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

Role of UN Security Council in Upholding IHL Principles during Non-International Armed Conflicts in the Last Decade

Introduction:

Non-international armed conflicts (NIACs) pose significant challenges to the protection of civilians and adherence to International Humanitarian Law (IHL). While primary responsibility for compliance with IHL lies with the parties to the conflict, the United Nations Security Council (UNSC) plays a crucial role in upholding IHL principles, promoting accountability, and mitigating humanitarian consequences during NIACs. This essay examines the role of the UNSC in upholding IHL principles during NIACs over the last decade, exploring key initiatives, challenges, and opportunities for enhancing civilian protection and compliance with humanitarian norms.

Overview of Non-International Armed Conflicts:

Non-international armed conflicts, as defined under IHL, involve hostilities between government forces and non-state armed groups or between such groups within the territory of a single state. NIACs are characterized by complex dynamics, including asymmetrical power relations, multiple actors, and blurred lines between combatants and civilians. While IHL treaties such as the Geneva Conventions and their Additional Protocols primarily address international armed conflicts, common Article 3 and Additional Protocol II provide protections for individuals affected by NIACs.

Role of the UNSC in Upholding IHL Principles:

1. Peace and Security Mandate: The primary responsibility of the UNSC is to maintain international peace and security, including by addressing threats to peace arising from armed conflicts, including NIACs. Through its resolutions and decisions, the UNSC seeks to uphold IHL principles, promote compliance with humanitarian norms, and mitigate humanitarian consequences in conflict-affected regions.

2. Conflict Prevention and Resolution: The UNSC plays a critical role in conflict prevention and resolution efforts, including through diplomatic mediation, peacekeeping operations, and peacebuilding initiatives. By addressing root causes of conflict, addressing grievances, and promoting inclusive dialogue, the UNSC aims to prevent the escalation of NIACs and minimize the impact on civilian populations.

3. Authorization of Peacekeeping Missions: The UNSC authorizes peacekeeping missions to support conflict-affected countries in implementing peace agreements, protecting civilians, and facilitating humanitarian assistance. Peacekeeping operations adhere to IHL principles, including the protection of civilians, and work closely with host governments and other stakeholders to promote compliance with humanitarian norms.

4. Enforcement of Arms Embargoes: The UNSC imposes arms embargoes and other targeted sanctions on parties to NIACs to prevent the flow of weapons and military support that could exacerbate conflict and harm civilians. By enforcing arms embargoes, the UNSC aims to reduce the intensity and duration of NIACs and protect civilian populations from the destructive effects of armed violence.

5. Sanctions and Accountability Measures: The UNSC imposes targeted sanctions, including travel bans and asset freezes, on individuals and entities responsible for violations of IHL and human rights abuses during NIACs. These measures aim to promote accountability, deter future violations, and provide redress for victims of atrocities committed in the context of armed conflict.

Initiatives and Resolutions:

1. Protection of Civilians: The UNSC has issued numerous resolutions emphasizing the protection of civilians in armed conflict, including during NIACs. Resolutions such as Resolution 2286 (2016) call for enhanced measures to prevent attacks on civilians, humanitarian personnel, and medical facilities, as well as accountability for violations of IHL.

2. Women, Peace, and Security: The UNSC has adopted several resolutions on Women, Peace, and Security, recognizing the disproportionate impact of armed conflict on women and girls and the importance of their participation in conflict prevention, resolution, and peacebuilding efforts. These resolutions emphasize the need to integrate a gender perspective into all aspects of conflict prevention and resolution, including in NIACs.

3. Children and Armed Conflict: The UNSC has established mechanisms, such as the Working Group on Children and Armed Conflict, to monitor and address violations of children's rights in armed conflict, including during NIACs. Resolutions such as Resolution 2427 (2018) emphasize the need to protect children from recruitment, abduction, and other forms of exploitation by armed groups.

4. Humanitarian Access: The UNSC has issued resolutions calling for unhindered humanitarian access to conflict-affected populations, including those affected by NIACs. Resolutions such as Resolution 2139 (2014) demand an end to sieges and other obstacles to humanitarian assistance and emphasize the need for parties to the conflict to respect the principles of humanity, neutrality, impartiality, and independence.

Challenges and Limitations:

Despite the efforts of the UNSC to uphold IHL principles during NIACs, several challenges and limitations persist:

1. Political Impediments: The UNSC operates in a politicized environment where geopolitical rivalries, national interests, and competing agendas can hinder consensus-building and effective action on NIACs. Veto-wielding members may block or water down resolutions addressing violations of IHL, undermining the credibility and effectiveness of the Council's actions.

2. Implementation Gaps: The effectiveness of UNSC resolutions and decisions depends on the willingness and capacity of member states to implement them. In some cases, parties to NIACs may disregard or selectively implement UNSC resolutions, perpetuating violations of IHL and impunity for perpetrators.

3. Lack of Accountability: The UNSC faces challenges in holding parties to NIACs accountable for violations of IHL and human rights