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

Title: The Role of the UN Security Council in Upholding International Humanitarian Law Principles During Non-International Armed Conflicts in the Last Decade

Introduction

International Humanitarian Law (IHL) serves as a crucial framework for regulating armed conflicts, encompassing principles aimed at protecting civilians and minimizing suffering during times of war. While IHL primarily applies to international armed conflicts, it also extends to non-international armed conflicts (NIACs), where conflicts occur within the borders of a single state involving government forces and non-state armed groups. In the last decade, the UN Security Council (UNSC) has grappled with numerous NIACs, attempting to uphold IHL principles amidst complex political dynamics and humanitarian crises. This essay explores the role of the UNSC in addressing NIACs and promoting compliance with IHL principles over the past decade.

Legal Basis and Mandate

The UNSC, as outlined in Chapter VII of the UN Charter, holds primary responsibility for the maintenance of international peace and security. While the Charter primarily focuses on interstate conflicts, the UNSC's authority extends to situations involving threats to peace arising from internal conflicts, including NIACs. Through resolutions under Chapter VII, the UNSC can adopt measures to address humanitarian crises, promote peace, and enforce compliance with IHL principles.

Engagement in NIACs

Over the past decade, the UNSC has been actively engaged in addressing NIACs across various regions, including the Middle East, Africa, and Asia. These conflicts have posed significant challenges to the protection of civilians and adherence to IHL principles due to their complex nature, involving multiple parties with diverse interests and objectives.

One notable example is the conflict in Syria, which evolved from a series of protests into a protracted civil war involving government forces, opposition groups, and international actors. The UNSC's response to the Syrian conflict has been characterized by political divisions among its permanent members, leading to frequent deadlock and limited action. Despite adopting resolutions calling for humanitarian access and cessation of hostilities, implementation has often been hampered by the lack of consensus and enforcement mechanisms.

Similarly, in Yemen, the UNSC has struggled to address the humanitarian crisis resulting from the ongoing conflict between the government and Houthi rebels. Despite condemning violations of IHL, including attacks on civilians and civilian infrastructure, the UNSC has faced challenges in holding perpetrators accountable and ensuring compliance with its resolutions.

Promotion of IHL Principles

The UNSC plays a critical role in promoting compliance with IHL principles during NIACs through various means, including resolutions, sanctions, and peacekeeping operations. Resolutions adopted by the UNSC often reaffirm the applicability of IHL to NIACs and call upon parties to respect humanitarian norms, including the protection of civilians, humanitarian access, and the prohibition of indiscriminate attacks.

Sanctions imposed by the UNSC target individuals and entities responsible for violations of IHL, including attacks against civilians, recruitment of child soldiers, and the use of chemical weapons. These sanctions aim to deter future violations and hold perpetrators accountable for their actions, thereby reinforcing the importance of IHL compliance.

Peacekeeping operations authorized by the UNSC play a crucial role in mitigating the impact of NIACs on civilians and promoting adherence to IHL principles. Peacekeepers are tasked with protecting civilians, facilitating humanitarian assistance, and supporting efforts to resolve conflicts through dialogue and mediation. However, peacekeeping missions face numerous challenges, including limited resources, mandates, and consent from parties to the conflict, which can impede their effectiveness in upholding IHL principles.

Challenges and Limitations

Despite its efforts, the UNSC faces numerous challenges and limitations in upholding IHL principles during NIACs. Political divisions among its permanent members often result in deadlock and hinder decisive action to address humanitarian crises. Veto-wielding powers may prioritize strategic interests over humanitarian concerns, leading to inconsistencies in the UNSC's response to NIACs.

Additionally, the UNSC's reliance on coercive measures, such as sanctions and peacekeeping operations, may be insufficient to compel parties to comply with IHL. Non-state armed groups operating in NIACs may lack the capacity or willingness to adhere to international norms, rendering diplomatic efforts ineffective in promoting compliance.

Furthermore, the UNSC's capacity to enforce IHL principles is limited by its mandate and authority under the UN Charter. While the UNSC can authorize military action to address threats to international peace and security, intervention in NIACs raises complex legal and political questions regarding sovereignty, consent, and legitimacy. As a result, the UNSC's ability to intervene directly in NIACs is often constrained by legal and practical considerations.

Conclusion

In conclusion, the UNSC plays a vital role in upholding IHL principles during NIACs by adopting resolutions, imposing sanctions, and authorizing peacekeeping operations. However, its efforts are often hampered by political divisions, limited enforcement mechanisms, and the complexities of NIACs. As conflicts continue to evolve and humanitarian crises persist, the UNSC must remain vigilant in promoting compliance with IHL principles and addressing the root causes of conflict to prevent further atrocities and suffering. Collaborative efforts involving states, international organizations, and civil society are essential to ensuring the protection of civilians and the promotion of peace and security in conflict-affected regions.