Building respect for the rule of law in violent contexts: The Office of the High Commissioner for Human Rights' experience and approach

2014 ◽  
Vol 96 (895-896) ◽  
pp. 881-900
Author(s):  
Annyssa Bellal
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Armed Conflicts ◽  
Social Rights ◽  
Concerted Action ◽  
Cultural Economic ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
High Commissioner

AbstractHow does the Office of the High Commissioner for Human Rights (OHCHR) discharge its mandate of “promoting and protecting the effective enjoyment by all of all civil, cultural, economic, political and social rights”, especially in armed conflicts and other situations of violence? What are its concrete responsibilities, and how does it work to generate respect for the rule of law on the ground? This article aims to provide an overview of OHCHR's activities, and point to some of the challenges associated with its work to generate respect for the rule of law, in particular in violent contexts. It begins with an overview of the unique mandate of OHCHR and situates it within the broader United Nations human rights machinery. It then gives an account of OHCHR's experience and approach in building respect for the rule of law, including in armed conflicts and post-conflict situations, outlining how this informs OHCHR's field setup. Finally, the article summarizes the main challenges that OHCHR faces in the discharge of its mandate. It highlights the need for more concerted action on the part of human rights/humanitarian protection organizations on the ground, despite differences in mandates and constituencies.

Protection of human rights in the context of the development of the rule of law principle: The international aspect

2021 ◽  
Vol 28 (1) ◽  
pp. 32-42
Author(s):  
Oleh M. Omelchuk ◽  
Svitlana D. Hrynko ◽  
Alla M. Ivanovska ◽  
Anna L. Misinkevych ◽  
Viktoriia V. Antoniuk
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Annual Reports ◽  
International Level ◽  
International Treaties ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
European Court ◽  
Protection Of Human Rights

The consolidation of the principle of supremacy in international documents is described. It is established that the rule of law in the work of the UN has become a subject of constant discussion. It has gained significant momentum since 2007, establishing itself as one of the most important areas of the organisation. UN documents define the rule of law as a principle or as a sphere of activity of the Organisation and member countries. In their report, the UN Secretary-General divides the rule of law into three sectors: the rule of law at the international level, the rule of law in the context of conflict and post-conflict situations, and the rule of law in the context of long-term development. The UN Secretary-General’s annual reports continue to work to promote the rule of law at the national and international levels. UN activities and documents demonstrate that strengthening the rule of law at the international level is impossible without the promotion, observance, and implementation of international treaties, the settlement of disputes by peaceful means, and the protection of human rights that are inextricably linked to the rule of law principle. Areas of activity that strengthen the rule of law are identified. The content of the resolutions “ Rule of Law at the national and international levels” was analysed, based on the results of generalisation of the content and direction of the sessions of the General Assembly during the last fifteen years, the directions of activity within this framework were determined. The rule of law is recognised as one of the fundamental principles of the European Community and enshrined in its regional acts. The elements of the principle of the rule of law are identified based on the results of generalisation of the case law of the European Court of Human Rights. It is established that in the European region a great role in the development and interpretation of the concept of the rule of law is played by its judicial interpretation, which is engaged in by two international judicial institutions: the ECtHR and the European Court of Justice. The rule of law is represented in the work of the Organisation for Security and Co-operation in Europe (OSCE) and plays a significant role in the promotion and protection of human rights. A significant contribution to the development of regulations for the implementation of the rule of law at the international level was made by the International Non-Governmental Organisation “World Justice Project”, which developed in 2010 the Rule of Law Index. The indicators of measuring the rule of law index in the country are characterised and their analysis in the dynamics at the international level and the distribution of the rule of law index by factors in Ukraine

Leadership and the rule of law in conflict and post-conflict societies

2019 ◽  
Vol 15 (3) ◽  
pp. 130-136 ◽  
Author(s):  
Stéphane Jean
Keyword(s):  
Rule Of Law ◽  
Law Reform ◽  
Content Type ◽  
The Rule Of Law ◽  
Leadership Challenges ◽  
Post Conflict ◽  
Culture Shift ◽  
Conflict Situations ◽  
Difficult Challenge ◽  
Leadership Dimensions

Purpose The purpose of this paper is to explore the leadership dimensions in developing the rule of law. The paper considers the perspective from the United Nations, with the leadership tension is primarily seen from the prism of the rule of law. Design/methodology/approach This paper explores the leadership challenges in specific recent case studies. Findings The paper concludes that the most difficult challenge is a culture shift toward respect for the rule of law is required. The paper notes the importance of political leadership in developing consensus. Originality/value The challenge is that the implementation of rule of law reform is primarily a political endeavor that affects the balance of powers within the State. This need for leaders to develop the space for institutions advancing the rule of law is most certainly the case in, and exacerbated by, conflict and post-conflict situations.

Transitional justice and sanctions

2008 ◽  
Vol 90 (870) ◽  
pp. 371-398 ◽  
Author(s):  
Eric Sottas
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Institutional Changes ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
The Relationship

AbstractTransitional justice aims at once to restore victims' dignity, build confidence between warring groups and foster the institutional changes needed to bring about a new relationship within the population, in order to usher in the rule of law without endorsing practices that amount to total or partial impunity. In situations of post-conflict, however, governments are also faced with other pressing needs, such as disarming fighting forces, improving civilian security, compensating victims and relaunching the economy of a society in ruins. This article explores the relationship between these needs and transitional justice mechanisms, and critically evaluates their influence on the forms justice has taken in post-conflict situations.

scholarly journals Right to Land, Housing, and Property

2020 ◽  
pp. 252-266
Author(s):  
Elisenda Calvet Martínez ◽  
Aitor Díaz Anabitarte
Keyword(s):  
Rule Of Law ◽  
Criminal Prosecution ◽  
The Rule Of Law ◽  
Cultural Rights ◽  
Jus Post Bellum ◽  
State Security ◽  
Post Conflict ◽  
Sustainable Peace ◽  
Conflict Situations ◽  
The Right

The enforcement of economic, social, and cultural rights is often neglected in transitions from conflict to peace. Reconstruction programmes and initiatives of justice in post-conflict situations are still based on the paradigms of state security and criminal prosecution. However, there is a trend to recognize the importance of safeguarding the right of refugees and displaced persons to restitution of land, housing and property so that they can return to their homes and places of residence in safe and dignified conditions, with the aim of promoting the rule of law and achieving a just and lasting peace. The chapter shows the need to deepen and advance the empowerment of the right to restitution as a principle of jus post bellum in order to attain a just and sustainable peace. It claims that jus post bellum should promote ‘positive peace’.

Kooperation, Konflikt und Anerkennung

2001 ◽  
Vol 45 (1) ◽  
pp. 168-180 ◽  
Author(s):  
Arno Anzenbacher
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Rights ◽  
Moral Norms ◽  
The Rule Of Law ◽  
Theory Of Justice ◽  
Conflict And Cooperation ◽  
Positive Rights ◽  
Systematic Development ◽  
The Welfare State

Abstract The systematic development of the concept of justice occurs on the basis of human rights. First, this human rights basis is examined in terms of theories of conflict and cooperation. Furthermore, it is investigated whether wisdom suffices as the basis of human rights or whether moral norms are necessary. With the distinguishing of human rights into negative, active and positive rights, distinctions result with respect to the concept of justice, leading to the concepts of a state under the rule of law, democracy and the welfare state, and explaining the concept of socialjustice through exchange, participation, distribution, and procedural faimess. Overcoming the tension between formal rights of freedom and social rights, reference is made to the principles of subsidiarity and democracy. Finally, issues arising with respect to the theory of justice are considered in relation to the problern of globalisation.

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