Position Paper

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Post  Feldman on Sat Feb 06, 2010 11:36 am

Malawi is a proud signer and ratifier of the ICC. Although Malawi has no direct connection to diplomatic immunity, Malawi believes strongly in supporting the developed world’s stance on ensuring that no head of state is safe to committee atrocities such as genocide. Malawi has been the recipient of several thousand refugees fleeing from conflict torn areas of Africa, including the Congo and Rwanda. Malawi has never forcibly repatriated those seeking asylum. Malawi feels for the plight of these people. The nations of the United Nations must bring the perpetrators to justice or there shall never be peace and stability on the African continent.
Malawi believes in stability. A country like Sudan will never be stable unless they take charge of their actions and allow the international community to assist them in ridding themselves of a serious problem. Peace and stability should be the watchwords of the African Union, not isolationism and rejection of the first world.
Saying this there is a large distinction that needs to be made. The national courts of any country must not be allowed to try former and present heads of state. The only courts that can try a former or present head of state are the ICC, if that nation is a signatory and ratifier, or the ICJ, if it is not. If the general assembly passes a resolution to bring someone before the ICC/ICJ, the Security Council should do likewise. After this the prosecutors for the relevant court should begin gathering evidence for indictment and ask for extradition. If an extradition does not occur, the force of all nations should force compliance through the power of suggestion and peer pressure that only the UN can muster.
Once a person becomes a politician there is really nothing that can be considered private other than what he does in his own home. Any actions or decisions that effect his country or other people is considered public (and “state acts”) and therefore accountable to scrutiny and punishment by the outside world.
The reason why the United Nations was created was to create a global forum where nations could express their grievances, work to rid the world of war, and prevent genocide from occurring ever again. If we want these to occur, the UN must take action.

The righteous nation of Malawi has a proud history with Peacekeeping operations. As a relatively stable south African nation, Malawi has been a working partner with the United Nations, the African Union, and the United States in working to bring about African stability. Although some nations consider Malawi little developed, Malawi has a long and honorable history of supporting western industrialized nations to accomplish stability goals in the African region. Malawi believes in the high ideals of the Universal Declaration of Human Rights and tries to live them out in practice as well as on paper. Malawi takes in refugees when possible and is committed to stabilization of the African continent. Malawi has sent a battalion of peacekeepers to Somalia, eight thousand to Chad, and has supported peace operations around the African continent. Because Malawi is generous towards refugees, they are unable to contribute funding for the peace efforts. Malawi also sends troops as part of AU efforts to stabilize other African regions, namely in Somalia.
Malawi believes that Africa can become a great continent rivaling the likes of Europe, Asia, and North America. What stands in the way of such greatness is the lack of stability that plagues many of the African nations. To intervene for human rights and to restore the rule of law to the land is not only the right thing to do, but the only thing any reasonable nation can do. The African people have been oppressed by the white colonizers, but it is time for Africa to put aside the past and focus on a stronger future with our strong western allies. We are only strong if we can look past our differences and move forward.
A resolution that must be passed by the body is one that states that human rights violators should not be allowed to hide behind sovereignty, that allows for interventions on the behalf of the weak and suffering, that allows for further communication of combined UN and UN-aligned peacekeeping operations, and that mandates multi-literalism of any action by a simple majority in the general assembly (9/15 in the security council is still needed to authorize peacekeepers). Peacemaking operations should be the normal mandate, not peacekeeping, and any peacekeepers should understand that they always have the right to use force whenever necessary.
Although many of the developed countries around the world may not contribute what others may consider their fair share, Malawi understands that they provide donations in other ways, including food aid given to countries, like Malawi, that are in need.


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