Message from the Executive Board of UNSC

Dear Delegates,
It is indeed a great honour and privilege to be a part of the 3rd edition of WCC Model United
Nations. We are excited to meet you all and make sure to do our best in ensuring an amazing
MUN experience which would help you in a longer run.
It is to bring on to the delegates kind notice that the following study guide is an attempt to
provide a basic understanding of the agenda tabled and bring clarity on the technicality of the
issue. However, we request all the delegates not to restrict your research only with respect to
the information’s provided in the study guide.
We further, urge all the delegates to put reasonable efforts to make efficient contributions
during the committee sessions. However, if delegates feel any discomfort to catch up with the
committee proceedings the Executive board will always be there to help you out.
Our aim is to make sure you take back abundant knowledge and information after the end of
the session. Hence, we encourage you to go beyond the study guide and delve into the insights
of the agenda. The Executive board tried its level best to make this study guide as simple as
possible for a better understanding. For further queries feel free to reach us through the
Organizing Committee.
Regards,
The Executive Board
United Nations Security Council
Overview of the committee
United Nations Security Council

The United Nations Security Council (UNSC) was formed in the year 1945 post World War
II and the Council held its first session on 17th January 1946. The President is elected on a
rolling basis for a term of one month among the Members States of the Security Council.
The UNSC is one among the six principal organs of United Nations established under Article
7 of the UN charter1. The primary function of the Security Council is to ensure the
maintenance of International Peace and Security as envisaged under Article 1 of the UN
charter2. The Security Council has the power to impose sanctions to resolve conflicts of
Major International crises situations. The Composition of the committee consist of five
permanent Members (P5) United States of America, Russian Federation, France, China and
United Kingdom of Great Britain and Northern Ireland and ten other non-permanent member
elected for the term of two years in compliance with (resolution 1991 A (XVIII) of the United
Nations General Assembly. The composition of the Non-Permanent Members includes:

1. Five from African and Asian States;

2. One from Eastern European States;

3. Two from Latin American States;

4. Two from Western European and other States.

Apart from the Permanent Members and Non-Permanent member states, Security
Council Consist of more than 60 Member States of the United Nations. The members of
United Nations who are not a part of the Security Council can barely act as observers
during the committee sessions and shall not possess the right to vote for the resolution3.

Voting Rights and the power of Veto

Article 27 of the UN charter clearly states that each Member States shall have one vote4.
However, permanent members of the Security Council have the Right to Veto any resolution
passed in Security Council. If any one of the five permanent members cast a negative vote
in the 15-member Security Council, the resolution or decision would not be approved.

1
United Nations Organization, UN Charter full text, (21/8/2019, 1:05 pm ) https://www.un.org/en/sections/un-
charter/un-charter-full-text/
2
Global policy forum, UN Security Council (21/8/2019, 1:15 pm ) https://www.globalpolicy.org/security-
council.html
3
United Nations Organization, United Nations Security Council, Permanent and Non-permanent members,
(21/8/2019, 1:35 pm ) https://www.un.org/securitycouncil/content/current-members
4
Ibid 1
Powers and Functions of the Security Council Enshrined under Article 24-26 of the UN
charter5

➢ Maintenance of International peace and security

➢ Take necessary actions with respect to Threats to peace, Breaches of peace and Acts
of Aggression (Chapter V11 UN charter)6

➢ Power to make regional arrangements for enforcing any actions as in when required
when there is any inconsistency with the Purposes and Principles of United Nations.

➢ Power to take military action against an aggressor

➢ Formulate plans for the establishment of a system to regulate armaments

➢ Call on Members to apply economic sanctions and other measures not involving the
use of force to prevent or stop aggression

➢ investigate any dispute or situation which might lead to international friction.

5
United Nations Organisation, United Nations Security Council, About the Council, Functions and Powers,
(21/8/2019, 8:40 pm ) https://www.un.org/securitycouncil/content/functions-and-powers
6
Supra note 1
 Agenda I – Drug Trafficking as a threat to International Security

Drug trafficking primarily involves distribution and production of psychoactive substances

globally that are prohibited by States and regulatory authorities.

Legal classification of drugs according to Federal Drug schedules:

Schedule 1
Have high potential for abuse and addiction. Schedule 1 drugs are not likely to be accepted for
medical purposes. Possession and use of these drugs are considered illegal. Ex. Cannabis,
ecstasy, heroin and psychedelic substances.
Schedule II
Have capacity of greater dependency but accepted for medical uses. However, Schedule II
drugs are impossible to acquire without being prescribed by medical practitioner. Ex.
Morphine, methadone, Adderall etc.

Schedule III

Have a moderate potential for abuse and a moderate potential for dependence. Schedule III
drugs have currently accepted medical uses, meaning it’s generally possible to get a legal
prescription for these drugs. Examples include anabolic steroids, ketamine, marinol etc.

Schedule IV

Have a low potential for abuse and a low, limited potential for dependence. Schedule IV drugs
have currently accepted medical uses (it is possible to get a legal prescription). Examples
include Valium, Xanax, Ambien, difenoxin etc.

Schedule V

Have a low potential for abuse even lower than Schedule IV and a low, limited potential for
dependence. These drugs have currently accepted medical uses, and it’s possible to obtain a
legal prescription for them. Examples include codeine-infused cough syrups, ezogabine etc7.

7
Findlaw, Drug Classification,https://criminal.findlaw.com/criminal-charges/drug-classifications.html (accessed
on 23/08/2019 12:15 pm)
The United Nations and International Monetary fund estimates that illicit drug trade derives
approximate sum of 600 billion dollars annual profit8. Further, the Drug mafia has undermined
the national security of many States costing imminent damage to life and property. Drugs act
as a catalyst in destroying Human lives and generate violence and crime among the society. In
1991, the UN International Drug Control Programme (UNDCP) was established to coordinate
UN drug control activities and to serve as the focal point for the UN Decade against Drug
Abuse (1991-2000). The UNDCP subsequently continued its activities, expanded the scope of
its efforts and increased the number of projects it oversees. While international cooperation
has traditionally focused on enforcement, some move toward complementary action has taken
place. In March 1993c, delegates at the 36th session of the UN Commission on Narcotic Drugs
adopted a resolution calling on governments to give priority to preventing drug abuse and to
treating and reintegrating drug abusers in society. This new focus on reducing demand was
seen by many countries as a complement to the traditional focus on enforcement, and as an
important part of a balanced strategy to combat drug abuse9.

I- Drug Trafficking and rule of Law10

The United Nations is countering International Drug related issues through three major treaties

1- Single convention on Narcotic Drugs.1961

This convention primarily aims at combating Drug related issues through an International Co-
operation and further seeks to limit the possession, use, trade, distribution, import, export,
manufacture and production of drugs exclusively to medical and scientific purposes.

2- Convention on Psychotropic Substances, 1971

This Convention tries to establish an international control system for psychotropic substances.
It responded to the diversification and expansion of the spectrum of drugs of abuse and
introduced controls over a number of synthetic drugs according to their abuse potential on the
one hand and their therapeutic value on the other.

3- United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, 1988

This Convention provides comprehensive measures against drug trafficking, including

provisions against money laundering and the diversion of precursor chemicals. It provides for

8
Paul Rexton Kan, Drug Trafficking and International Security, Rowman and Littlefield, 2016
9
“Commission Sets Priorities: Prevention, Treatment and Social Integration,” UN Chronicle, September 1993
10
United Nations Office on Drugs and Crime, https://www.unodc.org/unodc/en/treaties/illicit-trafficking.html (
accessed on 23/08/2019 12:50 pm)
international cooperation through, for example, extradition of drug traffickers, controlled
deliveries and transfer of proceedings.

II- Obligations of the State to act in compliance with the UN drug related
conventions

Under the aforesaid conventions, State parties are obligated to treat drug trafficking as a serious
offence and appropriate domestic legations should be in force for penalising perpetrators of
drug related offences. Further, Possession of drugs are not permitted without a legal authority
as envisaged under Article 33 of the Single convention on Narcotic Drugs,1961. Though the
obligation of the States are not mandated under any conventions it is implied under Article 26
R/w Article 31 of the 1969 Vienna Convention on the Law of Treaties (VCLT)11 that parties
have to interpret conventions “in good faith” and shall hold a complete binding affect (Pacta
Sunt Servanda) unless exceptions provided under Chapter V of the Responsibility of States for
Internationally Wrongful Acts, 2001 are applicable12.

III - Applicability of Universality principle for the issues pertaining to Drug Trafficking

States have mostly limited themselves to territorial offences. However, by invoking the
principle of Universality every State can have jurisdiction to try offences that possesses threat
to international community. Hence, adhering to this principle can be an effective solution to
combat offenses relating to drug trafficking globally13.

III (1) Obligation to either extradite or prosecute (AUT DEDERE AUT JUDICARE)

Drug Trafficking responses on international level have had a long history due to the complexity
of such offences and their transnational externalities. Offences such as drug trafficking
demands absolute international co-operation. All efforts on international level were
consolidated in the Single Convention on Narcotic Drugs of 1961 and the Psychotropic
Substances Convention of 1971. The concept of Aut Dedere Aut Judicare would effortlessly
pave way for a quick legal remedy. Through this concept the perpetrators to Serious offences
such as drug trafficking shall be prosecuted by the Party in whose territory the offence was
committed, or by the Party in whose territory the offender is found14.

11
United Nations, Vienna convention on the Law of Treaties 1969,
http://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf (accessed on 24/08/2019 2:30 pm)
12
United Nations, Responsibility of States for Internationally Wrongful Acts 2001,
http://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf, (accessed on 24/08/2019 2:30 pm)
13
Malcolm N Shaw, International Law, Fifth edition. Cambridge university press, 2003, pg.592
14
Stoyan Minkov Panov, The obligation Aut Dedere Aut Judicare (‘Extradite Or Prosecute’) In International Law:
Scope, Content, Sources And applicability Of the obligation ‘Extradite Or Prosecute’, University of Birmingham
Research Archive e-theses repository,2016
 IV- United Nations and its efforts

IV (1) Security council presidential statement S/PRST/2012/16

At the 6760th meeting of the Security Council, held on 25 April 2012, in connection with the
Council’s consideration of the item entitled “Threats to international peace and security”

The Security Council acknowledges that distinct strategies are required to address threats posed
by illicit cross-border trafficking and movement. Nevertheless, the Council observes that illicit
cross-border trafficking and movement are often facilitated by organized criminal groups and
networks and further, encourages Member States and relevant organizations to enhance
cooperation and strategies, as appropriate, to combat such illicit cross-border trafficking and
movement.

IV (2) United Nations General Assembly Resolution A/RES/61/183 on International

cooperation against the world drug problem

Mentioning its Grave concerns that, despite continued increased efforts by States, relevant
organizations, civil society and non-governmental organizations, the drug problem continues
to constitute a serious threat to public health and safety and the well-being of humanity, in
particular children and young people, and to the national security and sovereignty of States,
and that it undermines socio-economic and political stability and sustainable development

IV (3) United Nations Economic and Social Council Resolution 2009/23

Support for the development and implementation of the regional programmes of the United

Nations Office on Drugs and Crime

IV (4) The Commission on Narcotic Drugs Resolution 48/1

Promoting the sharing of information on emerging trends in the abuse of and trafficking in

substances not controlled under the international drug control conventions15

IV (4) International Narcotics Control Board

The independent Quasi-Judicial body with the main objective of keepings checks and
balances over the implementation of the United Nations international drug control
conventions. It was established in 1968 in accordance with the Single Convention on
Narcotic Drugs, 1961. It had predecessors under the former drug control treaties as far
back as the time of the League of Nations.

IV (5) United Nations Commission on Narcotic Drugs

Established by Economic and Social Council (ECOSOC) resolution 9(I) in 1946, to

assist the ECOSOC in supervising the application of the international drug control
treaties. In 1991, the General Assembly (GA) expanded the mandate of the CND to
enable it to function as the governing body of the UNODC. ECOSOC
resolution 1999/30 requested the CND to structure its agenda with two distinct
segments: a normative segment for discharging treaty-based and normative functions;
and an operational segment for exercising the role as the governing body of UNODC.

V – Drug Trafficking and Human Rights violation – Urging a balance

The war on drugs has had devastating effects on human rights and public health
worldwide. Article 14(2) of the Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, 1988 clearly states that any measures adopted by the member
States shall respect fundamental human rights and shall take due account of traditional
licit uses, where there is historic evidence of such use, as well as the protection of the
environment. There is a correlation between the creation and development of an
international drug control regime and a variety of abuses and negative consequences.
In 2008, the UNODC World Drug Report identified a series of “unintended negative
consequences” of drug control actions. The same year, in a guide for its employees,
UNODC admitted that “there is a small, but ever present, risk that UNODC activities
could have a negative impact on human rights. Repeated human rights abuses and
restriction of freedoms constitute a systematic problem that is hard to hide. In spite of
the evidence, there is still strong resistance to implementing drug policies from a human

15
United Nations office on Drugs and crime, Drug related resolutions and decisions 2000 t0 2009,
https://www.unodc.org/unodc/en/commissions/CND/Resolutions_Decisions/Resolutions-Decisions_2000-
2009.html (accessed on 24/08/2019 3:30 pm)
 rights perspective16.Violations of the rights of people who use drugs are not perpetrated
symmetrically. Enforcement of drug control legislation and prohibition has notably
come to disproportionately impact some groups. Since police are permitted to use their
discretion in harassing people on the suspicion that they use drugs. People who use
drugs are not only tortured, but are also executed for drug offences approximately
around 32 states retain the death penalty for drug offences17. Hence, there exist a
definite imbalance amongst the member States when it comes to trying perpetrators of
Drug related offence.

VI – Promoting Inter Regional Co-operation

Inter-regional relations can be one of the efficient means that lead to dialogues,
Exchange of information and specific co-operative policies to combat cross boundary
drug trafficking or any other actions that disrupt maintenance of International peace
and security18. Regional approach to International Criminal Justice strongly affirms the
promotion of International Peace. Thus, strengthening international efforts to combat
challenges posed by drug trafficking, corruption and other forms of organized crime is
indeed a need of the hour.

VII - Effective domestic legislations

Eradicating the violence associated with drug trafficking is only the first step in
successfully containing the global drug problem. Domestic legislations with additional
governmental action plan would subsidise drug related violence. Governments has the
capability to regulate everything from the cultivation, possession to the consumption of
the newly legal drugs.

VIII - Legalisation – A viable solution?

The illicit drug trade is a violent industry that took flight on the wings of prohibition
and globalization. After a continuous war on drugs and forty years of drug policies,
something must be done to combat the growing drug trafficking problem and related
violence19. Hence, whether legalisation of drugs with specific regulatory mechanisms
can help us attain International maintenance of peace and security.

16
Juan Carlos Garzón, Luciana Pol, The Elephant in the Room: Drugs and Human Rights in Latin America,
International Journal on Human Rights, v.12, 2015
17
Gallahue, P. and Lines, The Death Penalty for Drug Offences, Global Overview 2010 l
18
Jürgen Rüland, Heiner Hänggi, Ralf Roloff, Interregionalism and International Relations: A Stepping Stone to
Global, Taylor & Francis, 2006
19
Jenner, Matthew S. "International Drug Trafficking: A Global Problem with a Domestic Solution," Indiana
Journal of Global Legal Studies: Vol. 18 issue 2, 2011