Committee Human Rights Committee (HRC)

Issue The Protection of Human Rights in War and Conflict

Zones

Name MyeongJae “Eric” Yeo

Position Head President

Introduction
In previous decades, the world’s population has been growing at an exponential rate,
causing humanity to require more rights of its own. Human rights are “rights inherent to
all human beings regardless of race, sex, nationality, ethnicity, language, religion, or
any other status” (United Nations). These rights came together to make a law and a
nation.
These people chose to be distinct, placing themselves at the top, claiming the
superiority compared to the others.

Now we face the problem wherein people are experiencing the abuse and manipulation
of their basic rights. The places that frequently have these problems are in conflict
zones. War and conflict zones are insured places as there are disputes arising from two
sides and due to strong disagreements between them. Some fight for their cause, but
some lose their human rights during this process, instead of it being kept and freely
exercised. Nothing should sabotage one’s human rights, but these insecure zones do.
This lack of security are at stake as well as the lives of millions of people around the
world.

Definition of Key Terms

Term Definition (source)

Protection “a legal or other formal measure intended

to preserve civil liberties and rights”
(Oxford)

Human Rights “rights inherent to all human beings,

regardless of race, sex, nationality,
ethnicity, language, religion, or any other
status” (UN)

Rights “a moral or legal entitlement to have or

obtain something or to act in a certain
way” (Oxford)

War Zones “a designated area … within which [the]

rights of neutrals are not respected by a
 belligerent nation in time of war” (Merriam
Webster)

Conflict Zones “[an area or a zone where] a serious

disagreement or argument, typically a
protracted one” (Oxford)

Background Information
Human rights have been violated since the era of human civilization. However, many
laws and regulations regarding human rights have been created and altered since then.
On the 10th of December, with 48 votes out of the 58 members of the house voting in
favor of the resolution, the Universal Declaration of Human Rights has been signed.
Although all people are to abide by it, there are still many ongoing disputes. The
difference between then and now might not be significant. We were made to slaves
then, but we now have a column of rights where anyone can stand up to any others who
does not abide by it.

The problem at hand is neither a “regional” nor a “national” issue any longer. It is a
universal issue that must be tackled immediately. Even at this moment, lives are being
lost and rights are being taken away. Multiple situations arise from the countries that
question the sovereignty and infringe on other nations’ constitutions while taking the
UDHR (United Nations Declaration of Human Rights) as an absurd idea.
___
Creation of the Human Rights with the UN Charter
Human rights are basic rights of humanity. They are rights that all human beings are
entitled to. Its basis is the foundational support for other document regarding human
rights and organizations that support such promotions. Among the many documents
that support humanity’s rights, the most impactive document with the highest reliability
is the Universal Declaration of Human Rights, a document that was created along with
the UN Charter. This had taken place after WWII, specifically noting that there should
not be any harm done or rights taken away from a human being without any specific
significant reason. This signals the start of the debate and the collision about human
rights and their authorities.

Necessity for the Protection of Rights in War and Conflict Zones

War and conflict zones are areas where collision and clashes between two ideas or
actions. In these situations, there are multiple of humanity being abused in the sense of
their rights being taken away such as but not limited to the following : right to life, right to
liberty, right to freedom, and etc. There are multiples of rights that go beyond the
borders that should not be crossed by others, yet they still do. As much as there are
such areas in the world, the UN strives to fix the situation at stake by promoting and
recognizing the necessity for the protection of all human beings’ rights in war and
conflict zones.
International Dispute over the Rights of an Individual
“Humanity is a civilization.” Although this is a true statement, human rights are given to
every single individual human being, inclusive of the individual not in the same group as
others. Human rights are the basic of the basic needs / rights an individual need. This
should be respected and recognized by the people around. However, although the
human rights of an individual is respected, a problem might rise up to the surface when
the problem becomes out of the boundary of the group a person belongs, specifically a
nation.

International disputes toward an individual is debated frequently for the past recent
years. Although the “International Human Rights Law” exists to settle down the dispute,
it is also true that some areas do not promote such law and as a result, international
conflicts and disputes occur nonstop.

Major Countries and Organisations Involved

___
Countries Involved
___
Afghanistan
Afghanistan is currently in post-war stance with the Taliban forces. Against the Taliban
forces, Afghanistan and the United States of America are fighting for the war to end.
However, even in this situation, the citizens and the civilians are not being recognized
as “endangered”. As a result, thousands of people lost their right to life and liberty. Not
only Afghanistan’s citizen experience such loss of rights, but they also experience the
hazardous sexual assault and harrassment. Their right of choice and freedom is taken
away in this sense and has not been given back ever since. The spotlight of UN is not
yet directed fully and has not drawn their full support and attention to such thousands of
citizens just yet.

Yemen
Yemen is a country where the number of violated human rights are significantly large
compared to other countries. Yemen, although realizing and recognizing the fact that it
is currently still at the stance of “post-war”, it is still undeniable that they record a lot of
violations such as but not limited to the following : loss of the right to liberty and life,
shortage of food and medical care, sexual harassment, hazardous threats, tortures,
block of humanitarian access, and etc.

The involvement of Yemeni Civil War since 2015 is causing an enormous crashing
wave of problems toward the individual human rights of the citizens in Yemen. Yet the
UN has not fully given its attention toward Yemen. More to this, the aftershock of the
violation of human rights in Yemen does not end there, but instead it causes a
secondary impact such as but not limited to the following : diseases, education, and
standard of living. These human rights violations cause a chain of irresponsible
mistakes.

South Sudan
Human rights are entitled to each and all people. Ethnicity does not matter. However, in
South Sudan, it is very evident that thousands of citizens and civilians are being killed,
suspicious that they either might be the spy of another opposing force’s political
alliance. South Sudan is one of the conflicted areas that does not have as much
protection like other nations.

South Sudan is a post-war state at the current moment and have been violating human
rights for years. Although “revitalized” peace agreement was signed between the
government and the opposition leaders, it did not end the fighting. As a result,
indiscriminate attacks against civilians, unlawful killings, tortures, arbitrary detentions,
beatings, sexual harassment and violence, child soldiers, and looting and destroying of
civilian’s properties. For about 4 million people fled from South Sudan and 2.47 million
civilians are now taking refuge in neighboring countries. Some needs protection, some
needs humanitarian resources. These should be properly addressed and stopped in an
instant.

Ukraine
Ukraine is known for “constant child trafficking” (CSAM). Furthermore, Europol,
European Union Police, holds about 40 million images regarding to CSAM (Child Sexual
Abuse Material), also known as child pornography. Warnings are constantly given to
Ukraine and it is watched as Ukraine has multiple times violated the UDHR (United
Nation Declaration of Human Rights).

Syria
Syria has been very constant in infringing the UN Passed Resolutions and Laws. One
example against the protect of human rights is the usage of biological or chemical
weapons in a conflict zone, which shows an example of the Syrian government’s
aggressive pressure of violations about allowing freedom of speech and attacks on
media and journalists. Syria has been taking their “lawful” action such as but not limited
to the following: child soldiers, crimes against minorities, tortures, kidnapping,
executions, and human shields.
___
Organizations (General)
___
Office of the High Commissioner for Human Rights (OHCHR)
The Office of the High Commissioner for Human Rights (OHCHR) has the leadership
role of the protection and the promotion of human rights. This office regularly comments
on human rights.

In this case, the OHCHR promoted and promotes the protection of human rights in war
and conflict areas. Since its establishment, it has been working to promote and protect
the human rights of the dangerous areas.
Human Rights Treaty Bodies
The Human Rights Treaty Bodies are independent monitors for the
balanced-international human rights treaties. Independent monitors and individuals do
check upon the previous laws and treaties of the UN balancing the treaties and the
advantages of the human rights in war and conflicted areas. Internationally, human
rights are entitled to every single individual, therefore the Human Rights Treaties Bodies
do ensure the balance in between such rights and advantages in the rights of the
individual.

UN Development Group’s Human Rights Mainstreaming Mechanism (UNDG-HRM)

As a sub-branch of a UN family, UN Development Group’s Human Rights
Mainstreaming Mechanism (UNDG-HRM) has been advancing and promoting human
rights within the UN development and enhance system. Similarly with the OHCHR, the
UNDG-HRM promotes the protection of human rights in the conflicted areas. Even a
step further, it enhances the assurance of the human rights of an individual rights by
programming such developments for the future.

Special Advisers on the Prevention of Genocide and the Responsibility to Protect

The “Special Advisers on the Prevention of Genocide and the Responsibility to Protect”
is an organization where it awares people of the causes and the dynamics of the
genocide. It alerts, advocates, mobilize, and leads the world for a solution of the
problems and works with the responsibilities of keeping the world as a “genocide-free”
state. This organization is obligated to work on “protection” of humanity's rights as a
whole. In specific, it prevents the possibilities of genocide, especially in terrorising
places. Even out of those situations, this organization has the responsibility to make the
world a better place by solving these war-related concerns.

The International Bill of Human Rights (Legal Instrument)

The International Bill of Human Rights, also known as the 3 legal instruments which are
Universal Declaration of Human Rights, the International Covenant on Civil and Political
Rights, and the International Covenant on Economic, Social, and Cultural Rights, are a
series of legal instruments that works as a foundation of the different organizations that
promote human rights.

Due to the limits of the memory and the inconsistency of humanity’s accuracy, legal
documents have a big role when it comes to formality. In this sense, the 3 legal
instruments are gathered to create a “bill” of human rights, which serves as not only for
a specific area, but rather internationally. This bill ensures that all humanity has been
entitled to all rights they should have been entitled. Furthermore, this bill ensures the
specific rights of an individual to be protected from anyone else, even if they were
located in conflicted areas.

3 LEGAL INSTRUMENTS ARE AS FOLLOWS :

UDHR
“The Universal Declaration of Human Rights (UDHR) is a milestone document in the
history of human rights. Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, it set out, for the first time, fundamental
human rights to be universally protected.” (OHCHR)
Originally published in 1948, the Draft Committee created the Universal Declaration of
Human Rights (UDHR) in December 10, 1948 at Palais de Chaillot, Paris. It was
created in 2 languages (French and English) for the purpose of protecting and ensuring
the human rights.

International Covenant on Civil and Political Rights

“The International Covenant on Civil and Political Rights is a multilateral treaty adopted
by the United Nations General Assembly. Resolution 2200A (XXI) on 16 December
1966, and in force from 23 March 1976 in accordance with Article 49 of the covenant.”
(Wikipedia)

With 74 signatories and 5 languages (French, English, Russian, Chinese, and Spanish),
the International Covenant on Civil and Political Rights (ICCPR) was drafted in 1954 at
United Nations (UN) Headquarters, New York.

International Covenant on Economic, Social, and Cultural Rights

“The International Covenant on Economic, Social and Cultural Rights is a multilateral
treaty adopted by the United Nations General Assembly on 16 December 1966 through
GA. Resolution 2200A (XXI), and came in force from 3 January 1976.” (Wikipedia)
With 71 signatories and 6 languages (French, English, Russian, Chinese, Spanish, and
Arabic), the International Covenant on Economic, Social, and Cultural Rights (ICESCR)
was drafted in 1954 at United Nations (UN) Headquarters, New York.

Timeline of Events

Date of Event Description of Event

December 10, 1948 Universal Declaration of Human Rights

(UDHR)

December 16, 1966 International Covenant on Civil and Political

Rights (Signed)

December 16, 1966 International Covenant on Economic, Social

and Cultural Rights (Signed)

January 3, 1976 International Covenant on Economic, Social

and Cultural Rights (Effective)

March 23, 1976 International Covenant on Civil and Political

Rights (Effective)

October 7, 2001 War in Afghanistan

( (U.S.A. VS. Taliban Forces (rebels) )
March 15, 2011 Syrian Civil War

December 2013 South Sudanese Civil War

April 6, 2014 War in Donbass ; (Donbass, Ukraine)

2015 - Present Yemeni Civil War

Solutions (Past and Possible)

1. Parties to conflict and actors involved in peace operations increasingly comply

with international human rights and humanitarian law and provide greater
protection to civilians. (2018)
2. Efforts to counter terrorism and prevent violent extremism comply with
international law. (2018)
3. Strategies to prevent and respond to conflict consistently integrate human rights
protection. (2018)
4. Justice mechanisms, including for transitional justice, provide increased
accountability for conflict-related violations. (2018)
5. Human rights information and analyses are integrated in early warning and
analysis systems and influence international and national policy-making,
strategies and operations to prevent, mitigate or respond to emerging crises,
including humanitarian crises and conflict. (2018)
 6. United Nations’ support to national and regional security forces, law enforcement
agencies, and non-state actors integrates human rights and complies with the
human rights due diligence policy. (2018)
7. The use of private military and security companies, and the development and
deployment of new technologies, weapons and tactics, are increasingly
consistent with and respect international human rights law and international
humanitarian law. (2018)
8. i. Support prevention of conflict, violence and insecurity. (2018)
a. ii. Protect and expand civic space.
b. iii. Support and further develop the global constituency for human rights.
c. iv. Deliver human rights in the context of emerging global concerns
(‘frontier issues’).
9. Cooperate with other organizations that promote “Human Rights” such as but not
limited to : OHCHR and UN Peacekeeping Forces (in specific). Be updated with
new information and be quick to reply and act fast upon them.

Resources for further Reading

● International Legal Protection of Human Rights in Armed Conflict​ (2011)

● Protecting Human Rights in Armed Conflicts​ (2014)
● Resolution 9/9, Protection of the human rights of civilians in armed conflict
(September 14, 2011)
 ● Human Rights and Armed Conflict​ (Unknown)
● Charter of the United Nations​ (1945)
● Universal Declaration of Human Rights​ (1948 - 1998)
● Human Rights and Refugee Protection (RLD 5)​ (1995)
● UNITED NATIONS HUMAN RIGHTS COUNCIL - LIMUN HS 2017​ (2017)

Bibliography (MLA8 Including URL) - Alphabetical Order

Works Cited

“5 Ways to Better Protect Civilians in Conflict Zones.” ​OCHA,​ 15 Aug. 2018,

www.unocha.org/story/5-ways-better-protect-civilians-conflict-zones.

“Afghanistan.” ​Human Rights Watch,​ www.hrw.org/asia/afghanistan.

“Charter of the United Nations.” ​United Nations​, United Nations,

www.un.org/en/charter-united-nations/index.html.

“Charter of the United Nations and The Universal Declaration of Human Rights

(UDHR).” ​Women With Disabilities Australia​, wwda.org.au/issues/unhrt/hrchart1/.

“Democracy.” ​United Nations​, United Nations,

 www.un.org/en/sections/issues-depth/democracy/index.html#DHR.

Dimitropoulos, Stav. “Biochemistry in a Conflict Zone.” ​Nature News,​ Nature Publishing

Group, 26 Aug. 2019, www.nature.com/articles/d41586-019-02565-w.

“Europol's Child Abuse Image Geolocated In Ukraine: A Forgotten Story Hidden Behind

A Landscape.” ​Bellingcat​, 11 Sept. 2019,

www.bellingcat.com/news/2019/09/11/europols-child-abuse-image-geolocated-in-

ukraine-a-forgotten-story-hidden-behind-a-landscape/.

“Home - United Nations Office of the Special Representative of the Secretary-General

for Children and Armed Conflict | To Promote and Protect the Rights of All

Children Affected by Armed Conflict.” ​United Nations,​ United Nations,

childrenandarmedconflict.un.org/.

“Human Rights.” ​United Nations,​ United Nations,

www.un.org/en/sections/issues-depth/human-rights/index.html.

“Human Rights Council: UN Special Representative for Children and Armed Conflict

Calls for Stronger Protection of the Most Vulnerable in War - United Nations Office

of the Special Representative of the Secretary-General for Children and Armed

Conflict | To Promote and Protect the Rights of All Children Affected by Armed
 Conflict.” ​United Nations​, United Nations,

childrenandarmedconflict.un.org/human-rights-council-un-special-representative-c

hildren-armed-conflict-calls-stronger-protection-vulnerable-war/.

“Human Rights Timeline: Timeline.” ​Research Guides,​

libraryresources.unog.ch/hrtimeline/timeline.

“Human Rights and Armed Conflict.” ​Icelandic Human Rights Centre,​

www.humanrights.is/en/human-rights-education-project/human-rights-concepts-id

eas-and-fora/human-rights-in-relation-to-other-topics/human-rights-and-armed-con

flict.

“Migration and Human Rights.” ​OHCHR,​

www.ohchr.org/en/issues/migration/pages/migrationandhumanrightsindex.aspx.

“The Most Notable Human Rights Violations in Syria in August 2019.” ​Syrian Network

for Human Rights,​ 3 Sept. 2019, sn4hr.org/blog/2019/09/03/54208/.

“National Efforts to Protect Human Rights, Effectiveness of Human Rights Council and

Special Procedures among Issues, as Third Committee Debate Continues |

Meetings Coverage and Press Releases.” ​United Nations,​ United Nations,

www.un.org/press/en/2010/gashc3989.doc.htm.
Nepomuceno, Priam. “PH Reiterates Adherence to Rules of War: DND.” ​Philippine

News Agency RSS,​ Philippine News Agency, 9 Sept. 2019,

www.pna.gov.ph/articles/1079920.

“Preventing Violations and Strengthening Protection of Human Rights.” ​OHCHR​,

www.ohchr.org/EN/AboutUs/ManagementPlan/Pages/preventing-violations.aspx.

“Promoting Human Rights in the United States.” ​Berkeley Law,​ 11 Apr. 2015,

law.berkeley.edu/experiential/clinics/international-human-rights-law-clinic/projects-

and-cases/promoting-human-rights-in-the-united-states/.

“Protect Human Rights.” ​United Nations​, United Nations,

www.un.org/en/sections/what-we-do/protect-human-rights/.

“Protecting Civilians in Conflict 'Only Way to Lay Foundations for Sustained Peace',

Secretary-General Stresses at Security Council Debate | Meetings Coverage and

Press Releases.” ​United Nations​, United Nations,

www.un.org/press/en/2018/sgsm19047.doc.htm.

“Protecting Human Rights: Democracy, Human Rights and Governance.” ​U.S. Agency

for International Development​, 7 May 2019,

www.usaid.gov/what-we-do/democracy-human-rights-and-governance/protecting-
 human-rights.

“South Sudan.” ​Human Rights Watch,​ www.hrw.org/africa/south-sudan.

“World Report 2019: Rights Trends in Afghanistan.” ​Human Rights Watch​, 17 Jan.

2019, www.hrw.org/world-report/2019/country-chapters/afghanistan.

“World Report 2019: Rights Trends in South Sudan.” ​Human Rights Watch,​ 17 Jan.

2019, www.hrw.org/world-report/2019/country-chapters/south-sudan.

“World Report 2019: Rights Trends in Yemen.” ​Human Rights Watch​, 17 Jan. 2019,

www.hrw.org/world-report/2019/country-chapters/yemen.

“Yemen.” ​Human Rights Watch,​ www.hrw.org/middle-east/n-africa/yemen.