Position Paper / White Paper

LEGACY Venezuela (Bolivarian Republic of) ICJ - Topic 1


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Country: Bolivarian Republic of Venezuela
Committee: International Court of Justice
School: Carl Sandburg High School
Delegate: Ms. Savannah Ayala
Paper: White
Topic A: Application of the Convention On the Prevention and Punishment of the Crime of Genocide 
The Bolivarian Republic of Venezuela , a nation involved in the drafting of the document in question, quite explicitly rejected universal jurisdiction for the crime. Venezuela recognized  Article VI recognises only territorial jurisdiction, as well as the jurisdiction of an international criminal tribunal. Understanding that more developed nations requested international criminal tribunal, observing the supposed latent absence. Venezuela agreed to the Convention, the General Assembly also adopted a resolution directing that work begin on a draft statute for such a court. The implementation of the Convention lead to the adoption of the Rome Statute of the International Criminal Court; a system that has been proven beneficial to the international community.
The Bolivian Republic of Venezuela recognizes the discrepancies of the committee having stemmed from the different interpretations of the term ‘genocide’. However, Venezuela has and will hold nations accountable to their agreement of the definition of genocide set out in article II ;a much-reduced version of the text prepared by the Secretariat experts, who had divided genocide into three categories, physical, biological and cultural genocide. The Legal Committee of the General Assembly  voted to exclude cultural genocide from the scope of the Convention, although it subsequently agreed to an exception to this general rule, allowing “forcible transfer of children from one group to another” as a punishable act. The Convention is criticised for its limited scope; in regards to their goal of having rulings be applicable and serve as overall law. Venezuela will provide leadership during the long endeavor to wane the difficulty of expanding the definition of genocide or by amending the Convention, but rather by appealing to the pathos of delegates closely related concept of crimes against humanity. Case law of the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia has confirmed a restrictive approach to interpretation of the definition of genocide, resisting its extension to cases of ethnic cleansing and similar attacks upon groups aimed at their displacement rather than at their physical extermination.
     The Bolivarian Republic of Venezuela embraces the  obligation to prevent genocide with the responsibility to protect, recognised in the United Nations General Assembly and Security Council. Unlike most of the other main human rights treaties, the Genocide Convention does not establish a monitoring mechanism; henceforth, Venezuela will propose the creation of a multilateral tiered monitoring program in order to hold nations accountable for violating the set standards of the Convention. In 2004, the Secretary-General of the United Nations established the high-level position of Special Adviser on the Prevention of Genocide, Venezuela intends to expand their current responsibilities to proposed monitoring program.