scholarly journals Blue Helmets, Red Flags: Institutional, Societal, and Military Determinants of Peacekeeping Abuses

2019 ◽  
Vol 63 (3) ◽  
pp. 626-640 ◽  
Author(s):  
Marisella Rodriguez ◽  
Brandon J Kinne
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Host Country ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Red Flags ◽  
Human Rights Abuses ◽  
Out Of Sample ◽  
Peacekeeping Missions ◽  
Political Turmoil

AbstractUnited Nations peacekeeping soldiers commit atrocities while deployed despite their mandate to protect civilians from harm. Yet, there is tremendous variation across missions in reported human rights abuses. Why are some missions more susceptible to misconduct than others? To answer this puzzle, we identify three broad sources of influence on peacekeeper behavior: institutions, society, and military culture. Using newly collected data, we find that host-country and contributing-country institutions, particularly press freedoms and rule of law, dramatically decrease violations. Compliance with international humanitarian law also decreases violations, though to a lesser degree than institutions. Societal influences, such as gender norms and income inequality, have virtually no impact on abuses. We illustrate the utility of these findings by generating out-of-sample predictions for hypothetical peacekeeping missions in countries with recent political turmoil.

War, Conflict, and Human Rights

2010 ◽  
Author(s):  
Chandra Lekha Sriram ◽  
Olga Martin-Ortega ◽  
Johanna Herman
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Abuses ◽  
Identity Group ◽  
War And Conflict ◽  
Race Ethnicity ◽  
Territorial Claims ◽  
The Relationship

The relationship between human rights and armed conflict is rooted in historical debates among religious, philosophical, and international legal scholars about the nature of a just war, and appropriate conduct in war, which also have come to underpin and international humanitarian law. An understanding of the links between human rights, war, and conflict can begin with conflict analysis, as human rights violations can be both cause and consequence of conflict. In the most general sense, grievances over the denial or perceived denial of rights can generate social conflict. This may be the case where there is systematic discrimination based upon race, ethnicity, caste, religion, language, gender, or other characteristics. Alternatively, human rights abuses can emerge as a result of violent conflict. A conflict may have been undertaken by the parties primarily out of concern to promote a political or ideological agenda, or to promote the welfare of one or more identity group(s), or over access to resources. Human rights are also potentially transformative of conflicts and may make their resolution a greater challenge. Thus, conflicts that begin as conflicts over resources, religion, or ethnic or territorial claims, may, as they progress, create new grievances through the real and perceived violation of human rights by one or more parties to the conflict.

Human Rights Abuses in Crimea under Russia’s Occupation

2014 ◽  
Vol 25 (3) ◽  
pp. 328-340 ◽  
Author(s):  
Yulia Gorbunova
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Local Authorities ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Law And Policy ◽  
Russian Law

Russian and local authorities have severely curtailed human rights protection in Crimea since Russia began its occupation of the peninsula in February 2014. This article describes the human rights consequences of the extension of Russian law and policy to Crimea since the occupation. Russia has violated multiple obligations which it has as an occupying power under international humanitarian law – in particular in relation to the protection of people’s rights.

International Humanitarian Law

2012 ◽  
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Ancient Times ◽  
International Human

This chapter explores how international humanitarian law and international human rights law initially developed independently, but have converged and are now deeply interwoven. Since ancient times, some who take part in armed combat have recognized that placing certain limits on the way in which they conduct hostilities can be advantageous. It can be a sign of civilized behavior, enhancing their own prestige; it may be a way to encourage their opponents to behave in a similar manner; and it may contribute to the reestablishment of peaceful relations in which the rule of law prevails. Whether or not these limits confer advantages, they do most often have the effect of asserting a commitment to humane principles.

State responsibility for community defence groups gone rogue

2021 ◽  
pp. 1-25
Author(s):  
Jemma Arman
Keyword(s):  
Human Rights ◽  
The State ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Community Members ◽  
Human Rights Abuses ◽  
National Crisis ◽  
Security Services

Abstract In situations of national crisis, it is not uncommon to see community members join together to provide security services to their communities, gap-filling or supplementing the security services of the State. These “community defence groups” perform many roles, from operating checkpoints and conducting surveillance missions to patrolling roads and even participating in combined combat operations with the State. Unfortunately, while many community defence groups perform an important service for their community, some have been accused of serious human rights abuses or even war crimes. This article examines the circumstances in which a State might be responsible in relation to wrongful acts of community defence groups operating within their territory. Each community defence group differs in its structure, its activities and its relationship with the State. As such, any assessment of the potential responsibility of the State will depend upon the particulars of each group and its operations. The contribution of this article is to provide a framework for assessing State responsibility in relation to community defence groups. It does so by examining the potential attribution of acts of the community defence group to the State, applying secondary rules of State responsibility. In addition, it also considers the potential responsibilities of the State under primary rules of international law, namely international humanitarian law and international human rights law, in circumstances where the primary wrongful act is not attributable to the State.

The United Nations Principles to Combat Impunity: A Commentary

2018 ◽  
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Relevant Literature ◽  
Case Law ◽  
Legal Issues ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Abuses ◽  
Human Rights Council ◽  
Significant Step

The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and affirmed by the Human Rights Council. Today, these Principles are widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues.

How the Geneva Conventions Matter

2017 ◽  
Author(s):  
Matthew Evangelista
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
International System ◽  
War Crimes ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Abuses ◽  
Geneva Conventions ◽  
The Status ◽  
The Impact

This chapter offers an assessment of the status of the Geneva Conventions as a normative regime and how it matters. The book’s case studies support the intuition that states fighting guerrilla insurgencies and terrorists face challenges in adhering to the laws of war. Yet many cases exhibit more compliance than the rationalist accounts would anticipate. In exploring mechanisms of noncompliance as well as compliance, the chapter highlights the importance of disaggregating the process—from leaders to individual soldiers—and highlights some of the counterintuitive insights that emerge. The international system—powerful states and institutions—serves not only as a constraint on human-rights abuses and war crimes but also sometimes as an enabler. Courts play less of a role than expected in the process of socialization and internalization of norms. The chapter concludes with reflections on the methodological challenges facing scholars who seek to assess the impact of international humanitarian law.

scholarly journals Transitional Justice in Afghanistan: Confronting Violations of International Humanitarian and Human Rights Law

2001 ◽  
Vol 4 ◽  
pp. 3-51
Author(s):  
Peter G. Danchin
Keyword(s):  
Human Rights ◽  
Sierra Leone ◽  
Rule Of Law ◽  
Transitional Justice ◽  
East Timor ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
Military Campaign

After more than two decades of war and foreign interventions, including the recent US-led military campaign following the 11 September 2001 terrorist attacks, Afghanistan has now entered a period of transition and rebuilding. It joins a host of other countries — from South Africa to Sierra Leone to East Timor — seeking to move from a repressive and violent past to a future based on democracy, the rule of law and respect for fundamental human rights and international humanitarian law. Afghanistan presents one of the most confronting case studies of ‘transitional justice’, what Teitel has described as the issue of how societies deal with their ‘evil pasts’.

Using African Truth and Reconciliation Commission documentation for truth telling and reconciliation

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Reconciliation Process

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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