Human rights in war zones and areas of armed conflict : a critical appraisal of the situation between 1980-1996

Abstract

This dissertation reviews the international human rights situation between 1980 and 1996 in the light of the various wars and armed conflicts which occurred within that period. The ultimate goal of this work is to focus on and to present a critical assessment of, the means of protection, implementation and enforcement of human rights in these conflict situations. These means are identified and evaluated in terms of how effective they have been in practice. Protection and enforcement of human rights is provided for in general (customary and statutory) international law, and more specifically in human rights law. During wars and armed conflicts, international humanitarian law plays a major role in the protection of human rights of the people caught within, or affected by, the fighting. Thus, these three areas of law constitute the main backdrop for this study. In order to ensure that this work may have the contemporary value that is desired, a brief but sharp overview of some human rights crises of the eighties and nineties is made. Recent armed conflicts, states of emergency and wars, civil or international, are referred to. The international action that followed and its success or failure, is traced. A huge distinction lies between "what is provided for in terms of means for human rights implementation and enforcement in theory, and what occurs in practice. Assignment of responsibility must be followed by the necessary action to remedy the grievances of individuals whose rights have been violated. However, the task of enforcing current measures and implementing new ones does not lie in one place alone. Judicial enforcement and implementation of international humanitarian law and human rights through national, regional and international courts, is essential. Yet, judicial measures alone offer insufficient protection. Economic, political and diplomatic pressure by states, and, or international organisations is a very important tool in this area. Furthermore, the need for increased co-operation between all international and national organs is sorely felt. The experience of the current politically turbulent decade proves that international co-ordination of efforts is required in order that a truly effective system for the protection of human rights in armed conflicts can ever exist.