Abstract
Human rights are such crucial aspects of a society that need to be handled delicately. The shielding of human rights is the need of the hour. These are the basic rights which everyone needed to live a harmonious life. There is a recent trend of increasing human rights violations and international organisations such as the United Nations, the International Committee of the Red Cross (ICRC) and other regional organisations play a major role in protecting and safeguarding human rights in conflict areas. The effects of war crimes are not only on one community, it is a global concern and should get proper attention from local as well as international communities. The atrocities of war crimes are very grave and dangerous such as mass killings, sexual harassment of young girls and women, forceful participation in wars and many more. It can be of various types like civil, political, social, individual and many more. International organisations play a vital role in addressing these concerns. The paper explores the varied role of international organisations particularly the United Nations in protecting and safeguarding human rights in conflict zones. The researcher attempts to explain the success of international organisations in defending human rights violations through in depth analysis of various situations where these organisations played a pivotal role. This study also analyzes the obstacles faced by international organisations during the process of safeguarding human rights in conflict zones.
Keywords: Human rights, conflict zones, safeguarding, united nations, war crimes
Introduction
Human rights are the rights which belong to a person or community. These are the universal rights that an individual possesses regardless of their origin, faith, ethnicity, colour, nationality or sex. The violation of human rights is a grave issue which raises global concerns. Women and children are the most vulnerable group for human rights violations.
The world’s conflict zones are infamous for being the cradle of some of the worst and most persistent human rights abuses in the modern period. The fundamental concepts of human dignity, equality, and freedom are frequently trampled upon with impunity in the crucible of violence, upheaval, and power conflicts. It is in these turbulent situations that the need to maintain human rights becomes most apparent, and the international community’s obligation to preserve these rights takes centre stage. This research study sets out to investigate the delicate and diverse role that international organizations play in protecting human rights within war zones.
The importance of addressing issues of human rights violations cannot be overlooked. People in those war zones have to face many atrocities ranging from civil displacement, mistreatment, sexual abuse, forced child labour and many more. The degree of these atrocities may even lead to mass killings, genocide or crimes against humanity. Such atrocities not only cause enormous pain to people, but they also undermine the entire fabric of international law, morality, and peace.
International organisations such as the United Nations Security Council deal with human rights violations in conflicted areas. The UN Charter gives authority to the Security Council to investigate, mediate, and transmit a mission according to the severity of the offences happening in a particular area or country.[1] It assists governments through various channels to take proper actions in those situations.
The primary objective of this research paper is to understand the role of international organisations, particularly the United Nations (UN) and various regional bodies in challenging violations of human rights in conflicted zones. Through a compressive and critical analysis of situations which were handled by these organisations, the researcher aims to analyse the effectiveness of these organisations in promoting and upholding human rights in turbulent areas on a global stage.
Research Methodology
This study is doctrinal, and the research is dependent on secondary sources for a thorough examination of the role of international organizations in protecting human rights in war zones. For the study, secondary sources such as newspapers, journals, and websites are employed.
Review of Literature
“The United Nations and Human Rights: A Critical Appraisal” by Philip Alston is a thorough investigation and critical critique of the UN’s position in the field of human rights. The article provides a thorough examination of the United Nations’ historical evolution, policies, practices, and effectiveness in furthering human rights on a worldwide basis. Alston begins by examining the United Nations’ historical growth and dedication to human rights. He focuses on the post-World War II era, which saw the establishment of the United Nations and the adoption of the Universal Declaration of Human Rights (UDHR). One of the book’s primary themes is the UN’s engagement in war zones and its efforts to protect human rights in such difficult settings. Alston evaluates the performance of United Nations peacekeeping deployments and humanitarian efforts in resolving human rights violations during crises.[2]
The comprehensive resource “Humanitarian Action in Times of War: A Handbook for Practitioners” from Médecins Sans Frontières (Doctors Without Borders) is meant to help practitioners and organizations engaged in humanitarian work in war zones. The manual offers practical ideas, tactics, and principles for efficiently delivering humanitarian relief and support in the face of armed conflict concerns. The manual starts by underlining the crucial need for humanitarian activity during wartime. It emphasizes the humanitarian obligation to relieve suffering, preserve lives, and defend the weak in all situations. Accessing vulnerable populations in crisis zones might be difficult. The manual delves into tactics for gaining access, establishing connections with local players, and overcoming logistical and regulatory stumbling blocks.[3]
The paper written by Sri Shruti titled “International Organizations and their Role in Protection of Human Rights” examines three possible approaches to establishing a legal link between international organisations and their members’ human rights treaty obligations. It demonstrated that international organisations are bound to respect the UN Covenants to the extent their obligations are generally accepted.[4]
About the United Nations
The United Nations is an intergovernmental organisation formed in 1945 after the era of World War II with a motive to bring international harmony by promoting and protecting human rights. It has its charter which regulates its functioning. Currently, it has 193 member states. The League of Nations was its predecessor which was founded in 1919 and dissolved in 1946 because of its unsuccessful attempts in preventing wars between countries. Its headquarters are situated in New York City. It has six principal organs like General Assembly, Security Council, Trusteeship, Social and Economic Council, Secretariat and International Court of Justice which deal with various global issues.[5]The Office of the High Commissioner for Human Rights (OHCHR)[6] is one of the entities of the United Nations responsible for protecting human rights. The Universal Declaration of Human Rights (UDHR) and following conventions and treaties, such as the Geneva Conventions and the International Criminal Court’s Rome Statute, have built a strong legal foundation for dealing with human rights violations in war zones. Till date it had launched various operations for safeguarding human rights. It is also an international negotiator between the groups for resolving their conflicts. It also motivate countries to sign on various treaties to prevent wars
International Committee of the Red Cross (ICRC)
The International Committee of the Red Cross (ICRC) is a non-governmental organization headquartered in Geneva, Switzerland. It aims to help war victims and ensure that all sides to a conflict observe humanitarian law. It was established in 1863. It has several works in both World Wars that were recognized by the Noble Peace Prize in 1917 and 1944.[7]
The International Committee of the Red Cross (ICRC) monitors the conduct of parties in armed situations to guarantee compliance with international humanitarian law (IHL) and human rights norms. When breaches occur, it participates in lobbying to safeguard civilians and combatants who are not involved in hostilities. During the Syrian conflict, the ICRC has provided emergency help to millions of people in need, including food, water, and healthcare. They also negotiate access to besieged locations and supply relief.
It also aids in the re-establishment of communication between family members separated by armed war or displacement. It promotes the transmission of family messages and the hunt for missing individuals through its Red Cross and Red Crescent network.[8]
Regional Organisations
In addition to the UN, regional organizations like the European Union (EU), African Union (AU), and Organization of American States (OAS) have played crucial roles in conflict resolution and human rights protection within their respective regions. These organizations often work in collaboration with the UN and offer tailored solutions to regional conflicts. These organisations solve more effectively the problems of human rights violation cases because they know their respective regions. These organisations also boost the aid given to the affected people due to the war. These organisations are helpful to know the minute details of the war.
Role of International Organizations in Safeguarding Human Rights
International organizations play an important role in minimizing human rights violations in war zones because they are neutral and may negotiate with all parties involved in the conflict. They collect all the information regarding war crimes and human rights violations and report these to the international community. So the parties involved in the conflict can have diplomatic pressures to stop the conflict. They may impose sanctions on the parties to comply with human rights standards.
They often give early warnings of a conflict so the potential parties can intervene and resolve the conflict. These organisations serve as a platform to resolve disputes and mediate talks between the parties involved in the conflict. Organisations like the United Nations have their peacekeeping force to protect civilians, monitor ceasefires, and create conditions for stability, reducing the risk of human rights violations during conflicts.
International organisations with the help of non-governmental organisations protect vulnerable people like women and children. They establish rescue zones, implement child protection programs, and support survivors of sexual violence. They also provide vital humanitarian assistance, including food, shelter, medical care, and clean water, to conflict-affected populations. These organisations help to prevent the atrocities of the crime faced by the innocent people of these organisations with the help of the International Criminal Court.
The international organisations play a multifaceted role in safeguarding human rights in conflicted zones. Their activities range from monitoring and reporting on human rights violations to delivering humanitarian aid, campaigning for justice, and participating in conflict prevention and resolution initiatives. Despite ongoing problems, these organizations are critical players in reducing the effect of armed conflicts on vulnerable communities and achieving a more fair and peaceful world.
Barriers faced by the International Organisations
There are numerous challenges faced by international organisations in the process of safeguarding human rights in conflicted zones. Many international bodies cannot impose their judgments or recommendations. The United Nations Security Council, for example, can issue resolutions to handle crises, but its capacity to implement them is restricted, especially when powerful member nations are involved. During the Cold War between the United States and the Soviet Union, the United Nations Security Council became an ineffective organisation because both nations had the Veto power to block any resolution against them.
The politics of powerful member nations may frequently obstruct international organizations’ ability to function effectively. These nations may use their power to protect their supporters or to avoid accountability for human rights breaches. The United Nations and its many bodies have repeatedly addressed and debated topics concerning the Israeli-Palestinian conflict. In several cases, resolutions or actions suggested by these organisations have encountered substantial political obstacles and have been vetoed by the United States, a prominent member state and close supporter of Israel.
Armed confrontations are frequently complex, including several armed organizations with competing goals. This complication might make it difficult to identify and punish perpetrators of human rights violations responsible. Sometimes government also tries to hide the identity of perpetrators of war crimes. Working in war zones is perilous by nature, and international organizations frequently confront security challenges to their staff and activities. This may impede their capacity to reach out to impacted communities and provide aid.
There are also situations when international organisations lack access to funds so these hinder the process of safeguarding human rights. Conflict parties may influence media and information to affect public opinions and discredit international organizations, making gaining public support and diplomatic pressure for action difficult.
Role of the United Nations in safeguarding human rights violations in conflict zones
The United Nations is the world’s largest intergovernmental organisation and its foundation goal is to maintain peace around the world. It protects human rights through various channels which include treaties, legal instruments and conventions. The United Nations was established to prevent any future world war because both World Wars I and II had led to so much destruction in the world. Many people lost their lives and huge cases of human rights violations occurred. Its charter also provides various rights and actions for keeping peace in the conflict zone.
Recently, the Taliban captured control over Afghanistan from its democratic government and began ruling it according to Shariat law. Women and young girls have suffered the most because of the war. Girls and women are not allowed to go to the market without wearing a niqab, and they should have either their father, brother, or husband with them when visiting any public place. The punishments given to people are very severe, and huge cases of human rights violations are being observed. Also, the girls are being debarred from their college and the female faculties have lost their jobs. To counter these atrocities, the UN sanctioned various top leaders of these groups. It had blocked their bank accounts and frozen money to prevent access of money to these groups. It is also sending humanitarian aid to support the livelihood of innocent people. The neighbouring countries are also helping to bring peace to the country.
It has also worked on negotiations regarding the ongoing war between Russia and Ukraine. Russia launched various military operations in Ukraine and acquired land in Ukraine. It is constantly supporting Ukraine with various aids related to financial and humanitarian. Russia has been violating the human rights of Ukrainians. Russia has been bombarding various public regions of Ukraine, resulting in mass killings. Various instances of gang rape of women are being observed there. This war resulted in global inflation, and every country has been affected by it. The UN is providing a platform for Russia and Ukraine to resolve their conflict. It also initiated the Black Sea grain initiative to boost the global food chain. It also sanctioned Russia on various grounds to prevent war crimes. It also worked to prevent the use of different weapons, such as biological and chemical.
The UN is also working in African countries and providing humanitarian aid. It constantly supports these countries with their peacekeeping missions. It provides education to children and supports their livelihood. It also launched a peacekeeping mission in the Democratic Republic of Congo to bring peace to the country. It has also launched a peacekeeping mission in Sudan to stabilize the situation.
The UN also played various roles in the Sri Lankan civil war. This war started in 1983 and lasted for around 30 years. This war occurred due to tensions and conflicts between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE). The Sri Lankan government was not giving equal rights to the Tamilians, so this war broke out and resulted in massive destruction in Sri Lanka. The UN provided humanitarian assistance to the people affected by this war. It also tried to mediate between the parties. It created safe places and people were located there. It also helped rebuild the infrastructure that was destroyed in the war. It also rehabilitated war-affected people. It also monitored human abuses during the civil war and tried to prevent them. It also launched a peacekeeping mission in Sri Lanka at that time.
Suggestions
International organizations should endeavour to broaden their base and resolve any issues involving human rights breaches, as they might generate global concerns. They should also avoid being biased toward one side since this breeds distrust among the public. It should endeavour to clarify and improve international legal frameworks regulating humanitarian operations and human rights protection in combat zones. It should also encourage governments to ratify and implement treaties and agreements that are relevant. It should also create distinct methods to resolve disputes as soon as possible. It should also take consideration of regional organisations as they know the best for their respective regions.
Conclusion
The work done by the international organizations in protecting human rights in crisis zones is both critical and challenging. While these organizations play a vital role in reducing the impact of armed conflicts on civilians and advancing human rights, they nevertheless confront considerable constraints and problems. Despite these obstacles, international organizations continue to lead global inputs to protect human rights in the most difficult and volatile environments. Their adherence to neutrality, impartiality, and humanism enables them to negotiate challenging political situations while providing critical humanitarian help. To overcome these constraints and improve international organizations’ efficacy, it is critical to strengthen the legal frameworks that regulate their activity, encourage more coordination and collaboration among all stakeholders, and mobilize extra resources. Diplomatic engagement and conflict prevention initiatives are also critical to minimizing the frequency and intensity of disputes. Therefore, we can conclude that international organisations play a crucial role in safeguarding human rights protection in conflict zones from providing humanitarian aid to rehabilitation of civilians.
Khushi Jain
Maharashtra National Law University, Nagpur
[1] Protect Human Rights, www.un.org/en/our-work/protect-human-rights ( last visited on Sep. 13, 2023).
[2] Theo C. Van Boven , The United Nations and Human Rights: A Critical Appraisal, 8 3, 198-208 ( 1977)
[3] LARRY MINEAR AND THOMAS G. WEISS, HUMANITARIAN ACTION IN TIMES OF WAR: A HANDBOOK FOR PRACTITIONERS, (Lynne Rienner Publishers 1993)
[4] Sri Shruti, International Organizations and their Role in Protection of Human Rights, 8 No. 8 8 (2021)
[5] Main Bodies | United Nations, https://www.un.org/en/about-us/main-bodies, ( last visited on September 14, 2023)
[6] Protect human Rights| United Nations, https://www.un.org/en/our-work/protect-human-rights, ( last visited on September 14, 2023)
[7] International Federation of Red Cross and Red Crescent Societies, https://www.britannica.com/topic/International-Federation-of-Red-Cross-and-Red-Crescent-Societies ( last visited on Sep. 14, 2023)
[8] Ibid.