Abstract
After World War II in 1945, a new world order emerged, placing respect for human rights along with peace and security. But still, in today’s era, human rights violations are prevalent in many countries afflicted by conflict. War-torn countries present some of the starkest examples of human rights violations in the contemporary world. This paper explores the various dimensions of human rights abuses in such contexts, examining the factors that exacerbate these violations and their impacts on affected population. It explores the nature and extent of abuses, the impact on civilian population, and the effectiveness of international responses and interventions. By analyzing case studies from recent conflicts, this paper aims to shed light on the challenges and propose solutions for mitigating human rights abuses in war-torn regions.
Key Words
Human Rights, War Crime, International Law, Geneva Convention, International Criminal Court, International committee of the Red Cross (CRC), Medecins Sans Frontieres (MSF)
Introduction
The impact of armed conflict on human rights is a critical area of concern for international law and humanitarian efforts. In war-torn countries, the breakdown of state institutions and the escalation of violence often result in severe violations of fundamental human rights. War is the ultimate violation of human rights and these includes actions that are acknowledged as violating the most fundamental human rights like torture, coercion either physically or morally, and acts of violence that imperil life. During the war, millions of people were exploited, killed, and raped. Thousands of soldiers were killed and thousands more were injured. In addition, the soldiers who made it out alive were held as prisoners of war until they were either executed or given life sentence. Food shortages and significant economic disruptions brought on by conflict might jeopardize a whole population’s ability to survive. The unfathomable cost of these wars undoubtedly impacts citizens and it extend beyond the destruction of basic amenities; they also have an impact on the integrity and dignity of civilians. This paper investigates the nature and scope of these violations, including the abuse of civilian populations, displacement, and the erosion of legal protections. It also examines the role of international organizations and frameworks in addressing and mitigating these issues.
Research Methodology
This research adopts a qualitative approach, utilizing secondary sources to gather data. The methodology includes:
- An extensive review of academic articles, books, and reports on human rights violations in conflict zones. This provides a theoretical framework and contextual background for the study
- Analysis of specific war-torn countries (e.g., Russia – Ukraine, Israel-Palestine, Syria) to illustrate the types and consequences of human rights abuses. Case studies help in understanding the practical implications and variations in different conflict settings
- Systematic examination of data from reports by international organizations (e.g., Amnesty International, Human Rights Watch) and government agencies to identify trends and patterns in human rights violations.
Literature Review
The study of human rights violations in war-torn countries encompasses various dimensions, including the causes, manifestations, and consequences of such violations. This literature review provides an overview of key scholarly contributions and findings on the topic, highlighting major themes and gaps in existing research.
- Md. Kamruzzaman, Shashi Kanto Das. The Evaluation of Human Rights: An Overview in Historical Perspective. American Journal of Service Science and Management. Vol. 3, No. 2, 2016, pp. 5-12.
- Potts, A., Myer, K. & Roberts, L. Measuring human rights violations in a conflict-affected country: results from a nationwide cluster survey in Central African Republic. Confl Health 5, 4 (2011). https://doi.org/10.1186/1752-1505-5-4
- Pietro Ferrara, Ignazio Cammisa, Margherita Zona, Ida Giardino, Maria Pastore, Massimo Pettoello-Mantovani,War inflicts severe violations on the fundamental human rights of children,Global Pediatrics
- https://gkchronicle.com/polity/Emergency-provisions-in-Indian-constitution.php
- UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171 https://www.refworld.org/docid/3ae6b3aa0.html [accessed 14 April 2021]
- Spotlighting Human Rights Violations in Six Countries …UN Press https://press.un.org › gashc4391.doc.htm
Definition and Scope of Human Rights Violation
Human rights violation refers to actions or situation where individual’s fundamental rights and freedoms, as outlined in international human rights laws and treaties, are not respected or are actively infringed upon.
These rights include, but are not limited to:
Right to Life: The “right to life” is a fundamental human right that asserts every individual’s entitlement to live and not be deprived of life arbitrary. This principle is enshrined in various international documents and legal frameworks, including:
Md. Kamruzzaman, Shashi Kanto Das. The Evaluation of Human Rights: An Overview in Historical Perspective. American Journal of
Service Science and MaHuman righRight to Life: The “right to life” is a fundamental human right that asserts every individual’s entitlement to live and not be deprived of life arbitrarily. This principle is enshrined in various international documents and legal frameworks, includingThe Universal Declaration of Human Rights (UDHR) – Article 3 of the UDHR states that “Everyone has the right to life, liberty, and security of person.”
- The International Covenant on Civil and Political Rights (ICCPR) – Article 6 of the ICCPR affirms that every human being has the inherent right to life and that this right shall be protected by law.
- Constitutions and national laws – Many countries have incorporated the right to life into their own legal systems and constitutions.
Freedom of Expression: Freedom of expression is a fundamental human right that allows individuals to communicate their ideas, opinions, and information without undue interference or restriction from the government or other authorities. It encompasses various forms of expression, including speech, writing, art, and other forms of communication.
Right to Privacy: The right to privacy is a fundamental human right that protects individuals from unwarranted intrusion into their personal lives. It encompasses the right to keep one’s personal information, communications, and activities free from surveillance, whether by the government, corporations, or other individuals.
Human rights violations occur when fundamental rights and freedoms, which are universally recognized and protected, are disregarded or abused. These violations can affect individuals or groups and can happen in various forms, including: torture, unjust imprisonment, extrajudicial killings, suppression of free speech, denial of a fair trial and denial of access to education, healthcare, or adequate living standards.
Human Rights Violation in India during Emergency
Article 21 of the Indian Constitution guarantees the right to life and personal liberty to all individuals. It states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This fundamental right is meant to protect citizens from arbitrary state actions and ensure that any deprivation of life or liberty is carried out according to a fair and just legal process.
However, during the Emergency in 1975-1977, the implementation of Article 21 was severely compromised. The Emergency in India from 1975 to 1977, declared by then Prime Minister Indira Gandhi, is widely regarded as a period of significant human rights violations. The Emergency was declared on June 25, 1975, and lasted until March 21, 1977. It was marked by the suspension of constitutional rights and civil liberties, mass arrests, censorship of the press, and widespread abuses of power. The State of Uttar Pradesh v. Raj Narain (AIR 1975 SC 865) case is a landmark judgment in Indian legal history that had a profound impact on Indian politics and plays significant role in the events leading up to the Emergency of 1975. It underscored the tension between the judiciary and the executive in India and remains a key moment in the history of Indian constitutional law.
Factors Exacerbating Human Rights Violations
Human rights violations in war-torn countries are often pervasive and severe, and several interrelated factors exacerbate these violations. Understanding these factors is crucial to addressing and mitigating the human suffering in such contexts. Below are some of the key factors that exacerbate human rights violations in war-torn countries:
1. Breakdown of Law and Order
- Collapse of Government Institutions: In war-torn countries, the breakdown of governmental structures leads to the absence of law enforcement, judiciary, and other critical institutions that protect human rights. Without functioning state institutions, there is no mechanism to uphold the rule of law, leaving civilians vulnerable to abuses.
- Absence of Accountability: With the collapse of law enforcement, perpetrators of human rights violations often act with impunity. The lack of accountability emboldens both state and non-state actors to commit atrocities without fear of legal repercussions.
2. Prolonged Conflict and Instability
- Enduring Violence: Prolonged conflicts create a situation where violence becomes normalized. Civilians are subjected to continuous threats, including bombings, shootings, and other forms of violence, which erode their basic rights to life, security, and dignity.
- Destruction of Infrastructure: Ongoing conflict leads to the destruction of infrastructure, including hospitals, schools, and homes, depriving people of their basic rights to health, education, and shelter. This further exacerbates human suffering and contributes to long-term deprivation.
3. Targeting of Civilians
- Intentional Attacks: In many conflicts, civilians are deliberately targeted as part of military strategies. This includes tactics such as bombing residential areas, using chemical weapons, and laying landmines. Such actions are clear violations of international humanitarian law and human rights.
- Sexual Violence: Sexual violence is often used as a weapon of war to terrorize and control populations. Women and girls are particularly vulnerable, but men and boys can also be targeted. The physical and psychological impacts of such violence are devastating and long-lasting.
4. Involvement of Non-State Actors
- Militias and Rebel Groups: In many war-torn countries, multiple armed groups operate alongside or against state forces. These groups often lack formal command structures and are not bound by international laws, leading to widespread human rights abuses such as kidnappings, torture, and summary executions.
- Terrorist Organizations: The presence of terrorist groups adds another layer of violence and human rights violations, as these groups often engage in extreme tactics, including suicide bombings, mass executions, and forced recruitment of child soldiers.
5. Humanitarian Crisis
- Mass Displacement: War often leads to the mass displacement of people, both within and across borders. Refugees and internally displaced persons (IDPs) are frequently exposed to further human rights violations, including lack of access to food, water, and medical care, as well as exploitation and abuse in refugee camps.
- Famine and Disease: The destruction of infrastructure and disruption of food supply chains can lead to famine and the spread of disease. Malnutrition and lack of access to medical care severely impact the health and survival of affected populations, particularly children and the elderly.
Case Studies
Case Study 1: Russia – Ukraine war
The Russia-Ukraine war, which began in 2014 and significantly escalated in 2022, has been marked by numerous reported human rights violations from both sides, although much of the international focus has been on actions by Russian forces and affiliated groups. Some key human rights concerns include:
- Civilian Casualties: Both sides have faced accusations of causing civilian deaths, but Russian forces have been particularly criticized for indiscriminate bombings and missile strikes in populated areas, leading to significant civilian casualties.
- Attacks on Hospitals and Schools: There have been reports of Russian attacks on medical facilities and educational institutions, which are protected under international law. Such attacks are considered violations of the Geneva Conventions.
- Forced Displacement: The war has led to massive displacement of civilians. There have been reports of forced evacuations and deportations of Ukrainian civilians to Russia, which can be considered violations of international humanitarian law.
- Torture and Arbitrary Detention: There have been credible reports of torture, ill-treatment, and arbitrary detention of civilians and prisoners of war by Russian forces and their proxies. This includes allegations of torture in places like the Donbas region and Crimea.
- Restrictions on Media and Free Speech: In occupied territories, there have been severe restrictions on media freedom and freedom of expression. Journalists and activists have faced harassment, arrest, and violence for reporting on the conflict.
These violations are under investigation by various international bodies, including the United Nations and the International Criminal Court, which seek to hold perpetrators accountable and provide justice for victims. The conflict’s complexity and the ongoing nature of the war make it challenging to address these issues fully, but international attention and advocacy play crucial roles in addressing and mitigating human rights abuses.
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Case Study 2 : Israel – Palestine war
The ongoing Israel-Palestine conflict has led to significant human rights violations on both sides, with both Israeli authorities and Palestinian armed groups being accused of war crimes and other serious violations of international law.
Israeli military operations in Gaza have been particularly devastating, with reports highlighting the use of heavy weaponry in densely populated areas, leading to large numbers of civilian casualties and extensive destruction of civilian infrastructure. The United Nations has documented instances where Israeli forces used tactics such as starvation as a method of warfare, indiscriminate attacks on civilian areas, and forced displacement. These actions have been condemned as war crimes and crimes against humanity. Additionally, the ongoing blockade of Gaza by Israel, which restricts the flow of essential goods and humanitarian aid, has been labelled as collective punishment, further exacerbating the humanitarian crisis in the region.
On the other side, Palestinian armed groups, including Hamas, have also committed war crimes. These include indiscriminate rocket attacks targeting Israeli civilians, taking hostages, and acts of torture and inhuman treatment. The violence perpetrated by these groups has been widely condemned, and there are calls for accountability on both sides.
The international community has been urged to take a stronger stance to ensure that those responsible for these violations are held accountable and that efforts are made to bring an end to the conflict through adherence to international law and the protection of human rights for all parties involved.
Case Study 3: Syria war
The Syrian civil war, which began in 2011, has been marked by severe human rights violations. The use of chemical weapons by the Assad regime has led to numerous civilian casualties. The imposition of sieges on civilian areas has resulted in starvation and inadequate medical care. Millions have been displaced internally and externally, leading to a severe refugee crisis. In the northeaster region of Syria, the Syrian Democratic Forces (SDF) and other affiliated security forces have been implicated in systemic torture and inhumane conditions within detention facilities. Detainees, including children, have faced brutal treatment such as beatings, electric shocks, and sexual violence, often leading to deaths due to the lack of adequate medical care and harsh living conditions.
These violations have created a dire humanitarian situation, with millions of Syrians living in poverty, facing ongoing violence, and being unable to return to their homes due to the continuous conflict and lack of security.
International Responses and Challenges
Addressing human rights violations in war-torn countries is a complex challenge that draws varied international responses. These responses often face significant obstacles due to the chaotic environments In conflict zones, the interests of powerful states, and the difficulty of enforcing international laws.
International Legal Framework
- Geneva Conventions: The Geneva Conventions play a critical role in setting international legal standards for the protection of human rights, particularly in situations of armed conflict. These treaties are fundamental in mitigating human rights violations by establishing rules that protect civilians, prisoners of war, and combatants who are no longer participating in hostilities. Here’s how they contribute to stopping human rights violations:
- Wounded and Sick Combatants: The First and Second Conventions provide for the care of wounded and sick soldiers, regardless of which side they belong to, ensuring they are treated humanely and receive the necessary medical attention.
- Treatment of Prisoners of War: The Third Geneva Convention outlines the humane treatment of prisoners of war, ensuring they are protected from violence, intimidation, and degrading treatment.
- Civilian Protection: The Geneva Conventions, particularly the Fourth Convention, specifically protect civilians during times of war. This includes prohibitions against violence, torture, and inhumane treatment.
- International Criminal Court (ICC):
The International Criminal Court plays a crucial role in controlling human rights violations by holding individuals accountable for the most serious crimes under international law. Through its prosecutions, it seeks to deter future violations, provide justice for victims, and uphold international human rights standards. However, its effectiveness depends on the cooperation of states and the international community, as well as its ability to navigate complex political challenges.
- United Nations: The United Nations plays a multifaceted role in controlling human rights violations in war-torn countries, combining peacekeeping, human rights monitoring, diplomatic pressure, humanitarian assistance, and efforts to ensure accountability. While the UN’s actions have significant impact, its effectiveness is often influenced by political, logistical, and resource-related challenges.
UN peacekeeping missions are often deployed in war-torn regions with mandates to protect civilians from violence. These missions involve the deployment of military and police personnel who provide security, monitor ceasefires, and support the delivery of humanitarian aid. Peacekeepers monitor and report on human rights violations, helping to document abuses and provide evidence that can be used in future prosecutions or to press for accountability.
Humanitarian Organizations
Humanitarian organizations play a crucial role in controlling human rights violations in war-torn countries by providing immediate relief, advocating for the protection of civilians, and documenting abuses. Their work complements the efforts of governments and international bodies like the United Nations. Humanitarian organizations provide essential services such as food, water, shelter, medical care, and education to civilians affected by conflict. They often report on abuses, bring attention to the plight of civilians, and mobilize international action.
Organizations such as the International committee of the Red Cross (CRC) and Medecins Sans Frontieres (MSF) provide crucial services in conflict zones. The International Criminal Court (ICC) provides relief to civilians in war-torn regions whose human rights have been violated primarily through the mechanisms of justice, accountability, and reparations and Médecins Sans Frontières (Doctors Without Borders) provide medical care in conflict zones, including emergency surgery, mental health support, and treatment for malnutrition and disease. This care is critical in saving lives and preventing further deterioration of human rights conditions.
Suggestions
To address human rights violations in war-torn countries, the following measures are recommended:
- Strengthening International Law: There is a need to strengthen international legal frameworks to ensure that violators are held accountable. This includes reforming the International Criminal Court (ICC) to make it more effective.
- International Cooperation: Greater cooperation between nations, international organizations, and non-governmental organizations is essential to monitor and prevent human rights abuses.
- Humanitarian Intervention: The international community should be prepared to intervene in conflicts where there is clear evidence of human rights violations, even without the consent of the state involved.
- Support for Victims: Providing psychological, medical, and legal support to victims of human rights abuses is crucial. This includes creating safe spaces for refugees and ensuring their rights are protected.
- Education and Awareness: Raising awareness about human rights through education and media can help prevent violations and empower individuals to demand their rights.
Conclusion
Human rights violations in war-torn countries represent one of the most pressing challenges in contemporary international relations. The findings of this study highlight the urgent need for a more effective and coordinated global response to protect vulnerable populations. While significant progress has been made in raising awareness of these issues, more needs to be done to hold perpetrators accountable and prevent future violations. By strengthening international legal frameworks, improving interventions, and addressing the root causes of conflict, the international community can help ensure that human rights are respected and upheld in even the most challenging environments.
SUBMITTED BY:
SONAL SINGH
ASIAN LAW COLLEGE, NOIDA