DELHI MUN 2026  ·  MAIDEN EDITION  ·  NEW DELHI, INDIA  ·  REGISTRATIONS OPEN  ·DELHI MUN 2026  ·  MAIDEN EDITION  ·  NEW DELHI, INDIA  ·  REGISTRATIONS OPEN  ·DELHI MUN 2026  ·  MAIDEN EDITION  ·  NEW DELHI, INDIA  ·  REGISTRATIONS OPEN  ·DELHI MUN 2026  ·  MAIDEN EDITION  ·  NEW DELHI, INDIA  ·  REGISTRATIONS OPEN  ·DELHI MUN 2026  ·  MAIDEN EDITION  ·  NEW DELHI, INDIA  ·  REGISTRATIONS OPEN  ·DELHI MUN 2026  ·  MAIDEN EDITION  ·  NEW DELHI, INDIA  ·  REGISTRATIONS OPEN  ·DELHI MUN 2026  ·  MAIDEN EDITION  ·  NEW DELHI, INDIA  ·  REGISTRATIONS OPEN  ·DELHI MUN 2026  ·  MAIDEN EDITION  ·  NEW DELHI, INDIA  ·  REGISTRATIONS OPEN  ·

DELHI MUN 2026

NAVIGATION
HomeFAQContact
how_to_regREGISTER NOW
Delhi MUN 2026 · Background Guide

United Nations
General Assembly

Accountability for War Crimes Against Civilians under International Humanitarian Law, with Emphasis on United Nations Mechanisms. The official Delhi MUN 2026 background guide for the United Nations General Assembly.

Delhi MUN 2026 ·

War CrimesIHLGeneva ConventionsRome StatuteICCComplementarityIIIMMyanmar MechanismUniting for PeaceCommand ResponsibilityAdvisory OpinionsEvidence PreservationCivilian Protection
Committee Overview

About the Committee

The United Nations General Assembly is the principal deliberative, policymaking, and representative organ of the United Nations. It comprises all 193 UN Member States, each of which has one vote regardless of size, population, or economic power. The General Assembly meets in regular annual sessions beginning in September, and may convene emergency special sessions when circumstances require. Its resolutions are adopted by simple majority on ordinary questions, and by a two-thirds majority on important questions — including peace and security, admission of new members, and budgetary matters.

Unlike Security Council resolutions, General Assembly resolutions are not legally binding on Member States. They represent the collective views of the international community, carry significant political and moral weight, and can — over time — contribute to the formation of customary international law. The Assembly's authority derives from its universal membership and the legitimacy that flows from near-universal representation, rather than from enforcement powers. This makes it a uniquely important venue for establishing international norms, launching investigative or monitoring bodies, and providing a platform for issues that the Security Council cannot address due to the veto.

At Delhi MUN 2026, delegates will simulate a plenary session of the General Assembly. The committee will operate under UNA-USA rules of procedure applicable to GA plenary sessions. With 193 member delegations, the GA simulation places a premium on coalition-building, bloc diplomacy, and the crafting of language broad enough to command the two-thirds support required for resolutions on important questions. Delegates should be prepared to negotiate across the deep political divides between Western states, the Group of 77, the African Union bloc, and others — while ensuring that the committee's output reflects genuine consensus-building rather than lowest-common-denominator compromise that obscures the substantive issues.

The Agenda

Introduction to the Agenda

The deliberate targeting of civilians, the use of prohibited weapons, the systematic commission of rape and sexual violence as a tactic of war, the destruction of civilian infrastructure, and the denial of humanitarian access are not merely moral failures — they are crimes under international law, punishable by the international community regardless of the perpetrator's rank, nationality, or political affiliation. International humanitarian law — the law of armed conflict — has been progressively developed over a century and a half to impose binding constraints on how parties to armed conflicts may conduct hostilities, with civilian protection at its core.

Yet the gap between the law's promise and its practical enforcement remains vast. The twentieth century's worst atrocities — the Holocaust, Cambodia, Rwanda, Srebrenica — each occurred after the Geneva Conventions were in force. The twenty-first century has not been spared: Syria, Yemen, Myanmar, Sudan, Ukraine, Gaza, and the Sahel have all generated credible evidence of systematic violations of IHL, including attacks on hospitals, schools, and civilian populations, summary executions, and the use of starvation as a weapon of war. In each case, accountability has been partial at best. Perpetrators in positions of state power routinely enjoy impunity; non-state actors are rarely prosecuted; and the political dynamics of the Security Council have repeatedly prevented mandatory referrals to the International Criminal Court.

The General Assembly has a critical role to play in addressing this accountability gap. It cannot deploy enforcement troops or compel states to extradite suspects. But it can establish investigative mechanisms, adopt normative frameworks, create political accountability through resolutions, request advisory opinions from the International Court of Justice, and — under the Uniting for Peace procedure — take collective action when the Security Council is paralysed. The agenda before this committee asks delegates to evaluate these tools honestly: their legal basis, their record of effectiveness, their institutional limitations, and the reforms that might make them more equal to the challenge of ending impunity for the most serious crimes in international law.

Legal Foundations

Legal Framework: IHL and War Crimes

International humanitarian law has two primary sources: treaty law and customary international law. The treaty framework is anchored by the four Geneva Conventions of 1949, which have been ratified by all 196 states recognised under international law — making them the most universally ratified treaties in history. The Conventions establish comprehensive protections for wounded and sick combatants on land (Convention I), at sea (Convention II), prisoners of war (Convention III), and civilians (Convention IV). Common Article 1 of all four Conventions establishes the obligation to "respect and ensure respect" for the Conventions in all circumstances — an obligation the International Court of Justice has interpreted as extending to the conduct of other parties, not merely one's own forces. Common Article 3, applicable to non-international armed conflicts, establishes baseline minimum protections: prohibition of violence to life and person (including murder, mutilation, cruel treatment, and torture), prohibition of hostage-taking, prohibition of humiliating and degrading treatment, and the requirement to provide care for the wounded and sick without discrimination.

The 1977 Additional Protocols to the Geneva Conventions substantially developed the law of non-international armed conflict (Additional Protocol II) and codified and extended the rules applicable to international armed conflicts (Additional Protocol I). Additional Protocol I establishes the fundamental principles governing the conduct of hostilities: distinction (parties must at all times distinguish between civilians and combatants, and between civilian objects and military objectives), proportionality (attacks must not cause civilian casualties excessive in relation to the anticipated military advantage), and precaution (parties must take all feasible precautions to minimise civilian harm). These principles are now regarded as customary international law applicable to all parties in all armed conflicts, regardless of whether they have ratified the Protocols.

War crimes are defined in international law as serious violations of IHL that give rise to individual criminal responsibility. The Rome Statute of the International Criminal Court, in Article 8, provides the most comprehensive and authoritative enumeration of war crimes in positive international law. Article 8 identifies grave breaches of the Geneva Conventions (including wilful killing, torture, taking hostages, and extensive destruction of civilian property not justified by military necessity), other serious violations of the laws and customs applicable in international armed conflict, and — in a significant development — a list of serious violations applicable in non-international armed conflict, including attacks on civilians, pillaging, committing rape and other forms of sexual violence, and conscripting child soldiers.

The doctrine of command responsibility — codified in Article 28 of the Rome Statute — establishes that military commanders and civilian superiors may be held criminally responsible for war crimes committed by forces under their effective control if they knew or should have known that the crimes were being committed or were about to be committed, and if they failed to take all necessary and reasonable measures to prevent, repress, or report them. Command responsibility has been applied in international tribunals including the International Criminal Tribunals for the former Yugoslavia and Rwanda, and by the ICC itself. It is one of the most powerful tools for reaching senior leaders who direct or condone atrocities without personally committing them.

ICC Architecture

Complementarity and the ICC

The International Criminal Court, established by the Rome Statute and operational since 2002, is the first permanent international criminal tribunal with jurisdiction over genocide, crimes against humanity, war crimes, and the crime of aggression. It represents the most significant institutional achievement in international criminal justice since Nuremberg. Yet the ICC is not a universal court — it currently has 124 states parties, leaving important actors outside its jurisdiction. Major states including the United States, Russia, China, India, and Israel are not parties to the Rome Statute, and — with the exception of Security Council referrals — the Court cannot exercise jurisdiction over nationals of non-party states or crimes committed on their territories.

The Court's foundational design principle is complementarity: the ICC is a court of last resort, intended to step in only when national legal systems are "unwilling or genuinely unable" to investigate and prosecute. Article 17 of the Rome Statute establishes that a case is inadmissible before the ICC if it is being investigated or prosecuted by a state with jurisdiction, unless that state is acting in a manner that is inconsistent with an intent to bring the person to justice — for instance, proceedings designed to shield a person from criminal responsibility, or proceedings conducted without the requisite independence and impartiality. Complementarity reflects a deliberate choice to preserve primary responsibility for accountability with domestic legal systems, treating the ICC as a safeguard against impunity rather than a replacement for national courts.

In practice, complementarity creates both opportunities and challenges for the accountability agenda. On the positive side, the ICC's existence has generated significant capacity-building in domestic criminal justice systems and created incentives for states to demonstrate genuine prosecutorial activity. On the negative side, complementarity can be manipulated: states may initiate domestic proceedings precisely to foreclose ICC jurisdiction, even when those proceedings have no genuine prospect of producing accountability. Distinguishing sincere domestic prosecution from ICC-blocking is a factual and legal determination that the Court's Pre-Trial Chamber must make in each admissibility challenge — a process that is inherently slow and politically sensitive.

The Security Council's referral power — under Article 13(b) of the Rome Statute — allows the Council to refer situations to the ICC even where the state concerned is not an ICC party. The Council exercised this power in 2005 (Darfur, Resolution 1593) and 2011 (Libya, Resolution 1970). Both referrals have produced arrest warrants — including for Sudanese President Omar al-Bashir — but enforcement has been limited: no suspect has been surrendered to the Court pursuant to either referral. The Council has not made any further referrals, and efforts to refer the Syria situation have been vetoed. The referral mechanism thus depends entirely on Security Council consensus — precisely the condition that the UNGA's Uniting for Peace procedure was designed to address when consensus fails.

Delhi MUN 2026

Debate accountability for war crimes.

Join the UNGA simulation at Delhi MUN 2026. Open to delegates from Delhi NCR and beyond.

SECURE YOUR SPOT
Institutional Mechanisms

UN Investigative Mechanisms

Recognising the inadequacy of ad hoc international tribunals and the limitations of ICC jurisdiction, the UN system has developed a new category of institution: investigative and evidence-preservation mechanisms that collect and analyse evidence to support future prosecutions, without themselves exercising prosecutorial authority. These mechanisms represent an important innovation in international accountability architecture, designed to bridge the gap between the commission of crimes and eventual accountability in whatever forum proves available.

The International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 — universally abbreviated as the IIIM — was established by the General Assembly in December 2016 through Resolution A/RES/71/248. The IIIM was the first accountability mechanism of its kind: established by the General Assembly (rather than the Security Council, which had been blocked by veto from acting on Syria), it operates as an independent body mandated to collect, consolidate, preserve, and analyse evidence of violations of international humanitarian law and human rights law in Syria, and to prepare files to facilitate and expedite fair and independent criminal proceedings in national, regional, or international courts. The IIIM does not conduct its own prosecutions. It builds case files and makes them available to prosecutors — in ICC proceedings if a referral occurs, in domestic proceedings in third countries exercising universal jurisdiction (as several European courts have done), or in any future Syria-specific tribunal. The IIIM's establishment through General Assembly resolution was itself a significant precedent: it demonstrated that the Assembly could create a quasi-judicial accountability body without Security Council authorisation, and that such a body could have legal effect.

Following the publication of a UN Fact-Finding Mission report in 2018 finding "serious indications" of genocide and crimes against humanity committed against the Rohingya Muslim minority in Myanmar, the Human Rights Council established the Independent Investigative Mechanism for Myanmar (IIMM) through Resolution A/HRC/RES/39/2 in September 2018. The IIMM's mandate closely parallels the IIIM's: to collect, consolidate, preserve, and analyse evidence of the most serious crimes and violations of international law in Myanmar since 2011, and to prepare case files for use in criminal proceedings. Myanmar has not cooperated with the IIMM, and the mechanism has relied on evidence collected by civil society organisations, survivor testimonies, satellite imagery, and open-source intelligence. Several proceedings before the ICJ and in domestic courts have drawn on evidence gathered in the IIMM process.

Beyond these dedicated mechanisms, the UN Human Rights Council maintains a system of Commissions of Inquiry and Fact-Finding Missions (COIs/FFMs) that have been deployed in numerous conflict situations, including Yemen, South Sudan, Libya, Belarus, Ethiopia/Tigray, and Ukraine/Russia. These bodies investigate patterns of violations, attribute responsibility, and make recommendations. Their reports do not produce arrest warrants or convictions, but they create authoritative public records that can later support prosecutions, inform sanctions decisions, and establish historical accountability.

GA Powers

General Assembly Routes

The General Assembly has several distinct procedural routes through which it can address situations of mass atrocity and war crimes. Understanding the legal basis, procedural requirements, and precedent for each is essential to effective advocacy in this committee.

Uniting for Peace (Resolution A/RES/377(V), 1950). The Uniting for Peace resolution was adopted by the General Assembly in November 1950, during the Korean War, in response to the Soviet Union's veto blocking Security Council action. It establishes that if the Security Council fails to act in a case of apparent threat to peace, breach of peace, or act of aggression due to a lack of unanimity among its permanent members, the General Assembly shall consider the matter immediately. Emergency special sessions can be convened within 24 hours, either by a procedural vote of the Security Council (which is not subject to veto) or by a majority of UN Member States. The Uniting for Peace procedure has been invoked on multiple occasions: during the Suez Crisis (1956), the Soviet invasion of Hungary (1956), the Lebanon crisis (1958), the Congo (1960), the Soviet invasion of Afghanistan (1980), and — most recently and significantly — in the context of Russia's invasion of Ukraine in 2022, when Emergency Special Session 11 was convened and the Assembly adopted multiple resolutions including one demanding Russia's withdrawal. The Ukraine experience demonstrates that the procedure retains practical relevance and can generate significant political accountability even without binding enforcement power.

Advisory Opinions (Article 96 of the UN Charter). Article 96 of the UN Charter authorises the General Assembly, the Security Council, and — on questions within their activities — other UN organs and specialised agencies to request advisory opinions from the International Court of Justice. Advisory opinions are not binding, but they carry enormous legal and political authority as authoritative statements of international law by the world's principal judicial organ. The General Assembly has requested advisory opinions on some of the most consequential questions in international law: the legality of nuclear weapons (1996), the legal consequences of the construction of a wall in the Occupied Palestinian Territory (2004), Kosovo's declaration of independence (2010), and — most recently — the legal consequences of Israel's policies and practices in the Occupied Palestinian Territory (2024), which produced a ruling with potentially significant implications for accountability proceedings. The advisory opinion mechanism is particularly well-suited for situations where the Assembly wishes to clarify the legal framework governing a contested situation before — or in the absence of — formal proceedings.

Establishing investigative and monitoring bodies. As discussed in the previous section, the General Assembly can establish independent investigative mechanisms through resolution. It can also establish special committees, rapporteurs, and monitoring bodies to track ongoing situations and report to the Assembly. The Human Rights Council — a subsidiary body of the General Assembly — has used this authority extensively. However, these bodies lack subpoena powers, cannot compel state cooperation, and can be defunded or disbanded through political processes. Their effectiveness depends heavily on state cooperation, civil society access, and the credibility of their methodologies.

Debate Directions

Limitations and Debate Directions

The General Assembly's accountability toolkit is substantial but not sufficient. Several structural limitations constrain its effectiveness and must inform the committee's deliberations.

Enforcement gap. The Assembly can investigate, record, attribute, condemn, and call for prosecution — but it cannot compel arrests, extraditions, or convictions. Criminal accountability ultimately depends on enforcement by states or by an international court with the cooperation of states willing to transfer suspects. When perpetrators remain in power or are protected by powerful allies, the Assembly's condemnatory authority is real but limited in its immediate practical effect. Delegates must grapple honestly with this gap: the question is not whether investigations and condemnations are worthless, but how to construct accountability architectures that maximise their practical impact over time.

Selective application and political legitimacy. The Assembly's accountability resolutions are frequently criticised for selective application: Western-backed conflicts receive less scrutiny than those involving adversary states; powerful states protect allies from condemnatory resolutions; and the Global South often resists mechanisms seen as tools of Western geopolitical pressure. This selectivity is not merely a rhetorical talking point — it is a genuine threat to the normative legitimacy of IHL enforcement. A system that holds some perpetrators accountable while providing de facto immunity to others is not a universal legal order; it is an arrangement that reflects power rather than law. The committee must consider how to design accountability mechanisms with sufficient independence, impartiality, and consistency to command universal respect.

State consent and sovereignty. Investigative mechanisms, accountability proceedings, and even advisory opinions face persistent resistance from states invoking sovereign equality and non-interference in internal affairs. The IIIM has operated without Syrian cooperation; the IIMM has operated without Myanmar cooperation; the ICJ advisory opinion process can proceed without the consent of the relevant state. But investigations conducted without state cooperation face serious evidentiary challenges, and their findings — however well-documented — may be challenged on due process grounds in any subsequent prosecution. The committee should consider both how to maximise the effectiveness of accountability mechanisms in the absence of state cooperation and what incentives or pressures might encourage cooperation.

Path toward prosecutorial reform. Several reform proposals have been advanced that could strengthen the accountability architecture: creating a permanent General Assembly-linked tribunal for situations blocked at the Security Council; amending the Rome Statute to allow referral by the General Assembly rather than solely the Security Council; establishing universal jurisdiction frameworks that all states parties to the Geneva Conventions would be required to implement; and providing sustained funding and political backing to existing investigative mechanisms. Delegates should arrive with clear positions on which of these reforms are desirable, feasible, and likely to command the support needed for adoption and implementation.

Preparation

Questions to Consider

01.When the Security Council is deadlocked by veto on a situation involving credible evidence of war crimes against civilians, what obligations does the General Assembly have under the Uniting for Peace resolution and under its broader mandate to "discuss" any question within the UN Charter's scope?
02.The principle of complementarity means the ICC can only act when national courts are "unwilling or genuinely unable" to prosecute. How should the General Assembly support domestic accountability processes in states emerging from conflict, and when does the threshold for ICC referral or General Assembly-sponsored international mechanisms become appropriate?
03.Independent investigative mechanisms like the IIIM for Syria and the IIMM for Myanmar collect and preserve evidence but cannot themselves prosecute. What reforms to existing UN architecture — or what new institutional arrangements — would enable the translation of evidence into actual criminal accountability?
04.Common Article 3 of the Geneva Conventions establishes baseline protections in non-international armed conflicts, but many ongoing conflicts involve non-state armed groups that have not formally accepted IHL obligations. How should the General Assembly address accountability gaps when the principal perpetrators are non-state actors operating in fragmented conflict environments?
05.The command responsibility doctrine, codified in Article 28 of the Rome Statute, holds military commanders and civilian superiors liable for war crimes committed by forces under their effective control. How can the General Assembly strengthen the application of command responsibility in practice, particularly in conflicts where chain of command is deliberately obscured?
06.Evidence collected by investigative mechanisms often faces admissibility challenges in domestic and international courts due to chain-of-custody issues, digital forensics standards, and the circumstances of collection in active conflict zones. What standards should the General Assembly recommend for evidence preservation and collection, and how should these be institutionalised?
07.Many states resist international accountability mechanisms on sovereign grounds, arguing that external investigations are politically motivated and undermine national reconciliation processes. How should the General Assembly balance the rights of victims to truth and accountability against the sovereign prerogatives of states and the practical need for the cooperation of governments to enable investigations?
08.The ICJ has issued advisory opinions on the legal consequences of certain violations of IHL (including in the Occupied Palestinian Territory context), but these opinions are non-binding. How can the General Assembly make more effective use of the advisory opinion mechanism, and what role should advisory opinions play in shaping subsequent Council action and state conduct?

Ready to Debate?

Register for
Delhi MUN 2026

Put your knowledge of international humanitarian law and accountability mechanisms to work in the General Assembly chamber at Delhi's most anticipated Model United Nations conference.

Attending a MUN in India? Browse the 2026 India MUN calendar →

Chat on WhatsApp