Human Rights violations in armed conflict.pptx

Looking at some of the fundamental human rights that are violated in times of conflict, with an emphasis on children's rights.

1. Human Rights violations in armed conflict Prof. Rana Lehr-Lehnardt University of Missouri—Kansas City School of Law

2. What are human rights?

3. Examples of HR Right to life Right to nationality Right to protection against torture Right to protection against discrimination based on sex, age, race Legal rights to a fair trial Right to education? Right to health care? Right to a job? Animal rights? Environmental rights? -- for the benefit of humans or for the benefit of the enviro?

4. Why the difference btw the maps? Notice that the scores differ somewhat on the 2 maps. It is not just because one is a few years newer than the other. The Orange/yellow one from 2017 combined all rights, Civil/Political and Economic/Social The blue one lists the Human Rights considered, and they are almost exclusively civil and political rights.

5. https://ourworldindata.org/human-rights Click around for images/data on human rights stats worldwide

6. Where are HR found?

7. International agreements Universal Declaration of Human Rights (1948) ICCPR IC on Economic, Social, Cultural Rights Declaration on the Rights of Indigenous Peoples (UN, 2007) Conv Against Torture Regional HR agreements European Convention on HR African (Banjul) Charter Conv. on the Rights of the Child 1923, Cairo Declaration of Human Rights in Islam (OIC,1990) Cedaw , CERD

8. 3 Areas of law to provide protection to victims of war Human Rights individual responsibility International Criminal Court Humanitarian Law Was called law of war Lists limits, what military cannot do Protects civilians + Refugee Law For those fleeing a conflict +

9. Human rights vs. Humanitarian law The level of protection afforded by human rights law is the highest in ‘normal’ situations, i.e., in times of peace, and may diminish during times of armed conflict (internal or international). Derogation allowed for some HR Freedom of speech Freedom of movement No derogation allowed for fundamental HR No arbitrary arrest/detention Freedom of religion/thought/belief Nondiscrimination before the law International humanitarian law is only applicable when there is an armed conflict. Geneva Conventions of 1949 and its additional protocols – created in response to the atrocities and inhumanity of World War II. Adopted by all countries and govern how a war is fought to limit civilian suffering as much as possible. Can’t target civilians, schools, hospitals, take hostages, recruit child soldiers, etc.

10. No derogation in humanitarian law International humanitarian law is specifically designed to regulate the contact of parties to an armed conflict. Its provisions already take into account the principles of humanity, military necessity and proportionality and therefore do not allow for derogation.

11. Common Article 3, Geneva Conventions In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum , the following provisions: 1. Persons taking no active part in the hostilities , including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely ... the following acts are and shall remain prohibited at any time and in any place whatsoever …: a. Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; b. Taking of hostages; c. Outrages upon personal dignity, in particular humiliating and degrading treatment; d. The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

12. Article 75 of Protocol 1, based on ICCPR The following acts are and shall remain prohibited at any time and in any place whatsoever , whether committed by civilian or military agents: (a) Violence to the life, health or physical or mental well-being of persons, in particular: murder, torture of all kinds, whether physical or mental, corporal punishment, mutilation; (b) Outrages upon personal dignity , in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault ; (c) The taking of hostages ; (d) Collective punishments ; (e) Threats to commit any of the foregoing acts.

13. 6 Grave HR violations against children Killing and maiming of children Recruitment or use of children as soldiers Sexual violence against children Abduction of children Attacks against schools or hospitals Denial of humanitarian access for children

14. Killing and maiming of children can be a result of direct targeting or indirect actions. Killing and maiming can occur through crossfire, landmines, cluster munitions, improvised or other indiscriminate explosive devices or even in the context of military operations, house demolitions, search-and-arrest campaigns, or suicide attacks. The use of explosive weapons – particularly in populated areas – continues to have a devastating impact on children. In 2020 alone, explosive weapons and explosive remnants of war were responsible for at least 47 per cent of all child casualties. Between 2005 and 2020, more than 104,100 children were verified as killed or maimed in situations of armed conflict, with more than two-thirds of these verified since 2014. Info from Unicef Killing and Maiming Children

15. Palestinian Children in Gaza Since October 7, 2024, Israeli attacks have killed at least 11,500 children in Gaza, according to Palestinian officials. That is one Palestinian child killed every 15 minutes, or about one out of every 100 children in the Gaza Strip.

16. Yemen civil/proxy war Dec. 2022--11,000 children killed or maimed since fighting started in March 2015 UN Children’s Fund (UNICEF) reported That’s the equivalent of four children every day, About 2.2 million Yemeni children are acutely malnourished, one quarter of them aged under five, and most are at extreme risk from cholera, measles and other vaccine-preventable diseases, UNICEF said. Read more at: https://economictimes.indiatimes.com/news/international/world-news/yemen-war-has-killed-or-maimed-over-11000-children-un/articleshow/96159909.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

17. Starvation 400,000 Yemeni children continue to suffer from acute malnutrition Int’l Orgs are sending food, but it is being sold, not given. “Children in Yemen are not starving because of a lack of food. They are starving because their families cannot afford food” because of loss of jobs and unpaid wages. “They are starving because adults continue to wage a war in which children are the biggest losers”, he stated.

18. Sudan: severe food and malnutrition crisis 24.8 million people—almost half of the population—are facing a severe food and malnutrition crisis.  Even before the start of the conflict, some 3 million children under 5 suffered from acute malnutrition. But the situation has worsened with tens of thousands of families on the move now finding themselves at risk of not having enough food or good nutrition. 

19. Access to safe water 15 million Yemeni, more than half of whom are children, do not have access to safe water, sanitation, or hygiene 15.5 million Syrians lack adequate access to clean water. Northeastern Syria is the area most affected by the water crisis: 27% of households spend as much as one-fifth of their income on water from tankers

20. Lack of clean water = catastrophe According to UNICEF, at least half of the water and sanitation facilities in Gaza have been destroyed or damaged, while UNWRA reports that around 70 per cent of people in Gaza are drinking salinised or contaminated water.

21. “More than six years ago, adults started a war in Yemen. They did so despite knowing the terrible toll that violent conflict exacts on children.” UNICEF executive director Henrietta Fore told a UN Security Council meeting.

22. Psychological trauma The ongoing conflict in the Gaza Strip is exposing children to physical danger along with devastating emotional and psychological harm, UNICEF Executive Director Catherine Russell warned the United Nations Security Council in a briefing on Oct 30. "Children in both Israel and the State of Palestine are experiencing terrible trauma — the consequences of which could last a lifetime.”

23. Targeting hospitals = civilian deaths “Syrian and Russian forces have been deliberately attacking health facilities in flagrant violation of international humanitarian law. But what is truly egregious is that wiping out hospitals appears to have become part of their military strategy,” said Tirana Hassan, Crisis Response Director at Amnesty International. Russia is using the same tactic in Ukraine On March 9, the Russian assault on a Mariupol maternity hospital in Ukraine sparked international condemnation. The Russian foreign minister confirmed that the attack was intentional Israel targeted a hospital in Gaza claiming it was housing Hamas fighters—doctors denied this

24. Missing vaccinations UN agency said one child was dying every 10 minutes in Yemen of preventable causes, including malnutrition and vaccine-preventable diseases. Afghanistan is one of just three countries, along with Pakistan and Nigeria, where polio is still endemic. The Taliban has chased vaccinators out of some areas, claiming spying.

25. Sexual violence against children Its most recent report on Children and Armed Conflict included 749 confirmed cases of sexual violence against children in 2019 alone. Of these, 98 percent were committed against girls. Janti Soeripto , President and CEO of Save the Children, said, “Sexual violence is underreported at the best of times, but even more in conflicts areas—especially among children.”

26. Sexual violence is often used as a weapon of war to terrorize & intimidate The countries where children face the greatest risk of sexual violence in conflict are Colombia, Iraq, Somalia, South Sudan, Syria, and Yemen.* This includes the risk of rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, forced abortion, sexual mutilation, sexual abuse, and sexual torture at the hands of armed groups, government forces, and law enforcement. The trauma it inflicts can have long-lasting physical, psychological, social, and economic effects. The brutality of the physical act itself can be especially damaging for children whose bodies aren’t fully developed. Girls might suffer uterine prolapses, fistula, and other injuries to their reproductive system, and face complications and death due to early pregnancy and unsafe abortions. Both girls and boys risk urinary and anal damage, and exposure to sexually transmitted diseases that, left untreated, can cause long-term harm and even death.

27. Haiti: gangs use sexual violence A group of UN Special Procedures reported that armed gangs are using systematic sexual violence, including collective rape and mutilation, as a means of exerting territorial control and to terrorize and inflict pain on communities under the control of rival gangs. (Nov. 30, 2023)

28. “Women and girls are faced with an inhuman social reality. In marginalized neighborhoods, they are exposed to physical and psychological violence; beatings, intimidation, gang rape and murder are just some of the methods gangs use to establish their domination, and force women and girls into total submission. -- Nathalie Eleonor Vilgrain , General Coordinator for MARIJÀN, IRC partner organization in Port-au-Prince

29. Haiti – increasing human rights violations Political instability, gang violence, rising food insecurity, disease outbreaks, and climate shocks have led to 5.2 million people – in need of humanitarian aid 5,400 victims of gang violence, including almost 3,000 murders and over 1,000 kidnappings reported by UNFPA between January and late September 2023 Just in the Port-au-Prince region Now, organized gangs attempting to extend their areas of influence beyond Port-au-Price, which means the spread of violence, terror, human rights abuses that the government can’t or won’t address. -- International Resuce Committee at https://www.rescue.org/press-release/haitian-women-and-girls-bear-brunt-escalating-violence-warns-irc-during-16-days

30. Abduction of children Dozens of children, mostly girls, abducted by Mozambique fighters Report by Save the Children says 51 minors taken by armed groups in conflict-hit Cabo Delgado in 2020, a figure likely an underestimate.

31. Recruitment of child soldiers The International Criminal Court defined the use of ‘child soldier’ (children below the age of 15) as a war crime. Non-state actors and guerrilla forces such as the Donetsk Republic organization are expressly forbidden from recruiting anyone under the age of 18 for any purpose. Yemen: nearly 4,000 boys have been recruited into fighting since war began

32. Attack on education The Global Coalition to Protect Education from Attack (GCPEA) compiled over 11,000 reports of attacks on education between 2015 and 2019, including attacks on school buildings and over 22,000 teachers and students killed, recruited, raped, or deprived of education in wars.

33. Targeting Schools Loss of Education more than two million Yemeni children are out of school and another four million are at the risk of dropping out

34. Sudan: lack of access to education With an estimated 19 million children out of school for months because of war, Sudan is on the verge of becoming “the worst education crisis in the world,” U.N. officials say. Troops take over schools Exposing them to immediate and long-term dangers including displacement, recruitment by armed groups and sexual violence. IRC and NYTimes Photo caption: Refugees who fled the war in Sudan attended an English class at a refugee resettlement camp in Aweil, in South Sudan. Credit...Joao Silva/The New York Times

35. Ukraine: 900 educational institutions damaged or destroyed NY Times: Across Ukraine, kindergartens have been bombed, elementary schools have been converted into shelters and in some cities like Mariupol, their grounds have even become makeshift graveyards. As the war tears at the social institutions of the country, education has been one of the major casualties. Parents, teachers and school administrators are scrambling to provide classes for the 5.5 million school-age children who remain in the country, as well as for thousands of others who have fled to other countries.

36. Gaza – lasting effects of missing education Since early October, 625,000 children enrolled in schools across Gaza have had no access to education. At least 221 schools have sustained damage from aerial attacks — over 40 percent of all schools in Gaza.

37. Right to Movement: War in Sudan Sudan is now the country with the largest number of displaced people and the largest child displacement crisis in the world. Starting in April 2023, people in Sudan have been enduring almost eight months of war.  The situation has also led to the displacement of approximately 6.1 million people within the country, making it the biggest internal displacement crisis in the world. The most affected are children, accounting for half of the displaced population and facing severe impacts on their health and education.

38. Internally displaced Palestinians An estimated 1.4 million internally displaced people — more than half the total population — are staying in shelters, hospitals and public buildings or with host families. With borders closed to all but a handful and movement limited, there is nowhere safe for them to go. Overcrowding in shelters and a lack of food, water and privacy are causing serious health and protection concerns, particularly for women and children. UNICEF

39. Denial of Humanitarian Access Allegations that Turkey has prevented humanitarian aid from reaching Nagorno-Karabakh is another example of a trend in global conflicts to bring civilians to their knees. Belligerent actors have engaged in similar acts of obstructionism in Syria, Venezuela, and Yemen to dire humanitarian effect. The abject politicization of aid delivery flouts the purported “right to humanitarian assistance.”

40. Denial of aid into Gaza Since the escalation of the conflict on Oct. 7, the number of humanitarian aid trucks allowed into the Gaza Strip has been severely restricted; as of Oct. 31, only 217 trucks had been cleared for entry. UN officials say at least 100 trucks a day would be required to cover urgent needs.

41. Conflict: homicides (not part of armed conflict) Today, crime kills far more people than armed conflicts. In 2017, almost half a million people across the world were killed in homicides, far surpassing the 89,000 killed in active armed conflicts and the 19,000 killed in terrorist attacks.

42. Gang Violence as Armed Conflict Authored By: Anna Applebaum and Briana Mawby - Georgetown Institute for Women, Peace and Security Gang violence is most often considered a criminal rather than a conflict issue, which limits the international community’s willingness to mitigate the conflict or provide humanitarian aid. However, the disruption of daily life caused by widespread gang violence is increasingly similar to experiences of war, including limited freedom of movement and high numbers of civilian casualties. High levels of violence lead to significant migration flows and displacement, as has been seen in individuals fleeing from Syria to Europe and from Central America’s Northern Triangle (Guatemala, Honduras, and El Salvador) to the United States.

43. Domestic violence? International law most often classifies gang violence as a domestic criminal issue, which limits the international community’s willingness to mitigate the conflict or provide humanitarian aid. In countries such as El Salvador, however, gangs are increasingly pitted against state forces in a political struggle to gain control over territory and population.

44. Humanitarian organizations addressing human rights in conflict areas Humanitarian organizations focus on get civilians food, water, and shelter, and help those at risk to be protected International Rescue Committee (IRC) responds to the world’s worst humanitarian crises, helps to restore health, safety, education, economic wellbeing, and power to people devastated by conflict and disaster. Founded in 1933 at the call of Albert Einstein, the IRC works in more than 50 countries and in 28 U.S. cities helping people to survive, reclaim control of their future, and strengthen their communities. Learn more at  www.rescue.org .

45. Human rights organizations addressing human rights in conflict areas Human Rights organizations focus on ensuring the parties in the conflict abide by the humanitarian law (law of war) and human rights treaties and making the violations known to the world. Human Rights Watch (HRW) investigates international armed conflicts and civil wars, reports on violations of human rights and the laws of war, and works to protect civilians caught in the crossfire at https://www.hrw.org/news/2023/12/22/human-rights-watchs-role-conflict-and-crisis HRW researchers document the conduct of the parties to the conflict and any laws they have violated during the fighting. We analyze this evidence and bring it to the warring parties, using our findings to lean on them – or convince governments around the world to lean on them – to change their conduct and protect civilians caught in the middle, as is their legal duty. We also campaign for justice and accountability before national courts and global courts, like the International Criminal Court, when violations amount to war crimes, crimes against humanity, or genocide.

46. UN Office of the High Commissioner for Human Rights A key thematic pillar of OHCHR’s Management Plan is to work to prevent human rights violations in situations of conflict and insecurity. UN Human Rights works in the field to monitor how human rights principles and international humanitarian law obligations are being respected. We investigate complaints about alleged human rights violations and work with experts in the treaty bodies and special procedures to identify and prevent these violations in the future. We also support United Nations fact-finding missions to assist States in addressing violations of international human rights and humanitarian law. Much work is done in other sections to investigate ways to ensure the human rights of those in conflict situations are protected At https://www.ohchr.org/en/protecting-human-rights-conflict-situations

47. International Human Rights Documents Universal Declaration of Human Rights International Convention on Civil and Political Rights International Convention on Economic, Cultural, and Social Rights UN Refugee Convention Genocide Convention Convention Against Torture Rome Statute of the International Criminal Court