response to a comment of post – GradSchoolPapers.com

response to a comment of post
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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 engaging with parties to the conflict and insist on official
structures such as ICC etc…
My original post:
6 days ago Marc Perron
RE: Assessed E-tivity: How can human rights be better protected during conflict and in its immediate aftermath?
Conflict refers to a state of disagreement. With regard to armed conflict, there are two main types i.e. international conflict and non-international armed conflict. International conflict refers
to war in which two or more countries are involved. Non-international conflict on the other hand refers to conflict between a government and armed insurgents or between rebel groups (Sriram, et
al., 2014).
During conflict, the protection of human rights is more often than not compromised. Over the years, instruments have been formulated which are aimed at alleviating or reducing the abuse of human
rights during war. These instruments can be placed into three broad categories; humanitarian law, refugee law and human rights law. Humanitarian law serves to limit the actions of the parties in
conflict, international humanitarian law protects rights of people 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 instrument to provide for the protection of human rights at times of war. The motivating factor was the atrocities that had been
experienced during the Second World War (Liivoja & McCormack, 2016). To date the UDHR is still recognized and reflected in the domestic laws of many countries. There are numerous human rights
instruments in place today which include The International Covenant on Economic, Social and Cultural Rights (ICESCR), The International Covenant on Civil and Political Rights (ICCPR), The
Convention against Torture and other Cruel, Inhuman or Degrading Treatment among others.
Apart from the various instruments providing for the human rights protection during times of conflict, there are organizations which aid in the protection of human rights especially during times of
conflict. These give direct assistance to the victims during and after war. The International Committee of the Red Cross is an example of such organizations. It is a well-known guardian of
international humanitarian law. Apart from monitoring 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 during times of disaster. Its efficiency in giving 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 finance them so as to ensure their sustainability. Another way to guarantee protection of the various human rights during conflict is by
cooperation with institutions such as the International Criminal 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 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, clothing and emergency medical services. Although there are numerous instruments that make available the protection of human rights, the best approach is to strengthen organizations which
seek to provide direct assistance during time of conflict. Additionally, governments should seek to ensure that the laws of war are always adhered to. This will reduce the incidence of the abuse of
human rights. Cooperation with institutions such as the International Criminal Court which seek to prosecute and punish the violators will also go a long way in ensuring protection of human rights.
Respond to this reply quote below starting with Dear Colin thank you for your reply……
Reply Quote
1 hour ago Colin J. Porter
RE: Assessed E-tivity: How can human rights be better protected during conflict and in its immediate aftermath?
To define conflict as a disagreement understates the 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 Sierra Leone).
Marc has set out the instruments which govern human rights during international and intra state conflicts and the post conflict environment. However, considering that it is 60 years since the
Universal Declaration of Human Rights it seems that the situation has worsened. At the “Growing up in Conflict Symposium ” in the Hague 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 WW 2 would “Never happen
Again”. However, events in Bosnia and recently in Syria demonstrate that a lack of world leadership has allowed the atrocities to continue.
The creation of the International Criminal Court has had an impact, both positive and negative. The prosecution of Karadicz regarding Bosnia, Charles Taylor, regarding 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 the process of withdrawing 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 detainees 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 inclusive, sustainable 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 an integrated and co-ordinated way to create societies that can engage in political decisions and hold their governments to account

 

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