scholarly journals Rhetoric of civil conflict management: United Nations Security Council debates over the Syrian civil war

2017 ◽  
Vol 4 (2) ◽  
pp. 205316801770298 ◽  
Author(s):  
Juraj Medzihorsky ◽  
Milos Popovic ◽  
Erin K. Jenne
Keyword(s):  
Human Rights ◽  
Civil War ◽  
Conflict Management ◽  
Security Council ◽  
Civil Conflict ◽  
United Nations Security Council ◽  
Responsibility To Protect ◽  
Human Rights Violations ◽  
Major Power ◽  
Syrian Civil War

This paper introduces a spatial model of civil conflict management rhetoric to explore how the emerging norm of responsibility to protect shapes major power rhetorical responses to civil war. Using framing theory, we argue that responsibility to protect functions like a prescriptive norm, such that representing a conflict as one of (1) human rights violations (problem definition), implies rhetorical support for (2) coercive outside intervention (solution identification). These dimensions reflect the problem-solution form of a prescriptive norm. Using dictionary scaling with a dynamic model, we analyze the positions of UN Security Council members in debates over the Syrian Civil War separately for each dimension. We find that the permanent members who emphasized human rights violations also used intervention rhetoric (UK, France, and the US), and those who did not used non-intervention rhetoric (Russia and China). We conclude that, while not a fully consolidated norm, responsibility to protect appears to have structured major power rhetorical responses to the Syrian Civil War.

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

‘Humanitarian Rights’: Bridging the Doctrinal Gap between the Protection of Civilians and the Responsibility to Protect

2013 ◽  
Vol 4 (1) ◽  
pp. 5-46 ◽  
Author(s):  
Dan Kuwali
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Responsibility To Protect ◽  
Human Rights Violations ◽  
Military Force ◽  
Humanitarian Law ◽  
Populations At Risk ◽  
Resolution 1973 ◽  
The Right ◽  
The Military

The right to intervene under Article 4(h) of the African Union (AU) Constitutive Act and the third pillar of responsibility to protect (R2P) provides for the possibility of using military force to protect civilians from mass atrocities. However, both Article 4(h) and R2P do not specify how the military can or should use force to protect civilians. The omission to define how the military should use force to protect populations at risk was brought to the fore by the implementation of UN Security Council Resolution 1973, through which NATO has been criticized to have overstepped the Security Council mandate. The doctrinal deficit on protecting civilians is worsened by legalistic thinking on the normative separation of human rights and humanitarian law, a division driven by their historical roots. Nonetheless, human rights violations occur during warfare and humanitarian law violations may also be human rights violations. Both spheres of law are complimentary and mutually reinforcing and victims do not distinguish whether they have suffered human rights or humanitarian law violations. What they need is protection. This paper presents a ‘humanitarian rights’ approach as the symbiotic methodology for civilian protection that recognizes the inherent dignity and worth of every human being.

THE LEGALITY OF THE NATO BOMBING IN LIBYA

2013 ◽  
Vol 62 (1) ◽  
pp. 159-171 ◽  
Author(s):  
Geir Ulfstein ◽  
Hege Føsund Christiansen
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Use Of Force ◽  
Responsibility To Protect ◽  
Human Rights Violations ◽  
Member States ◽  
Un Security Council ◽  
Negative Effect ◽  
Resolution 1973 ◽  
Nato Bombing

AbstractOn 17 March 2011 the UN Security Council adopted Resolution 1973 authorizing member states to take forceful measures to protect Libyan civilians. Clearly NATO actions to protect civilians were within the mandate. But the authors claim that operations aiming at overthrowing the Qaddafi regime were illegal use of force. The overstepping of the mandate may have a negative effect on the credibility of the responsibility to protect in future gross human rights violations.

Humanitarian Intervention

2018 ◽  
Author(s):  
Richard Caplan
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Future Development ◽  
Humanitarian Intervention ◽  
Responsibility To Protect ◽  
Real Effect ◽  
General Decline ◽  
Humanitarian Crises ◽  
Un Security Council ◽  
The Way

States – Western ones, at least – have given increased weight to human rights and humanitarian norms as matters of international concern, with the authorization of legally binding enforcement measures to tackle humanitarian crises under Chapter VII of the UN Charter. These concerns were also developed outside the UN Security Council framework, following Tony Blair’s Chicago speech and the contemporaneous NATO action over Kosovo. This gave rise to international commissions and resulted, among other things, in the emergence of the ‘Responsibility to Protect’ (R2P) doctrine. The adoption of this doctrine coincided with a period in which there appeared to be a general decline in mass atrocities. Yet R2P had little real effect – it cannot be shown to have caused the fall in mass atrocities, only to have echoed it. Thus, the promise of R2P and an age of humanitarianism failed to emerge, even if the way was paved for future development.

The Security Council on women in war: between peacebuilding and humanitarian protection

2010 ◽  
Vol 92 (877) ◽  
pp. 197-219 ◽  
Author(s):  
Alain-Guy Tachou-Sipowo
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Armed Conflict ◽  
Active Participation ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Women In War

AbstractHaving established that massive human rights violations in armed conflict constitute a threat to peace and that women are the most severely affected by the scourge of war, the Security Council has since 1999 adopted a number of resolutions intended specifically for this group. These instruments contribute to the development of humanitarian law applicable to women and acknowledge the value of active participation by women in peace efforts. The following article first analyses the foundations on which the Council has been able to assume responsibility for protecting women in situations of armed conflict, and then considers the actual protection it provides. It concludes that the Council has had varying success in this role, pointing out that the thematic and declaratory resolutions on which it is largely based are not binding and therefore, they are relatively effective only as regards their provisions committing United Nations bodies. The author proposes that the Council's role could be better accomplished through situational resolutions than through resolutions declaratory of international law.

scholarly journals Is the Responsibility to Protect an Accepted Norm of International Law in the post-Libya Era?

2018 ◽  
pp. 11
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Building Blocks ◽  
Responsibility To Protect ◽  
Human Rights Violations ◽  
One Dimensional

This article explores the Responsibility to Protect (RtoP) in the post-Libya era to determinewhether it is now an accepted norm of international law. It examines what RtoP means intoday`s world and whether the norm now means that steps will be taken against states thatare committing serious human rights violations. The building blocks of RtoP are examined tosee how to make the doctrine more relevant and more applicable. It is contended that theresponsibility to react should be viewed through a much wider lens and that it needs to bemore widely interpreted to allow it to gain greater support. It is argued that there is a need tofocus far more on the responsibility to rebuild and that it ought to focus on the transitionallegal architecture as well as transitional justice. It is contended that these processes ought notto be one-dimensional, but ought to have a variety of constituent parts. It is further arguedthat the international and donor community ought to be far more engaged and far moredirective in these projects.

22. Transitional Justice

2016 ◽  
Author(s):  
Joanna R. Quinn
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Civil Conflict ◽  
Retributive Justice ◽  
Social Implications ◽  
Human Rights Violations ◽  
Difficult Question ◽  
The Social

This chapter examines the link between transitional justice and human rights. Atrocities such as genocide, disappearances, torture, civil conflict, and other gross violations of human rights leave states with a puzzling and often difficult question: what to do with the perpetrators of such acts of violence. Transitional justice takes into account the social implications of such conflicts. Its emphasis is on how to rebuild societies in the period after human rights violations, as well as with how such societies, and individuals within those societies, should be held to account for their actions. The chapter considers three paradigms of transitional justice, namely: retributive justice, restorative justice, and reparative justice. It also discusses the proliferation of the number of mechanisms of transitional justice at work and concludes with a case study of transitional justice in Uganda.

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