People's Stories Justice

View previous stories


Report of the Secretary-General on the protection of civilians in armed conflict
by António Guterres
United Nations
 
22 May 2018
 
Report of the Secretary-General on the protection of civilians in armed conflict.
 
With more than 128 million people worldwide requiring immediate humanitarian aid, mostly due to war and violence, the United Nations Secretary-General has urged the international community to do more to protect civilians caught in conflict.
 
António Guterres made the appeal during a UN Security Council meeting, where he presented a report recommending ways governments can step up action.
 
He noted that last year, hundreds of thousands of civilians were killed or injured in countries affected by conflict: Afghanistan, the Central African Republic, the Democratic Republic of the Congo, Iraq, Syria, Somalia, and Yemen.
 
“The most effective way to protect civilians is to prevent conflicts and to end them,” Mr. Guterres told the Council. “This is why conflict prevention, resolution and peacebuilding are, and will remain, the highest priorities for the United Nations.”
 
Also briefing the Council, Yves Daccord, Director-General of the International Committee of the Red Cross (ICRC), echoed another concern expressed by the UN chief: attacks against medical facilities and personnel.
 
He said that in the two years since the Council adopted a resolution on this subject, the ICRC has recorded more than 1,200 incidents in 16 countries, with health workers killed, hospitals bombed or looted, and medical supplies destroyed or prevented from crossing front lines.
 
“The gap between words and actions is very dramatic. It is imperative that all states, not only parties to conflicts, uphold international commitments and make the protection of healthcare a national priority.”
 
António Guterres: In my previous report, I underlined that the most effective way to protect civilians is to prevent the outbreak, escalation, continuation and recurrence of armed conflict.
 
Where we cannot prevent or resolve conflict, we must strengthen the protection of civilians. In doing so, we also contribute to the foundations for future peace.
 
In my previous report, I identified three protection priorities: enhance respect for international humanitarian and human rights law and promote good practice by parties to conflict; protect the humanitarian and medical mission and accord priority to the protection of civilians in United Nations peace operations; and prevent forced displacement and pursue durable solutions for refugees and internally displaced persons. In the present report, I review progress made in relation to those priorities, with a focus on enhancing respect for international law and promoting good practice.
 
Section II contains a review of the global state of the protection of civilians in armed conflict during the period from 1 January to 31 December 2017. It reveals a state of unrelenting horror and suffering affecting millions of women, children and men across all conflicts.
 
Civilians are routinely killed or maimed, and civilian objects damaged or destroyed, in targeted or indiscriminate attacks that frequently involve the widespread use of explosive weapons.
 
Civilians are forced from their homes to meet a perilous fate, while countless others are missing. Humanitarian and medical personnel are frequently targeted and killed or prevented from responding to those in need.
 
Meanwhile, conflict-driven food insecurity and the potential for famine leave millions of lives in the balance. All this, and the decimation of entire towns and cities and the once-vibrant communities and societies that were their lifeblood, undermine the prospects for peace and stability and the restoration of hope and opportunity for the future.
 
The state of the protection of civilians is bleak, and the need for action to address it is urgent.
 
As conflict becomes increasingly urbanized, with the potential to affect tens of millions of people, ensuring the effective implementation of international humanitarian and human rights law is of paramount importance.
 
The targeting of or failure to protect civilians cannot go unchallenged. The Security Council and Member States can ill afford to abdicate their responsibilities in the face of widespread violations and allow political differences to prevent or undermine concerted action to address and prevent violations. The stakes for civilians — and for international peace and security — are simply too high.
 
Member States have an instrumental role to advance respect for international humanitarian and human rights law, to end and prevent the spillover and recurrence of armed conflict.
 
There are practical steps that can be taken by parties to conflict and Member States to respect and ensure respect for the law and enhance the protection of civilians.
 
I recommend that Member States establish clear institutional authorities and responsibilities for the protection of civilians; and that they support and facilitate expanded efforts to engage non-State armed groups to enter into action plans and develop codes of conduct, operational policy and other tools to ensure effective protection and accountability.
 
Such actions would constitute an advance towards more effective implementation of the law and protection of civilians. At the same time, I recognize the continuing need for heightened advocacy and a concerted effort to ensure accountability for serious violations. http://bit.ly/2lKnmuR


Visit the related web page
 


Rule of law, facing global assault, remains crucial for protecting the vulnerable
by International Commission of Jurists
 
International commitment to the rule of law is under assault around the world, said a global panel of eminent academics, diplomats, and jurists.
 
The panelists, speaking at a public event by the International Commission of Jurists (ICJ) and the Geneva Graduate Institute, commented that this assault is threatening to reverse the progress made over the last 70 years since the Universal Declaration of Human Rights(UDHR) came into force.
 
The panelists addressed progress in asserting the rule of law since the UDHR, for instance through the development of the International Criminal Court and greater awareness and commitment to rights, but also highlighted current challenges at the national level, such as in Venezuela, and at the global level, with ongoing discrimination and violence against women.
 
“The rule of law is a principle that helps the world and also helps individuals,” said ICJ Secretary General Saman Zia-Zarifi, in his introductory remarks.
 
“It is a principle that elevates democracy from mob rule and is necessary to harness the energy of democracy and give it a direction and progression towards the protection and promotion of human rights and sustainable development for the betterment of the lives of people around the world,” he added.
 
Professor Carlos Ayala, ICJ Vice-President and former President of the Inter-American Commission on Human Rights, spoke about the importance of having regional rights frameworks that were accessible to individuals when the rule of law has been eradicated at a national level.
 
Speaking in relation to Venezuela, Professor Ayala explained that the rule of law cannot be simply overturned by a political party, even with a majority, as the erosion of the rule of law puts all human rights at risk and these rights must be safeguarded regionally and internationally.
 
Patricia Schulz, member of the UN Committee on the Elimination of Discrimination against Women, pointed out that in many countries, the rule of law has been weak or never even properly existed.
 
She addressed failings where access to justice is undermined by systems that are gender discriminatory and explained that in almost all countries, even where the rule of law seems strong, there is a lack of will and/or means to fight gender-based violence.
 
Professor Andrew Clapham, Professor of Public International Law at the Graduate Institute and member of the UN Commission on Human Rights in South Sudan, evaluated issues of accountability and the rule of law in the context of international criminal law.
 
He noted the important role international criminal law and its operational mechanisms have in holding individuals to account, but warned that focusing on prosecution and focusing on issues such as genocide and the use of chemical weapons ran the risk of undermining the universality of ideas enshrined in the UDHR.
 
Luis Gallegos, the Permanent Representative of Ecuador to the United Nations, raised concerns about the politicization of human rights and the capacity of UN mechanisms to address transnational rights issues such as migration.
 
He said that addressing the rule of law was not a simple question but that states had to come together to consistently and systematically address the rights violations that arose from a break-down in the rule of law.
 
Sanji Monageng, ICJ Commissioner and Justice of the International Criminal Court, spoke about the need for international organizations to rethink their approach to the rule of law and the way they apply this to cases, to avoid focusing narrowly on singular issues when rights violations need to be addressed homogenously.
 
Justice Monageng explained that for victims, sexual violence, for instance, is rarely a singular incident but part of broader array of rights violations that have far-reaching impacts.
 
In his remarks, Professor Robert Goldman said that “the rule of law deals with a central tenet of any just society, not only equal protection and equal access but it is something that protects the vulnerable.”
 
He explained that the threat to the rule of law today is endemic and it is global, but the ICJ is uniquely placed to robustly address these difficult questions and to continue to use the rule of law to defend and advance rights protections.
 
The event was attended by academics, diplomats, lawyers and representatives of civil society and international rights mechanisms. You can watch the full event via the link below.


Visit the related web page
 

View more stories

Submit a Story Search by keyword and country Guestbook