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Glimmers of Hope from the ICC and the Time-Critical Need for Restructuring the United Nations

改组联合国的必要性, Perlunya restrukturisasi PBB, Необходимость перестройки Организации Объединенных Наций, Birleşmiş Milletler'in yeniden yapılandırılması ihtiyacı, نیاز به تغییر ساختار سازمان ملل
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Feb. 19, 2020 Draft
This book has been  revised and can be downloaded in PDF format from the bottom of this page.

ABSTRACT

This book is a cross-disciplinary law, history, political science, and news review suggesting numerous structural reforms within the United Nations are time-critical prerequisites for it to begin to live up to its mandate, and due to rapidly escalating conflicts involving nuclear armed states, there is an overwhelming need for those structural reforms to be enacted as soon as possible. Though very recent judicial actions by International Criminal Court (ICC) Prosecutor Fatou Bensouda to conduct official probes into war crimes in Palestine and hold hearings on U.S. torture and other grave crimes in Afghanistan offers faint glimmers of hope regarding a paradigm shift at the United Nations, they are nowhere near enough to substantially alter the plans of the primary belligerents in the world’s major conflicts, as the “targeted assassination” of Iranian General Soleimani and nine other people January 3rd proved. The leadership in USA cannot imagine “harmonizing” within a multi-polar world and is attempting to trigger WWIII to maintain its monopolar global hegemony, and so intends to keep provoking Iran until it gets the desired results. In this case, the “glimmers of hope” from the ICC will be too little too late to prevent another major war from breaking out. Though not a confirmed signatory country to the Rome Statue (that created the ICC), the US has always been held sacrosanct at the UN. This review article asserts 1) ) the United Nations has failed miserably in its stated duty to prevent wars as is evidenced by the ever increasing number of displaced persons in the world now exceeding 70 million, 2) there is a time-critical need for restructuring the UN in order to very rapidly cool nuclear flashpoints in Iran and Kashmir and reduce the probability of a broader regional war starting in Libya 3) that restructuring is also necessary to produce a deterrence effect designed to stop other current wars and prevent future wars, 4) the historic and current colonial activities by democracies, and the relative freedoms in and successes  of China demonstrate that democracy is not the only form of representative government that promotes freedom and human rights and UN documents should be amended as thus far they have only extolled democracy as the “saving grace” of peace and freedom, when in many cases the exact opposite has been proven to be true, 5) the UN has neglected some critically important education needs and other human rights issues such as corporate-driven land grabbing world-wide that also need addressing post-haste. This book concludes that if the UN put more effort into conflict deterrence with more rapid investigations into possible war crimes and crimes against humanity before the beginning of wars e.g. the illegal sanctions against Iran and the “targeted assassination” of Qassem Soleimani and his associates in Iraq on January 3rd 2020, they could finally begin to fulfill the 1945 UN Charter mandate to prevent wars. This book concludes by presenting 16 suggestions for amendments to the UN Charter and derivative documents loosely assembled under the auspices of: THE EMANCIPATION PROCLAMATION OF THE UNITED NATIONS 2020. The question for the UNGA and readers is this: “Will the UN remain a sycophantic organization serving exclusively US interests forever and thus possibly ‘go down with the ship’ or begin to live up to the original mandates inculcated in its original 1945 Charter?”
Key words: Starvation, Disease, United Nations, Security Council, International Criminal Court, ICC, Reform, Law, International Law, Weapons, Democracy, Socialism, Communism, Refugees, Iran, Kashmir, Libya, Syria, Israel, World War III, WWIII, educational reform, Conflict Resolution Strategies, indigenous, land grabbing

I. Introduction

It is not an overstatement to categorically state that the lives of billions of people are profoundly and immediately dependent upon a rapid and dramatic restructuring of the United Nations supplemented by legislative reforms and educational initiatives.
At the closing of 2019 humanity and the environment which sustains it are standing upon the precipice of a chasm unlike any before encountered in human history. The “practical” killing power of humanity has never been greater (e.g. exclusive of some nuclear weapons), and the recklessness of some world leaders and the intelligence chiefs that advise them, combined with the desperation of some political parties and some radicalized special interest groups are at all-time highs. This combined with the American Supreme Court’s sanctification of political campaign finance corruption has created a powder keg of poorly contained potential energy that threatens the existence of all life on earth at this time.
Though democracy wasn’t mentioned in the original UN Charter it has increasingly over time found its way into UN documents:
https://www.un.org/en/sections/issues-depth/democracy/index.html 
https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_RES_55_2.pdf
Those documents spuriously associate democracy “with promoting human rights, development, and peace and security,” and have led to the creation of a labyrinth of UN organizations devoted to promoting democracy:
United Nations activities in support of democracy are carried out through the United Nations Development Programme (UNDP), the United Nations Democracy Fund (UNDEF), the Department of Peace Operations (DPO), the Department of Political and Peacebuilding Affairs (DPPA), the Office of the High Commissioner for Human Rights (OHCHR),and the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), among others.
When in fact the European and American powers that created and perpetuated colonialism were some of the first to become democracies:
France  1792
UK         1918
Italy       1948
USA       The history of democracy in the USA is a spotty one at best.
In 1776 only white men with property were permitted the right to vote. Women, Catholics, African American slaves, Jews, Quakers, Chinese, Native Americans and others were barred from voting.
Women didn't get the right to vote until 1920,
It wasn’t until 1940 that Congress recognized Native Americans as citizens. 
It was not until 1947 that all states granted them the right to vote.
It wasn’t until 1943 that the Chinese Exclusion Act of 1882 was repealed, giving Chinese immigrants the right to citizenship and the right to vote.
http://cmsdev.polkcountyiowa.gov/media/42494/voting_history.pdf

As an example of covert colonialization of foreign nations during the formative years of the development of American Democracy in the US, starting around 1800 US big business started importing tons of opium into China.

“The Americans were marvelously ingenious in their exploitation of the commerce. They managed to circumvent both the East India Company’s franchise and the Chinese Government’s prohibition and carried on a very lucrative, if anti-social and ultimately ruinous trade. Finally, the fact of American participation in the traffic fundamentally altered the American posture in the Far East. It grew like the Southern view of slavery – which began as an economic necessity ultimately developed into a conception of national interest with disastrous implications for the future.”
Jacques M. Downs, American Merchants and the China Opium Trade, 1800-1840, The Business History Review, Vol. 42, No. 4 (Winter, 1968), pp. 418-442  (Accessed from JSTOR, 12/29/2019)

US Sanctions Are Designed to Kill
US sanctions are killing ordinary Iranians by the thousands. Through its control over the world banking system, America’s sanctioning power flouts international human rights law and poses a threat to the world.
By Kevin Cashman and Cavan Kharrazian

https://www.jacobinmag.com/2019/09/us-iran-sanctions-donald-trump-iran-deal-oil-banks
Fortunately, the uncountable crimes against humanity and war crimes committed against Palestinians and Afghans are not likely to trigger a very wide international war at this time, however the deadly sanctions and the build-up of military forces around Iran is. The UN ignores these violations of international law at potentially unfathomable cost. Why are they being ignored in the face of the truly catastrophic and inevitable consequences?
Upon review of a wide variety of histories and contemporary events, and international and American laws it becomes abundantly clear that restructuring the United Nations is not simply a solution to the primarily American driven extreme violence around the world which ultimately is responsible for most of the poverty, but rather is the only possible solution.
The structural reforms suggested in this article must be significant in their ability to “jump-start” the United Nations into beginning to actualize its mandate, something it has not really begun to do yet, at least until December 2019.
Unfortunately, “business as usual,” at the United Nations, or even a modest increase in prosecutions at the ICC, isn’t going to make a significant difference in world affairs given both international corporate and American foreign policy’s momentum and inertial forces at work now.
The United Nations mandate is to promote international peace yet currently numerous wars large and small are raging out of control and WWIII has for all practical purposes already started as judged by the increasingly rapid escalation in the numbers of displaced people and refugees in the world today. And yet, things can get vastly worse with a rapidity that will stun humanity such as never happened before if even further, much more dramatic action is not taken in regards to a rapid restructuring at the United Nations.
Feeding into the “perfect storm” in the making is the horrific slowness with which the International Criminal Court (ICC) has traditionally gone about its business.
Established by the Rome Statute in 1998 which began sittings on July 1, 2002, the ICC in the seventeen years of its existence, has only heard 27 cases. This is much less than the average very small town anywhere in the world.
The ICC has indicted 44 people and issued arrest warrants for 36 individuals and summonses to eight others. Six persons are in detention. Though the following article is from January 2016, it makes some legitimate points.
13 years, 1 billion dollars, 2 convictions: Is the International Criminal Court worth it?
Does the ICC have a racial bias? Does it lack legal authority in multiple instances?
Some 13 years after it started operating, The International Criminal Court (ICC) in The Hague is struggling with allegation of inefficiency, delayed justice and a bias against Africa. The election of Ms. Fatou Bensouda, of Gambian decent, as the Chief Prosecutor of the court in December 2011 was seen as the answer to the growing criticism by many.
However, three and half years into her tenure, it seems like the challenges facing prosecutor Bensouda and the court are only growing.
https://www.dw.com/en/13-years-1-billion-dollars-2-convictions-is-the-international-criminal-court-worth-it/a-19006069
A variety of factors seem to have come together to help motivate ICC Prosecutor Fatou Bensouda to shift the former direction of the ICC and accelerate investigations which are long overdue and discussed later in this paper.
In spite of these glimmers of hope, a great deal of other investigations needs to be initiated by the ICC at a greatly accelerated rate if any hope of realizing the lofty goals enshrined in the UN Charter are ever to be realized, without the added “obstacle” and motivation of WWIII which can easily be ignited by American very aggressive and illegal actions against Iran.

Ultra-Brief global overview

 As the era of uncontested U.S. primacy fades, the international order has been thrown into turmoil. More leaders are tempted more often to test limits, jostle for power, and seek to bolster their influence – or diminish that of their rivals – by meddling in foreign conflicts. Multilateralism and its constraints are under siege, challenged by more transactional, zero-sum politics. Instruments of collective action, such as the UN Security Council, are paralyzed; those of collective accountability, including the International Criminal Court, are ignored and disparaged.
https://www.crisisgroup.org/global/10-conflicts-watch-2019

In addition to the Israeli/American/GCC unprovoked war ready to launch upon Iran, and the Indian assault upon the already very limited freedoms of the Kashmiri people, there are also hot wars being fought in Afghanistan, Libya, Syria, Yemen and a large number of other nations which the United Nations and western mainstream media, also known as the colonial press has decided people just don’t need to know about.
And then there is the economic strangulation of any nation that does business with another nation that competes with the United States, e.g. Russia and China and the economic strangulation of Iran, Cuba and socialist Venezuela after the failed American driven attempted coup and the successful coup the United States orchestrated against Bolivia in November 2019 also for the dubious “crime” of being socialist.
Meanwhile nobody is keeping accurate war related casualty statistics, as the number of “secondary deaths” caused by a lack of clean water, starvation and disease during and following armed conflicts are never included as war casualties. Various organizations are claiming war casualties are far below WWII, however the ultra-rapid rise in the refugee and other displaced persons populations strongly suggests otherwise. In addition, American policy forbids recording enemy casualty deaths, and there is a prevailing policy that “if nobody writes it down, it didn’t happen.” Simultaneously, the percent of civilian casualties has skyrocketed due to the ultra-rapid increase in the use of drones, which are often used in rural areas and again, in most cases nobody counts the casualties.
Medical Report HIV, Polio, Ebola, Dengue Fever, Yellow Fever, are rising. Nine million people a year die of starvation.
Kigali, 6 December 2019 – Growing resistance to HIV drugs in Africa is threatening the significant progress made in the global fight against the virus.
https://www.afro.who.int/news/who-unveils-plan-tackle-rising-hiv-drug-resistance-africa
  • Polio outbreaks in several countries in Africa   
Angola, Benin, Cameroon, Central African Republic, Chad, Democratic Republic of the Congo, Ethiopia, Ghana, Mozambique, Niger, Nigeria, Somalia, Togo, Zambia
           https://wwwnc.cdc.gov/travel/notices/alert/polio-africa
           14 countries seem like more than “several,” the word used on the CDC Internet site.
  • Resurgence of Ebola virus disease – 11 new cases in one week in December in the Democratic Republic of the Congo
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By NIAID - Ebola Virus, CC BY 2.0, httpscommons. wikimedia.orgwindex.phpcurid=36038622
Eleven new confirmed cases were reported from 11 to 17 December in the ongoing Ebola virus disease (EVD) outbreak in North Kivu and Ituri provinces. The confirmed cases in this week were reported from three health areas in three health zones: Mabalako (82%, n=9), Biena (9%, n=1), and Butembo (9%, n=1). This is the first confirmed case in Butembo Health Zone in 54 days.
https://www.who.int/csr/don/19-december-2019-ebola-drc/en/
  • Measles – Global situation
Disease outbreak news, 27 November 2019
Many countries around the world are experiencing measles outbreaks. As of 5 November 2019, there have been 413,308 confirmed cases reported to WHO through official monthly reporting by 187 Member States in 2019.

https://www.who.int/csr/don/26-november-2019-measles-global_situation/en/
Rise in Yellow Fever
10 December 2019
Yellow fever is an acute infection caused by the yellow fever virus, which mainly infects monkeys and humans. It is endemic in tropical areas of Africa and Central and South America. In recent few years, yellow fever cases have been reported in many countries in Africa and the Americas with major outbreaks in Brazil, Congo, Ethiopia, Nigeria and South Sudan.

https://www.chp.gov.hk/en/healthtopics/content/24/25044.html
25 January 2019: Yellow Fever - Epidemiological Update
In 2019, three countries in the Region of the Americas (Bolivia, Brazil, and Peru) have reported confirmed yellow fever cases occurring between December 2018 and February 2019.

https://www.paho.org/hq/index.php%3Foption%3Dcom_topics%26view%3Drdmore%26cid%3D2194%26Itemid%3D40784%26lang%3Den
Hunger and Starvation – 9 million people a year dying of starvation; most are in “conflict zones”
The 2019 report - Reliefweb
The 2019 GHI measures hunger in 117 countries where the assessment is most relevant and where data on all four component indicators are available.
43 countries out of 117 countries have levels of hunger that remain serious
4 countries Chad, Madagascar, Yemen, and Zambia suffer from hunger levels that are alarming and 1 country Central African Republic from a level that is extremely alarming.

https://reliefweb.int/report/world/2019-global-hunger-index-challenge-hunger-and-climate-change
Hunger kills - Around 9 million people die of hunger and hunger-related diseases every year, more than the lives taken by AIDS, malaria and tuberculosis combined. The majority of those who are hungry live in countries experiencing ongoing conflict and violence — 489 million of 821 million. The numbers are even more striking for children. More than 75 percent of the world's malnourished children (122 million of 155 million) live in countries affected by conflict.
https://www.mercycorps.org/articles/quick-facts-what-you-need-know-about-global-hunger
World hunger is still not going down after three years and obesity is still growing – UN report
More than 820 million people are hungry globally
15 July 2019

https://www.who.int/news-room/detail/15-07-2019-world-hunger-is-still-not-going-down-after-three-years-and-obesity-is-still-growing-un-report
From Africa and Asia to Latin America and the Near East, there are 821 million people - more than 1 in 9 of the world population - who do not get enough to eat.
https://www.wfp.org/publications/2019-hunger-map
World Child Hunger Facts
    Overall, 5.6 million children under age five died in 2016, nearly 15,000 daily (World Health Organization [WHO], 2016). The risk of a child dying before five years of age is highest in Africa (76.5 per 1000 live births), about 8 times higher than in Europe (9.6 per 1000 live births) (WHO, 2016).
    Approximately 3.1 million children die from undernutrition each year (UNICEF, 2018a). Hunger and undernutrition contribute to more than half of global child deaths, as undernutrition can make children more vulnerable to illness and exacerbate disease (UNICEF, 2018a).
    Children who are poorly nourished suffer up to 160 days of illness each year (Glicken, M.D., 2010). Undernutrition magnifies the effect of every disease including measles and malaria. The estimated proportions of deaths in which undernutrition is an underlying cause are roughly similar for diarrhea (61%), malaria (57%), pneumonia (52%), and measles (45%) (Black, Morris, & Bryce, 2003; Bryce et al., 2005). Malnutrition can also be caused by diseases, such as the diseases that cause diarrhea, by reducing the body’s ability to convert food into usable nutrients (Black, Morris, & Bryce, 2003; Bryce et al., 2005)
    66 million primary school-age children attend classes hungry across the developing world, 23 million whom live in Africa, which greatly impacts their ability to learn (World Food Programme [WFP], 2012).

https://www.worldhunger.org/world-child-hunger-facts/
Global hunger has not gotten better in the last three years, it’s gotten worse; largely a consequence of weapons proliferation.
Weapons Proliferation
1. United States of America (USA) – $10.5bn
United States is the world’s biggest exporter of weapon systems.
The total value of the arms exported by the US was $10.5bn in 2018, while the nation closed foreign military sales (FMS) contracts worth $55.6bn during the year for transferring arms to its allies.
Major weapon types exported were combat aircraft, helicopters, unmanned aerial vehicles (UAVs), anti-tank missiles, naval gun systems and missiles, sensors, engines, and guided weapon systems. Combat aircraft accounted for more than half of the total arms exported by the US during 2014-2018.
2. Russia – $6.4bn
Russia exported arms worth $6.4bn to multiple countries worldwide in 2018.
Russia, the world’s second biggest defence exporter, transferred arms worth $6.4bn in 2018. Its weapons exports to India and Venezuela suffered a decline during the year.
Russia transferred major weapons to 48 nations during the last five years, with India, China, and Algeria being the biggest importers. Su-30MK fighter, T-90S tank, Mi-17 helicopter, and BMP-3 IFV are the popular export products of Russia.
3. France – $1.76bn
France exports armoured vehicles, combat aircraft and naval vessels. Image courtesy of Gertrud Zach/U.S.Army.
French arms exports in 2018 were driven by the sales of combat aircraft and naval vessels. The country’s key defence exports include the Rafale fighter jet, NH-90 helicopter, Gowind-2500 frigate, MILAN anti-tank missile, and the MICA SAM system, among others.
France delivered major weapon systems to 78 countries during the last five years, among which Egypt was the biggest importer, followed by India and Saudi Arabia.
4. Germany – $1.27bn
Armoured vehicles and naval platforms formed a major portion of German arms exports in 2018. Image courtesy of Alan Wilson.
Germany’s weapons exports in 2018 were mainly driven by the sales of naval platforms and armoured vehicles.
The country exported OPV-80 patrol vessels, Type-214 submarines, Leopard main battle tanks (MBTs), and MTU diesel engines to countries in Asia and Oceania, Europe, and the Middle East regions.
5. Spain – $1.18bn
Europe’s third biggest arms exporter Spain transferred weapons worth $1.18bn in 2018. Image courtesy of Benjamín Núñez González.
Arms exports of $1.18bn in 2018 made Spain the third biggest arms exporter in Europe. Aircraft account for the majority of Spain’s exports, followed by naval vessels and sensor systems.
The country exported aircraft, naval vessels and armoured vehicles, including C-295 and A-330 MRTT aircraft, Hobart-class destroyers, and Ajax (Scout-SV) to Australia, Turkey, Saudi Arabia, the UAE, Malaysia and Egypt, between 2014 and 2018.
6. South Korea – $1.08bn
Top ten arms exporting countries
Iraq and Turkey were the major importers of South Korean weapon systems during 2014-2018.
South Korean arms exports in 2018 were valued at $1.08bn, posing a tough competition to China as the main Asian exporter of arms. Iraq and Turkey were the major arms importers of South Korean weapons during the last five years.
The T-50 Golden Eagle trainer/combat aircraft, KT-1 Woong Bee trainer, and K-9 Thunder self-propelled gun systems form a major part of the nation’s defence exports.
Korea Aerospace Industries (KAI), Huta Stalowa Wola (HSW), Hyundai Rotem, Daewoo Shipbuilding and Marine Engineering (DSME), and Hyundai Heavy Industries (HHI) are the major South Korean defence exporters.
https://www.army-technology.com/features/arms-exports-by-country/

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https://www.weforum.org/agenda/2019/03/5-charts-that-reveal-the-state-of-the-global-arms-trade/
Manufacturing and exporting weapons to kill people is damn good business, especially for the USA, with Russia in a distant second place, and everyone else way far behind. Who are the victims? Mostly children. Mostly the children of people of color, Muslims and socialists. But their numbers are not added to what few war victim statistics are published, because most of them die slowly of hunger and disease after the bombs stop falling. What is the lesson to learn from this?
The ultra-rapid rise in the refugee and other displaced persons populations
According to UNHCR as of June 2019, there are 70.8 million displaced persons in the world, 41.3 million internally displaced people, 29.5 million refugees, and 3.5 million asylum seekers. There were less than 50 million refugees at the end of WWII raising the question: Has a widely dispersed, covert form of WWIII already begun and nobody seemed to notice?
According to UNHCR data 57% of the refugees come from three nations, Syria (6.7 million – a war started 15 March 2011 during Hillary Clinton’s stint as Secretary of State under Barak Obama), Afghanistan (2.7 million, a war that started under George W. Bush’s administration, 7 October 2001, pushed by former President Clinton’s Director of Central Intelligence George Tenet) and South Sudan (2.3 million, started 1983, a conflict that really began in the early 1970s with the CIA importing New Testament Bibles and weapons into what was the primarily animist mixture of tribes at that time in South Sudan in an effort to divide primarily Muslim Sudan).

https://www.unhcr.org/ph/figures-at-a-glance
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In other words, the foreign policies of the United States, operationalized primarily by the Central Intelligence Agency of the United States of America is responsible for every one of the primary three wars creating the largest groups of refugees in the world, with a statistically significant proportion of them being Muslim (from a sample of the total world population).
And yet there is no war crimes tribunal accusing the presidents of United States or Directors of Central Intelligence of War Crimes. Why not? Some of the reasons are articulated later on in this article.

The United Nations Charter states that the United Nations was founded to “save succeeding generations from the scourge of war.”
In contrast, the enduring racist and religiously bigoted colonial policies of the UK, and USA have functioned diligently and ruthlessly to ensure endless conflicts for generations to come, e.g. by global scale gerrymandering, drawing national borders that cut across and fragment traditional tribal, ethnic, racial, cultural and linguistic groups creating unequal minority groups within those nations; colonial powers favoring one ethnic group over another within those artificially created nations (e.g. as in the case of the Tutsi and Hutu tribes in Rwanda) and routinely committing Crimes Against Humanity (e.g. killing increasing percentages of civilians with drone strikes) in developing nations, wherein the surviving victim family members if there are any have little or no legal recourse to justice.
The colonizer habit is apparently quite impossible for some to quit:

Court Rules British MI5 Agents Can Murder, Kidnap and Torture, By Jonathan Browning, December 20, 2019
https://www.bloomberg.com/news/articles/2019-12-20/licensed-to-kill-court-rules-mi5-can-murder-kidnap-torture

To read this article in full, download the PDF below.
Draft: Feb. 19, 2020
a_time-critical_need_for_restructing_the_un-2nd_ed_2_19_2020.pdf
File Size: 5006 kb
File Type: pdf
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The US signed the UN Charter in 1945, but unfortunately has not followed any of the laws written into the statutes, yet.
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