The UN Security Council and Human Rights

Author(s):  
Joanna Weschler ◽  
Lindiwe Knutson
Author(s):  
Richard Caplan

States – Western ones, at least – have given increased weight to human rights and humanitarian norms as matters of international concern, with the authorization of legally binding enforcement measures to tackle humanitarian crises under Chapter VII of the UN Charter. These concerns were also developed outside the UN Security Council framework, following Tony Blair’s Chicago speech and the contemporaneous NATO action over Kosovo. This gave rise to international commissions and resulted, among other things, in the emergence of the ‘Responsibility to Protect’ (R2P) doctrine. The adoption of this doctrine coincided with a period in which there appeared to be a general decline in mass atrocities. Yet R2P had little real effect – it cannot be shown to have caused the fall in mass atrocities, only to have echoed it. Thus, the promise of R2P and an age of humanitarianism failed to emerge, even if the way was paved for future development.


Significance Russia on June 28 rejected as “lies” similar allegations by the United States, United Kingdom and France at the UN Security Council. The exchanges come against the backdrop of rising diplomatic tensions between Russia and France in CAR. Impacts Touadera’s ongoing offensive against rebel forces threatens to deliver a fatal blow to the peace deal he struck with them in 2019. Expanding Russian control over key mining sites could be a persistent source of frictions absent sophisticated local arrangements. Human rights concerns will deter some African leaders from engaging with Russia, but not all.


Author(s):  
Kristin Hausler

The UN Security Council and the UN Human Rights Council have increasingly addressed the destruction of cultural heritage in recent years, reflecting an expanded focus on cultural heritage protection across the UN system. This chapter examines the approaches of these two bodies to cultural heritage destruction and explores how their approaches have mutually reinforced each other but also reflected their different mandates: international peace and security and international human rights, respectively. This chapter starts with an analysis of some of the key Human Rights Council resolutions on the matter, as well as the work of its special procedures, in particular the Special Rapporteur in the Field of Cultural Rights. It then looks at the resolutions of the Security Council both to assess the manner in which the Security Council has introduced cultural heritage destruction to the peace and security agenda and also to identify whether the Security Council has additionally addressed such destruction as a human rights violation. The chapter concludes with discussion of whether a human rights approach to cultural heritage destruction should be adopted more widely.


Author(s):  
Gregory H. Fox

This chapter examines the debate concerning a state’s intervention in internal armed conflicts based on invitation, either from the government or from a rebel group fighting against the government. It looks at the issues that arise from intervention by invitation, particularly those relating to the territorial integrity of the state, the status of the actors involved, the nature of the consent, and implications for international law in general and for politics and human rights in particular. The chapter first considers the traditional view of intervention by invitation and the recent challenges to that view. It then discusses the negative equality principle as it applies to intervention in civil wars, as well as the link between intervention by invitation and democratic legitimacy. It also analyses the position of the UN Security Council on intervention by invitation.


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