The UN Security Council, the Human Rights Council, and the Protection of Cultural HeritageA Matter of Peace and Security, Human Rights, or Both?

2020 ◽  
pp. 202-222 ◽  
Author(s):  
Kristin Hausler
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Security Council ◽  
Cultural Rights ◽  
Human Rights Council ◽  
Un Security Council ◽  
Peace And Security ◽  
Heritage Protection ◽  
Human Rights Violation ◽  
Two Bodies

The UN Security Council and the UN Human Rights Council have increasingly addressed the destruction of cultural heritage in recent years, reflecting an expanded focus on cultural heritage protection across the UN system. This chapter examines the approaches of these two bodies to cultural heritage destruction and explores how their approaches have mutually reinforced each other but also reflected their different mandates: international peace and security and international human rights, respectively. This chapter starts with an analysis of some of the key Human Rights Council resolutions on the matter, as well as the work of its special procedures, in particular the Special Rapporteur in the Field of Cultural Rights. It then looks at the resolutions of the Security Council both to assess the manner in which the Security Council has introduced cultural heritage destruction to the peace and security agenda and also to identify whether the Security Council has additionally addressed such destruction as a human rights violation. The chapter concludes with discussion of whether a human rights approach to cultural heritage destruction should be adopted more widely.

scholarly journals United Nations Security Council Intervention Towards Gross Human Rights Violation of The Rohingya Ethnicity

2021 ◽  
Vol 8 (06) ◽  
pp. 6464-6474
Author(s):  
Nizam Safaraz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Human Rights Violations ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Un Security Council ◽  
Peace And Security ◽  
Human Rights Violation

Abstract             Every human being has the rights to be protected from discrimination by any party, especially the act of gross human rights violations. In order to prevent this, the Security Council has a function to secure international peace and security from threats to international peace. One of the case that is becoming an international concern is the human rights violations on Rohingya by Myanmar Military. In its implementation, the UN Security Council can intervene a country known to violate human rights of its people, however the Security Council's intervention caused a controversy that questioned the validity of the intervention by Security Council. Thus, the purpose of this research is to find out whether the situation in Myanmar is valid for the UN Security Council to carry out humanitarian interventions. Accordingly, this research also analyzes legal measures by the UN Security Council in dealing with human rights violations in Myanmar. Keyword: Human Rights, Humanitarian Intervention, Rohingya, UN Security Council

Between the Margins and the Mainstream

2019 ◽  
pp. 205-222 ◽  
Author(s):  
Hilary Charlesworth ◽  
Christine Chinkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Security Council ◽  
Women's Rights ◽  
Women’S Rights ◽  
Un Security Council ◽  
Peace And Security ◽  
Human Rights Standards

This chapter investigates the conceptual limits of the field of women’s rights. It identifies two main currents of activity in the field: the elaboration of human rights standards, particularly through the UN Convention on the Elimination of All Forms of Discrimination against Women of 1979; and the development of the ‘Women, Peace and Security’ agenda by the UN Security Council since 2000. Both areas are limited in their understandings of the diverse lives of women. The chapter argues that campaigns for the recognition of women’s rights shuttle between the mainstream and the margins of international law and that the structural bases of women’s disadvantage remain obscured in both locations.

Pursuing Gender Security

2018 ◽  
pp. 764-778
Author(s):  
Aisling Swaine
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Gender Relations ◽  
The Other ◽  
Un Security Council ◽  
Peace And Security ◽  
And Gender

This chapter considers scholarly and practical attempts to advance notions of gender security. Human rights and inclusivity are central to the pursuit of comprehensive gender security. With this in mind, this chapter argues that going forward, the isolation of the WPS agenda within the confines of the UN Security Council and its mandate requires unshackling. Furthermore, it concludes that comprehensive approaches to gendered security need to be advanced across all initiatives relating to peace and security. Pursuing gender security is a complex endeavor that requires understanding security, war, and gender as concepts in and of themselves in disaggregated ways, and at the same time illuminating the impossibility of disaggregating one from the other. To that end, this chapter concludes that war and insecurity cannot be understood without understanding their gendered nature, while the dynamics of contemporary gender relations are inseparable from the insidious influence of norms of militarism and militarized masculinities, that overtly and covertly infuse our societies.

scholarly journals Cultural heritage: Right, identity and dignity: Right of access to and enjoyment of cultural heritage as a human right

2020 ◽  
Vol 54 (4) ◽  
pp. 1210-1259
Author(s):  
Branko Rakić
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
Cultural Rights ◽  
Heritage Protection ◽  
The Right ◽  
Right Of Access

In international human rights law established after World War Two, one of cultural rights that has been traditionally most neglected out of five categories of human rights (civil, political, economic, social and cultural rights), is the right to participation in cultural life, while its segment, by the nature of things, is also the right of access to and enjoyment of cultural heritage. Although international human rights law thus establishes the basis for treating the right of access to and enjoyment of cultural heritage as a human right, international acts dealing with the matters of cultural heritage protection have had a long-prevailing approach in which cultural goods were protected because of their inherent value. It was only recently, with the emerging needs and interests in respect of the safeguarding of cultural diversity and protection of intangible cultural heritage, that the emphasis began to be placed on the relationship, including the legal one, between cultural heritage and human communities, groups and individuals with a special subjective attitude towards it. That is how the human-rights based system of cultural heritage protection was gradually established and the segment of international law dealing with human rights was brought closer to the segment dealing with cultural heritage. In order to consider a right as a human right, apart from the will of law-makers to be like that, it also requires the existence of certain values which constitute the basis for it and which should be safeguarded through the protection of that human right. An understanding deriving from a series of international legal acts and being widespread in theory is that, when it comes to cultural rights, including the right of access to and enjoyment of cultural heritage, such basis is constituted by identity, first of all cultural identity, and human dignity. Therefore, although the foundation is laid for the right of access to and enjoyment of cultural heritage to be treated as a human right, it is necessary to clarify and elaborate, at the legal level, a number of questions which should ensure effective enjoyment of this right. The task is in the hands of states, either as participants in the adoption of international law acts or as national law-makers, so the question remains open as to the nature of their attitude to further development of the human-rights based system of cultural heritage protection.

Securing Compliance with International Humanitarian Law: The Promise and Limits of Contemporary Enforcement Mechanisms

2010 ◽  
Vol 1 (1) ◽  
pp. 213-220
Author(s):  
Ben Clarke
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Human Rights Council ◽  
Un Security Council ◽  
Enforcement Mechanisms ◽  
Conference Papers

AbstractThis report highlights several contributions to a recent ICRC sponsored IHL conference on compliance and enforcement. Conference papers addressed a range of contemporary issues including: whether the Human Rights Council has a mandate to examine alleged breaches of IHL; the complementarity debate (IHL/IHRL); the problem of human shields; UN Security Council practice with regard to violations of IHL; and whether IHL should be reformed to provide non-State organised armed groups with greater incentives to comply with IHL during non-international armed conflict.

UN Security Council Reform—The Council Must Lead by Example

2019 ◽  
Vol 22 (1) ◽  
pp. 1-33
Author(s):  
Hans Corell
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Security Council ◽  
Nuclear Weapon ◽  
Responsibility To Protect ◽  
Veto Power ◽  
International Peace ◽  
Un Security Council ◽  
Peace And Security ◽  
Executive Organ

The point of departure in the present article is that the UN Security Council must be reformed. But this reform should not focus on extending the membership of the Council, which seems to be the main issue in the discussion at present. It is imperative that the Council is maintained as an executive organ since this is a precondition for its effective functioning. Too many members would destroy this requirement completely, in particular if additional members are granted veto power. Already 15 members may be past the limit for an executive organ. Additional members will endanger the Council’s ability to fulfil its obligations under Art. 24 of the UN Charter: the primary responsibility for the maintenance of international peace and security. Instead, the reform should focus on resolving the real problem with the Council, namely the manner in which the permanent members sometimes behave. The exercise of the veto power must be in conformity with the UN Charter, which now must be viewed against the background of the development of international law since the UN was established more than 70 years ago. The manner in which some permanent members exercise their veto power is simply not in conformity with the Charter. Against this background it is absolutely necessary that the five permanent members engage in a profound discussion about their performance and the manner in which the veto power is exercised. Here, there is need for statesmanship. The members of the Security Council, and in particular the permanent members, must lead by example. What the Council must focus on is conflict prevention. This requires determination and consequence. The focus must be on the challenges that humankind is facing and will face ever more in the future and the threats to international peace and security that these challenges are causing. The need for the rule of law and protection of human rights are obvious elements in this analysis. Furthermore, the growth of the world population in combination with climate change simply must be addressed in an effective manner. The Council must focus attentively on these ‘conflict multipliers’. The discussion must also focus on peacekeeping and responsibility to protect. With respect to responsibility to protect there is great need for improvement. We cannot accept in the 21st century that fundamental human rights are violated and that crimes against international humanitarian law are being committed on a large scale without consequences. Another important element in this context is empowerment of women. In addressing these questions there is need for close cooperation with regional organizations. This cooperation already exists, but the question is how it can be developed and what lessons can be learnt from the past. Since the five permanent members are also recognized as nuclear-weapon States under the 1968 Non-Proliferation Treaty, they must confirm their obligations under this treaty and make serious their obligation to work for a nuclear-weapon free world. A reform along the lines discussed in the present article can be made without amending the UN Charter.

Report on the Protection of Civilians in the Non International Armed Conflict in Iraq: 5 June – 5 July 2014; Human Rights Council Resolution S-22/1; & Security Council Resolution 2170, 2178

2015 ◽  
Vol 54 (2) ◽  
pp. 306-346 ◽  
Author(s):  
Jonathan P. Worboys
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Armed Conflict ◽  
Security Council Resolution ◽  
Human Rights Council ◽  
High Commissioner ◽  
Un Security Council ◽  
The United Nations

The United Nations (UN) Report on the Protection of Civilians in the Non International Armed Conflict in Iraq (Office of the High Commissioner for Human Rights and UN Assistance Mission for Iraq), UN Security Council Resolutions 2170 and 2178, and UN Human Rights Council Resolution S-22/1 (UN Documents) form a key part of the international community’s efforts to resolve, manage, and document the ongoing non-international armed conflict in Iraq.

scholarly journals The Role of the UN Security Council in the Process of Securitization of World Cultural Heritage

2020 ◽  
Vol 7 (2) ◽  
pp. 154-170
Author(s):  
Iu. V. Vorobyova
Keyword(s):  
Cultural Heritage ◽  
Security Council ◽  
Main Body ◽  
Special Role ◽  
International Peace ◽  
Heritage Sites ◽  
Un Security Council ◽  
Peace And Security ◽  
World Cultural Heritage ◽  
The Impact

The deliberate activity of terrorist groups to destroy cultural heritage sites triggered the securitization of World Cultural Heritage concept. Among the actors of the securitization process, the UN Security Council plays a special role as the main body responsible for ensuring and maintaining international peace and security. Within the framework of UN Security Council resolutions, the base was gradually prepared linking the destruction and plunder of World Cultural Heritage sites, the illicit trafficking of cultural property with the financing of terrorist activities. This process took place in line with the securitization process, increasingly linking the protection of cultural sites with the maintenance of international peace and security. The article assesses the impact the in activities of the UN Security Council on the process of securitization of the World Cultural Heritage and on the development of regional legislation in the field of protection of such heritage.

The Disposition of Movable Cultural Heritage

2020 ◽  
pp. 17-55 ◽  
Author(s):  
Patty Gerstenblith
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Security Council ◽  
Armed Conflict ◽  
Minority Groups ◽  
Archaeological Sites ◽  
Human Rights Law ◽  
Legal Regime ◽  
Cultural Objects ◽  
Un Security Council

Recent conflicts throughout the Middle East and North Africa illustrate that the bifurcation in the international legal regime between those instruments that apply to armed conflict and those that apply to the movement of cultural objects, primarily during peacetime, has severely hampered our ability to protect archaeological sites from looting and has necessitated several sui generis legal instruments, including three UN Security Council resolutions. In addition, questions sometimes arise as to whom and to where cultural objects should be returned following situations of armed conflict and occupation, highlighting a tension between territorial principles that determine a sovereign State’s authority over cultural objects found within its territory and the strong cultural connection that links minority or excluded groups with disputed heritage objects. This chapter thereby points out two areas in which intersections are lacking—the intersection between instruments that regulate armed conflict and those that regulate international movement of cultural objects, and the intersection between cultural heritage law and human rights law. The chapter proposes that if these disparate sources of law could be integrated, more effective protection could be given to cultural heritage during armed conflict and there would be movement toward harmonization of rights of minority groups to cultural heritage and of States within the framework of international law.

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