is understood in a general sense, meaning any law, principle, or even obligation. 34 Many international cases discuss breaches to the principle here expressed, such as Corfu Channel Case (UK v. Albania) and Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. USA). 35 Barahimi Report. Available at: http://www.un.org/peace/reports/peace_operations/ Last accessed: 15 May 2006. 36 United Nations Website. Available at: www.un.org /Depts/dda/WMD/treaty Last accessed: 15 May 2006.

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committed only to the analysis of the States and their institutions, but also to the individuals themselves and not only as parts of organizations.

Being so, there is a constant menace or threat to the human integrity and dignity, since the importance of national and international security seems to surpass the rights of the ones targeted by the operations. Projects of surveillance and legislation reform aim at diminishing the barriers for the possible abuses of the instituted power.37

The well and long time recognized human rights such as the right to privacy and freedom of speech38 are put aside, for instance, with justifications of national security needs. It is true that there is a necessity of security and that there are threats to it. Nonetheless, human rights have to be protected at least a minimum standard, for a State not to cross the line of human dignity. 39

The SPECPOL is not expected to agree on human rights, but to express an opinion on criteria and patterns on which intelligence should or even should not act. The Committee is expected to indicate where is the line of public interest (of intelligence) and where is the one of personal interests (privacy) And shall also set an opinion on whether surveillance40 should be solely restricted to determined actions or should respond to any possible threat.41 In short, which is the standard for intelligence to be applied were the personal lives of peoples are involved.

2.3.2 Intelligence Reliance

As Clausewitz states in his book On War, “most intelligence is false”.42 The reliance of the data obtained through the intelligence channels is never completely safe. From the very essence of dealing with the human element it is opened to flaws, since people make mistakes and are not completely trustworthy.

Intelligence failures come normally from the very dynamic of intelligence: collection and analysis. Errors in the gathering of information are most commonly from the sources of the collection itself, either from the degree of protection, from the object in analysis or from the very object that delivers the information.43 On the other hand, as says Shulsky, analysis

37 An interesting example of this kind of wave is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act.) that extends the rights to investigate and law enforce when concerning terrorism. 38 Recognized , for example, in the Universal declaration on Human Rights (articles 12 and 19), also in the International Covenant on Civil and Political Rights (art. 19), and the European Convention on Human Rights (art. 8 e 10). 39 European Parliament: Report on the existence of a global system for the interception of private and commercial communications (ECHELON interception system) (2001/2098(INI)), p. 83 and on. See also: http://www.cyberrights.org/reports/echelon _ya.htm Last accessed: 15 May 2006. 40 FAS Website. Available at: http://www.fas.org/irp/nsa/standards.html. Last accessed: 15 May 2006. 41 SHULSKY. Silent Warfare…, p.149. 42 CLAUSEWITZ, Carl Von. On War. Princeton: Princeton University Press, 1976, p.117. 43 Mainly because the agents have to rely on the people that inform, and normally to have access to it they have to bribe or to deal with double-agents.

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failures come from the misunderstandings regarding the situation and from disorder in the process of analysis.

In the other side of the path is Kent, which says the instincts and intuitions of leaders44 are not grounds for political decisions. Yet, intelligence, which is an instrument of reason and scientific thought, can be a much better guide for taking such measures.45

3 PAST INTERNATIONAL ACTION

The situation of Espionage has hardly ever been addressed in the international scenario, which does not mean that there are no limits or regulations for those acts. The international community has in many occasions set an opinion regarding the threats of situations like the ones of espionage. Therefore, in order to properly assess the issue, this session will briefly analyze some of the most significant actions taken in the international field considering intelligence.

3.1 Territory and Sovereignty

Regarding the Sovereignty of States and their rights, many countries have joined together to establish border limits and prevent actions of espionage which could threat the world security and peace.

3.1.1 The Air 3.1.1.1 Sky

The international community, bearing in mind that some situations of intelligence gathering can be important measures to build trust among nations, specially regarding respect for international agreements, such as cease-fires46 and arms control,47 and that they can foster security in the world, has already established treaties in the area.

One significant example is the Open-Skies Treaty. It was, firstly, a proposal of President Eisenhower to the USSR in the Geneva Conventions of Heads of Government, which was

44 HERMAN, Intelligence Power in Peace and War…, p. 137. 45 KENT. Strategic Intelligence for American World Policy, quoting from HERMAN, Intelligence Power in Peace and War…, p. 138. 46 An example is the Yon Kippur war’s cease-fire where the US was responsible to verify if the countries were abiding or not - Sinai II Agreement (1975). See in: HERMAN, Intelligence Power in Peace and War, p. 156. 47 See the evolution in the treaties SALT (Strategic Arms Limitation Talks) I and II, START I and II (Strategic Arms Reduction Treaty), INF (Intermediate-Range Nuclear Forces Treaty). See also: HERMAN, Intelligence Power in Peace and War, p. 158-163.

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strongly refused by the Soviets in the basis that the ‘real effect would not be great’48 since their territories were immense and both countries could easily hide their facilities. With the End of Cold War, in 1992, the Open-Skies Treaty was signed.49

3.1.1.2 Outer-Space

With the shooting down of an U-2 aircraft from the USSR, there was a need to find other forms of comprehending the ‘status’ of the arms in the Soviet Union. Due to that, the development and production of satellites was stimulated. Countries started then to dispute the outer space: was it a continuation of sovereign territories or a free area like the high seas? After some quarrel, the Soviet Union and the US tacitly agreed that it was not object of dispute and did not complain about any violation of the outer space.50

3.1.2 The Sea

The changing scenario of the seas during and especially after the two World Wars has lead to the restructuring of the seas’ regulation. The United Nations Conference on the Law of the Seas (UNLOS)51 sets most of the controversies, establishing proper definitions for the rights of passage and their procedures.52 However, there are still disagreements considering the limits in intelligence gathering.53 Most developing countries stated that many mechanisms for sharing the natural benefits of the sea, among them scientific research, could lead to intelligence collection and to a threat to national security.54 In the other hand, some developed countries tend to argue that the necessity to document every movement of the vessels and to report all their activities and the possibility for every country to establish laws concerning the possibility of passing across its waters55 can be very damaging for their security and for their foreign policies.56

Today, with the threat of terrorism and the possibility for the US to enter in the Convention – since Bush’s Administration supports the ratification-, there is a need to settle those controversies.57 Therefore, the international community has started some actions towards this

48 Speech of Premier Bulganin in United Nations Institute for Disarmament Research: Open Skies – A Cooperative Approach to Military Transparency and Confidence Building, p. 20. (UNIDIR/2004/18). 49 This treaty is related to the possibility of in a scale the parties make recognizance flights over each other and to share the collected material among all members. 50 HERMAN, Intelligence Power in Peace and War, p. 158-163. 51 United Nations Convention on the Law of the Sea (UNCLOS), entry into force November 1994. Available at: UN, Oceans and Law of the Seas: http://www.un.org/Depts/los/index.htm 52 BROWNLIE, Principles of Public International Law…, p.186. 53 Even during the debate of the conventions, there were disputes on this topic. 54 United Nations Website: http://www.un.org/Depts/los/convention_agreements/convention_historical_perspective.htm#Marine%20Scientific%20Research Last access: July 12 2006. 55 Those two necessities are consequences of the situation in which is considered innocent passage, specially article 19 of 1982 UNCLOS. 56 US president Ronald Reagan was an important opposition to the treaty. 57 China, due to its energetic necessities, is also very interested consolidating the stability of the seas.

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settlement as the Bali Dialogue, which tries to settle some international patterns for intelligence gathering in the Exclusive Economic Zone (EEZ).58

3.2 Human Security

The rights of people have gained a whole new perspective in the last century. Espionage and its human component and influence on people’s lives could not be left without being at least indirectly regulated.

The threats to national and international security are even more connected with small groups of men which are not trained nor carry heavy weapons, yet can cause relevant destruction. This scenario leads many intelligence agencies to focus on surveillance of people’s lives and actions. In this sense, invasion of people’s privacy and restriction of their access to information are very plausible acts.59 In order to prevent this from happening, there are international instruments which recognize the inherent human rights to enjoy freedom of information and privacy.

Also, countries discuss which should be the standard for allowing investigation and surveillance over their citizens. The United States Foreign Surveillance Act (1978) embraces a form of criminal standard,60 and Canada,61 also does the same. The US, now, as a pattern for terrorist acts, has the Patriot Act, which establishes mere accusation as a possible cause for an investigation.62

As regarding humint, spies, the situation depends on the ‘status’ of the person and the State where he or she was arrested. If this person was a diplomat or any member of a mission, he/she would be covered by immunity of jurisdiction, and by that can only be considered ‘persona non grata’ and be invited to leave the country.63 If the spy does not have any relation with diplomatic missions, he/she will be subjected to the law of the country, which can mean life in prison or even death.

However, both situations have in common that they can be considered breaches of International Law such as the principle of non-intervention and generate international responsibility. A case which illustrates this issue is the Rainbow Warrior Case. Agents of

58http://www.eastwestcenter.org/stored/pdfs/BaliDialogue.pdf#search=%22Draft%20Guidelines%20for%20Military%20and%20Intelligence%20Gathering%20Activities%20in%20the%20EEZ%E2%80%9D%20Dr.%20Hasjim%20Djalal%22 Last accessed: 21 August 2006. See also: http://article.chinalawinfo.com/article/user/article_display.asp?ArticleID=31604 Last accessed: 19 August 2006. 59 The Echelon Project can be seen as a possible example of this kind of actions. See supra note 40. 60 SHULSKY. Silent Warfare…, p.148. 61 Canadian Security Intelligence Act (1984) Can be found at: www.csis-scrs.gc.ca/end/act/csisact_e.html 62 See supra note 38. 63 Vienna Convention on Diplomatic Relations, done at Vienna on 18 April 1961, articles 22, 29, 31; Vienna Convention on Consular Relations, done at Vienna on 24 April 1963. See also: Convention Respecting The Laws And Customs of War on Land Hague Convention 1907, art 29 ss, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1) Adopted on 8 June 1977 by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts entry into force 7 December 1979.

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France – caught in a covert action in New Zealand – were sentenced to three years in prison on a military base and the payment of sum as responsibility for their wrongful act.

3.3 Special Circumstances

3.3.1 Terrorism

As stated before, the recent terrorist attacks have generated profound changes in the dynamics of States regarding intelligence services and actions. Some countries now advocate cooperation between intelligence agencies and are now open to multilateral operations. The UK, for instance, has sent a proposal for the US to interconnect their agencies and cooperate regarding this affair.64

This threat also helped intelligence programs of cooperation in international organizations, such as NATO, to develop more important roles. Since the action in Kosovo, NATO had been discussing more effective approaches regarding sharing of information; those attacks served to raise this problem to its importance.65

3.3.2 Peacekeeping Operations and Military Information

Peacekeeping operations since the 1990’s have become more complex and an evaluation was necessary. This came in the form of a report analyzing the failures and accomplishments and stating recommendations for the future.

The Brahimi Report states that in order for peacekeeping operations to be more efficient they need to have ‘sharper tools to gather and analyze relevant information’.66 However, this was not discussed properly in the UN and still now, debate on the subject is not very easy among the state members.67 Yet, the report of the OIOS from 2005 states that ‘intelligence operations are integral to peace keeping’ and by that should be properly addressed.68

4 BLOC POSITIONS

64 United Kingdom Parliament, Open Discussion: Counter-Terrorism Powers: Reconciling Security and Liberty in an Open Society Available at: http://www.archive2.officialdocuments.co.uk/document/cm61/ 6147/6147. pdf. 65 EVERETT III, James R. NATO's New Strategic Concept, Kosovo and the Implications for Intelligence http://www.stormingmedia.us/58/5847/A584773.html Last access: August 22, 2006. 66 UN General Assembly and Security Council, Report of the Panel on United Nations Peace Operations (BrahimiReport), (A/55/305-S/2000/809). 67 DURCH, William J., HOLT, Victoria K., EARLE, Caroline R. SHANAHAN, Moira K. The Brahimi Report and the Future of UN Peace Operations. Henry L. Stimson Center, 2003. Available: stimson.org 68 UN General Assembly, Report of the Office of Internal Oversight Services on the review of the effectiveness of military information management in United Nations peacekeeping operations. (A/60/596)

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4.1 Advanced Intelligence Countries69

Advanced intelligence is present in countries that are part of the elite in information agencies which have a superior amount of resources. Those nations, before September 11, were not very willing to share information - cooperation was only strategic and circumstantial. Nowadays, this seems to be changing, once the terrorist menace called for integration.

The United States, which is always concerned about democracy and freedom, believes that surveillance is no longer enough, that actions are meant to be taken. The principle of integration is the new proposal for domestic and foreign US Intelligence. Agencies, such as the FBI and the CIA, operate together in order to inform the US President, regardless of political interpretation, and to eliminate any threats. The US, in this sense, is willing to establish new intelligence relationships in order to achieve global security.70

The United Kingdom, also a major target for terrorists, focuses its worries in international terrorism. Weapons of mass destruction are also a major issue, since they are a menace to world security. Against terrorism, UK has created the Joint Terrorism Analysis Center (JTAC), which works in cooperation with police, intelligence agencies and the government. Regarding September 11, UK sent several reports71 to the US government, proposing cooperation and even interconnection between intelligence agencies in order to fight against this affair.72

The Russian Federation states, in its practice, the importance of intelligence. With the end of the Soviet Union and the glasnost, Russia has established a more open policy towards intelligence. The Foreign Intelligence Service (SVR) and the Federal Security Service (FSB), as mostly civilian agencies, tend to cooperate in the global scenario primarily concerning terrorism, weapons of mass destruction and traffic of weapons. There is also the Main Intelligence Directorate which is military related and connected with the gathering and usage of information.73

The People's Republic of China, on the other hand, operates in a very particular system. The Ministry of State Security collects information through a wide network of agents, in a strategy of expanding the single-source collection. China also has a major inner security system, provided by the People's Armed Police that operates in military standards and it is under the command of the Ministry of State Security. China has made no efforts to cooperate in international level and is not intensely alarmed with terrorism.74

69 This division is only for didactic purposes and intends solely to the better comprehension of the situation of the countries in study. 70Director of National Intelligence Website. Available at: http://www.dni.gov. Last accessed: 20 May 2006. 71 Congress Report (Order Code RL31920): Domestic Intelligence in the United Kingdom: Applicability of the MI-5 Model to the United States. Available at: http://www.fas.org/irp/crs/RL31920.pdf. 72MI5 Website. Available at: http://www.mi5.gov.uk. Last accessed: 20 May 2006. Foreign and Commonwealth Office. Available at: http://www.fco.gov.uk. Last accessed: 20 May 2006. See also: United Kingdom Parliament, Open Discussion: Counter-Terrorism Powers: Reconciling Security and Liberty in an Open Society Available at:http://www.archive2.official-documents.co.uk/document/cm61/6147/6147. pdf. 73Argentura Website. Available at: http://www.agentura.ru. Last accessed: 20 May 2006. 74Global Security Website. Available at: http://www.globalsecurity.org/intell/ world/china/mss-ops.htm Last accessed: 20 May 2006.

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Israeli intelligence is basically divided in 3 agencies: the Mossad, the Shabak and the Aman. Those organizations act in the field of anti-terrorist activities and, in some cases, in the elimination of political obstacles. The Arab affairs are their main concern and their survival in the region is the main goal. In this sense, international cooperation can be an interesting instrument.75

4.2 Moderated Intelligence Countries

These nations have a considerable level of organization and information access, yet not available to all, and often prioritize the use of intelligence for defense measures. They usually cooperate with each other through strategically gathering and sharing information in order to achieve their objectives. Furthermore, they assist the intelligence advanced ones in multilateral treaties.

The countries of the European Union, as a whole, tend to be concerned with the threat that individuals or small groups can cause to the security of the nations, and also with international trafficking and the proliferation of nuclear weapons. To counter that, European Union countries are very likely to cooperate with other nations, creating a coordinated environment of shared information.76 Most of those countries are part of NATO and share their military information in this forum seeking to make the world safer.77 Germany is especially interested in protecting its technological developments, particularly those related to chemical, biological and nuclear knowledge – generally militarily connected.78 Spain, for having been a historical target (ETA and Madrid, 11 March 2004), strongly supports the quest against terrorism.79 France, in its turn, also has worries linked to this major threat. However it is concerned with reliance of data obtained though intelligence and the actions taken based on that. 80

4.3 Least Developed Intelligence Countries

Nations with light intelligence are focused mainly on solving their own internal security issues. Their positions vary, but international security is not an agenda for their agencies. The threats consist of their not always friendly relations with neighbors and of economic

75Ministry of Foreign Affairs - http://www.mfa.gov.il/MFA. Last accessed: 20 May 2006. The Mossad Website. Available at: http://www.mossad.gov.il/Mohr/MohrTo pNav/MohrEnglish/MohrAboutUs. Last accessed: 20 May 2006. Israel Intelligence and Security Website. Available at: http://www.espionageinfo.com/Int-Ke/Israel-Intelligence-and-Security.html. Last accessed: 20 May 2006. 76 European Parliament, Report on the existence of a global system for the interception of private and commercial communications (ECHELON interception system), 2001. Available at: http://www.ciaonet.org/cbr/cbr00/video/cbr_ctd/cbr_ctd_22.html. Last accessed: 22 April, 2006 77North Atlantic Treaty Organization Website. Available at: http://www.nato .int/docu/basictxt/b021122e.htm. Last accessed: 14 May 2006. 78Federal Office for the Protection of the Constitution – Germany – Website. Available at: http://www.verfassungsschutz.de. Last accessed: 20 May 2006. 79Centro Nacional de Inteligencia – Spain – Website. Available at: http://www.cni.es. Last accessed: 20 May 2006. 80French Prime Minister Website. Available at: http://www.premier-ministre.gouv.fr/en. Last accessed: 20 May 2006.

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instability. Normally they make bilateral agreements in order to solve their lack of intelligence capabilities.

Latin America, due to its past of military governments, has intelligence systems working in an ideological pursuit. Brazil, through its main agency, ABIN – Brazilian Agency of National Intelligence -, conducts activities in order to avoid political insurrection.81 In the other side, there is Venezuela’s intelligence (Dirección de los Servicios de Inteligencia y Prevención - Directorate of Intelligence and Prevention Services, DISIP), which cooperates with Cuba's one (Directorate General of Intelligence - DGI), which still maintains an association with Russia.82

Since Japan has rejected its right to war since World War II, most of its intelligence is based on civilian self-defense institutions. Japan's main intelligence agency is a small office called Naicho and has its defense system as part of a bilateral treaty with the U.S. Government.83

The intelligences of India and Pakistan are focused, primarily, on one another due to their dispute over Kashmir. Their attention is mainly drawn in respect to nuclear weapons and, by that, to non-proliferation measures.84 Pakistan’s Intelligence has formerly taken dubious actions, sometimes offering protection and tolerance to terrorist groups and in others helping the CIA to arrest them– such has happened in the War against Afghanistan.

African countries, in general, tend only to suffer the effects of intelligence, since most of them have underdeveloped or no intelligence systems.85 Egypt is a strong example of a country that opposes to international interference, as in case of War in Afghanistan, when it was against the invasion.86

5 QUESTIONS TO PONDER

Bearing in mind the utmost role of intelligence and especially of espionage in contemporary international politics, SPECPOL is called to set an opinion towards the proposed topic, reflecting about the following suggested questions and any other relevant issues:

81 Brazilian Intelligence Agency Website. Available at: http://www.abin.gov.br. Last accessed: 20 May 2006. 82Report on the existence of a global system for the interception of private and commercial communications (ECHELON interception system) (2001/2098(INI)), p. 78. 83 Japan Defense Agency Website. Available at: http://www.jda.go.jp/e/index_.htm. Last accessed: 20 May 2006. Ministry of foreign affairs Website. Available at: http://www.mofa.go.jp. Last accessed: 20 May 2006. 84 Indian Military Websites. Available at: http://www.bharat-rakshak.com. Last accessed: 20 May 2006. Indian Defense Review Website. Available at: http://www.bharat-rakshak.com/LANCER/idr00001.htm. Last accessed: 20 May 2006. 85 South Africa's Defense Department Website. Available at: http://www.dod.mil.za/. Last accessed: 20 May 2006. 86Egypt Intelligence and Security Website. Available at: http://www.espionageinfo.com/Ec-Ep/Egypt-Intelligence-and-Security.html. Last accessed: 20 May 2006.

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5.1 Is espionage positive? Is it necessary? Is it useful? In what way can sovereignty and espionage be balanced in relation with the principle of territorial integrity and inviolability?

5.2 How to maintain peace and security with espionage? What are the proper measures to avoid instability?

5.3 Is the fight against terrorism a legitimate justification for espionage? And international organized crime and arms control? What alternative courses of action can be taken to avoid the usage espionage?

5.4 Does espionage threaten human rights? Do security threats justify human rights abuses? Do they justify breaches to international law? Where is the line between interests of the States and people’s interests? What are the effects of espionage? What can legitimize acts of espionage?

5.5 Is espionage necessary for peacekeeping operations, especially the active ones? Does it help? Does not it impose a threat? Can espionage create an environment of trust among nations? Can it, in this sense, generate instability? In what terms?

5.6 Is the information gathered through espionage relevant for taking political decisions? Is it not deceiving? Can a country rely solely on it to take measures? Even for war purposes?

5.7 How can espionage contribute to more secure actions for the people involved and for the world? Is cooperation a good strategy?

These are just preliminary questions to help you better study and prepare for well defending your country at UFRGSMUN. We sincerely hope they can be the starting point of a successful preparation.

6 REFERENCES

6.1 Books and Articles

ARRAIAN. Anabasis of Alexander. Cambridge: Harvard University Press, 2004, P. 123.

BROWNLIE, Ian. Principles of Public International Law. Oxford: Oxford University Press, 2004.

CEPIK, Marco A. C. Espionagem e Democracia. Rio de Janeiro: Editora FGV, 2003, p. 86/92.

CHENG, Bin. General Principles of Law as applied by International Courts and Tribunal. Cambridge: Grotius Publications Limited, 1987.

CLAUSEWITZ, Carl Von. On War. Princeton: Princeton University Press, 1976.

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HERMAN, Michael. Intelligence Power in Peace and War. Cambridge: Cambridge University Press, 2005.

MELTON, H. Keith. Ultimate Spy. London: Dorling Kindersley, 2002.

SHULSKY, Abram N.; SCHMITT, Gary J.. Silent Warfare. Richmond: Bassey’s, 2002.

WATSON, Adam. Diplomacy: The Dialogue between States. New York: New Press: McGraw-Hill Co., 1983, p. 96.

WIGHT, Martin. Systems of States. Leicester: Leicester University Press, 1977. p. 1254.

6.2 Articles from the Internet

FREER, Alan. Francis Walsingham: Elizabethan Spymaster. Available at http://www.thehistorynet.com/bh/blelizabethanspymaster/ index.html. Last accessed: 26 April, 2006.

LERNER, Adrienne. Espionage and Intelligence, Early Historical Foundations. Available at http://www.espionageinfo.com/Ep-Fo/Espionage-and-Intelligence-Early-Historical-Foundations.html. Last accessed: 23 April, 2006.

MOMSEN, Bill. Codebreaking and Secret Weapons in World War II. Available at http://home.earthlink.net/~nbrass1/3enigma.htm. Last accessed: 10 May 2006.

TULLOCH, David. Black Chambers. Available at http://www.espionageinfo.com/Ba-Bl/Black-Chamber.html. Last accessed: 26 April, 2006.

“Cuban Missile Crisis: Fourteen Days in October”, available at http://library.think quest.org/11046/days/index.html. Last accessed: 26 April, 2006.

“Toga and Dagger: Espionage in Ancient Rome”. Available at http://www.thehistory net.com/mhq/blespionageinancientrome/index2.html. Last accessed: 10 May, 2006.

6.3 UN and International Organizations/Institutions Documents

Barahimi Report. Available at: http://www.un.org/peace/reports/peace_operations/ Last accessed: 15 May 2006.

Congress Report (Order Code RL31920): Domestic Intelligence in the United Kingdom: Applicability of the MI-5 Model to the United States. Available at: http://www.fas.org/irp/crs/RL31920.pdf.

EUROPEAN PARLIAMENT. Report on the existence of a global system for the interception of private and commercial communications (ECHELON interception system) (2001/2098(INI)), 2001.

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Report on the existence of a global system for the interception of private and commercial communications (ECHELON interception system) (2001/2098(INI)), p. 78.

6.4 Websites Consulted

Argentura Website. Available at: http://www.agentura.ru. Last accessed: 20 May 2006.

Brazilian Intelligence Agency Website. Available at: http://www.abin.gov.br. Last accessed: 20 May 2006.

Centro Nacional de Inteligencia – Spain – Website. Available at: http://www.cni.es. Last accessed: 20 May 2006.

CNN Website, http://www.cnn.com/SPECIALS/cold.war/experience/spies/isaacs/index .html, Last accessed: 26 April, 2006.

Cyber-Rights & Cyber-Liberties Website. Available at: http://www.cyber-rights.org/reports/echelon_ya.htm. Last accessed: 15 May 2006.

Director of National Intelligence Website. Available at: http://www.dni.gov. Last accessed: 20 May 2006.

Egypt Intelligence and Security Website. Available at:

http://www.espionageinfo.com/Ec-Ep/Egypt-Intelligence-and-Security.html. Last

accessed: 20 May 2006.

FAS – Federation of American Scientists: http://www.fas.org Last accessed: 20 May 2006.

Federal Office for the Protection of the Constitution – Germany – Website. Available at: http://www.verfassungsschutz.de. Last accessed: 20 May 2006.

Foreign and Commonwealth Office. Available at: http://www.fco.gov.uk. Last accessed: 20 May 2006.

French Prime Minister Website. Available at: http://www.premier-ministre.gouv.fr/en. Last accessed: 20 May 2006.

Global Security Website. Available at: http://www.globalsecurity.org/intell/world/china/mss-ops.htm Last accessed: 20 May 2006.

Indian Defense Review Website. Available at: http://www.bharat-rakshak.com/ LANCER/idr00001.htm. Last accessed: 20 May 2006.

Indian Military Websites. Available at: http://www.bharat-rakshak.com. Last accessed: 20 May 2006.

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Intelligence Online Website. Available at: http://www.intelligenceonline.com/p_default_list_art.asp?rub=chan_rub_ioa_politique Last accessed: 15 May, 2006.

Israel Intelligence and Security Website. Available at: http://www.espionageinfo.com /Int-Ke/Israel-Intelligence-and-Security.html. Last accessed: 20 May 2006.

Japan Defense Agency Website. Available at: http://www.jda.go.jp/e/index_.htm. Last accessed: 20 May 2006.

MI5 Website. Available at: http://www.mi5.gov.uk. Last accessed: 20 May 2006.

Ministry of Foreign Affairs - http://www.mfa.gov.il/MFA. Last accessed: 20 May 2006.

Ministry of foreign Affairs Website. Available at: http://www.mofa.go.jp. Last accessed: 20 May 2006.

Mossad Website. Available at: http://www.mossad.gov.il/Mohr/MohrTopNav/MohrEnglish/MohrAboutUs. Last accessed: 20 May 2006.

North Atlantic Treaty Organization Website. Available at: http://www.nato.int/docu/ basictxt/b021122e.htm. Last accessed: 14 May 2006.

The Cold War Museum website. http://www.coldwar.org. Last accessed: 26 April, 2006.

The National Archives. Available at www.nationalarchives.gov.uk/spies/spies/stan den.default.htm. Last accessed: 24 April, 2006.

UK Secret Intelligence Service website. Available at http://www.sis.gov.uk/output/ Page47.html. Last accessed: 26 April, 2006.

South Africa's Defense Department Website. Available at: http://www.dod.mil.za/. Last accessed: 20 May 2006.

United Nations Website. Available at: www.un.org. Last accessed: 15 May 2006.

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TOPIC AREA B New Paradigms in International Security: Overseas Military Bases Realignment and Closure By Camila Fernandes, Christian Perrone and Hendel Machado.

1 HISTORICAL BACKGROUND

Military bases are not a recent mechanism of strategy, whether used for pure military strategic matters or to safeguard political interests in a specific region. The Roman Empire has made large use of them in order to reach hegemony, especially in the later provinces such as Britain. It helped on keeping control over the area and at the same time allowed the local population to maintain some degree of sovereignty and autonomy.87

Centuries later, the United Kingdom established an admirable number of overseas bases, both in the colonies or in other countries, dominating the international scenario of the 19th century.88 This situation lasted till the end of the Second World War, when the UK completely lost its hegemony and the United States of America established a large system of military bases. On the eastern side of the globe, the U.S.S.R, one of the allied forces in WW II, started spreading its power as well. The Russian military past was based on a history of military defense,89 making use of its vast territory against the invasion of other nations.90 Such tendency continued after the Communist Revolution, in the German-Russian confrontations of

87 MAGDOFF, Harry; FOSTER, John Bellamy; MCCHESNEY; Robert W. and SWEEZY, Paul. U.S. Military Bases and Empire. Monthly Review, Vol. 53, N. 10, 2002. 88 HARKAVY, Robert. Great Power Competition for Overseas Bases. New York : Pergamon Press, 1982, p. 33. 89 ZANT, Royce D. Soviet National Strategy. Available at: http://www.globalsecurity.org/military/library/report/1989/ZRD.htm Last accessed: September 18, 2006. 90 LIDDELL HART, B. H. History of the Second World War. New York: Da Capo Press, 1999, p.25.

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1914-18 and 1941-45.91 After that, however, the soviet military strategy became more and more offensive, resulting, decades after, in a vast system of military bases spread all over Eastern Europe, Southern Asia and even 45 minutes away from the United States, in Cuba.9293

This offensive tactic was related to the Cold War, in which military bases became a key aspect in both American and Soviet plans, aiming at the safeguard of their countries security.94 Its roots lie in the doctrine known as the “mutual deterrence”, also known as mutual assured destruction. President Ronald Reagan once defined it: a doctrine in which the adversary “concludes that the risks to him outweigh any potential gains.”95 This meant that the actions were thought and performed in order to defeat a “known enemy in a predictable situation”, trying to “strangle” the rival side.96 Therefore, overseas facilities made an enormous comparative advantage.97

However, in 1989, the Soviet regime collapsed, and the situation of duality and instability ended – at least in its appearance, leading to the beginning of the edification of a New Order under the command of economic blocks, such as NAFTA and the European Union (EU).98 A policy to what is called as the “dividend of peace”99 was exactly what the civil population was calling for. Therefore, military closure and realignment processes started.100

Threats to peace and security, thought, have not ended. The terrorist attacks of September 11th in New York were a wake-up call for a re-assessment of the security strategy, in order to cope with those asymmetric conflicts and wars, and with the problems regarding the true development of countries and their free determination. In this sense, countries like the United

91 ZANT. Soviet National Strategy. For more information regarding the WW II, look: SHIRER William L. The Rise and Fall of the Third Reich : A History of Nazi Germany. Ballantine Books, 1991, p.957 and 1328. 92 Russian Military Doctrine, Available at the Federation of American Scientists (FAS): http://www.fas.org/nuke/guide/russia/doctrine/991009-draft-doctrine.htm 93 More Information Regarding Cuba’s facility at: Lourdes [Cuba] Signals Intelligence (SIGINT) facility 23°00'01"N 82°28'56"W in Federation of American Scientists. Available at: http://www.fas.org/irp/imint/c80_04.htm. Last accessed: September 19, 2006. 94 For more information regarding the Cold War see: KENNEDY, Paul M. The Rise and Fall of the Great Powers. New York: Random House Inc., 1989, p. 347. 95President Ronald Regan “Star Wars” Speech, available at CNN website: http://www.cnn.com/SPECIALS/cold.war/episodes/22/documents/starwars.speech/ Last Accessed: September 18, 2006. See also Stimson Organization Web Page: http://www.stimson.org/?SN=N22001110722 Last Access: September 17, 2006. 96 Fact sheet: Making America More Secure By Transforming Our Military. Available at: http://www.globalsecurity.org/military/library/news/2004/08/mil-040816-whitehouse01.htm Last accessed: September 17, 2006. 97 One interesting thing to remark is that one of the difficulties to establish a common surveillance visualization (Open Skies Doctrine) was that the US had much more bases around the Sovietic Union, therefore, a policy of mutual airspace would not give the USSR complete access to the real nuclear arsenal of the United States. Data available at: Open Skies – A Cooperative Approach to Military Transparency and Confidence Building, p. 20. (UNIDIR/2004/18). Interesting for understanding the situation during the Cold War look: HOBSBAWN, Eric. A Era dos Extremos – O breve século XX (1914-1991). São Paulo: Companhia das Letras, 1995, p. 223 -252. 98 For further information see: HUNTINGTON, Samuel. The Clash of Civilizations. New York: Touchstone, 1997, p.22; and FUKUYAMA, Francis. The End of History and the Last Man .New York: Avon Books, 1992, p.25; and NYE, Joseph. Bound to Lead: The Changing Nature of American Power. New York: Basic Books, 1991, p. 56. 99 Speech by Minister of State for Defense of Japan, Mr. SHIGERU ISHIBA, at the IISS Asia Security Conference Singapore, 5 June 2004. Available at: http://www.iiss.org/conferences/the-shangri-la-dialogue/shangri-la-dialogue-2005/2004-speech-archive/second-plenary-shigeru-ishiba 100 LARSON, Eric V.; ORLETSKY, David T.; LEUSCHNERD, Kristin J. Defense Planning in a Decade of Change. Available at: http://www.randeconomics.org/pubs/monograph_reports/MR1387.

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States and the United Kingdom view overseas military bases as part of the solution to the problem, also stating the benefits in other areas that those facilities could bring (nuclear management, drug trafficking, and others).

2 STATEMENT OF THE ISSUE

“Overseas military bases” are a matter of international stability and security. In the world we live in, threats are not anymore related only to the confrontation of two great armies, they are real living events, where people in any place and city in the world are subject to.101 The community of nations has to consider if, in this scenario - with the dangers of terrorism, radicalism, civil strives, ethnic wars and many others -, those facilities are enablers of security, or just other possible disruptive factors.

Therefore, SPECPOL shall deal with some major factors regarding this forward military presence, bearing in mind the principles of sovereignty, non-interference and self determination. Also the Committee shall take into account the effects that those bases have in the stability of relations among States, as well as the impact of the bases in the environment, in the political and social spheres of each nation concerned, as well as in peoples lives, considering the realignment, closure, or implementation that is and will be in process.

2.1 Overseas Military Bases – Concepts and Definitions

2.1.1 Overseas Military Bases Structure

Overseas military bases are forward military presence of one country in another;102 usually, as in the case of the United States, connected with previous threats, wars and movements of deterrence and defense. In this sense, specialists tend to define those facilities as “network[s] of ‘forward operating sites’”,103 or as “network[s] of political relationships”104 – for sustaining long term alliances.

101 DINIZ, Eugenio and PROENÇA JÚNIOR, Domício. The Collapse of the Material Foundations of Westphalian International Law. 102 WEIE, Wen. U.S.-Russian Military Theories and Practices. At Contemporary International Relations 20 Feb 95 No 2, pp 12-18. Available at: http://www.fas.org/news/china/1995/chi95091.htm Last Access: September 10, 2006. 103 U.S. Military Overseas Basing: New Developments and Oversight Issues for Congress (2005) 104 KRAMER,Franklin D and NELSON, C. Richard.Global Futures and Implications for U.S. Basing, Atlantic Council, June 2005. Available at: http://www.acus.org/docs/0506-Global_Futures_Implications_U.S._Basing.pdf. Last Acessed: September 19, 2006.

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Those installations can be categorized regarding their objectives and their justifications.105 According to the British analyst Tim Garden,106 bases can be divided in five different types: occupation – which a country uses for subjugation of conquered nations; operational needs – such as the UK and US bases in Turkey and Saudi Arabia, “to provide cover over Iraq”;107 collective security108 – such as NATO operational bases;109 multinational – such as the Tri-national Training Unit at RAF Cottesmore, from the UK, Germany and Italy; and business arrangements (training) – such as the new bases in Kosovo, Camp Bondsteel, or the ones planed to Poland.110

2.1.2 Closure, Realignment and Expansion

The security environment of the last decades has altered significantly. The end of Cold War made many countries review their security policies. Countries like Germany and France reduced their percentage expenditure of GDP regarding military affairs and moved their strategy from deterrence to defense. The US, by the Base Force concept (BF), did exactly this: diminished costs and move to defense international positions.

The following military revisions of the US, such as the Bottom-Up Review (BUR) and the Quadrennial Review of 1997 also were in the same path, however having their focus in different situations. The BF was made regarding the Soviet threat - as a possible revival of the danger of nuclear conflicts - and the other two were already settled in the new pattern of being able to confront two Major Regional Conflicts (MRCs) at the same time.111

Those military revisions demanded projects of closure and realignment of bases. Realignment, which can be defined as “any action that both reduces and relocates functions and civilian personnel positions,” and closure, which mean that “all missions of the installation have ceased or have been relocated,” were made focusing in diminishing regional conflicts and deterring possible global wars.

The terrorist attacks, chiefly the one of 9/11, have shown the necessity to reassess those strategies in order to encompass more expressively those demands, ending up in world wide revisions also, such as the Quadrennial Reviews of 2001 and 2006112 in the US and the UK

105 They can also be divided accordingly to their capacity, size, use and especially in connection with the type of agreement between the “host” and “guest” country– Status of Force Agreement (SOFA). 106 Tim Garden, A presentation at Madingley Hall, Cambridge on 6 November 1996, available at: http://www.tgarden.demon.co.uk/index.html Last accessed: September 10, 2006. 107 Idem. 108 STHAN, Carl. Collective Security and Self-Defence after The September 11 Attacks. Available at: http://stuwww.uvt.nl/tflr/Articles/Carsten%20Stahn.pdf#search=%22%22A%2FAC.%20119%2FSR%22%22 Last Access: September 15, 2006 109 It is important to highlight that many of those bases where in the system of deterrence of the former Cold-War, in this sense, some have or had nuclear weapons. 110 JONES JR., General James L. 2003. Testimony before the Senate Appropriations Committee, April 29. 111 Having in mind that if they were in one conflict it would discourage another opportunistic conflict. 112 Available at the Department of Defense at: http://www.defenselink.mil

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Strategic Defence Review and In Trust and On Trust.113 In this path, the dynamic of closures and realignments was revisited.

2.2 Consequences, Effects and Impacts

2.2.1 The Evolution of the Notion of Sovereignty114

Sovereignty is widely recognized as a corner stone to the international system and is consecrated in article 2(1) of the UN Charter. The matter in question here is the dichotomy between the independence stated in the very charter and the interdependence apparently asked by the world needs.

Since the 16th century sovereignty is recognized as the “supreme power”115 of the State. It is commonly understood as a complete autonomy and independence, leading some scholars to question the legitimacy of the very law of the international plane, stating that there can be no rule over the sovereign power to rule.116

However, as Thomas Franck states: to reconcile “the notion of sovereignty [as established above] […] with the contemporary state of global interdependence”117 is of great complexity, almost impossible.118 This can be complemented by Kofi Annan’s words which say that “we have to consider [now] sovereignty in a new angle: sovereignty is not anymore simply a power, derives from it a responsibility.”119

Most authors tend to consider as essential at least four main aspects of sovereignty: jurisdiction over its own territory and laws; submission to international costume and law; non-intervention in others domestic sphere of jurisdiction; and recognition of the equality of States.120 The first and the second characteristics clearly put the notion into perspective, establishing that the State is the one and only to have supreme power over its territory, yet there are norms that it has consented or that are part of the practice of the States that it has to follow in a way. And the two latter arrange the scenario to show the borders of sovereignty of every nation in their interrelation with other States. 113 Ministry of Defence UK -The Strategic Defence Review: A New Chapter (2002) and The Defence State Strategy 2006: In Trust and On Trust (2006). Available at: www.mod.uk 114 ANNAN, Kofi A. Mantien la paix, intervention militaire et souveraineté nationale dans les conflits armés internes in MOORE, Jonathan. Des ChoixDifficiles – Les Dilemmes Moraux de l’Humanitaire. France: Gallinard, 1999, p. 107. 115 Expression first used by the noble scholar Puffendorf in LAUTERPACHT, H. Oppenheim’s International Law .London: Longmans, Green and Co., 7th ed., 1952, p. 115. 116 HENKIN, L. General Course on Public International Law. at Recuel des Cours – Collected Courses of The Hague Academy of Internationla Law, 1989, t.IV, tome 216.Netherlnds: Martunus Nijhoff Publishers, 1990, p. 26. 117 FRANCK. Fairness…, p. 4. 118 Also, as stated by SG Kofi Annan: “Interdependence is a mark of our time” (translation provided) in ANNAN, Kofi A. Mantien la paix… p. 107. 119 ANNAN. Mantien la paix…p 107. (translation provided). 120 SCHWARZENBERGER, G. Principles of International Law. In: Academie De Droit International. Recueil des Cours. t. 87. Leyde: A. W. Sijthoff, 1950. p.216; KRASNER, Stephen. Sovereignty: organized hypocrisy, 2001, Princeton University Press p. 24; HENKIN. General Course… p. 26.

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In this sense, overseas military bases have to be understood in the light of the sovereignty possessed by the host and the guest countries and by the affected countries in the region, which must also be taken into account.

2.2.1.1 Non-Intervention and Self-Determination

The principles, or rights,121 of non-intervention and self-determination are very close to the concept of sovereignty. Non-intervention can be seen as the respect from one nation to the other sovereignty and, in the other side, self-determination can be understood as “the positive right created by the prohibition against intervention.”122

Non-intervention, then, is the principle which states that a Country will not, in any occasion, interfere in the internal affairs of another; they will not settle jurisdiction regarding others subjects, and will allow the correct development of each nation.123 It means allowing self-determining objectives and ends, and having autonomy regarding its own affairs.124 In this sense, scholars tend to make a comparison between the inherent right that each person has to make free choices regarding its own future, “cohesive groups” - peoples, nations – should, with the same rationale, have it.125

SPECPOL is expected to deal with this issue and set an opinion regarding, inter alias, if military bases in foreign countries do or do not interfere in the sovereignty of another country. Besides, if their existence disrespects, or not, the principle of non-interference into a States’ internal affairs. Moreover, if it affects or not self-determination of peoples of the stained countries and of the region.

2.2.2 Political and Social Effects

Overseas military bases pose two main political effects. One is regarding the assurance of the security of the host nation, or of the region where this country is. This can be clearly seen in the situation of North and South Korea. The military bases from the US create a buffer zone impeding an imminent possible war. The same can be understood when analyzing the bases in Germany, which are part of the defense structure of the EU and are symbols for the alliance of the countries – especially NATO. But it may also be a source of insecurity, when the installations become possible targets themselves. In this sense, one must consider that some of these bases have nuclear weapons transforming those places in even more precious spots.126

121 BROWNLIE, Ian. Principles of Public International Law. Oxford: Oxford University Press, 2004, p. 553. 122 BRILMAYER, Lea. Justifying International Acts. New York: Cornell University Press, 1989, p.105. 123 CHENG, Bin. General Principles of Law as applied by International Courts and Tribunal. Cambridge: Grotius Publications Limited, 1987, p.45. 124 HENKIN. General Course… p. 27. 125 BRILMAYER. Justifying … p. 106.; see also: BRONLIE. Principles…p. 553. 126 Even Judge Schwebel, in his discenting opinion in the Advisory Opinion of the International Court of Justice considering the Legality of Use or Threat of Nuclear Weapons, states that this facilities can become major threats.

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External political effects include the changes in the regional balance of powers, since the offensive-defensive potential of the country is transformed. As considered internal factors, there is the possible influence in the political choices of the nations.127

As for social effects, they clearly appear when analyzing the way of life of the communities around the bases. People are employed and the commerce of the region can develop. Even the industry of the country can be affected.128 However, if those bases are closed, they can cause massive social disarrangements, leaving the population in a very problematic situation.

2.2.3 Environmental Impact

A military base is usually a very large installation, which hosts people and has a huge necessity of supplies. In this sense, environmental issues arise right from this very situation; as a city, it has concerns regarding pollution in the water, in the soil and in the air. But there are specific kinds of pollutions that only military facilities can bring.

First, military training and practices form an enormous amount of wastes that very often cause a vast pollution in the environment. This litter is composed by bullets, rests of materials, clothes, and all sorts of objects and items used during the process and that will not be used again.

Explosives and explosive or flammable materials are also very dangerous items not only for the environment in itself but for the people around the facilities. In Panama more than 20 people have already died due to explosives in firing places.129 There are also chemical, biological, and nuclear residues that have to be properly addressed, and today there is no specific legislation to deal with those toxics.

3 PAST INTERNATIONAL ACTIONS

Security matters are very sensible topics, in very few moments strict regulations were set for these issues. Overseas military bases are in no way different, on the contrary, the international community has barely ever addressed the topic directly. Here is an overview of analogous situations where needs regarding security (national and international) have been considered in

For more information see: http://www.icj-cij.org/icjwww/idecisions/isummaries/iunanaummary960708.htm. Last Accessed: September 19, 2006. 127 Cuba is a remarkable example. When the Cuban revolution was happening the United States by its military bases there tried to help to mantain the “corrupt” government – reminding that sovereignty and self-determination are not justified through the government, but from the will of cohesive people, see for that: BROWNLIE, Principles…p. 553. 128 The best example in this respect is Germany which its industry is largely affected by the American presence. 129 LINDSAY-POLAND, John and MORGAN, Nick. Overseas Military Bases and Environement. Policy in Focus, Interhemispheric Resource Center and Institute for Policy Studies. Vol. 3 N. 15, 1998. See also Vol. 6, N. 35, 2001. Available at: http://www.fpif.org.

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an international level. These are just guide lines in the search for a proper solution regarding the matter, and those do not prevent, in any way, further research.

3.1 Sovereignty

Regarding the interconnection of the issue of military bases and the principle of sovereignty there is no concrete discussion or document in the international environment, however, the international community has dealt in many occasions with situations which involved security and the very principle of sovereignty, and also with the principles, or rights, of non-intervention and self-determination. The situations of humanitarian intervention, putting them into their right proportion, can be examples and guides towards balancing the nation’s sovereignty and the needs of security.

3.1.1 Humanitarian Intervention – Aspects on Sovereignty

In 1991, in the edge of a humanitarian crisis in Iraq, the Security Council (SC) issued a resolution recognizing the current situation as a menace for international peace and security.130 This was the first step in opening the room for interventions toward the sovereignty of countries in threat. Therefore, a matter of security regarding humanitarian crises enabled sovereignty to leave space to intervention.131

Afterwards, the UNSC approved an intervention in a major humanitarian catastrophe in Somalia without the complete and full consent of all nations involved. In the Ex-Yugoslavia, the UNSC not only meddled in the territorial integrity and external sovereignty, but also got involved with the jurisdiction of the country, installing the Ad Hoc International Tribunal for the former Yugoslavia.132

Rwanda is maybe the most remarkable and severe 1 example of intervention. Not only there was jurisdictional intervention with the creation of the International Criminal Tribunal for Rwanda, 133 but the withdrawal of UN troops allowed a massacre of major proportions to happen, calling the international attention to those operations.134

In this sense, as Kofi Annan has stated, sovereignty is in a path of evolution, changing its character in order to comprise the necessities of the global environment.135 And today’s situation regarding overseas military bases, and their role in security, can place important part of this whole process.

130 United Nations. S.C. Resolution 688, UN Doc. S/RES/688(1991). Available at: http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/596/24/IMG/NR059624.pdf?OpenElement. Last accessed: September 19, 2006 131 KERVAREC, Gaëlle. L’Intervension d’Humanité dans le Cadre des Limtes au Príncipe de Non-Intervention. Revue Juridic Thémis, Montreal, 1998 (32 R.J.T 77). 132 More information available at: http://www.un.org/icty/ 133 More information in the official web site: http://69.94.11.53/default.htm 134 Analysts state that even with the deployment of a medium size force most of the deaths would have been prevented. 135 ANNAN, Kofi A. Mantien la paix… p. 107.

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3.1.2 Self-Determination

General Assembly Resolutions 1514(XV),136 and 2625(XXV)137 recognize that the principle of self-determination is encompassed by the UN Charter.138 Also, they state that peoples have a right not to be subject to any domination or interference from an external power, being allowed to fully pursue their own destiny. This is linked in the resolutions to a right to independence.

In the context of the implementation of Resolution 1514(XV), the SPECPOL has dealt with the situation of non-self-governing territories and considered that military facilities can be obstacles to the self-determination of those territories. The Committee urged countries that have military bases in those territories not to involve them into any situation of war.139

There has to be considered as well, in the light of Resolution 1541(XV) which states the right to countries “to adopt the course which it considers best suited to the exigencies of its security [well-being],”140 being free to establish their best destiny.

In the 1971 Advisory Opinion regarding Namibia141 the International Court of Justice consecrated the principle of self-determination and stated that it applied to any non-self governing territory and its people.142 In this sense, when analyzing the situation regarding overseas military bases the Committee should assess the impact towards the nations independence and determination.

3.1.3 Non-Intervention

The principle of non-intervention is a widely known principle, having been discussed many times in the past. In no other place principle is so deeply regarded than the American Continent, especially for countries in Latin America. This can be seen in the early discussions regarding the Inter-American Conference in Havana (1928), and in the Additional Protocol regarding Non-Intervention signed in Buenos Aires (1936), and the most important of all the

136 Declaration on the Granting of Independence to Colonial Countries and Peoples (1960). Available at: http://www.un.org/Depts/dpi/decolonization/declaration.htm. Last Acessed: September 19, 2006. 137 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations (1970). Available at: http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/348/90/IMG/NR034890.pdf?OpenElement . Last Accessed: September 19, 2006. 138 Those resolutions are understood as authoritative interpretations of the UN Charter. For further information see: TRINDADE, A. A. Cançado. Princípios de Direito Internacional Contemporâneo. Brasília: Editora Universidade de Brasília, 1981 and CARRILLO-SALCED, Juan-Antonio Course on Public International Law. at Recuel des Cours – Collected Courses of The Hague Academy of International Law, 1996, tome 257. Netherlands: Martunus Nijhoff Publishers, 1997, p. 68. 139 As in the reports: A/55/575 (http://www.un.org/documents/ga/docs/55/a55575.pdf), A/56/554 (http://www.un.org/documents/ga/docs/56/a56554.pdf); and A/57/525 (http://daccessdds.un.org/doc/UNDOC/GEN/N02/651/24/PDF/N0265124.pdf?OpenElement). 140 CHENG, Bin. General Principles of Law -as applied by International Courts and Tribunals. 1997, p.29 141 INTERNATIONAL COURT OF JUSTICE. Legal Consequences for States of the Continued Presence of South Africa In Namibia (South-West Africa) notwithstanding Security Council Resolution 276 (1970). Available at: http://www.icj-cij.org/icjwww/idecisions/isummaries/inamsummary710621.htm. Last Accessed: September 19, 2006. 142 This principle was once again recognized in the West Sahara Case of 1975. Available at: http://www.icj-cij.org/icjwww/idecisions/isummaries/isasummary751016.htm. Last Accessed: September 19, 2006.

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Charter of the Organization of America States, articles 3 (e), 19, 20 and 21.143 Those documents recognize non-intervention as being in the aspect of a State no intervening in any of the internal affairs of the countries, being them political, economical, or military.144

In the writings of the Resolution 2625(XXV)145 many countries, such as Poland, Romania, Slovakia (and others from East Europe), and specially Ghana – which denounced all kinds of violations, specially the pressure to cede a part of the territory for the establishment of a military base146 – called for an understanding of this principle as regarding all situations of interference. In the end, the resolution states non-intervention in political, economical affairs, and even in an interconnection with the principle of self-determination.

However, still most of the scholars recognize that the principle embodied in the UN Charter (article 2 (4)) regards to traditional armed forces,147 and some of them do not even recognize economical embargos as being a kind of violation of this principle.148

Therefore, there is a need to discuss whether military bases are indeed a breach to the principle of non-intervention, establishing clearly the borders of this principle regarding what kind of force constitutes interference.

3.2 Environmental and Social Constrains

3.2.1 International Environmental Customary Law

Environmental awareness is a current trend of international law. It has been recently recognized that in international law there are two rules which are customary:149 the prohibition from pollution and the obligation to cooperate in the protection of the environment. The principle 21 of the 1972 Stockholm Declaration150 establishes the “responsibility [of States] to ensure that activities within their jurisdiction or control do not cause damage to the environment” which is the basis for the obligation not to pollute.151

143 There are many other inter-American instruments that recognize this principle such as the Inter-American Convention on Execution of Preventive Measures. All the available at the OAS web site: www.oas.org. 144 TRINDADE. Princípios... p 66. 145 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations (1970). 146 Statement of the Delegation from Ghana UN doc A/AC. 119/SR. 29 p.7 apud TRINDADE. Princípios... p. 65. 147 In the sense of the Res 2625 (XXV), the wording force would mean any kind of force, not only conneted with its traditional sense of armed forces invading the country, as aggression or even war. 148 BROWNLIE, Principles…p. 555; CHENG. General Principles... p. ; See also: International Commission on State Sovereignty and Non-Intervention. The responsibility to Protect. Available at: http://www.iciss.ca/01_Section_A-en.asp#debate. Last Accessed: September 19, 2006; and many others. 149 In this sense, they are binding for all States, including those that may or may not have signed a treaty. For this matter see: SCOVAZZI and TREVES. World Treaties for the Protection of the environment. Istituto per l’Ambiente: Milan, 1992. 150 UNITED NATIONS ENVIRONMENT PROGRAMME. Stockholm 1972. Available at: http://www.unep.org/Documents.multilingual/Default.asp?DocumentID=97&ArticleID=. Last Accessed: September 19, 2006. 151 The 1974 OECD recommendations on principles concerning transfrontier pollution can be seen as a guide line in relation to its definitions, chiefly regarding Available at: http://webdomino1.oecd.org/horizontal/oecdacts.nsf/linkto/C(74)224. Last Accessed: September 19, 2006.

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As for the rule which asks for international cooperation, the principle 24 of the Stockholm Declaration determines that: “International matters concerning the protection improvement of the environment should be handled in a co-operative spirit by all countries…” Therefore, this obligation “manifests itself as a duty to act in good faith, in order to achieve and objective of mutual interest,” in this case, the preservation of the environment.152

3.2.2 Analogous Regulation

Strictly regarding overseas military bases there is no current instrument, however, the Vietnam War created a sense that environmental protection should be addressed in regard to security issues, also. This lead to the articles 35(3) and 55 of the 1977 Additional Protocol to the Geneva Conventions of 1949. These state the limits regarding military needs and the maintenance of human life, and quality of life. 153 In the same year (1977) there was also the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques,154 which creates an awareness regarding the necessity to deal with security needs without harming perpetually the environment. 155

3.2.3 National Environmental Laws

Some countries already recognize and establish in their domestic laws the environmental threats that military bases can be and the damages that they can make.156 The United States, for instance, as concerning bases in their “home land” has a strict environmental regulation and has also programs regarding the clean up of their bases and to the recovery of the environment after a closure or a realignment.157

152 SCOVAZZI and TREVES. World Treaties… p. 27. 153 SANDOZ , Yves; SWINARSKI, Christophe; and ZIMMERMANN, Bruno. Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949.Geneva: Martinus Nihoff Publishers – International Committee of the Red Cross, 1987, p. 410 and 661. 154 It was adopted by GA Res 31/72 (1966) See comments by the International Committee of the Red Cross in: http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/57JR8J/$FILE/1976_ENMOD.pdf?OpenElement#search=%22%22Convention%20on%20the%20Prohibition%20of%20Military%20or%20Any%20Other%20Hostile%20Use%20of%20Environmental%20Modification%20Techniques%22%22 155 There has to be mentioned that the Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water (1963) has also environmental concerns in its base. Besides, Principle 5 of the World Charter for Nature refers to security issues preventing the complete development of the environment too. There has also to be remarked that UNSC Resolution 687 from 1991 states responsibility for Iraq regarding environmental damages as well. 156 LINDSAY-POLAND, John and MORGAN, Nick. Overseas Military Bases and Environment. Policy in Focus, Interhemispheric Resource Center and Institute for Policy Studies. Vol. 3 N. 15, 1998. 157 Interim Guidance for EPA’s Base Realignment and Closure (BRAC) Program Federal Facilities Restoration and Reuse Office - Office of Solid Waste and Emergency Response U.S. Environmental Protection Agency, April 2006. Available at: http://www.epa.gov/fedfac/pdf/interim_brac_guidance.pdf#search=%22definition%20realignment%20%22military%20bases%22%22. Last Accessed: September 19, 2006. These laws include in their environmental concerns issues arising from social aspects such as employment and economic impacts.

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4 BLOC POSITIONS

North-America: The United States has recently developed a policy called “global war against terrorism”, this stands for an important standard of priorities, putting terrorism in the top of the list. In this sense, the military strategy of the country is to expand its forward presence and its ability to deploy forces, increasing of its military presence elsewhere in the world. Being the overseas military bases a important part in this strategy, the US wishes to expand its current base locations and close those which are no longer functional in this environment of global terrorism. Security issues take precedence in this current context.158

Latin America:159 Some Latin American countries such as Cuba, Ecuador and Peru have foreign military bases in their territories, mostly from the US. In the majority of them they are part of an operation in order to strangle the narcotic trafficking, mainly from Colombia.160 Nevertheless, the region is historically concerned with sovereignty and does not see with good eyes this presence.161 Brazil, Argentina and Mexico are mainly worried with the preservation and integrity of territories, especially after the situation related to Panama in 1989 in which General Manuel Noriega was taken of his office.162

Europe:163 Europe is divided regarding military strategic issues. Only with the adoption of the Treaty of Maastrich the European Union indeed created common grounds for a unified security policy (ESDP – European Security and Defence Policy).164 It was not before 2003 that it established a European Security Strategy, which fosters the fight against terrorism165 and the prevention against international conflicts and against the falling of States. Overseas military bases, however, tend not to be in the scope of the Union, yet in bilateral agreements or regarding NATO.166

158 To fully comprehend see military reviews such as the Quadrennial Reviews of 2001 and 2006 Available at the Department of Defense: http://www.defenselink.mil/. 159 For the purposes of this Bloc Positions Mexico will be understood as part of Latin America. 160 For further research on US bases in the region see Center for International Policy: http://www.ciponline.org/facts/ 161 The history of Latin America is field with the interference of its past colonizers, and most of the countries had to face bloody revolts in order to set themselves free and that is very much in the spirit of the population and in its collective memory. 162 In order to abide with the accords made by the President Jimmy Carter and to stop a drug related regime the US has invaded Panama in the operation Just Cause. The military bases in the country were (i) a motive for the invasion (the US citizens there and the very own site), and (ii) a place for the starting of invasion. Interesting to note: (A/RES/44/240); and an extract from a book from Noam Chomsky see in: http://www.zmag.org/chomsky/dd/dd-c05-s05.html. To have a global panorama regarding the region and the relations with the US see: http://mondediplo.com/2002/01/13latinamerica. 163 For the purposes of this study guide Turkey will be considered as part of the European continent. 164 These European arrangements disturb the balance in the NATO and the then Defense Minister Madelaine Albright has made a speech asking for the 4D’s, regarding the non-duplication of forces. 165 Remembering that this could not be different since the several terrorist attacks that happened within Europe, specially in Madrid and London, just to quote the worst. 166 To have an overview see the “European Defense Guide” at: http://www.defense.gouv.fr/sites/defense/enjeux_defense/europe_de_la_defense194/guide_de_la_politique_europeenne_-_pesd/introduction_au_guide_de_la_pesd/; and take a look at the European Council web page: http://www.consilium.europa.eu

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The United Kingdom is importantly compromised with the war against terrorism, especially after the attacks in London. It is especially concerned with the situation of the people overseas, but favors the maintenance of such facilities in order to establish world security.167

France and Germany present interesting situation for analyses. The first has historically defended the principles of sovereignty and self-determination; and since the end of the World War II, with the known “de Gaulle policy”, put emphasis in a strong army as feature of deterrence and to preserve security. But, on the other hand, the needs of security state the necessity to foster military agreements such as overseas bases.168 The latter is also in a unique position, since after WWII the country became an essential frontier against the Soviet threat, therefore, has a massive presence of ex-Allies bases (France, UK and US)169and even with the 9/11 attacks it has continued the program of closure of military bases abroad and the cuts in its military budget.170

Eastern Europe is now in a particular situation. The US restructuring military bases strategy faces those countries as a very important part and some of them have been chosen to station new military bases.171 However, those countries have historically defended the importance of their sovereignty.

Russia after the end of the USSR has closed most of his overseas military bases, yet it still maintains some strategic ones, specially in neighboring countries and members of the CIS. After 9/11, relations with the US have been warm and Russia has taken part in the “war against terrorism”. Nevertheless, in the last few years situations such as enlargement of NATO and the establishment of US bases in Georgia have deteriorated the relations between the two countries and Russia accuses the US to be breaching inside accords from NATO such as the Russia-NATO Pact and the Treaty on Conventional Forces in Europe (CFE).172

Asia – Pacific: In Central Asia many nations are in a very different status. Countries like China state their commitment to the intrinsic sovereignty of the States, and together with a few countries (Russia was one of them) in 2005 in a meeting of the Shanghai Cooperation Organization approved an initiative that urged the US to settle a proper time to withdraw from the military bases established for and during the Afghani war.173 Other countries like South Korea and Japan, which have US military bases in its own territory, favor their continuity in 167 For further information see Delivering Security in a Changing World - Defence White Paper, Ministry of Defence United Kingdom. Available in the UK Ministry of Defence: www.mod.uk 168 More information in the Ministry of Defense of the France: www.defense.gouv.fr. 169 Important to remark that Germany is the primary destiny of military bases from the US. 170 Further information can be seen at the Federal Ministry of Defence: http://www.bmvg.de/portal/a/bmvg. There has to be mentioned the withdraw from US military forces from Germany, this may cause a necessity to reassess its military budget and to reinforce its situation. Also, Europe and especially France may fill that are left alone, and may push for a establishment of a unite European army. Besides, needs to be pointed out the environmental concerns of the whole Europe and chiefly of the two countries. For an interesting overlook of the situation see: http://www.nato.int/docu/review/2005/issue2/english/debate.html 171 It is important to mention the statements from the Russian Minister Sergey Ivanov who said a military base in Poland (from NATO) would be considered a threat to Russia’s security and would be responded. 172 FIELDS. Todd W. Eastward Bound: The Strategy And Politics of Repositioning U.S. Military Bases in Europe. Journal of Public and International Affairs, Volume 15/Spring 2004. Also see: GOLDMAN, Stuart D. Rússia. CRS – Congressional Research Service, May, 2006. RL33407 173 NICHOL, Jim. Central Asia: Regional Developments and Implications for U.S. Interests CRS brief to the Congress., May , 2006. IB93108.

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order to keep the security levels as they are.174 Mainly Korea, which has been especially threatened in the last years from its north counterpart (North Korea) However, both countries favor human rights development and self-determination, therefore, ask for no intervention in the affairs of the countries unless the situation is of strictly security and humanitarian crisis.175

Middle-East: Most of the countries in the region are very concerned with the doctrine of “global war against terrorism”, especially after the incursions in Afghanistan and Iraq. Few countries are exceptions in this sense - Israel, for instance, is one of them. It is Israel’s belief that every country has the right to assure its security and existence, and by that gives much importance to security stability, backing up the US presence in the region.176 Saudi-Arabia is one of the countries that has US military bases, however, it also made difficult the invasion of Iraq, specially by denying the use of its airspace. Iran, in the other hand, shows a strong position against US interference in the region and defends its own independence very fearlessly.177

Africa: Africa as a whole has concerns regarding its self-development, especially with the extensive numbers of conflicts in the continent and the recurrent presence of international forces. Countries like Tanzania have already stated the necessity to maintain the security of the environment encompassing respect for nation’s sovereignty. Also, some countries such as Algeria are focus points for new military bases from the United States, for furthering security to the environment and to safeguard large economical investments.178

5. QUESTIONS TO PONDER

Bearing in mind the current security environment and the strategic role that overseas military bases have, the Special Political and Decolonization Committee of UFRGSMUN 2006 is called to set an opinion towards the proposed topic, reflecting about the following suggested questions and any other relevant issues:

5.1 Are overseas military bases indeed features that can deliver security to a nation? Can they enhance the security of a country? Or are they just other disruptive element?

5.2 How to balance security needs and the sovereignty of the countries? Are military bases elements of interference? Do they breach the principle of non-intervention? What are the limits for intervention? And what are the fields that the UN can respond, and in which

174 Yet, this presence is only and solely considered for defense purposes. 175 More information Japan available ate the ministry of defense: http://www.jda.go.jp/e/index_.htm; and in the Foreign Affairs Ministry: http://www.infojapan.org. And more information regarding South Korea look at the Ministry of Defense available at: http://www.mnd.go.kr/. 176 Further data see Israel’s Department of Defense at: www.securityfence.mod.gov.il 177 More information available at: http://www.state.gov/r/pa/ei/bgn/5314.htm 178 For dada regarding US-Africa relations look: http://www.prairienet.org/acas/military/military06.html; and http://www.state.gov/r/pa/ei/bgn.

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matters? Does article 2 (4) of the UN Charter can be applied to situations regarding military bases?

5.3 Do military bases impede the self-determination of the country? Can they be an element of pressure to the free choice of the nations’ destiny? Do non-self-governing territories should continue to host foreign military bases? What is the status of protection that this territories should have?

5.4 How to assess the impacts of military bases in the countries? What is the pattern that should be established for them? What are the duties that each country has, the host and the guest? And regarding environmental and social impacts, what is the proper standard for having a military facility? Do the host and or the guest country have any duty to preserve the environment? Should this preservation be addressed in the international level? Or should it remain in national or bilateral (multilateral) levels?

6 REFERENCES

6.1 Books and Articles

ARRAIAN. Anabasis of Alexander. Cambridge: Harvard University Press, 2004, P. 123.

BROWNLIE, Ian. Principles of Public International Law. Oxford: Oxford University Press, 2004.

CEPIK, Marco A. C. Espionagem e Democracia. Rio de Janeiro: Editora FGV, 2003, p. 86/92.

CHENG, Bin. General Principles of Law as applied by International Courts and Tribunal. Cambridge: Grotius Publications Limited, 1987.

CLAUSEWITZ, Carl Von. On War. Princeton: Princeton University Press, 1976.

HERMAN, Michael. Intelligence Power in Peace and War. Cambridge: Cambridge University Press, 2005.

MELTON, H. Keith. Ultimate Spy. London: Dorling Kindersley, 2002.

SHULSKY, Abram N.; SCHMITT, Gary J.. Silent Warfare. Richmond: Bassey’s, 2002.

WATSON, Adam. Diplomacy: The Dialogue between States. New York: New Press: McGraw-Hill Co., 1983, p. 96.

WIGHT, Martin. Systems of States. Leicester: Leicester University Press, 1977. p. 1254.

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6.2 Articles from the Internet

FREER, Alan. Francis Walsingham: Elizabethan Spymaster. Available at http://www.thehistorynet.com/bh/blelizabethanspymaster/ index.html. Last accessed: 26 April, 2006.

LERNER, Adrienne. Espionage and Intelligence, Early Historical Foundations. Available at http://www.espionageinfo.com/Ep-Fo/Espionage-and-Intelligence-Early-Historical-Foundations.html. Last accessed: 23 April, 2006.

MOMSEN, Bill. Codebreaking and Secret Weapons in World War II. Available at http://home.earthlink.net/~nbrass1/3enigma.htm. Last accessed: 10 May 2006.

TULLOCH, David. Black Chambers. Available at http://www.espionageinfo.com/Ba-Bl/Black-Chamber.html. Last accessed: 26 April, 2006.

“Cuban Missile Crisis: Fourteen Days in October”, available at http://library.think quest.org/11046/days/index.html. Last accessed: 26 April, 2006.

“Toga and Dagger: Espionage in Ancient Rome”. Available at http://www.thehistory net.com/mhq/blespionageinancientrome/index2.html. Last accessed: 10 May, 2006.

6.3 UN and International Organizations/Institutions Documents

Brahimi Report. Available at: http://www.un.org/peace/reports/peace_operations/ Last accessed: 15 May 2006.

Congress Report (Order Code RL31920): Domestic Intelligence in the United Kingdom: Applicability of the MI-5 Model to the United States. Available at: http://www.fas.org/irp/crs/RL31920.pdf.

EUROPEAN PARLIAMENT. Report on the existence of a global system for the interception of private and commercial communications (ECHELON interception system) (2001/2098(INI)), 2001.

Report on the existence of a global system for the interception of private and commercial communications (ECHELON interception system) (2001/2098(INI)), p. 78.

6.4 Websites Consulted

Argentura Website. Available at: http://www.agentura.ru. Last accessed: 20 May 2006.

Brazilian Intelligence Agency Website. Available at: http://www.abin.gov.br. Last accessed: 20 May 2006.

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Centro Nacional de Inteligencia – Spain – Website. Available at: http://www.cni.es. Last accessed: 20 May 2006.

CNN Website, http://www.cnn.com/SPECIALS/cold.war/experience/spies/isaacs/index .html, Last accessed: 26 April, 2006.

Cyber-Rights & Cyber-Liberties Website. Available at: http://www.cyber-rights.org/reports/echelon_ya.htm. Last accessed: 15 May 2006.

Director of National Intelligence Website. Available at: http://www.dni.gov. Last accessed: 20 May 2006.

Egypt Intelligence and Security Website. Available at:

http://www.espionageinfo.com/Ec-Ep/Egypt-Intelligence-and-Security.html. Last

accessed: 20 May 2006.

FAS – Federation of American Scientists: http://www.fas.org Last accessed: 20 May 2006.

Federal Office for the Protection of the Constitution – Germany – Website. Available at: http://www.verfassungsschutz.de. Last accessed: 20 May 2006.

Foreign and Commonwealth Office. Available at: http://www.fco.gov.uk. Last accessed: 20 May 2006.

French Prime Minister Website. Available at: http://www.premier-ministre.gouv.fr/en. Last accessed: 20 May 2006.

Global Security Website. Available at: http://www.globalsecurity.org/intell/world/china/mss-ops.htm Last accessed: 20 May 2006.

Indian Defense Review Website. Available at: http://www.bharat-rakshak.com/ LANCER/idr00001.htm. Last accessed: 20 May 2006.

Indian Military Websites. Available at: http://www.bharat-rakshak.com. Last accessed: 20 May 2006.

Intelligence Online Website. Available at: http://www.intelligenceonline.com/p_default_list_art.asp?rub=chan_rub_ioa_politique Last accessed: 15 May, 2006.

Israel Intelligence and Security Website. Available at: http://www.espionageinfo.com /Int-Ke/Israel-Intelligence-and-Security.html. Last accessed: 20 May 2006.

Japan Defense Agency Website. Available at: http://www.jda.go.jp/e/index_.htm. Last accessed: 20 May 2006.

MI5 Website. Available at: http://www.mi5.gov.uk. Last accessed: 20 May 2006.

Ministry of Foreign Affairs - http://www.mfa.gov.il/MFA. Last accessed: 20 May 2006.

Ministry of foreign Affairs Website. Available at: http://www.mofa.go.jp. Last accessed: 20 May 2006.

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Mossad Website. Available at: http://www.mossad.gov.il/Mohr/MohrTopNav/MohrEnglish/MohrAboutUs. Last accessed: 20 May 2006.

North Atlantic Treaty Organization Website. Available at: http://www.nato.int/docu/ basictxt/b021122e.htm. Last accessed: 14 May 2006.

The Cold War Museum website. http://www.coldwar.org. Last accessed: 26 April, 2006.

The National Archives. Available at www.nationalarchives.gov.uk/spies/spies/stan den.default.htm. Last accessed: 24 April, 2006.

UK Secret Intelligence Service website. Available at http://www.sis.gov.uk/output/ Page47.html. Last accessed: 26 April, 2006.

South Africa's Defense Department Website. Available at: http://www.dod.mil.za/. Last accessed: 20 May 2006.

United Nations Website. Available at: www.un.org. Last accessed: 15 May 2006.