Explain Role of UN Security Council in upholding IHL Principles during Non-international Armed Conflicts during last Decade.

Over the last decade, the United Nations Security Council (UNSC) has played a significant role in upholding International Humanitarian Law (IHL) principles during non-international armed conflicts (NIACs) through various mechanisms, resolutions, and actions. NIACs, which occur within the borders of a single state between government forces and non-state armed groups or between such groups, present unique challenges for the protection of civilians and the enforcement of IHL. The UNSC, as the primary organ responsible for maintaining international peace and security, has employed diplomatic, legal, and coercive measures to address violations of IHL and promote compliance with humanitarian norms in NIAC settings. In this comprehensive explanation, we will explore the role of the UNSC in upholding IHL principles during NIACs over the last decade, including key resolutions, mandates, challenges, and achievements.

Legal Basis:

The UNSC's authority to address NIACs and uphold IHL principles is derived from Chapter VII of the United Nations Charter, which empowers the Council to take measures to maintain or restore international peace and security. While the UNSC's primary focus is on conflicts between states (international armed conflicts), it also has a responsibility to address situations involving widespread violations of human rights and humanitarian law within the territory of a single state (NIACs). In recent years, the UNSC has increasingly recognized the need to address the humanitarian impact of NIACs and hold perpetrators of violations accountable, leading to greater attention to IHL principles in its deliberations and decisions.

Key Resolutions and Mandates:

1. Protection of Civilians:
   The UNSC has adopted numerous resolutions emphasizing the importance of protecting civilians in armed conflict, including during NIACs. Resolution 2286 (2016), for example, condemns attacks on medical facilities and personnel and calls for greater respect for IHL and medical neutrality. Similarly, Resolution 2417 (2018) focuses on the impact of conflict on food security and calls for adherence to IHL principles, including the protection of civilian infrastructure essential for food production and distribution.

2. Children and Armed Conflict:
   The UNSC has issued resolutions specifically addressing the protection of children in armed conflict, including during NIACs. Resolution 1612 (2005) established a monitoring and reporting mechanism on grave violations against children in conflict, such as recruitment and use of child soldiers, killing and maiming, and attacks on schools and hospitals. Subsequent resolutions, including Resolution 2427 (2018), reinforce these protections and call for accountability for perpetrators.

3. Women, Peace, and Security:
   The UNSC has recognized the gender-specific impact of armed conflict and the importance of addressing the needs and rights of women and girls affected by NIACs. Resolution 1325 (2000) on Women, Peace, and Security calls for the participation of women in peace processes, protection of women and girls from gender-based violence, and integration of gender perspectives into conflict prevention and resolution efforts.

4. Counterterrorism and IHL:
   The UNSC has addressed the intersection between counterterrorism measures and IHL principles, particularly in the context of NIACs involving terrorist groups. Resolution 2462 (2019) emphasizes the importance of respecting IHL and human rights law in countering terrorism, including ensuring due process, protecting civilians, and avoiding indiscriminate or disproportionate attacks.

5. Humanitarian Access:
   The UNSC has highlighted the importance of ensuring humanitarian access to populations affected by NIACs, particularly in situations of siege, blockade, or other restrictions on the delivery of aid. Resolutions such as Resolution 2139 (2014) call for unhindered access for humanitarian organizations and respect for the principles of neutrality, impartiality, and independence in the provision of assistance.

Challenges and Limitations:

Despite these efforts, the UNSC faces several challenges and limitations in upholding IHL principles during NIACs:

1. Political Divisions and Veto Power:
   Political divisions among UNSC members, particularly the five permanent members with veto power (China, France, Russia, the United Kingdom, and the United States), can hinder consensus on resolutions related to NIACs. Veto-wielding states may prioritize geopolitical interests over humanitarian concerns, leading to delays or watered-down resolutions that fail to adequately address violations of IHL.

2. Selective Application of IHL:
   The UNSC's response to NIACs has been criticized for its selective application of IHL principles, particularly regarding conflicts where powerful states or their allies are involved. Perceived double standards in the Council's approach to NIACs undermine its credibility and effectiveness in promoting compliance with humanitarian norms and accountability for violations.

3. Enforcement Challenges:
   The UNSC's ability to enforce its resolutions on NIACs is limited by factors such as lack of enforcement mechanisms, insufficient resources, and resistance from non-compliant parties. While the Council can impose sanctions, authorize peacekeeping missions, or refer cases to international courts or tribunals, implementation often depends on cooperation from member states and other stakeholders.

4. Complexity of NIACs:
   NIACs are often characterized by fragmentation, multiple armed groups, and fluid alliances, making it difficult to identify and engage with all parties to the conflict. The decentralized nature of NIACs poses challenges for monitoring compliance with IHL, investigating violations, and holding perpetrators accountable, especially when armed groups operate in remote or inaccessible areas.

5. Humanitarian Access Constraints:
   Despite UNSC resolutions calling for humanitarian access, parties to NIACs may obstruct or impede the delivery of aid to civilian populations in need. Security risks, bureaucratic hurdles, and deliberate restrictions on humanitarian access by warring parties can undermine efforts to provide lifesaving assistance and protection to affected communities.

Achievements and Impact:

Despite these challenges, the UNSC's efforts to uphold IHL principles during NIACs have had several achievements and positive impacts:

1. Normative Framework:
   UNSC resolutions on NIACs have contributed to the development of a normative framework for the protection of civilians, children, women, and other vulnerable groups in armed conflict. These resolutions reinforce existing legal obligations under IHL and IHRL and provide guidance for states, armed groups, and humanitarian actors.

2. Political Pressure and Diplomacy:
   The UNSC's attention to NIACs has helped generate political pressure on parties to the conflict to respect IHL principles and engage in dialogue to resolve humanitarian issues. Diplomatic efforts, including mediation, negotiation, and conflict resolution initiatives, supported by the UNSC, can facilitate peaceful settlements and mitigate the humanitarian impact of NIACs.

3. Humanitarian Assistance and Protection:
   UNSC resolutions have facilitated humanitarian assistance and protection for civilian populations affected by NIACs, including through the authorization of peacekeeping missions, humanitarian corridors, and cross-border aid deliveries. These efforts have helped alleviate suffering, save lives, and address urgent humanitarian needs in conflict-affected areas.

4. Accountability and Justice:
   The UNSC's engagement on NIACs has contributed to efforts to hold perpetrators of IHL violations accountable and ensure justice for victims. Resolutions establishing commissions of inquiry, fact-finding missions, or international criminal tribunals have helped document violations, gather evidence, and pursue accountability for war crimes, crimes against humanity, and genocide.

5. Awareness and Advocacy:
   The UNSC's attention to NIACs