The Yarmouk Camp: Glimpses of IHL and Human Rights Violations

A refugee camp designed as a safe haven for Palestinians, the Yarmouk camp, has become the most awful place on earth. It has been a shadow phase in Yarmouk camp since two years where it has been completely isolated from the rest of the world. Yarmouk camp was the first Palestinian refugee camp in 1957, situated in Damascus, Syria; it’s a gate way to enter into the capital.   As a result of the  Arab – Israeli war, Palestinians took refuge in Yarmouk and currently it is a ground for an armed conflict between Syrian government and the rebels (Free Syrian Army and al - Nusra) who are pro democrats trying to overthrow the authoritarian regime of President  Bashar – al – assad.  As the civil war in Syria spread sporadically, it turned Yarmouk camp into despair. Yarmouk has the most number of civilians trapped, around 18000, where the residents are the prisoners of siege.  Throughout the uprising, the residents of the camp, mainly the Palestinian refugees stayed neutral, this attracted few Syrians who too were neutral in the conflict.

Syrian government surrounded the camp creating siege, thereby cutting off food and humanitarian aid to the civilians in the camp. This created a poignant condition where the civilians had to feed on stray cats and dogs. Recently, ISIL took over 90% of the camp’s territory, brutally beheading and mass killing of Palestinian women, Christians, along with secularists.

There has been an extensive tension inside the Yarmouk camp, between the three rebel groups i.e., the Free Syrian Army, Jabhat al – nusra , and ISIL. This has created a siege inside the siege. This ostensibly attracted the attention of the international community, as it violated both international humanitarian law and international human rights. This captivated the attention of United Nations Relief and Agency work (UNRWA) for Palestine refugees, which was established by the United Nations General Assembly after the Arab – Israel war, specifically for the protection of Palestinian refugees. UNRWA extended the humanitarian aid to the deteriorating humanitarian situation at the camp, which is at the brink of humanitarian catastrophe. Assistance has been extended to both Palestinian and Syrian family but was futile, as the internal rebels specially the ISIS were isolating the civilians to ensure that the UNRWA assistance did not reach them. The convoys were shot during the distribution of food or any other humanitarian aid.

As affirmed by the monist that International humanitarian law and International human rights law co-exist, they have been blatantly breached in Syria.

Basic principle of IHL such as distinguishing between civilians and non – civilians, no direct attack against civilians are severely breached. Argument that the civilians and non civilians are non distinguishable, as it is a civil upraising cannot stand as the civilians of Yarmouk were neutral in their stand. According to Article 50(3) of Additional protocol I of Geneva Convention the presence of non civilians among the civilians do not deprive the population of civilian character.

Further, according to Article 54 of Additional Protocol I of Geneva Convention there is express prohibition on starvation of civilian as a warfare method which is noticeable in this regard. Further, Syria being a signatory of the Chemical Weapon Convention 1993, which obligates them to curtail the use of chemical weapon, which has not been the case here, as Syria has made an overt use of Chemical Weapon (sarin gas) thereby killing 1400 people. 

Syria is a party to the international conventions like ICESR and ICCPR, hence it is under the obligation to maintain the rights of civilians. Unfortunately the basic rights of civilians is candidly taken away by the Syrian government itself.

The discussion on the violation of laws would be continued in the subsequent post.

Priyanka Vaidyanath (4th year student, School of Law, Christ University. She may be contacted at priyanka.vaidyanath@law.christuniversity.in)

Endnotes:

1.  http://www.unrwa.org/crisis-in-yarmouk

2. http://www.theguardian.com/world/2015/apr/10/yarmouk-is-being-annihilated-palestinians-in-syria-are-left-to-their-fate

3.https://www.icrc.org/eng/resources/documents/news-release/2014/02-10-syria-damascus-protection-aids-workers.htm

4. Ruth Abrilstoffels Legal regulation of humanitarian assistance in armed conflict: Achievements and gaps, , IRRC September 2004 Vol. 86 No 855.

5. Yoram Dinstein The Conduct of Hostilities under the Law of International Armed Conflict, Cambridge University, 2004. (https://www.law.upenn.edu/live/files/2921-dinstein-the-conduct-of-hostilities-under-the-law)

FEMINISM IN INTERNATIONAL LAW

Feminism in international law is rooted on various precepts and endeavours to break down the established notions of society. Rather than being women centric, feminism also speaks volumes about the rights of the marginalised. In other words, feminism is a multipronged approach which has its baseline at the societal inequities. In the context of international law, feminist scholars are of the view that international law and international institutions are male centric [i]. They argue that non interference among nation states constitutes a black box of sovereignty [ii] which provides a fertile ground for permeation and continuation of social evils. This non intervention leads to the abuse of vulnerably positioned women especially in the context of the societal framework to which every woman belong. Therefore this concern that international law should address oppression and inequality of women by the feminist advocates has resulted in several discussions and deliberations centered on women, which they consider is starkingly different from the male dimensions of a problem. When the male world centres on global power and security, the female world primarily centres on their safety and means of livelihood. Feminism attains a new dimension in the context of third world which calls for a liberal inclusion of women in the third world countries [iii].  Feminist scholars are breaking into international law arguing that an insouciant attitude cannot be adopted as regards the human rights obligations of international law.

Convention for Elimination of All Forms of Discrimination against Women (CEDAW) is an international instrument which addresses some of the prominent concerns of women in international law. Many legal documents have preceded and succeeded the CEDAW which was adopted in 1979. The Committee on Feminism and International Law (Committee) is a globally recognised platform for discussion of concerns pertaining to protection and independence of women in various countries. The Committee has so far focused on highly specific feminist concerns which results in the exploitation of women in many third world regions. For instance during the 2004 ILA Conference, an interim report was generated which dealt with women and migration and the risks of trafficking of women in such situations. In the words of its rapporteur, the report argues for a gender and broad human rights based approach to trafficking, so that such violent incidents during migration of women can also be regulated [iv].

A working session of the Committee on Feminism and International Law convened in 2014 provides an insight into the varied problems faced by women across nations. The session which saw participation of prominent women legal scholars around the world deliberated on problems inter alia low female participation rates in decision making, occupational segregation, inequalities in remuneration, land ownership facilities, economic violence and its deeper manifestations in the form of reluctance to develop inheritance laws, inequalities in employment, creating reservations to international agreements like CEDAW to uphold the religious system proclaimed and practised in the country [v].

Feminist scholarship has also brought forth effective responses that help to widen our perspectives of feminism in international law. For instance the concept of ‘Governance Feminism’ as propounded by Janet Halley. This term was coined to describe the way in which feminists and feminist ideas have become installed in legal institutional power thereby flaunting the idea of gender legitimacy in international institutions [vi].

The above mentioned is only a minuscule view of feminism in international law. We hope to continue this discussion in the subsequent posts.

Endnotes:

1. Hilary Charlesworth, Christine Chinkin, and Shelley Wright, Feminist Perspectives on International Law, American Journal of International Law, 1991.

2. http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2142&context=facpub

3.http://www.uio.no/studier/emner/jus/jus/JUS5540/h13/undervisningsmateriale/feminist-and-third-world-approaches-to-international-law.pdf

4. Committee on Feminism and International Law, Working Session, April 2014.

5. ILA, Berlin Conference, Committee on Feminism and International Law, 2004.

6.https://www.law.columbia.edu/ipimages/Gender%20and%20Sexuality/Otto%20-%20AFLJ%20Power%20and%20Danger.pdf

THE IDPs OF INDIA & INTERNATIONAL LAW

THE IDPs of INDIA & INTERNATIONAL LAW

Despite India not being a land torn by war or internal armed conflicts, there are numerous persons, who are citizens of India, who have lost their homes for reasons beyond their control. These citizens come under the category of internally displaced persons (“IDPs”). In India thus far, the following four major causes can be attributed to the growth and development of IDPs:

• Causes of a Political Nature, such as the situation in Kashmir.
• Causes that revolve around Identity such as the violence between the Bodo Tribes and non – Bodos in Assam.
• State – wise violence such as was seen amongst the urban populace in Bombay, Coimbatore or Meghalaya.
• Environmental disasters such as the tsunami which rocked the southern states in India (Tamil Nadu especially) and Developmental Activities which resulted in movements such as the Narmada Bachao Andolan being formed to demand Government protection for the IDPs of the Narmada Dam being built.[i]

IDPs are not refugees, as they have not crossed international lines, however international humanitarian laws (“IHL”) do exist for their safety and protection. These laws include:[ii]

• The Guiding Principles on Internal Displacement, which was prepared by the UN Office for the Coordination of Humanitarian Affairs.[iii] These principles are basically a reaffirmation of the rights enumerated under the UDHR regarding life and liberty, freedom from forcible movement, freedom to live a dignified life, from discrimination on any grounds, freedom from arbitrary arrest and detention etc. In addition these Principles also put certain obligations on the States to ensure that there is water and other basic amenities provided. Special protections have been added from Principle 10 – 13 where IDPs should be protected against genocide, rape, mutilation, murder and discrimination.
• The International Committee for the Red Cross has codified IHL into several rules and chapters. Chapter 38 deals with IDPs. Under this IDPs have the right to return to their homes after the conflict or situation has settled. They also have to be ensured hygienic conditions of living with minimum standards of nutrition whilst being displaced. Furthermore Rule 133 states that the property left behind by IDPs remains in their ownership and it must be respected.[iv]

The Refugee Convention[v] and the four Geneva Conventions also bear application to IDPs depending on the reasons for their displacement. India has not signed the Refugee Convention and does not have any institutional framework for protecting the rights of IDPs. Moreover India gives only restricted access to international organizations such as the UNHRC and the ICRC to these troubled areas where IDPs reside, out of fear that humanitarian assistance will become an excuse for foreign interference in local affairs.[vi] More often than not, in India it is the Government who creates IDPs, and therefore in the protection of these IDPs, political motives overshadow the needs of IDPs.

This means that the Government response to IDPs is weak and often half – hearted, leaving India unable to meet its international obligations as well. There is therefore a strong and urgent need for India to implement the international laws that exist for the protection of IDPs. International instruments do exist in this regard, and all of them place the mantle of responsibility of implementation on the States themselves. There is not much scope for any neo – colonialist practices creeping in, as India’s sovereignty is not at stake.

The IDPs of India do have rights under international law. It is time for India to adopt those rights into their domestic laws.

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ENDNOTES:

[i] http://www.fmreview.org/FMRpdfs/FMR08/fmr8.9.pdf

[ii] https://www.icrc.org/en/war-and-law/protected-persons/refugees-displaced-persons

[iii] http://www.ifrc.org/Docs/idrl/I266EN.pdf

[iv] https://www.icrc.org/customary-ihl/eng/docs/v1_cha_chapter38

[v] http://www.unhcr.org/4ca34be29.pdf

[vi] Tanushree Rao, Protecting Internally Displaced Persons, E – International Relations Students, found on: http://www.e-ir.info/2013/07/15/protecting-internally-displaced-persons-in-India/

Small Island Developing States

In the International Law terminology SIDS refers to the Small Island Developing States. SIDS are the islands that are located in the Africa, Indian Ocean, South China Sea, the Caribbean and the Pacific...As per the UN website, the term SIDS collectively refers to around 40 islands that are spread across the aforementioned geographical region and have made their own substantial contribution to the world community. You may be surprised to know that Cuba, Fiji, Kiribati, Haiti, Trinidad&Tobago, Jamaica etc are some of the members of the SIDS.

So what is unique or special about the SIDS? In the 1992, Rio de Janeiro Conference on Environment and Development wherein the SIDS were called for this special status for the first time, the global community accepted that SIDS are a special case of environment and development. SIDS population are known for their innovative and indigenous approach to development and they play a crucial role in the protection of traditional knowledge. 

http://www.un.org/en/events/islands2014/smallislands.shtml The above given link will take you through the important initiatives that has been taken till date towards the protection of the SIDS from environmental hazards. You must have come across an interesting news recently where the island of Kiribati said that their nation acquired land in Fiji in order to shift their population to Fiji in the wake of the deepening environmental crisis http://www.climate.gov.ki/tag/government-of-kiribati/. The SIDS are hugely susceptible to global warming and sea level rise. Many of the member nations fear that they will lose their territories and resources to the inevitable consequences of sea level rise. More details and images of SIDS are available at  http://www.grida.no/publications/msv_tvis/page.aspx?id=4512

Considering the heightening significance surrounding SIDS, the UN General Assembly declared 2014 as the International Year of SIDS to commend these small island nations for their contribution to the world community as well as to work in synergy towards the protection of SIDS. The international year of SIDS also witnessed the 3rd International Conference in Small Island Developing States that was held in Samoa in September 2014. This Conference gave way to the SAMOA (SIDS Accelerated Modalities of Action) Pathway. The theme for this year's conference has been "The sustainable development of small island developing states through genuine and durable partnerships". The SAMOA Pathway goes on to reaffirm the global commitment that were established through the Barbados Action Plan and Mauritius Strategy towards enhancing sustainable development of SIDS. Paragraph 24 of the SAMOA Pathway produces the concise version of the commitment that was entered into.

 As it is vitally important to support the efforts of small island developing States to build resilient societies and economies, we recognize that beyond the rich ecosystems of those States, people are their greatest resource. In order to achieve sustained, inclusive and equitable growth with full and productive employment, social protection and the creation of decent work for all, small island developing States, in partnership with the international community, will seek to increase investment in the education and training of their people. Migrants and diaspora communities and organizations also play an important role in enhancing development in their communities of origin. Sound macroeconomic policies and sustainable economic management, fiscal predictability, investment and regulatory certainty, responsible borrowing and lending and debt sustainability are also critical, as is the need to address high rates of unemployment, particularly among youth, women and persons with disabilities.

The participants at the Conference have also emphasised on the concept of sustainable tourism through agritourism, ecotourism and cultural tourism and enhanced community participation. Further, towards a better regulatory mechanism to tackle climate change, the SAMOA Pathway calls for the following measures. 

(a) To build resilience to the impacts of climate change and to improve their adaptive capacity through the design and implementation of climate change adaptation measures appropriate to their respective vulnerabilities and economic, environmental and social situations;

(b) To improve the baseline monitoring of island systems and the downscaling of climate model projections to enable better projections of the future impacts on small islands;

(c) To raise awareness and communicate climate change risks, including through public dialogue with local communities, to increase human and environmental resilience to the longer-term impacts of climate change;

(d) To address remaining gaps in capacity for gaining access to and managing climate finance.

The SAMOA Pathway is a useful read for all those who are interested in further details about SIDS. The document incorporates the developments in the field since Rio de Janeiro and covers a good fraction of the multitudinal concerns pertaining to SIDS ranging from trade and sustainable transportation to poverty eradication, women empowerment and gender equality. You can find the complete text here.http://www.sids2014.org/index.php?menu=1537. The concerns surrounding SIDS was deliberated in detail in the recently concluded General Debate for the 69th UN General Assembly also.

 

Preface

Hello All,

It is unusual to have a preface for a blog. SLCU-PIL has been created with the intention of sharing e-materials on facets of public international law. We also hope to trigger discussions here on the contemporary issues in international law so that we travel beyond the books to identify the significance of this subject. We hope that this blog would be a forum for interaction and discussions.