Search

Begin New Search Topic Human Rights Publication Year within 25 Years

1. Civil War between the Ethiopian Government and the Tigray People’s Liberation Front: A Challenge to Implement the Responsibility to Protect Doctrine

Author:
Israel Nyaburi Nyadera and Census Osedo
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
How does the 2020–2022 civil war in Ethiopia contribute to our understanding of the Responsibility to Protect (R2P) doctrine? This study seeks to revisit the debate over the effectiveness of the R2P doctrine in the wake of increased intrastate conflicts. The objective is to assess the dilemma that arises with the implementation of R2P when governments are involved in the conflict and the international community is reluctant or unable to intervene. The study adopts the systematic review approach (PRISMA) to identify the shortcomings, trends, and debates around R2P. It uses the Ethiopian civil war to contribute further to the existing body of literature. The paper finds that, indeed, the R2P doctrine is facing serious challenges with its implementation. It shows that when governments fail to acknowledge the other actors as legitimate combatants and instead describe them as terrorist groups, it becomes difficult to uphold the R2P doctrine. The paper also identifies a lack of leadership and coordinated efforts at regional and international levels as contributing factors, which further undermine the effectiveness of R2P. The paper concludes that the Ethiopian civil war exposes serious shortcomings in the R2P doctrine that need to be reviewed and reformed urgently. It proposes the adoption of a systems-thinking approach that can streamline the actors and processes of response during civil wars.
Topic:
Civil War, Human Rights, Conflict, and Responsibility to Protect (R2P)
Political Geography:
Africa, Ethiopia, and Tigray

2. Two Years Of Repression: Mapping Taliban Violence Targeting Civilians in Afghanistan

Author:
Asena Karacalti and Elliott Bynum
Publication Date:
08-2023
Content Type:
Special Report
Institution:
Armed Conflict Location & Event Data Project (ACLED)
Abstract:
On 17 August 2021, two days after the fall of Kabul, the Taliban held a press conference promising amnesty for former government officials, respect for women’s rights, and freedom of the press.1 Nearly two years later, it is clear that the Taliban has upheld none of these promises, instead conducting a violent campaign of repression. Since the takeover, the Taliban has targeted former government and security officials, carried out collective punishments in areas where anti-Taliban groups have emerged, and imposed ultraconservative societal restrictions – especially on women and journalists – aimed at maintaining control. ACLED records over 1,000 incidents of violence targeting civilians by the Taliban between the fall of Kabul on 15 August 2021 and 30 June 2023, accounting for 62% of all attacks on civilians in the country. This places the Taliban regime in Afghanistan2 among the world’s top government or de facto state perpetrators of violence targeting civilians domestically since August 2021, behind only the military junta in Myanmar. As Taliban rule reaches the two-year mark, this report examines patterns of violence targeting civilians under the regime, with particular attention to the top four most targeted groups: former government and security officials, prisoners, women, and journalists. Taken together, the Taliban’s retaliatory attacks, use of collective punishment, and broad crackdown on women and the press reveal the scale and severity of repression ongoing in Afghanistan. In particular, this report analyzes the continued targeting of former government and security officials, as well as violence against civilians in the country’s northeast, where armed anti-Taliban groups have been active. Both former officials and resistance forces are subject to violence when detained by the Taliban, accounting for a large number of incidents of prisoner abuse recorded by ACLED. Moreover, this report highlights persistent violence against women who oppose a return to the “gender apartheid” of past Taliban rule.3 Women have responded to increased restrictions on their daily lives by holding protests against Taliban policies, with demonstrations featuring women4 nearly doubling in 2022 compared to 2021. Finally, the report concludes with an accounting of attacks on journalists, who remain among the most targeted groups in the Taliban’s Afghanistan – creating further challenges for documenting violence in the country under the new regime.
Topic:
Human Rights, Taliban, Women, Violence, Journalism, Civilians, and Collective Punishment
Political Geography:
Afghanistan and South Asia

3. Holding the Islamic Republic of Iran accountable for atrocity crimes

Author:
Celeste Kmiotek, Alana Mitias, and Nushin Sarkarati
Publication Date:
04-2023
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
With little to no prospect for accountability within Iran’s domestic courts, victims and survivors of serious violations of international law are turning toward an increasing number of foreign jurisdictions—most commonly in Europe and North America, but also in Latin America, Africa, and other regions—to pursue justice for human rights violations carried out by the Islamic Republic of Iran. Under the principle of universal jurisdiction, certain domestic justice systems allow prosecutions in national courts for crimes committed abroad, regardless of the victim’s or perpetrator’s nationality. Universal jurisdiction stems from the concept that certain crimes are of such gravity that they harm the international community as a whole, so national courts outside the country where the violations took place may prosecute them to protect the international order. Although the crimes subject to universal jurisdiction provisions differ by state, they generally include crimes against humanity, torture, war crimes, and genocide. Limitations on universal jurisdiction also vary between states, however, as do the processes for filing complaints and procedures for investigations, trials, and appeals. As was shown by the trial and conviction of Hamid Noury in Sweden for his involvement in the massacre of Iranian political prisoners in 1988, national prosecutions of international crimes can be a fruitful avenue to justice for victims of the Islamic Republic. To this end, the Atlantic Council’s Strategic Litigation Project has compiled a guide to aid practitioners and independent investigators in navigating the legal systems of European states with the highest likelihood of prosecuting Iranian human rights violators. Focusing on five states—France, Germany, the Netherlands, Sweden, and Switzerland—this manual outlines the crimes and violations subject to universal jurisdiction, best practices for investigating and documenting crimes, and processes for requesting investigations and participating in prosecutions as a victim, witness, or NGO. For information that is beyond the scope of this manual, the annex includes printed resources to consult and organizations to contact for additional assistance.
Topic:
Diplomacy, Human Rights, Politics, Rule of Law, Accountability, Norms, Atrocities, Resilience, and Society
Political Geography:
Iran and Middle East

4. Climate Protection Litigation on the Rise

Author:
Szymon Zaręba
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
The Polish Institute of International Affairs
Abstract:
In the last several years, national courts and international institutions have increasingly begun to treat conservative or climate-adverse actions by states as violations of their obligations under international law and human rights. This has been followed by some countries more affected by climate change and engaged in international bodies to put more pressure on Global North states to protect the climate. The sympathetic attitude of international courts towards such complaints may, in the long term, force the need for increased climate ambition or even compensation payments by, among others, Poland.
Topic:
Climate Change, Human Rights, International Law, Courts, and Litigation
Political Geography:
Europe, Poland, and Global Focus

5. The Return of the Foreign Fighters and Their Families to Their Homeland: Existing Practices and Considerations Regarding Security and Human Rights

Author:
Katerina Christoforaki
Publication Date:
08-2023
Content Type:
Special Report
Institution:
The Centre for Security Studies
Abstract:
The creation of Islamic State of Iraq and Syria (ISIS) has attracted an unprecedented flow of thousands of people from more than 100 countries all over the world to join their cause. After the fall of the so-called caliphate, the countries involved have to deal with the aftermath of the conflict and the future threat of the resurgence of ISIS or other terrorist groups. The people who volunteered and joined ISIS might pose a security threat in the future. This paper aims to examine the different approaches that countries have taken regarding the return of foreign fighters (FFs) and their families who joined ISIS to their homeland. This is a multidimensional and complex matter since it has legal, moral, and political implications, and therefore the decisions in this regard are never unanimous, nor do they come without criticism and opposition. On the one hand, it would be easier to just leave the FFs and their families there, prosecute them there and incarcerate them there. It would also be easier to collect evidence and to have testimonies of the witnesses and the survivors, and also it would keep the potential security threat away from their homeland. However, this would only be beneficial for the countries of origin and in the short term as it wouldn‘t solve the problem of radicalization. In fact, it might fuel it even more, and the proximity of the ISIS member in prisons or in camps could benefit them to rebuild their network and plan future attacks. Moreover, leaving them there would be against all human rights norms regarding the death penalty, fair trial, torture, rights of the child, and more. On the other hand, the return of the fighters and their families could indeed pose a danger to the security of the homeland. Not all of the returnees have committed punishable crimes and for those who have, very often there is not enough admissible evidence to the national courts. In fact, in the case of women and children, the countries are more reluctant to their return because they might have not taken part in the atrocities but that does not mean that they are innocent and bear no responsibility. Complicated is also the case of children and teenagers, some of whom have taken part in the atrocities willingly or unwillingly, some were brought by their families, some traveled alone in order to join ISIS, and some were born under ISIS control and risk statelessness.
Topic:
Security, Human Rights, Counter-terrorism, Islamic State, Foreign Fighters, and Repatriation
Political Geography:
Iraq, United Kingdom, Europe, France, Germany, Syria, United States of America, and Bosnia and Herzegovina

6. Derecho humano a la seguridad:Prevención del Extremismo Violentocon Vasili Grossman

Author:
Verónica Yazmín García Morales Morales
Publication Date:
06-2023
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
El presente estudio aborda el derecho humano a la seguridad desde el enfoque de la Prevención del Extremismo Violento. La Prevención del Extremismo Violento (PEV) es una estrategia en el marco de Naciones Unidas enfocada a fortalecer el respeto de los derechos humanos. La PEV aborda el extremismo violento que conduce al terrorismo desde el enfoque de la prevención y de los derechos humanos. Lo más relevante de esta perspectiva es su innovación para garantizar la seguridad como derecho humano. Es más, la PEVsurge como respuesta a las políticas de seguridad antiterroristas que se consideran insuficientes para erradicar este fenómeno. Las medidas de acción de la PEV, por tanto, van más allá de lo que en sentido estricto se conoce como política securitaria. La educación y la cultura tiene así una función importante en la PEV, como también ponen de relieve las políticas de la UNESCO. El análisis que se desarrolla expone una propuesta de espacio dialógico que aplica la medida de educación, cultura y sensibilización a través de la literatura. Se reflexiona así, a partir del diálogo con Vida y destino de Vasili Grossman, sobre el extremismo violento y los derechos humanos.
Topic:
Security, Human Rights, United Nations, Literature, and Countering Violent Extremism
Political Geography:
Global Focus

7. THE ROLE OF REGIONAL HUMAN RIGHTS INSTITUTIONS IN TIMES OF ARMED CONFLICTS IN AFRICA

Author:
Ufuoma Veronica Awhefeada
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Armed conflict is a perennial problem that has plagued Africa for decades, resulting in flagrant human rights abuse. The central problem this paper seeks to address is identifying the laws establishing institutions and agencies for protecting human rights in Africa and examining how well-adapted these institutions are to protect human rights in times of armed conflict in Africa. This research employs the doctrinal research method, which entails an examination of the relevant primary sources of the law as laid down in the statutes and treaties and interpreted by the courts as well as secondary source materials, including journal articles, reports, and other relevant sources materials. It is contended that though human rights institutions were not established with the goal of interventions in times of armed conflict to protect human rights, they can be adapted to meet this challenge to stem the tide of gross human rights violations during armed conflicts. The paper concludes by recommending the expansion in the practice of the mandate of these human rights institutions to accommodate mechanisms for the protection of human rights in times of armed conflicts.
Topic:
Human Rights, International Humanitarian Law (IHL), and Armed Conflict
Political Geography:
Africa

8. Pursuing justice for international crimes in Ukraine: A patchwork of multi-level and long-running efforts

Author:
Katja Creutz
Publication Date:
06-2023
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Russian aggression against Ukraine has triggered debates and initiatives on how to address crimes under international law committed in and against Ukraine, including war crimes and the crime of aggression. A single institution capable of dealing with all international crimes is nonetheless lacking. Tens of thousands of alleged war crimes have been reported and documented, part of which the Ukrainian courts themselves are handling. The massive caseload requires international assistance, in addition to which the ICC is also investigating alleged war crimes. The international community is divided in regard to the investigation and prosecution of the crime of aggression. As the ICC lacks jurisdiction with respect to this crime in this particular situation, European states are advancing a special ad hoc tribunal. Nonetheless, the majority of countries globally, particularly in the Global South, find it hard to support the initiative. The discussion on the best way to proceed with regard to addressing the crime of aggression committed by Russia is ongoing. Many problematic issues are being debated, ranging from political desirability to the issue of head of state immunities.
Topic:
Human Rights, International Law, United Nations, War Crimes, and Russia-Ukraine War
Political Geography:
Russia, Ukraine, and Eastern Europe

9. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?

Author:
Steven Blockmans
Publication Date:
05-2023
Content Type:
Policy Brief
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
Topic:
Human Rights, International Law, European Union, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

10. Is There Life in the Desert? Russian Civil Society After the Full-Scale Invasion of Ukraine

Author:
Igor Gretskiy
Publication Date:
05-2023
Content Type:
Special Report
Institution:
International Centre for Defence and Security - ICDS
Abstract:
By the end of 2021, all leading independent NGOs and individual human rights activists had been completely suppressed, and all issues deemed inconvenient for the Kremlin had been removed from the agenda of those still operating. This report focuses on the state of Russian civil society at the outset of Russia’s full-scale military invasion of Ukraine, as well as on how it was affected by the war and what are the prospects for its development in the future. Since Vladimir Putin came to power, Russia has been moving along the path of creating a fully state-controlled civil society in which the political potential of independent civil activism would be completely undermined. To achieve this goal, the Kremlin pro-actively advanced its network of government-organised non-governmental organisations (GONGOs) while simultaneously limiting foreign funding for NGOs. Those who did not abide by the Kremlin’s rules were systematically discriminated against and persecuted under the so-called “foreign agent” laws. Meanwhile, local authorities have stopped all formal and informal interaction with “politicised” civil actors. Russia’s invasion of Ukraine added further impetus to these trends and strengthened the Kremlin’s resolve to root out any sources of potential defiance. The independent professional NGOs that remained were in a deep crisis. Since February 2022, they have switched to survival mode. In all likelihood, they will either be co-opted by the state through a centralised system of financial support or cease to exist in the near future. The niches that they have left – including in the field of human rights advocacy – are being quickly filled by GONGOs. With their colossal resources, wider media access, and connections in the government, GONGOs are able to attract more young people to join their ranks. In many regions, even the scanty of organised independent civic activism that existed before the war was neither there nor likely to re-emerge in the coming years. In Russia, the level of involvement in NGOs has always been low and the population at large indifferent to the problems of civil society. Therefore, one should be wary of inflated expectations when contemplating the future of Russian civil activism. Even if Putin’s regime collapses, one can hardly anticipate a quick transition towards a truly independent and vibrant civil society. The study was conducted on the basis of interviews with representatives of independent NGOs from various regions who, as of February 2022, were based in Russia. The geography of this survey was expanded as much as possible to make the study more reliable and better reflect the content of the processes underway in the country. This analysis also shows that representatives from Moscow, large provincial cities, and the North Caucasus differ significantly in their perception of the current situation with civil society, whereas their visions for the future diverge considerably. A profound lack of communication among them only amplifies the divisions and fragmentations in Russia’s civil society. The situation in the North Caucasus is of particular note. Albeit being severely weakened, local independent NGOs and activists are – in contrast with the rest of Russia – more disapproving of the war unleashed by Russia against Ukraine but more optimistic about the future of their home regions. They pin their hopes on the revival of indigenous languages and cultures with the help of diasporas abroad and the emergence of civil society.
Topic:
Civil Society, Human Rights, Politics, War, Governance, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine