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.

International Humanitarian Law and Human Rights Law

1993 ◽  
Vol 33 (293) ◽  
pp. 94-119 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Affairs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The United Nations

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

Applying Additional Protocol II of the Geneva Conventions to the United Nations Forces

2017 ◽  
Vol 8 (1-2) ◽  
pp. 234-254 ◽  
Author(s):  
Artem Sergeev
Keyword(s):  
United Nations ◽  
Armed Conflict ◽  
Legal Issues ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Third ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Legal Nature ◽  
Hostile Environments

Following the widespread participation of United Nations (UN) forces in hostile environments, this article aims to expand the obligations of the UN under International Humanitarian Law. The article argues that Additional Protocol II (AP II) to the Geneva Conventions can bind UN forces, even though the UN is not formally a party thereto. The argument is built on three distinct legal issues: the first issue is whether the UN’s involvement in a conflict internationalizes a non-international armed conflict; the second issue is the legal nature of the UN’s obligations under AP II, which will be explained through two legal theories of indirect consent; and the third issue is the conformity of UN forces to the criteria of an armed group outlined in AP II. The article concludes that if UN forces meet certain conditions, as will be outlined herein, they should be bound by the provisions contained in AP II.

Non-State Armed Groups and the Power to Detain in Non-International Armed Conflict

2020 ◽  
Vol 53 (1) ◽  
pp. 3-33
Author(s):  
Joshua Joseph Niyo
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Case Law ◽  
Customary Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Legal Basis ◽  
Armed Groups ◽  
Critical Feature

The restriction of personal liberty is a critical feature in all conflicts, whether they are of an international character or not. With the increased prevalence of non-international armed conflict and the drastic proliferation of non-state armed groups, it is critical to explore whether such groups can legally detain or intern persons during conflict. This article proposes that there exists a power and a legal basis for armed groups to intern persons for imperative security reasons while engaged in armed conflict. It is suggested that this authorisation exists in the frameworks of both international humanitarian law and international human rights law, as it does for states engaged in such conflicts. It is proposed that such power and legal basis are particularly strong for armed groups in control of territory, and can be gleaned from certain customary law claims, treaty law, as well as some case law on international humanitarian law and human rights. Certain case law of the European Court of Human Rights on detention by de facto non-state entities conceivably reflects a change in traditional thinking on ‘legal’ detention by armed groups.

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.

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.

Reconciling the rules of international humanitarian law with the rules of European human rights law

2015 ◽  
Vol 97 (900) ◽  
pp. 1295-1311 ◽  
Author(s):  
Claire Landais ◽  
Léa Bass
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
European Court ◽  
Increased Risk ◽  
Protection Of Human Rights

AbstractStates party to the European Convention for the Protection of Human Rights and Fundamental Freedoms that engage in military operations abroad face an increased risk to be held responsible for violations of the Convention, given the relatively recent case law adopted by the European Court of Human Rights. This article examines some of the issues raised by the concurrent applicability of international humanitarian law and European human rights law. It also seeks to identify ways to reconcile these two different, but not incompatible, branches of international law.

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