Road andLaw-AbidingChapterPeaceto11.SpiritDPCW
11 Section 1 The Necessity of Law Section 2 Law-abiding Spirit Section 3 Peace Treaty Section 4 DPCW Law-Abiding Spirit and DPCW Chapter
Overview Law is a key element for social stability, maintenance of order, member protection, and conflict resolution. The heart of compliance refers to the thoughts and attitudes to voluntarily observe laws and regulations according to one’s own conscience, and the value and utility of the law depend on compliance. Therefore, nurturing citizens who have the character traits of a law-abiding spirit maximizes laws’s effectiveness and helps to maintain social order, and promotes peace. Since ancient times, humanity has made numerous peace agreements to reduce the damage caused by war, but they remained temporary expedient, continuing the war. The scale of the war grew more significant as various weapons such as fighter jets, tanks, and missiles developed after industrialization. In the end, humanity suffered the devastation of World Wars I and II. Since then, humanity has tried to outlaw war, and the UN system based on the UN charter is one of the fruits of this effort. The DPCW is a peace declaration reflecting today’s international situation 75 years after the UN establishment, and it can be a solution that complements the UN charter to achieve sustainable peace.
Where there’s no law, there’s no bread. Benjamin Franklin (American politician, 1706–1790)
Social norms are needed for members of society to live in harmony. Social norms include customs, morals, and laws. Among them, the law is a norm accompanied by coercion.
1. The concept of law
Necessity of Law Why is law needed?
Aristotle defined humans as ‘social animals’ who have no choice but to live in a community. Law is necessary for the coexistence of members of society with diverse values. “Where the human being is, there is a society. Where there is a society, there is the law (Ubi homo, ibi societas. Ubi societas, ibi ius. Ergo: ubi homo, ibi ius.)” is a Latin proverb that explains the relationship between people and the law. Why do we need the law? Let us find out why we need law in our lives through the concept and History of law.
1) Meaning of law
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2) Classification of laws According to the form of its existence, the law is classified
The statue of Justitia (Lady of Justice), the goddess of justice in Roman mythology, has her eyes covered with a cloth, and she holds a sword in one hand and a scale in the other.1) The reason for the blindfold is to represent judging impartially without looking at the outward appearance of a person, such as looks, property, or status. It demonstrates that all human beings are equal before the law. The sword represents judgment of the law, and the scale held on the other hand symbolizes equity. It signifies that we must fully listen to the opposing sides and make strict and meticulous judgments. Through the statue of the Lady of Justice, we can see that the value of the law is justice and equality before the law.
Adam Smith explained the law as a concept of justice agreed upon by society, and Thomas Hobbes described the law as a common standard of conduct within the state. Austrian legal scholar Eugen Ehrlich explained the law as an inner order of association. The commonality of all the explanations above is that laws are norms that all members of society must follow. The meaning of the word law can also be identified through its etymology. The Chinese character for the law ( 法 ) is a combination of 水(water) and 去(go). It is natural for water to stream from top to bottom. As such, the word law means that the law should be fairly and reasonably applied. The English word law comes from the Old Norse word ‘lag,’ meaning “to lay down,” with its literal root word to mean “something laid down or fixed.” Law is the basis for the maintenance of human-made institutions and systems. The word that reflects the nature of this law is ‘Law.’
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1 In Greek mythology, she appears as Dike, the goddess of justice.
into written law and unwritten law. Written laws are expressed in sentences and are established through a legislative process, and they include constitutions, regulations, orders, rules, treaties, etc. Unwritten law does not have a written form and contains common law and court laws. The laws of human society developed from unwritten laws to written laws. However, as society becomes more complex, most countries have come to prefer written laws that explicitly regulate the actions of their citizens. The importance of written law is growing even today. As society changes rapidly, new areas to be governed by the law appear, and there is a need for law provisions for their regulations. In addition, if the content of the law is unclear, it can cause conflicts and quarrels, and therefore, the law is becoming more subdivided and refined.
Law is divided into natural law and positive law according to the formation process. Natural law is formed based on the natural order and emphasizes university validity that transcends time and region. Montesquieu claimed that the first Justitia, Goddess of Justice
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Figure 1-1
The oldest law code is known as the Code of Urukagina, which was promulgated in Sumer around 2350 BC. However, this code has only been cited in other documents but does not exist today. A law code better known to the public is the Code of Hammurabi, created around 1750 BC. The sixth king of Babylonia, King Hammurabi, expanded Babylonian influence and created a powerful centralized empire, sending officials to various places to stabilize the empire. He wanted to apply the same standard of judgment as the kings judged for crimes committed anywhere in the empire, such as theft and assault. This is the background for the creation of the Code of Hammurabi. The content was inscribed on a stone stele placed in the temple for everyone to see, and it was 1.9 m in
2 Montesquieu, De l’esprit des lois (1748)
natural law is peace (security) and the second natural law is the desire for food (appetite).2) Positive law is an artificial order established by legislation by a legislative body, social customs, and precedents. Today, the law generally refers only to positive law, broadly divided into domestic and international laws. Domestic law governs the relationship between a state and its citizens or between its citizens within a country. International law regulates actors in the international community, such as countries or international organizations. In the relationship between domestic law and international law, most countries have adopted the principle of respect for international law, which prioritizes or equates international law with domestic law.
1) Ancient Code of Hammurabi
2. History of the law
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One of the most significant advances in law in human history was the ancient Roman period. As Rome expanded from a small city-state into a vast empire, so did the development of Roman law. There are two main types of Roman law: the Twelve Tables (Duodecim Tabulae) and the Roman law (Corpus luris Civilis). The laws of the twelve tables are written laws that form the foundation of Roman law. In the early days of Rome, only the aristocrats could know the contents of the law
circumference and 2.25 m in height. The Code of Hammurabi consists of an introduction, 282 articles, and concluding sentences. The articles of the law such as, “If a son strikes his father, they shall cut off his hand.” and “If he breaks another man’s bone, they shall break his bone.” are governed by the principle of an eye for an eye, a tooth for a tooth. They contain the content of paying back the same or compensating with money equal to the amount of damage. Hence, the Code of Hammurabi is known as a symbol of revenge. However, it contains the intention to protect the human rights of the people. At that time, there were no prisons in underdeveloped areas, and therefore, there was no choice but to punish immediately after the trial. In such a situation, if there were no code of law, the standards and sentences would vary depending on who judges them. In response, King Hammurabi tried to prevent unfair judgments or greater revenge by proposing the same standard of judgment throughout Babylonia so that the powerful could not decide arbitrarily. The purpose of the Code of Hammurabi has been passed through the Great Roman Law and the Napoleonic Code, leading to the current criminal justice system.3) 2) Ancient Roman Law
3 Criminal Justice Law: Crimes are not punished according to the will of those in power, but can only be punished according to a pre-established law.
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During the 1st to 3rd centuries, when laws and institutions developed remarkably in Rome, over 2,000 legal volumes summarized cases and solutions related to property, status, and transactions. However, these books were neglected after the decline of Rome. In the 6th century, under the leadership of Emperor Justinian, they were compiled into 50 books, which is called Roman Law. Therefore, Roman Law is also called ‘Digest’ to refer to its summarization. The legal experts of Emperor Justinian were able to revive many parts of ancient Roman Law and had a significant influence on the civil laws of modern European countries.
6 Right to Resistance: When the people of authority do not recognize the rights of the people, the people can drive them out by force. and applied somewhat unfavorably to the common people who did not know the contents. Therefore, the common people of Rome demanded a compilation of laws. In 450 BC, the laws of the Twelve Tables were completed, engraved on copper tablets, and placed in the middle of the Forum. The purpose was for the people to directly see and confirm their rights and duties as they came to and left the marketplace.
4 Popular people.country,greatestSovereignty,Sovereignty:thepowerofaresidesinthe
3) Declaration of the Rights of the Man
5 Natural Rights: All citizens are born with human rights from birth.
After the Glorious Revolution of 1688 in England, a British philosopher, John Locke, established popular sovereignty, 4) natural rights, 5) and the right to resistance. 6) Meanwhile, in France, along with the Enlightenment period, Jean-Jacques Rousseau’s Social Contract (Du Contrat Social ou Principes du droit politique) and Montesquieu’s The Spirit of the Laws (De l’esprit des lois) were published. The Social Contract states that humans form societies and states through the social contract and acquire citizenship in their natural state. For the first time in history, The Spirit of the Laws introduced the idea of separation of powers. The content stated the necessity of Road to Peace 10
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dividing the country’s power into three powers and checking one another to solve social problems. At that time, France was an absolute monarchy, passing the era of Louis XIV, who was called the ‘Sun King,’ and entering the era of Louis XVI. The Parisians were furious at the excessive luxury and corruption and started a revolution in July of 1789. Furthermore, Locke proclaimed The Declaration of the Rights of Man and the Citizen ( Déclaration des droits de l’Homme et du citoyen ) , containing 17 articles on human liberty. Article 1 of the Declaration states “all men are born and remain free and equal in rights.” In addition, it contains content of modern laws such as fundamental political rights of the people, freedom of opinion and expression, human dignity, and separation of powers. The French Declaration of the Rights of the Man had a profound influence on the constitutions of Germany and the United States and the enactment of laws guaranteeing human dignity, freedom, and equality in countries worldwide. 3. The necessity of the law What would society look like if it had no laws? Let us predict what a society without law and order will appear like through the life of the fictional tribe ‘troglodytes’ in Montesquieu’s novel Persian Letters . After the Troglodytes had killed both the king and the magistrates, they did not obey anyone. They agreed that it did not matter if others were unhappy as long as they were happy. Freed from all control, the tribe led a free life. However, it soon realizes that living a life without law and order is not to their benefit. There was a Person A who owned fertile land. Person B and Person C worked together to kick
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him out of the house and take the land. However, Person C, who wanted to monopolize the land, killed person B. However, Person C’s ownership period soon ended after being attacked by Person D. The troglodytes had no choice but to live a life of constant anxiety to protect their lives and property. If there are no laws in society, it is apparent that chaos such as above will arise. If there is no law, how will traffic accidents be resolved? The same is true when you work hard but do not get paid, and these situations are the causes of conflicts and disputes. Thus, the law is necessary to solve specific social problems, protect the members’ rights, and maintain order.
Road to Peace memo
As citizens of this democracy, you are the rulers and the ruled, the law-givers and the law-abiding, the beginning and the end.
Adlay E. Stevenson (American politician, 1835–1914)
1. The importance of the law-abiding spirit Henry John Temple, British Prime Minister in the 19th century, was one day crossing Westminster Bridge in a wagon when he saw a girl crying. She had accidentally dropped the milk carton and spilled it all over the floor on her way home from buying milk. The prime minister wanted to give money to the girl who could not stop crying because she had no more money left, but there was no money in his pocket. Law-abiding2 Relationship between law-abiding spirit and peace
If all members of society are well-aware and obey the law, each other can safely protect their lives and property. However, what good is the law if no one follows it? Therefore, the law’s value and utility lie in its compliance. Let us find out about the spirit of law-abiding and the difference between a society with a high level of compliance and a society that does not.
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During the next minister meeting the next day, the Prime Minister suddenly remembered his promise to the girl. He apologized and hurriedly ran to the bridge and gave the girl the promised money. Although it was a small promise, the Prime Minster’s determination to keep it became a model for many British people.
the-Nations.pdfcom/2020-Report-to-amazonaws.s3-us-west-2.https://acfepublic.
As in the example above, a promise is what one must keep under any circumstances. Likewise, the law is a promise between members to maintain order in society. The first thing required to abide by the law is the law-abiding spirit. The lawabiding spirit refers to the mindset and attitude to voluntarily observe laws and regulations according to free will. Law and order built on the principle of law-abiding spirit is the foundation for social stability, public safety, peace, industrial development, and economic growth. However, if we look at whether the laws are being followed well in today’s society, in reality, this is often not the case. Therefore, a program to monitor compliance with the law is being developed. The Compliance Program is created to prevent companies from violating laws and regulations. However, compared to the enormous operating costs, the effectiveness of corporate fraud prevention is insignificant. According to the Association of Certified Fraud Examiners report in the United States, the economic loss, such as decreased sales due to corporate misconduct and fines, amounts to an average of $1.5 million for the entire company each year.7) In addition, it states that the company’s misconduct reported in the media is less than half of the reality. Ernst & Young, an accounting firm, interviewed over 3,000 corporate executives to prepare for the 2016 Global Fraud Survey. About
He promised the girl to meet at the same place the next day.
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42 percent of respondents said they could justify unethical behavior to achieve financial targets.8) These illegal acts and moral hazards promote distrust in society, disrupts social order, and incur high repair costs in the long run.
On 10 April 1912, the luxury cruise ship Titanic departed from Southampton, England, for New York, USA. At that time, the Titanic was equipped with all kinds of facilities such as a spa, squash court, swimming pool, and various safety facilities, thereby being called “Unsinkable Ship.” However, on 14 April 1912, the Titanic sank after hitting a glacier in the North Atlantic Ocean five days after departure. Of the 2,223 people on board, 1,500 passengers and crew lost their lives in thisWhataccident.was the reason for the Titanic’s sinking, which was considered an unsinkable ship? Timothy Foecke of the National Institute of Standards and Technology (NIST) explained that the faulty rivet9) was the leading cause of the sinking of the Titanic.10) When he compared the rivets found in the wreckage of the Titanic with other rivets that were made during that time, the rivets in the Titanic contained three times more impurities. Rivets with many impurities are weaker in strength and easily damaged by impact. Harland & Wolff Heavy Industries Limited in Northern Ireland, which built the Titanic, was running low in rivets during that time and was building two large passenger ships in addition to the Titanic. Thus, it made rivets from lower-grade steel materials rather
DiscoveriesTitanic:WhatMcCarty,HooperTimFoecke,ReallySanktheNewForensic(2008)
1) Reason why the Titanic sank
2. Results of law-abidingness and violation
Rivet: A large nail used to connect steel plates 10together.Jennifer
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failcompliance-programs-org/2018/03/why-https://hbr.
Siemens is Europe’s largest engineering company headquartered in Germany with a conglomerate of ten main divisions: automation, energy, power generation, railway, and healthcare. Including its affiliates, the company employed approximately 480,000 people in 190 countries. Though such a global conglomerate, Siemens experienced a significant crisis during 2006 when a massive corruption scandal broke out. German prosecutors raided the Siemens headquarters for embezzlement, bribery, money laundering, and tax evasions and arrested former and current executives. The investigation revealed the Siemens bribery scandal with Greek government officials regarding solicitation of security system installation at the 2004 Athens Olympics. Additionally, Russia, Nigeria, and Libya had received large bribes in various business solicitations. Siemens was fined about 1 billion euros in trials held in the United States and Germany, and its corporate image plummeted.Sincethen, Siemens fired all executives and staff involved in misconduct, completely replaced the management, and
than the usual steel material. Furthermore, it used steel rivets only in the central hall, where the load was heavy, while used wrought-iron rivets for the rest of the hull. Therefore, when the Titanic collided with a glacier, the rivets shattered due to the impact. The seawater rushed in through the crack instantly, and the ship sank. Had the correct rivets been used, the Titanic might not have sunk or could have delayed the sinking with many more possible survivors. This complacency and moral hazard to ignore regulations are causing accidents and numerous casualties, big or small, worldwide.
2) Seimens Compliance System
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11 compliance.htmlsustainability/global/en/company/siemens.com/https://new.
introduced a compliance system to change the corporate culture radically. Siemens established the business premise of “Our premise is this: Only clean business is Siemens business” and worked to improve anti-corruption and unfair practices.11)
The management emphasized communicating its commitment to anti-corruption throughout the organization and visited 54 high corruption risk countries as part of a Compliance Road Show. Furthermore, Seimens provided compliance education to more than 300,000 employees worldwide and established a compliance incentive system to encourage compliance. It also operates a compliance help desk for the employees to access quickly. “Approve it” is a system used to request approval for gifts or entertainment, and “Tell us” is a system that anonymously reports violations related to compliance and misconduct within the organization. In addition, through the Siemens ombudsperson and Siemens Integrity Initiative, it continuously strives to establish compliance and ethical management as a corporate culture. As a result of these efforts, Siemens transformed into a model company with the most advanced compliance system worldwide from the worst corrupt company in history. Since establishing the compliance system, Siemens’ sales and net income have steadily increased for several years. This case became a practical example that compliance management helps to improve business performance. In addition to Siemens, global companies such as Apple, Google, and Microsoft are all in the process of having a systematic compliance system. Now, compliance management has become the trend for countries and companies to achieve sustainable development.
How many people within my society are living as lawabiding citizens? Even if systematic and practical laws exist, if members of society do not obey them, they become useless.
Cultivating citizens with law-abiding spirits is an essential and urgent task for the country and society to achieve sustainable development amid globalization in the 21st century.
With the rapid development of transportation and communication in the 21st century, the scope of modern people’s activities has expanded beyond the domestic market and into the online space. The law-abiding spirit is essential for people of different races, religions, and values to coexist peacefully in all these spaces. The national Ministry of Education and several schools centering on developed countries recognize that sustainable development is no longer possible with education centered on knowledge transfer and skill acquisition. Therefore, the proportion of civic, order, character and environmental education within schools is increasing,12) consistent with the view that a company with an advanced compliance system can grow and develop over time.
12 UNESCO themes/gceden.unesco.org/Education,CitizenshipGlobalhttps://
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3. Cultivating citizens with law-abiding spirits
On the other hand, even if the legal system is weak, if there are many citizens with law-abiding spirits, the society will be orderly and peaceful. A citizen of peace is a person who actively obeys the law based on the law-abiding spirit. They become the ‘walking law of peace’ and strictly follow the law, and set an example for others.
Road to Peace memo
The world is a dangerous place to live; not because of the people who are evil, but because of the people who don’t do anything about it.
Albert Einstein (German-American physicist, 1879-1955)
Throughout human history, attempts have been made to settle disputes through dialogue and promise. It is a peace treaty between countries or between parties to a conflict. There were treaties of mutual equality among them, but there were also unequal treaties that unilaterally adhered to one side’s position.
Efforts to legislate peace
SECTION 03 13 Bellows: A device that breathes hot air into a fireplace
1. Humanity’s first peace treaty
Approximately 3,000 years ago, the Hittite Empire and the Egyptians signed the first peace treaty. During this time, the capital of the Hittites is the site of present-day Boğazkale, Turkiye. The highland soil was rich in iron, and strong winds acted as bellows.13) The Hittites thus developed iron smelting technology for the first time in humanity and made various iron tools. Hittite, the kingdom of iron, fought a power
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Section Peace3 Treaty #
Let us look at some of the treaties signed for peace in history.
struggle with Egypt and the two empires entered into a war in the 13th century BC which lasted 16 years because both were powerful. The two empires were exhausted from the long battle, concluded it in 1274 BC, and signed a peace treaty. This treaty is the Egyptian-Hittite peace treaty. The text of the Egypt-Hittite Peace treaty is noteworthy. The treaty contained content on mutual non-aggression, recognition of borders, and defense alliance against thirdcountry aggression. In addition, there were detailed items recorded stating that soldiers who deserted during the war were not punished even upon their return to their home country or their family members. In addition, the treaty included the names of 1,000 Egyptian and 1,000 Hittite gods on silver tablets as witnesses to the peace treaty between the two sides. Furthermore, it was written that anyone who violates this Figure 3-1 Egyptian-Hittite Peace Treaty in the Istanbul Archaeological Museum
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The Thirty Years’ War, in which countries across Europe, including the Holy Roman Empire, Bohemia, Denmark, Sweden, France, and Spain, participated and killed approximately 8 million people, ended with the Treaty of Westphalia. The Treaty of Westphalia has great value and meaning as a peace treaty that ended the Thirty Years’ War and has important significance in terms of the signing process and content of the treaty. When observing the signing process of the treaty, the Treaty of Westphalia came to its conclusion by gathering representatives of the participating countries to sign a peaceful diplomatic agreement rather than unilaterally notifying the defeated country of the position of the victorious country. This signing process served as a reference for establishing international organizations such as the United Nations. In terms of content, the “freedom to choose religion” and the “recognition of territorial sovereignty” stipulated in the treaty of Westphalia gave birth to a modern concept of a sovereign state. Religious freedom meant that the right was delegated to
treaty would be cursed with the destruction of the country, and those who keep the treaty will be blessed. This treaty was the first peace treaty of humanity. The original texts are preserved on the walls of the Istanbul Archaeological Museum, Turkiye, and the walls of the Karnak Temple in Egypt. It shows both sides kept the treaty in separate copies. A copy of this treaty is displayed at the United Nations headquarters in New York in the hope of realizing peace.
2. Treaty of Westphalia (Peace of Westphalia)
3. Endless effort for peace In On the Law of War and Peace, a 17th-century Dutch jurist, Hugo Grotius, claimed that war is justifiable if initiated by the sovereign states. However, considering the violence, there must be a limitation to the scope of a justifiable war, and are three just causes for war: self-defense, reparation of injury, and punishment. In addition, if a third country imposed sanctions on a country that has started the war, it was also considered an enemy. Grotius’s theory left room for the justification of war, and this theory was applied to World War I and expanded internationally.
each country to determine the religion between Catholicism and Protestantism. In medieval Europe, where Catholicism was enforced, the concept of a sovereign state based on territory was obscure. However, the freedom of religion clause freed the state’s sovereignty from the influence of religion. In addition, the treaty recognized the complete territorial sovereignty of the state, and the non-aggression of borders became the origin of the principles of modern international relations. Of course, it is clear that peace did not settle in Europe even after this treaty. However, the Treaty of Westphalia is regarded as the start of modern international law after establishing a new international order based on state sovereignty.
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Salmon Oliver Levinson, an American lawyer who suffered from World War I, said that legalizing war was humanity’s worst mistake. A law universally defines murder as the worst crime and prohibits this act in any country. But why is there no law against war? Levinson believed the most fundamental
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method of getting rid of war was outlawing war itself. During this time, his idea of making war illegal was revolutionary. Levinson’s efforts came to fruition in Kellogg-Briand Pact on 27 August 1928. Fifteen nations in Paris signed the pact to outlaw war. Article 1 of the treaty condemned the reliance on war to settle international disputes and renounced it as a political tool. (Article 1. The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another.) For the first time in history, the war was declared illegal through this pact. However, this non-binding pact did not prevent World War II and, therefore, received criticism that it is a document that lacks influence. Nevertheless, this pact changed the international perspective on war. Before World War I, people viewed war as legal, but after the illegalizing of war, the view of war as a criminal act emerged post World WarAfterII. World War II, the United Nations, an international organization to ensure international peace and security, was established. So far, a total of 193 countries has ratified the Charter of the United Nations, and international peace has been relatively maintained when comparing before and after World War II. Except for self-defense and those approved by the UN Security Council, all wars have been made illegal. However, there are signs of wavering of the principle of the illegality of war. There are cases of great powers waging war without the approval of the UN Security Council and threats of force taking place. Representative examples include the NATO bombing of Yugoslavia in 1999, the US invasion of Iraq in 2003, Russia’s annexation of Crimea in 2014, China’s
occupation of islands in the South China Sea, and Israeli bombing of Palestine. Furthermore, there is an increasing trend of internal conflicts and terrorism involving nonState groups rather than inter-state wars. Without coercion, such as the Kellogg-Briand Pact, a treaty is challenging to guarantee lasting peace. There is an urgent need for a binding international law that adapts to the rapidly changing times for sustainable peace.
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Road to Peace memo
Everyone, take a look at the night sky. There are so many stars that you cannot even count. Some people say that there are greater things in the universe than the Earth. However, they have not found a star like the Earth where living things can live. Should we destroy such a great place like the Earth? Please think about this. If a war breaks out now, then it will not be a war like those in the past. It will be a war where the Earth will be destroyed completely. After the war breaks out, what can we do? Right at this time, we have to put a system so that a war will never occur ever again.
Lee Man Hee (Republic of Korea HWPL Chairman, 1931-present)
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1. About DPCW
The Charter of the United Nations has long been referred to as the starting point of a new international legal system to establish a regulation prohibiting war with only two exceptions.14)
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The Declaration of Peace and Cessation of War, DPCW, proclaimed in Seoul Korea on 14 March 2016, is an international declaration drafted by the HWPL International Law Peace Committee. The International Law Peace Committee, comprised of international law experts from 15 countries appointed by HWPL, is responsible for establishing the ‘legal basis for ensuring peace at the national and international levels.’
Though it is evident that the UN Charter system has made outstanding achievements, 75 years have passed since Since it took effect in 1945, and various conflicts are still taking place around the world. Additionally, in recent years, Section # A Solution to the cessation of war and sustainable peace
14 There are defenseofinherentexceptions:twotherightnationalself-(Article 51 of the Charter of the United Nations) and the the7andinternationalandtheSecuritygrantedcoerciveinternationalmeasuresbytheUNCouncilformaintenancerestorationofpeacesecurity(ChapteroftheCharterofUnitedNations).
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Articles 8 to 10 emphasize the participation of not only the State but also all civil society, such as freedom of religion,
2. DPCW Articles and explanations
The DPCW, which consists of a Preamble followed by 10 articles and 38 clauses, goes beyond the prevention and resolution of conflicts and suggests ways to sustain peace.
Figure 4-1 DPCW articles Road to Peace 32
Articles 1 through 7 deal with the roles of a state in creating a peaceful environment in the international society, including prohibiting the use of force and promoting friendly relations.
DPCW aims to supplement and improve existing international law to suit the current situation through a fundamental approach to war and peace. Accordingly, DPCW was written to advance international law based on the agreed-upon norms.
DPCW is the first step towards complementing in such areas.
academics argue that while the UN Charter system is still meaningful, it is not sufficient to maintain international peace.
Article 1 - Prohibition of the threat or use of force
2) States should refrain in their international relations from the threat or use of military force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations Charter or international law in general.
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3) States should prohibit any act or threat of violence, whatever its motives or purposes, that occurs for the advancement of an individual or collective criminal agenda.
2) States should not produce, assist in, encourage, or induce;
Article 2 - War potential 1) States should co-operate with a view to the gradual global reduction of armament production.
1) States should solemnly reaffirm that they refrain from the use of force in all circumstances, save where permitted by international law, and should condemn aggression as constituting an international crime.
4) States should abstain from interference in the internal conflicts of other States. Article 1 stipulates the cessation of the use of force. Furthermore, as there are diversified forms of conflict today, it contains the principle that there should be no conflict by force by prohibiting acts of violence or threats by the State and individuals or groups.
strengthening education and welfare, and spreading a culture of peace which suggests that building world peace is a duty of this era given to all people in the global village.
3) States should take measures to ensure that existing weapons of mass destruction, weapons capable of causing widespread and unnecessary suffering, and weapons incompatible with international humanitarian law are gradually dismantled or destroyed. States should cooperate in disarmament and the reduction of arms stockpiles, ideally under international supervision. Decommissioned weapons manufacturing facilities should be repurposed to serve purposes that are beneficial to humanity in general.
4) States should strive to reduce excessive standing armies and military bases.
Article 3 - Friendly relations and the prohibition of acts of aggression
Article 2 states that the state will gradually reduce its military force, dismantle its weapons, and convert it to civilian use. It also prohibits the Support or supply of weapons to other countries or non-state organizations.
1) In accordance with United Nations General Assembly Resolution 2625 (XXV) , States should develop friendly relations based upon respect for the principle of equal
the production of weapons of mass destruction, inter alia, chemical, biological, and nuclear weapons, or weapons capable of causing indiscriminate or widespread and unnecessary suffering, or weapons incompatible with international humanitarian law.
5) States should co-operate to gradually diminish trade in weapons and attempt to reduce the flow of small arms to non-state actors.
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rights and self-determination of peoples and should take appropriate measures to strengthen universal peace.
5) States should condemn, and should criminalize in their domestic law, the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over, or to direct, the political or military action of a State, of an act of aggression which, by its character, gravity, and scale, constitutes a manifest violation of international law, thus amounting to a crime of aggression.
7) States should bear in mind the principle of sovereign equality of states and seek to consult all other states, on the basis of reciprocal respect, on issues that may relate to them to resolve and pre-empt disputes that may arise. This provision should apply without prejudice to human rights law and human dignity.
2) States have the duty to refrain from any forcible action that deprives peoples of their rights to self-determination.
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3) States should condemn the illegal occupation of territory resulting from the threat or use of force in a manner contrary to international law.
4) States should promote accountability, including by investigating alleged violations of international law, in particular, grave violation of the Geneva Conventions and their Additional Protocols, and should take measures to ensure that states, citizens, and corporations do not contribute to the commission of violations of international law.
6) States should refrain from allowing their territories to be placed at the disposal of other actors, whether States or otherwise, to engage in armed force against a third State.
Road to Peace 36
Article 3 Contains a substantial amount of The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States, which was adopted without a vote by the United Nations General Assembly on 24 October 1970. The principle of peace stated in Article 3 focuses on the relations between states. It constitutes the acts of aggression in each country as illegal and encourages war of aggression to be constituted as a crime in domestic law. Therefore, maintaining friendly relations between countries depends on their efforts.
2) Every State has the duty to refrain from the threat or use of force to violate the existing internationally recognized boundaries of another State, or as a means of resolving international disputes, including territorial and frontier disputes, in a manner inconsistent with international law.
1) In accordance with United Nations General Assembly Resolution 2625 (XXV), every State has the duty to refrain in its international relations from military, political, economic, or any other form of coercion aimed against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. This is without prejudice to instances when such forms of coercion may be lawfully applied, inter alia, to induce states to cease internationally wrongful acts or when sanctioned by the United Nations Security Council.
3) Every state has the duty to refrain from any act of incitement, planning, preparation, initiation, or commission of an act of aggression by a state, a group of
Article 4 - State boundaries
3) Every state has the duty to refrain from prematurely recognizing an entity that has purported to secede from another state, until such a time as the latter entity has developed the necessary attributes, capacities, and legitimacy to function as a state.
4. DPCW 37
2) Subject to the right to self-determination of peoples, states shall not engage in any intervention that seeks to divide or separate a state in a manner contrary to the rules of international law.
1) The duty of every state to refrain from the threat or use of force against the territorial integrity or political independence of any other state includes the duty not to engage in any action that would result in the dismemberment of any state, or force the secession or annexation of any territorial unit from that state.
Article 4 states that each country’s territorial integrity and respect are important foundations for world peace and security. Therefore, using force to cross the border of another country is prohibited. Furthermore, considering that various actors pose recent threats from the international community, it specifically prohibits the organization or promotion of irregular armed forces or armed groups, including mercenaries.
states, an organization of states or an armed group, or by any foreign or external entity, against the sovereignty, political independence and territorial integrity of any State.
Article 5 - Self-determination
4) Subject to the provisions of the present article, States should encourage identifiable nation-states that have been
1) States should recognize the obligation to settle their international disputes through peaceful means, including reference to the International Court of Justice, other judicial bodies, regional judicial arrangements, or arbitration or mediation conciliation or other forms of alternative dispute resolution in such a manner that international peace and security are not endangered.
divided by longstanding external or historical factors to engage in cooperation and dialogue. States should ensure that divided peoples are provided with their right to selfdetermination, including, inter alia, measures which may result in a unified government.
5) Any political system in which power is exercised in perpetuity by an individual or regime amounting to a manifest denial of the right to self-determination should be condemned. The fundamental definition of the right to self-determination is that all nationalities mentioned in the UN General Assembly resolution have the right to self-determination and determine their own political statuses, such as independence, annexation, and division of peoples within one country or in several countries. Historically, there are cases during which the principle of self-determination did not apply, and a specific state intervened and caused conflicts. This article proposes a solution for peace in conflict zones worldwide, including the Korean Peninsula, which has maintained a single identity for a long time and divided due to pressure and intervention from a foreign power.
Road to Peace 38
Article 6 - Dispute settlement
States should carry out any judgment or decision reached by a judicial body in good faith.
2) Measures taken by states in the exercise of their right to self-defense should be immediately reported to the Security Council and should not in any way affect the authority and responsibility of the Security Council under the United Nations Charter to take, at any time, such action as it deems necessary to maintain or restore international peace and security.
2) All states are encouraged to accept the compulsory jurisdiction of the International Court of Justice, in accordance with Article 36, paragraph 2, of the Statute of the Court, without reservations, as a means of ensuring that disputes are settled peacefully and in accordance with international law.
Article 7 recognizes that the right to self-defense is the fundamental right to live. However, when using force to
4. DPCW 39
Article 7 - Right to self-defense
1) Nothing in the present Declaration should be construed so as to impair the inherent right to individual or collective self-defense if an armed attack occurs against a State, until the Security Council has taken measures to maintain international peace and security.
Article 6 emphasizes that the dispute settlement process is at the discretion of the State party, but the means should be peaceful. In other words, the states cannot use force to settle disputes and are free to choose among various means (negotiation, mediation, judicial settlements) of peaceful resolution.
1) States should unite to strengthen international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace at all levels, based on respect for human rights and diversity of religions and beliefs.
When analyzing various conflicts in the human world, religion is often directly or indirectly related, proving that peace and religion are closely related. Therefore, Article 8 emphasizes freedom of religion and refraining from using religious belief as a basis for acts of conflict and violence. Furthermore, this article explains the duty and responsibility of the state in ensuring religious freedom.
Road to Peace 40
1) States should engage in multilateral consultations to deal
Article 8 - Freedom of religion
exercise the right to self-defense, it must be reported to the Security Council immediately.
Article 9 - Religion, ethnic identity and peace
2) States should activate and participate in systems to enforce and protect fundamental human rights, eliminating discrimination on the basis of religion or belief, and should refrain from and prohibit the usage of religion by governments, groups, or individuals in order to justify or to incite acts of violence against others. These systems should include, inter alia, judicial mechanisms.
3) States should foster religious freedom by allowing members of religious communities to practice their religion, whether publicly or in private, and by protecting places of worship and religious sites, cemeteries, and shrines.
4. DPCW 41
with situations where differences attributable to religion or ethnicity pose a threat to peace so that necessary remedial action may be taken and to identify the root causes of a situation causing tension between different religious or ethnic groups, in order to adopt necessary measures to promote mutual understanding between the groups concerned.
2) States should take measures to ensure that religious belief or ethnic identity are not utilised as a pretext for gross and systematic acts of violence. In circumstances where individuals or groups perpetrate or assist in such acts in the name of their religion, states should take adequate measures that lead to the prosecution and punishment of such activities.
3) Recognising the threat to peaceful coexistence that violent religious extremism may cause, states should implement, in good faith, legal measures against individuals or groups attempting to perpetrate or assist in gross and systematic acts of violence in the name of religion. Such measures should, in extreme cases, include the proscription of faith groups – including sects or cults – that perpetrate acts of violence against the territorial integrity and political independence of any state. Article 9 recognizing that religious, racial, and ethnic differences are pretexts for acts of violence, stipulates ways for various groups to co-exist. To prevent and resolve disputes, participating in multilateral consultations was proposed. This article is a step forward in recognizing the need for clarity in the articles of international law because of the increasing frequency, scale, and scope of situations in which religious
Article 10 - Spreading a culture of peace
Road to Peace 42
beliefs or ethnic identity are used as a pretext for acts of violence.
2) States should recognize that, in order to preserve a lasting culture of peace, public awareness of the need for, and value of, peace should be created. In this regard, states are encouraged to facilitate activities, commemorations, and initiatives that engage public consciousness with peace, including the erection of peace monuments as an alternative to war monuments.
3) Heads of state and heads of government should acknowledge that they are uniquely well placed to encourage a culture of peace, and should act to support this declaration to bring about the cessation of war.
1) States should recognize and engage with groups and organizations that seek to further the cause of peace as a global movement. States should facilitate such groups in their awareness-raising activities, including providing tuition in human rights and peace studies, as provided for, inter alia, in the Universal Declaration of Human Rights and the 1999 UN Declaration on a Culture of Peace.
4) States should promote a culture of peace including ensuring conditions in which(a) citizens are able to participate in the political affairs of the state as equals regardless of religious or ethnic differences; (b) a free media is maintained which allows grievances to be aired and addressed; (c) education is imparted to promote respect and mutual understanding among different religious, belief and
Article 10 is one of the major innovations of DPCW. In the current international society, the role of the non-state actors is increasing. Therefore, the participation of the States, nongovernmental organizations, and citizens of the world is essential in achieving peace. In other words, peace can be achieved when all international community actors recognize that peace is a task for the entire global village and not an individual or specific country.
ethnic groups; (d) the right to development of peoples, including the achievement of the UN sustainable development goals, can be realized; and (e) the wellbeing of all human kind with the participation of women and men to ensure peaceful coexistence amongst nations, states, and peoples may be guaranteed.
4. DPCW 43
On 30 June 2020, King Philippe of Belgium sent a letter to the President of the Democratic Republic of the Congo apologizing euphemistically for colonial rule from 1885 to 1960.
16
15 Depending on the type of data, it is estimated to be between 10 and 15 million people. For reference, the number of Jews slaughtered on the Holocaust is about 6 million.
After World War I and II, the United Nations was launched to maintain world peace and order. Still, the war has continued incessantly due to various factors, such as the international security dilemma and the beginning of the Cold War. On the contrary, lethal weapons continued to evolve over the decades. Binding international law is needed to ensure that humanity does not suffer the same devastation as World War I and II.
“For me when you put a statue of Hitler in Berlin, for me, that is like putting up a statue of Leopold in Brussels.” Noah, a 14-year-old second generation Congolese in Belgium, petitioned for the statue of King Leopold to be removed. Leopold II was the Belgian king who colonized the Democratic Republic of Congo, where millions of people were slaughtered during the imperial era.15) When the rubber industry was booming at the end of the 19th century, the Congolese people who failed to meet the rubber collection quotas had their hands cut off. Considering how serial killers are generally treated as insane and severely punished by domestic law, it is ironic that the person responsible for such a massacre is not punished under any international law, and even a statue is erected.16)
The DPCW, written as a complement to the UN Charter system, can be an Conclusion
alternative. What is fundamentally necessary for the DPCW to be effective is the law-abiding spirits of citizens around the world. It is difficult to achieve an end to war and world peace only with the support of the leaders of one or two countries or societies. From national leaders to citizens, when people recognize the need for international law for peace and work together to abide the international law, peace can become a reality, not a dream.
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