International Normative Framework ProCap Protection Stand-By Training

Legal Architecture Guiding Principles on Internal Displacement International Human Rights Law International Humanitarian Law (Armed Conflict) International Refugee Law National Law

Human Rights Law Founded on respect and dignity of the individual Universal, inherent, inalienable Key documents Universal Declaration of Human Rights (UDHR) International Covenant on Economic, Social, and Cultural Rights International Covenant on Civil and Political Rights (ICCPR) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Convention on the Rights of the Child (CRC) Convention against Torture, Cruel, Inhuman and Degrading Treatment or Punishment (CAT) Convention on the Elimination of all forms of Racial Discrimination

Human Rights Law obliges States to: Respect Not violate rights itself Protect Not allow others to violate rights Fulfil Take action to ensure rights are enjoyed

Enforcement – Human Rights Law National Systems Human rights courts, commissions dealing with individual cases Human rights committee, other treaty bodies, special procedures dealing with states “Political” enforcement…

International Humanitarian Law (IHL) Applicable in armed conflict. Protects those who are not or no longer taking part in hostilities. Restrictions on the means of warfare (weapons) and the methods of warfare (tactics) Binding on states and organized armed groups. Key Documents Geneva Conventions of 1949 and Additional Protocols 1977.

International Humanitarian Law (IHL) Distinction: All parties must distinguish at all times between civilian and military targets Only military targets may be attacked Indiscriminate attacks are prohibited Proportionality: Civilian loss must not be disproportionate to the definite military advantage gained

IHL: Common Article III Considered a “treaty in miniature” In case of armed conflict not of an international character occurring on the territory of one of the high contracting parties, each party to the conflict shall be bound to apply, at a minimum, the following provisions…  Protection of those taking no active part in hostilities  Prohibition of violence, murder, hostage-taking, degradation, extra-judicial punishment of civilians or those hors de combat  Care of prisoners and wounded

Enforcement – IHL National systems International Courts (ICC, ICTY,ICTR SCSL etc.) trying individuals “Political” enforcement…

Other instruments ILO Convention 182 on Elimination of Worst Forms of Child Labor Rome Statute of the International Criminal Court Regional instruments African Charter, European Convention, American Convention, etc. Security Council resolutions 1820 (Sexual violence) 1612 (Reporting of grave violations against children) 1325 (Special measure in protection of women, girls) National legislation

IHL and Human Rights Law HUMAN RIGHTS Freedom of Expression Freedom of Assembly Economic, Social, and Cultural Rights COMPLEMENTARY PROVISIONS Right to Life Prohibition against Torture Prohibition against Ill- treatment Family unity Fair Trial IHL Protection of wounded, sick and shipwrecked Protection of POWs and civilian internees Conduct of Hostilities Common Goal : Protection of the individual

Application in Context Categories of Conflict  Peacetime  Civil disturbance, riots  Natural disasters  Non-international armed conflicts  International armed conflict between two or more States Relevant Bodies of Law  Human rights law  HR law; rare derogation  HR law; rarely justifies derogation  IHL applicable, no derogation  HR also applicable but may be possible to derogate certain rights  IHL applicable  HR law applicable domestically but possible to derogate certain rights

Refugee Law Specific protection regime for: Someone who, as a result of “a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country.”

Refugee Law Right to seek and enjoy asylum Principle of non-refoulement Non-discrimination – treated at least as well as any other resident foreigner. Freedom of movement, limited right to work. Obligation not to engage in activities that pose a threat to national security or public order. Key Documents Refugee Convention of 1951 OAU Convention of 1969, Cartagena Declaration of 1984

What is an IDP? Internally displaced persons are:  “persons or groups of persons who have been forced or obliged to flee or to leave  their homes or places of habitual residence,  in particular as a result of or in order to avoid the effects of armed conflict,  situations of generalised violence,  violations of human rights or  natural or human-made disasters,  and who have not crossed an internationally recognised State border."

Guiding Principles on Internal Displacement Identify rights of IDPs Consistent with & derived from IHL, HR Restates relevant norms for IDPs Delineates rights and guarantees as relate to different phases of displacement Not a treaty

Guiding Principles General principles Non-discrimination Reference to IHL, HR, and domestic law Reiterates responsibility of State Affirms right of IDPs to request/receive protection and assistance, in analogy to refugee law Protection from displacement Prohibits arbitrary displacement Minimize adverse effects, assure proper conditions

Guiding Principles Protection during displacement Physical security Movement-related rights Family unit and community Economic, social, cultural rights Humanitarian assistance State responsibility Humanitarian access and transport of supplies Return, reintegration, resettlement Voluntary, in safety and dignity Monitoring and humanitarian access

1) Every human being has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention Derived from: UDHR articles 3 and 9 CCPR article 9 (1) General How are the principles derived? Example, Principle 12

Principle 12 1) Every human being has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention 2) To give effect to this right for internally displaced persons, they shall not be interned in or confined to a camp. If in exceptional circumstances such internment or confinement is absolutely necessary, it shall not last longer than required by the circumstances. 3) Internally displaced persons shall be protected from discriminatory arrest and detention as a result of their displacement. 4) In no case shall internally displaced persons be taken hostage. General Applicable To IDPs Applicable To IDPs Applicable to IDPs

Enforcement summary National processes police, prosecutions, legislation, transitional justice mechanisms, truth commissions, etc. UN Human Rights System Human Rights Council, Treaty bodies, Special Rapporteurs, UN monitoring, Security Council International courts Regional courts, special tribunals, ICC Universal Jurisdiction for war crimes

Political enforcement National civil society pressure Bi-lateral pressure and sanctions International political and moral pressure The “reputation” of a country can affect: Access to trade and credit Willingness of other countries to deal with them The reputation of an individual can cause: Asset freezes/Travel bans “Disowning” internally, access to promotion etc.

Exercise Step one: read the case study Step two: Identify the applicable bodies of law for Lutania and this situation. Identify the violations contained in the case study, in particular referring to the Guiding Principles. Step three: Choose one abuse or one right that is being violated. What responses or enforcement steps are possible to protect this right, enforce the law, or punish the violator? What steps could you as UN protection officers take to implement, support or contribute to this response?