ARE HUMAN RIGHTS IN CONFLICT ZONE WORKING?

INTRODUCTION

In recent decades, armed conflicts have disrupted the lives of millions of civilians. The warfare has also violated many international humanitarian and human rights of the civilians. The violation of these human rights is pervasive during any armed conflict, sometimes these violations lead to genocides, war crimes and crimes against humanity. In an armed conflict, the most vulnerable population is women and children. International Human Law strives to provide safeguards to civilians, it is a very tough task to complete. This blog delves into the legal frameworks present and the challenges of ensuring the safety of human life during an armed conflict.

LEGAL FRAMEWORK

Human life is protected by the legal framework, which was framed to protect innocent lives during any armed conflicts. Before we go for the legal framework, it's important to understand what human rights are. Article 1 of the Universal Declaration of Human Rights (UDHR) says that “All human beings are born free and equal in dignity and rights”. Human rights such as the right to life are by birth and cannot be taken away from humans. Individuals and groups cannot voluntarily give up their human rights, and it cannot be taken away.  The Hague Regulation clearly states the respect of laws and customs of war on land. The Geneva Conventions are a set of international treaties which laid down the minimum standards for treating civilians, prisoners of war and injured soldiers during war. The human rights of women are very well protected by the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which was adopted in 1979. This convention aimed to eliminate any kind of discrimination against women and achieve the goal of gender equality. The rights of children are protected under the Convention on the Rights of the Child (CRC), which provides a comprehensive framework of children’s rights. The convention protects children from any kind of abuse, sexual exploitation, trafficking, abduction and other forms of maltreatment at all times.

INTERNATIONAL ORGANIZATION PROTECTING HUMAN RIGHTS

Certain organizations in the world are there to protect human rights. These organizations are responsible for protecting human rights and also play a key role in protecting innocent lives in an armed conflict. Organizations like the United Nations Human Rights Council (UNHRC), an organization established in 2006, promote and protect human rights all around the world. The UNHRC focuses on human rights violations, responds to human rights emergencies and makes recommendations on how human rights can be improved. Human Rights Watch is an international organization that investigates and reports on abuses of human rights all around the world. Amnesty International is a movement which consists of millions of people all around the world, people here are independent of any ideology, religion or economic interest. The organization, with the help of experts, does fact-based and accurate research on human rights violations all around the world. Civil Rights Defenders, the organization established in 1982 in Sweden, is an independent organization which concentrates on improving people's access to justice and freedom through increased respect for their civil and political rights. UN Watch is a non-governmental organization based in Switzerland. It was established to promote and protect universal human rights as mentioned in the Universal Declaration of Human Rights. There are many organizations present in the world that are working for human rights.

CERTAIN LANDMARK JUDGEMENTS FOR HUMAN RIGHTS

There have been certain landmark judgements which are given and serve as precedents and tell us how human rights are being violated. Opuz v. Turkey (2009) is the first judgment concerning domestic violence, which held the Turkish Judicial system as unresponsive towards the brutality inflicted on the applicant and her mother, which was linked to their gender, thus it was a form of discrimination against women. The European Court of Human Rights found a violation of Articles 2 (Right To Life), 3 (Prohibition Of Torture & Ill-Treatment) And 14 (Prohibition Of Discrimination). Selmouni v. France (1999), a judgement passed by the Versailles Court of Appeal, it was held that the France police was guilty of physical and mental violence, thereby Articles 3 (Prohibition Of Torture) And 6 (Right To Be Tried Within A Reasonable Time). This case serves as an important precedent against brutality. In Assanidzé v. Georgia (2004), the European Court of Human Rights found that the applicant had undergone arbitrary detention contrary to Articles 5 (right to life and liberty) and 6 (right to fair Trial). The court declared that the applicant was kept illegally in detention after his acquittal by the Supreme Court of Georgia. This case serves as an important precedent for the right to life and liberty and also for a fair trial. These cases have been used as precedents in many cases and are important precedents for the protection of human rights.

CHALLENGES FACED

Implementation of human rights might look like an easy job, but in reality, it’s a very tough job, the implementation faces tough challenges in conflict zones. There are various challenges like Impunity, which means that sometimes the government. It does not work towards the implementation of human rights and does everything to prevent the implementation of human rights. Democracy Problems, not every country around the world is democratic, and most non-democratic countries do not protect human rights in their country. Whenever any human rights organization gives them advice to focus on human rights conditions in their country, the advice of the organizations is ignored. Violence, people and activists who work towards protecting human rights are often victims of violence, people who tend to defend human rights and voice against injustice in society, those people are often victims of violence. Poverty, some of us might wonder why poverty is one of the challenges. It is a challenge because a lot of people often give up their human rights and migrate to extremist countries in search of jobs, and in that, they lose their human rights. People who live in extreme poverty do not have the resources to fight against injustice, and hence most of them, being illiterate, are not even aware of their human rights. Weak institutions, many organizations are present all around the world, but not all institutions work towards welfare; some are present just physically, but in reality, they do not practice any work. In the present world, it is very important to have organizations that are transparent and work towards people.

THE WAY FORWARD          

Human rights are very important, it doesn’t matter whether it’s a conflict area or a peaceful area, what matters is how people living in these areas are safe and in reality are practising their human rights. There are many problems that these organizations face daily, but these organizations can work together in conflict areas and work towards the welfare of the people rather than pursuing self-interests. The human rights organization needs to prosecute the people or authorities responsible for the human rights violation. Ultimately, the protection of human rights in the conflict zones can only be done with global efforts. We need to prioritize human rights in the world, and this can only be done if we raise our voice against injustice and violence towards the innocent lives living around us, rather than turning a blind eye towards this.

Author: Vikrant Gupta