Author: Bilean Beraki
Publication date: 04.06.2024
Human rights violations in conflict zones are persistent and evolving issues that have increasingly become a global pressing concern. Ensuring humane treatment and safeguarding fundamental rights is a great challenge in these environments. The crucial question often posed is what international law can do to safeguard rights in these conflict situations.
Human Rights under International law
International law comprises of rules and principles that govern the relations between countries, individuals and other international actors. These rules are found in International Treaties and originate from customary international law, which crystallizes from states’ behaviors practiced over centuries. Additionally, it includes practices established by international courts and arbitration tribunals.
Human Rights are protected by both International Human Rights Laws and International Humanitarian Law. International Human Rights law requires governments to take specific actions or avoid certain behavior to promote and protect human rights and freedoms of individuals and groups. International Humanitarian Law is a set of rules designed to limit the impact of armed conflict for humanitarian reasons. It safeguards individuals who are not or are no longer involved in hostilities and restricts the means and methods of warfare.
Sources
The sources of international human rights law are primarily established by the United Nations (UN). One of the UN’s significant achievements is the creation of a universal body of human rights laws, codifying a broad range of civil, cultural, economic, political and social rights that nations worldwide can follow.
The Charter of the United Nations (1954) and the Universal declaration of Human Rights (1948) make up the foundational documents of this body of law. The UN has expanded human rights laws through international covenants such as the International Covenant on Civil and Political rights (ICCP) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The UN has also established mechanisms, including the Human Rights Council and Office of the High Commissioner for Human Rights (OHCHR) to monitor and enforce these laws.
International Humanitarian law comes from two key sources, the ‘Hague Conventions’ and the ‘Law of Geneva’. The ‘Hague Conventions’ includes treaties and declarations adopted during the international peace conferences of 1899 and 1907. In addition to the 1954 Hague Convention on the Protection of Cultural Property in armed conflict. These conventions are collectively known as the Law of The Hague. They regulate how wars are fought, including the methods of warfare, conduct during hostilities, and occupation rules.
Complementing this is the ‘Law of Geneva’ which focuses on protecting victims of armed conflicts. This body of law began with the First Geneva Convention in 1864. Overtime, additional Protocols to the 1949 Geneva Conventions, which addresses the rules on the conduct of hostilities, have combined aspects of both the law of Geneva and the law of The Hague, making the distinction between these two terms less significant.
The International Criminal Court
These bodies of law are complimentary and mutually important in armed conflict situations, with violations constituting offences under international criminal law. Therefore, legal frameworks like the Rome Statute of the International Criminal Court are applicable.
The main mission of the International Criminal Court is to find those responsible for the most serious crimes of global concern and to help prevent such crimes from occurring. The Rome statute outlines what the Court can do regarding serious crimes like genocide, crimes against humanity, war crimes, and, following a 2010 amendment, the crime of aggression. Additionally, the ICC can issue protective measures for victims and witnesses, ensuring their safety and enabling their participation in legal proceedings. Through its work, the ICC contributes to upholding human rights standards and promoting peace and stability in conflict affected regions.
You can also read about:
Comments