The Contrast Between Human Rights And Crime In Conflict Regions
Author: LawSphereX
Category: Constitutional & Human Rights
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THE CONTRAST BETWEEN HUMAN RIGHTS AND CRIME
IN CONFLICT REGIONS
Shrungesh Rajendra Chenuur, B.A. LL.B., ILS Law College, Pune
ABSTRACT
The rights which are granted to human beings are simply called human rights which include the right to life, the right to work and education, right to liberty, the freedom of opinion and expression, these were some of the rights but there are various more rights granted to humans. Human rights all over the world have a huge and significant impact. The research paper is a deep explanation of how human rights functions in areas of where crime and conflict are committed by human rights violators. The paper also deals with the history of how human rights have evolved through years from various conventions such as the Geneva convention, Hague peace conference etc.
, how these conventions have impacted human rights and what all changes have been made in human rights across the globe, it also covers various countries and the condition of human rights in those countries, specifically mentioning North Korea because when we about violation of human rights one of the country which to our mind is North Korea. The role of The United Nations, The Universal Declaration of Human Rights, and International Humanitarian Law how they have impacted human rights growth in a positive way. By looking at the condition of human rights and its effectiveness, various strategies are taken into consideration which are discussed in the research paper, how by taking a small initiative for improvement of human rights it positively impacts human rights.
The aim of the paper is to contribute to a deep understanding of human rights and suggest pathways to protect the individual in conflict zones. Keywords: Conflict, Crime, Human Rights, Laws, War
Introduction What are human rights? Human rights are available to all humans simply because they are human, not because they are subordinate to a bureaucracy or any government body. These universal rights are applicable to everybody, regardless of gender, race, color, religion, language, or other quality. They include basic rights like the right to life, as well as rights that improve the quality of life, such as the right to food, education, employment, health, and freedom. 1 Human rights are not biased in nature and give everybody a fair chance to raise their voice if their rights are violated. 2 The Universal Declaration of Human Rights which is the UDHR was adopted by the United Nations on 10th December 1948, the UDHR was the first legal document to provide the 30 fundamental rights to be protected across the world.
The basic and important principle of UDHR is universality, every human living on earth is entitled to human rights. What are conflict zones? A conflict zone is an area where there is a drastic level of violence or conflicts. The violence is
because of various reasons, including armed conflict, civil unrest etc. These areas are dangerous in nature due to various reasons like, risk of being caught in cross firing, no law and order, necessities like water, food and shelter are not available to the maximum number of people. Some of the countries where there is a huge percentage of crime and conflict are Cyprus, Iraq, Israel, Palestine, Syria, Afghanistan, South Sudan, and Somalia. Organizations such as the UN, UNHRC etc. Endeavor to safeguard civilians during conflict by encouraging the parties involved to honor international humanitarian law, which is also recognized as the rules of war, these rules are intended to regulate and limit the practice of war. Human Rights Watch's job is not to proponent for war or not, but to make sure the parties involved honor the law.
Research Methodology ● Identify the instances of human rights violation and the various laws and articles dealing 1Human rights and UDHR, Amnesty International, https://www. amnesty. org. uk/what-are-human-rights (last visited May 26, 2024)
2 "Human Rights Today: A United Nations Priority," The United Nations, 2000. [available at:
http://www.un.org/rights/HRToday/]a
with it on a global scale. ● Evaluate factors contributing to violation of human rights. ● Evaluating countries and how human rights position on these countries. ● Analyzing and solving the issue of violation of human rights across the world. Review of literature The people who violate human rights are generally involved in heinous crime and acts such as rape, genocide killing, torture, suicide bombing and extrajudicial killings these are some of the actions occur overseas, mainly in the times of war. Once the armed conflict breaks out, opportunities to use human rights to reduce the crime or conflict becomes very less, but human rights can help in tracking the nature of ongoing conflict which also helps in mobilizing the situation of conflict to some extent.
What is international armed conflict: There are two types of international armed conflict, the international armed conflict, and the non-international armed conflict. International armed conflicts involve different countries and their governments. On the other hand, non-international armed conflict involves the government and the conflict or rebel groups within the country itself. But this is not always applicable because in the emergence of a new state or country due to reasons of violent decolonization, the international community recognizes such countries under international armed conflict. International humanitarian law (IHL), also known as the laws of war or the law of armed conflict, is the legal framework applicable to situations of armed conflict and occupation, the IHL plays an important role in the situation of crime and violence by implementing various laws.
International humanitarian law is relevant to armed conflict. It does not have a role in determining if a country can utilize force; this is determined by an important part of its international law that is listed under the United Nations Charter. The international humanitarian law is founded on some principles which are:
1. To distinguish between who are normal people or citizens of a country and who are involved
in crime, violence, and conflict with the aim of violation of human rights.
2. the prohibition of attacks against those hors de combat.
3. Aim is to save humanity.
4. To protect people who are suffering unnecessarily due to conflict.
International Humanitarian Law (IHL) finds its specific niche in the realm of situations where armed conflicts prevail. In view of this, belligerents cannot exonerate themselves from honoring IHL by citing the brutal implications of armed conflicts; they are duty-bound to comply with humanitarian duties unconditionally. ' This further connotes that IHL holds equal weightage on all concerned parties involved in an armed conflict without any consideration of their motives or the essence and source of the conflict (universality). A State resorting to acts of self-defense or those rightfully endeavoring to reinstate law and order within their territories should take equal care to comply with IHL as any aggressor state or non-State armed group going against force laws internationally or nationally recognized, respectively (parity between belligerents).
Further, parties involved in conflict are obliged to uphold International Humanitarian Law (IHL) even if the other party violates it (principle of non-reciprocity). Belligerent reprisals are only allowed under very stringent conditions and should never be targeted towards individuals or objects that are entitled to humanitarian protection. Relationship between IHL and human rights: The objectives of humanitarian law and human rights law coincide, both aim to limit the authority of State entities to protect the fundamental rights of individuals. Human rights treaties, along with customary law, provide a comprehensive approach by addressing nearly all aspects of life. These rules must be applied universally and upheld in all situations, although certain rights may be suspended during emergencies.
3 On the other hand, humanitarian law is applicable solely during times of armed conflict and is specifically tailored to accommodate the unique circumstances of warfare. Its provisions cannot be disregarded under any circumstances. Generally, humanitarian law applies "across the front line," meaning that armed forces must adhere to its principles when interacting with the enemy (rather than in their
3 MANNRÉTTINDASKRIFSTOFA ISLANDS ICELANDIC HUMAN RIGHTS CENTRE, relationship of
human rights, https://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-andfora/human-rights-in-relation-to-other-topics/human-rights-and-armed-conflict (last accessed May 26, 2024)
interactions with their own citizens). However, in internal armed conflicts, human rights considerations also come into play. Some of the conventions which dealt with protection of human rights mainly during time of conflict and war:
● GENEVA CONVENTION - 1864
● ST PETERSBURG CONFERENCE - 1868
● THE HAGUE PEACE CONFERENCE - 1899
1. GENEVA CONVENTION - 1864
The convention was established in 1864 and was again revised in the year 1949 It laid out some rules and regulations for the people who were affected by the war all over the world, the main principle was to save the humanitarian ethics. 4 The same convention of Geneva also laid down the outline for the treatment of people who have been affected by the war, war prisoners, troops etc. Some of the rules and norms of the convention and the amendments are: Prisoners of war or detained military personnel should be accorded the right to life, physical and moral integrity even though they are in the power of a hostile Party. They must be protected from all acts of violence and reprisals. They should have the possibility to establish contact with their families as well as receive aid. When organizations engage in warfare, they are not spoilt for choice when it comes to strategies and tactics.
It is against the rules to use weapons or methods that cause high casualties or unnecessary suffering during combat. Also, it is prohibited to harm a surrendering opponent during a battle. Those involved in warfare must always draw a sharp line between civilian and military populations— it is crucial to protect civilians and valuable assets. The local populace, including innocent individuals, should not be targeted in any way; all attacks should have their primary focus on the military targets. It's essential to keep this differentiation uncompromised when launching any offensive action.
4 Shaw, Malcolm. "Geneva Conventions". Encyclopedia Britannica, 24 May. 2024,
https://www.britannica.com/event/Geneva-Conventions (Accessed 29 May 2024)
2. ST PETERSBURG CONFERENCE - 1868
Considering the proposal from the Imperial Cabinet of Russia, there was an International Military Commission that met in St. Petersburg to determine whether it is feasible or not to forbid certain kinds of projectiles during a war between civilized powers. The commission reached an agreement and established technical boundaries where the needs of warfare would give way to the demands of humanity. In consequence, we have been instructed by our respective Governments to declare as follows: Considering: It is a curious fact that the advancement of civilization should have the result of mitigating to the greatest possible extent the calamities of war. It is also to be remembered that during war, there is no objective other than this which States should strive to reach; this objective is none other than weakening the military forces of an enemy state.
To accomplish this goal all that is needed is the incapacitation of as many individuals as possible — this is humanity. The obligation is only binding upon those Contracting or Acceding Parties if a war takes place between two or more of them.
3. THE HAGUE PEACE CONFERENCE - 1899 to 1907
The conference began on 18th May 1899, which was the initiative of Russia, with the principle of “seeking the most effective means of ensuring to all peoples the benefits of a real and lasting peace. ” The topics of the agenda were: control of arms, budget of military, use of harmful or deadly weapons etc. This convention was followed by another convention in 1907, again in Hague, this convention much more impact than the earlier convention, one more convention was planned to follow this which was to be held in 1915 but was not held due to world war. though it came to the observation that this convention did not have an impact on the world, but later it was observed that the convention helped in to control the warfare happening in the world, the convention of 1899 also aimed at creating a Permanent Court of Arbitration which is active today also.
The aim was to protect people who suffered due to war and their rights, which was solved till a level but was not fully.
1. This declaration is known for a document that talks about prohibiting the launch of bullets
or explosives from balloons or any other new analogous methods.
2. A similar declaration was established to prevent the use of projectiles with the sole aim of
disseminating asphyxiating poisonous gases.
3. Additionally, another declaration was created to ban bullets capable of easy expansion or
deformation within the human body like specific types of bullets. Some of the major countries where there is huge percentage of conflict, crime, violence and absence of human rights.
1. Syria:
The topic of human rights is considered crucial with Syria because the country is politically not stable and is famous for explosives starting from the civil war and is still continuing till now. 5 Citizens of Syria are not able to secure their human rights mentioned by UDHR some of which are, right to privacy, freedom from torture, right to life and many more rights which citizens of Syria cannot undertake. The military is one of the major reasons for violation of human rights.
The Syrian government is so brutal that it has number of airstrikes on civilians, the government also uses starvation has means to stop the access of humanitarian aid, moreover a very popular and controlling rebel group Hay’et Tahrir Al-Sham perform acts which leads to human rights violation, reports of 2017 says that airstrike were done by US due to tensions and conflict between both the country which ultimately led to death of more than 2,500 people. The government also uses tactics of chemical warfare and many of the nerve agents have been stationed in areas, the reason for which is that the Syrian government wants to defeat the opposition. One more report of 2017 says that more than 80,000 civilians disappeared. These were the reports which came to the view but in reality, nobody knows how many people are killed in Syria each and every day such are the conditions in Syria.
The Syrian people are in desperate need of humanitarian aid, but the bad politics and government wipes out everyone who comes in their way.
2. Afghanistan:
It is an Islamic republic country, which was working under a bicameral legislature and judicial body, but it is now under the hand of Taliban, a rebel group which has captured the whole 5Syria on human right, Ipleaders https://blog.ipleaders.in/human-rights-violations/#Syria (last accessed on May 29, 2024)
country. Since then the country the country terrorist attacks, no civilian can undertake human rights, the Taliban is famous for violating human rights, includes violation of children rights, genocide, illegal arrests of opposition leaders, kidnappings, violence and rape of women’s, physical abuse corruption, recruitment of child soldiers and sexual abuse of children In 2016 it was claimed that more than 3,500 plus cases have been recorded for violence against women and children, the Taliban also target the people who raise their voice for human rights and are killed brutally by torturing and using various heinous methods. The UN refugee agency noted that due to such dangerous situations in the country more than 25,00,000 lakh people are now settled in Iran and Pakistan. Various programs are placed in Afghanistan by the UN to help people who are in need.
The government also targets the hospitals to extract the medical supplies for the military purpose without the concern of civilians living in Taliban.
3. North Korea:
One of the countries when we speak about violation of human rights comes to our mind is North Korea, it a country which is ruled by Kim Jong-un, often called as the dictator of North Korea also there is no other political party other than Kim Jong-un’s party which is the ‘Democratic People’s Republic of Korea”. The country’s government is also involved in killing of people who do not show respect to Kim Jong-un and his family, and civilians are detained for no reason. There is no judicial system in North Korea. 6 The UDHR rights like article 19 - which says that freedom of opinion and expression, article 9 - freedom from arbitrary detention these are some of the rights of people which are violated. There is internet connection available to civilians, they only watch selected shows which have been authorized by the government.
1 in 10 citizens of the country are held under detention centers or prison camps called “kwanlis”. The people who are in prisons do not get access to food, are beaten badly and forced labour by the officials. Although North Korea has signed treaties that protect abuse against children and various rights, later the government refuses to work with the UN human rights organization. The condition of human rights is and will not be improving in the coming years also due to the government but every other country which comes under UN human rights creates awareness of the danger to the individual's life that exists in North Korea. 6Human rights watch, North Korea, https://www. hrw. org/news/2018/06/05/human-rights-north-korea (last accessed May 28, 2024)
Suggestions Media and its strong impact on civil society, various government initiatives, to protect human rights it is important to find out the mistakes or the loopholes in policy making, procedure and various schemes which will help to solve the violence to some extent. Media provides an unbiased view which helps to solve the problem of violence of human rights. First and foremost, it is the responsibility of the state or country to protect human rights, it is also important to note the role of government. The aim of the government should be to ensure effective and full implementation to protect human rights by which citizens can undertake their human rights if needed.
In every there are laws protecting human rights, the rights granted to the citizens of a country are constitutionally secured, there are UDHR articles as well as the country's laws and rights which protect the human rights. In India we have National Human Rights Protection (NHRC), it is statutory body established on 12th October 1993 aimed to protect ‘Rights Relating to Life, Liberty, Equality and dignity”. In the times of conflict7, crime or war safe havens or safe area should be there so civilians can be saved themselves from the violence, educating people giving knowledge about human rights, all sort of financial support should be provided to people by which it increases the knowledge about human rights, police officers 8and law enforcement officers should be trained to observe the functioning of human rights.
Those who violate human rights should be given punishment but also the whole public of the country should get to know what the person has done. 9 There are international war crime tribunals which are specially established to deal with the matter of human rights, various democratization methods are taken into consideration to restore social and human rights. Humanitarian aid and development assistance help the people during times of conflict, the main aim is to prevent any deaths and give necessities to the people which includes sanitation, food, medical help, shelter and water. At the end when the conflict is over the development assistance helps in rebuilding the economy of the country, infrastructure and various institutions like school and colleges. United Nations Human Rights Council resolution 22/6 of 21st March 2013 7Human rights protection, beyond intractability, https://www.
beyondintractability. org/essay/human_rights_protect%20 (last accessed on May 27, 2024) 8 GRAF A, IFF A. Respecting Human Rights in Conflict Regions: How to Avoid the ‘Conflict Spiral. ’ Business and Human Rights Journal. 2017;2(1):109-133. doi:10. 1017/bhj. 2016. 9
9 Human rights protection, borgen project,
https://borgenproject.org/top-10-facts-about-human-rights-in-syria/ (last accessed on May 27, 2024)
gave the standards and principles to help the human right defenders the aims are: not to criminalize the people who work for the protection of human rights, not to violate the women human rights defenders, child and minorities, giving access to information, ensure judicial independence, to support and maintain cooperation with the UN, to protest note with violence but peacefully, guarantees freedom of association and expression. Conclusion The intersectionality between human rights and conflict zones gives a challenge that urgent or fast Implementing methods should be adopted, the goal of humans should be to protect human rights, because there are a huge number of violators all around the world.
Looking at the violations requires a multifaceted approach that includes analyzing international legal frameworks and how they should work, effective humanitarian interventions, and the active participation of local people in peacebuilding efforts. Each and Every organization is working hard to protect human rights to safeguard human rights but still there will be violation of human rights, due to illiteracy in many of the countries, most of the population do not know what are human rights how to they function, we as citizens or as human rights defenders should stand and educated as many people we can by which it will lead to less crimes, violation or conflict. By looking at the principles of human rights, we should protect environments where peace, justice, and equality is there, ultimately contributing to a more stable and peaceful world.
“To deny people their human rights is to challenge their very humanity. ” - Nelson Mandela