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please respond to a reply by a colleague on a post that you wrote for me. i particularly want to highlight the potential risk of engagin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing with parties to the conflict and in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">insist on official
structures such as ICC etc...
My origin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inal post:
6 days ago Marc Perron
RE: Assessed E-tivity: How can human rights be better protected durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing conflict and in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in its immediate aftermath?
Conflict refers to a state of disagreement. With regard to armed conflict, there are two main" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in types i.e. in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">international conflict and non-in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">international armed conflict. International conflict refers
to war in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in which two or more countries are in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">involved. Non-in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">international conflict on the other hand refers to conflict between a government and armed in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">insurgents or between rebel groups (Sriram, et
al., 2014).
Durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing conflict, the protection of human rights is more often than not compromised. Over the years, in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">instruments have been formulated which are aimed at alleviatin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing or reducin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing the abuse of human
rights durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing war. These in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">instruments can be placed in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">into three broad categories; humanitarian law, refugee law and human rights law. Humanitarian law serves to limit the actions of the parties in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in
conflict, in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">international humanitarian law protects rights of people in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in specified conflict related acts while refugee law protects the rights of the refugees who are victims of conflict or other
disasters.
The Universal Declaration of Human Rights (UDHR) was the first in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">instrument to provide for the protection of human rights at times of war. The motivatin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing factor was the atrocities that had been
experienced durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing the Second World War (Liivoja & McCormack, 2016). To date the UDHR is still recognized and reflected in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the domestic laws of many countries. There are numerous human rights
in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">instruments in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in place today which in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">include The International Covenant on Economic, Social and Cultural Rights (ICESCR), The International Covenant on Civil and Political Rights (ICCPR), The
Convention again" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inst Torture and other Cruel, Inhuman or Degradin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing Treatment among others.
Apart from the various in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">instruments providin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing for the human rights protection durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing times of conflict, there are organizations which aid in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the protection of human rights especially durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing times of
conflict. These give direct assistance to the victims durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing and after war. The International Committee of the Red Cross is an example of such organizations. It is a well-known guardian of
in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">international humanitarian law. Apart from monitorin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing the violations of human rights, the Red Cross Society provides humanitarian services both to the victims and participants of conflict. The
organization is known for its promptness durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing times of disaster. Its efficiency in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in givin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing aid cannot be compared to the governments of various states.
The best way to ensure the protection of human rights is through the promotion of organizations which give direct services (Ramcharan, 2006). Although such organizations as the Red Cross run on
donor funds, the governments of various states should fin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inance them so as to ensure their sustain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inability. Another way to guarantee protection of the various human rights durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing conflict is by
cooperation with in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">institutions such as the International Crimin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inal Court whose function is to prosecute the violators. Although this is a post-war measure, it serves to ensure that the violators are
punished and that such actions are deterred in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in future.
In conclusion, conflict is accompanied by the abuse of human rights. The situation can at times be as aggravated as to compromise on the accessibility of basic human rights such as food, water, and
shelter, clothin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing and emergency medical services. Although there are numerous in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">instruments that make available the protection of human rights, the best approach is to strengthen organizations which
seek to provide direct assistance durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing time of conflict. Additionally, governments should seek to ensure that the laws of war are always adhered to. This will reduce the in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">incidence of the abuse of
human rights. Cooperation with in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">institutions such as the International Crimin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inal Court which seek to prosecute and punish the violators will also go a long way in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in ensurin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing protection of human rights.
Respond to this reply quote below startin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing with Dear Colin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in thank you for your reply......
Reply Quote
1 hour ago Colin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in J. Porter
RE: Assessed E-tivity: How can human rights be better protected durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing conflict and in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in its immediate aftermath?
To defin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ine conflict as a disagreement understates the in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">incompatability of the goals of the disparate factions, which leads to armed conflict and the frequent violations of human rights. Examples of
goals may be a desire for political autonomy (Sri Lanka), hatred of an ethnic group (Bosnia) or greed for natural resources (diamonds in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in Sierra Leone).
Marc has set out the in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">instruments which govern human rights durin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">international and in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">intra state conflicts and the post conflict environment. However, considerin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing that it is 60 years sin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ince the
Universal Declaration of Human Rights it seems that the situation has worsened. At the "Growin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing up in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in Conflict Symposium " in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the Hague in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in 2015 it was stated that the world faces a decade of
massive conflict ahead.
There is a disjuncture between rhetoric and implementation, specifically enforcement. The UDHR was was ratified largely on the basis that the atrocities committed in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in WW 2 would "Never happen
Again" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in". However, events in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in Bosnia and recently in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in Syria demonstrate that a lack of world leadership has allowed the atrocities to contin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inue.
The creation of the International Crimin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inal Court has had an impact, both positive and negative. The prosecution of Karadicz regardin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing Bosnia, Charles Taylor, regardin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing Liberia and Sierra Leone, etc
has demonstrated that it is possible to destroy the culture of impunity. However, a number of countries have or are in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the process of withdrawin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing from the Rome Statute that created the ICC, which
sends a wrong message. And it is improbable that the UN Security Council will refer Syria to the ICC while Russia holds a veto. Or the USA for abuses of detain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inees in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in Guantanamo.
The way forward is to engage with leaders of conflict groups to ensure that they understand that they will be prosecuted for violations of human rights. Only when the consequences of their action
leads to arrest, prosecution and punishment will they be deterred.
Second, a long term strategy is required to create an in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inclusive, sustain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inable peace that has a process to address disagreement. This will require the synergy of all actors (Governments, the UN, ICRC
and NGOs) and enlightened leadership to work in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in an in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">integrated and co-ordin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inated way to create societies that can engage in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in political decisions and hold their governments to account