This article has been written by Ms. Krisha Rawal, a 2nd year student of NMIMS Kirit P. Mehta School of Law, Mumbai.

Abstract

The Security Council’s responsibility in protecting civilians during armed conflicts is critical but complicated. The article investigates the Council’s effectiveness in carrying out its mandate under international law to protect people. It examines the Council’s strategy from its founding to current practices, highlighting obstacles and triumphs. This study looks at the Council’s mechanisms, such as peacekeeping missions, penalties, and resolutions intended at protecting civilians. It assesses the Council’s capacity to react swiftly and effectively to crises, taking into account elements that include the political environment, regional interests, and operational capability limits. Furthermore, the article looks at the Council’s interactions with major stakeholders like as its member nations, regional agencies, and non-state entities. It dives into case studies to show examples of productive and ineffective responses, as well as patterns and lessons learnt. The article sheds insight on the Security Council’s influence on safeguarding civilians by blending scholarly perspectives and actual facts. It intends to contribute to current debates about how to improve the Council’s competence in carrying out its responsibility to protect citizens during armed conflicts.

Introduction

The United Nations Security Council is a major figure in global affairs, tasked with the difficult responsibility of preserving world peace and security. Among the Council’s most important tasks is the protection of civilians caught up in the midst of armed conflicts, a mission emphasized by international humanitarian law and inscribed in the Council’s fundamental principles. Since its inception, the Council has struggled with the complexity of minimizing civilian casualties throughout conflicts, adapting its techniques and approaches to the altering dynamics of warfare. This apex body has used a variety of measures over the years, including peacekeeping missions, penalties, and resolutions, to preserve its commitment to protecting civilians from the horrors of conflict. 

However, the Council’s efforts have frequently run into difficulties, ranging from political differences among its permanent participants to limitations in ground enforcement powers. The interaction of international concerns and conflicting national agendas has delayed rapid and decisive action at times, leaving civilians susceptible in crisis zones. This investigation digs into the many facets of the Council’s involvement in citizen protection, evaluating its methods and answers. It aims to assess the Council’s accomplishments, malfunctions, and opportunities for development in carrying out its mandate to protect people in armed conflicts. 

Furthermore, this investigation delves into the Council’s relationships with a wide range of stakeholders, including member nations, regional entities, and non-state actors, recognizing their responsibilities in defining the setting of civilian protection operations. This examination intends to shed light on the Security Council’s path in protecting civilians and to offer recommendations for enhancing its effectiveness in minimizing civilian suffering amid armed conflicts by blending historical insights, scholarly assessments, and empirical facts.

International Laws applicable protection of civilians during armed conflicts

Various international laws and legal structures have been developed particularly to safeguard people during armed situations. Among the key statutes and principles are:

1. The Geneva Conventions: The Geneva Conventions are a group of four treaties (plus extra protocols) that establish international humanitarian law (IHL) norms for the care and treatment of civilians as well as inmates of war during armed conflicts. They explain battlefield measures for wounded and sick soldiers as well as standards for respectful treatment of individuals, such as facilities for basic requirements, medical care, and protection from aggression.
2. Additional Protocols to the Geneva Conventions: Additional Protocols I and II supplement the Geneva Conventions’ protections. Protocol I address victim protection during worldwide armed conflicts, while Protocol II addresses civilian protection in local armed conflicts.
3. The Convention on the Rights of the Child (CRC): It addresses children’s rights and includes specific protections for children affected by armed situations. It underlines the importance of safeguarding children against violence, abuse, and recruiting as child soldiers.
4. The International Criminal Court’s (ICC) Rome Statute: The International Criminal Court (ICC) has the authority to prosecute people for committing war crimes, crimes towards mankind, and genocide. This establishes a structure for holding persons accountable for crimes against civilians perpetrated during armed wars.
5. Resolutions of the United Nations Security Council: The UNSC can pass resolutions that particularly address the protection of people in conflict zones. These resolutions can authorize peacekeeping missions, create safe zones, impose punishment on perpetrators of atrocities, and request humanitarian access.
6. Customary International Humanitarian Law: In addition to accords and norms, customary international law comprises of commonly established norms that are legally obligatory. Customary law covers ideas such as distinguishing between combatants and civilians, prohibiting assaults on citizens and private property, and the obligation to offer humanitarian aid.
7. International Refugee Law: Protocols like the 1951 Refugee Convention and its 1967 Protocol provide the rights of refugees and place nations under obligations to protect and assist them, particularly in times of armed conflict.

These legal frameworks strive to prevent civilian suffering during armed conflicts, protect their rights, and hold those who knock down established guidelines and tenets of international humanitarian law accountable.

Analyzing the Success & Failure of UNSC in protecting civilians during armed conflicts

Case Study of Sierra Leone:

The humanitarian response in Sierra Leone in the late 1990s is one crucial case study demonstrating the UN Security Council’s (UNSC) success in safeguarding people during armed conflict. Sierra Leone was embroiled in a terrible civil war marked by widespread atrocities such as mutilations, assassinations and compulsory military service of young soldiers. Significant civilian losses and suffering ensued from the fighting. As the situation deteriorated, the Security Council undertook key actions to handle the problem. The UN Security Council sanctioned the launch of the United Nations Mission in Sierra Leone (UNAMSIL) in 1999, with a strong mission to protect civilians. This operation sought not only to promote peace talks, but also to protect citizens trapped in the combat.

The deployment of UNAMSIL was a historic moment. Peacekeeping forces were deployed to disarm rebel groups, restore governmental authority, and create a stable atmosphere favorable to public safety. It actively participated in the protection of citizens, the provision of humanitarian aid, and the reestablishment of government agencies. The UN Security Council’s permission of UNAMSIL was supported by a specific mission that prioritized civilian safety. This enabled a comprehensive strategy that linked military interventions with civilian protection methods, such as the creation of refugee camps and relief corridors. UNAMSIL successfully contributed to the stabilization of the situation, aiding the disarmament process, and considerably reducing violence against civilians through active engagement and coordination with regional authorities and international partners. Its initiatives resulted in fewer conflict-related casualties and better circumstances for citizens throughout Sierra Leone.

This case study depicts a successful occurrence in which the UN Security Council, by authorizing a peacekeeping deployment with a heavy emphasis on civilian protection, achieved substantial progress in limiting the harm caused on civilians during a period of war. The distinct mandate, effective force deployment, and collaborative strategy were critical in accomplishing this outcome, highlighting the need of a diversified approach in safeguarding civilians during crisis circumstances.

Case Study of Genocide in Rwanda:

The Rwandan genocide in 1994 is one of the most frequently cited examples of the United Nations Security Council’s failure to appropriately safeguard people during an armed war. Within a 100-day period, the Rwandan conflict resulted in the massacre of approximately 800,000 Tutsis and moderate Hutus. Despite early warning indications of increasing tensions and the prospect of genocide, the UN Security Council failed to take significant measures to prevent or stop the killings. There were strong symptoms of an oncoming humanitarian disaster in the run-up to the genocide, such as claims of weapon expansion, racist remarks in the media, and targeted brutality towards Tutsis and moderate Hutus. Regardless of these alerts, the Security Council failed to respond sufficiently.

The United Nations Assistance Mission in Rwanda (UNAMIR), tasked with assisting in the execution of the Arusha Agreements with the goal of resolving the war in Rwanda, was under-equipped and understaffed. When the genocide began, the Security Council was hesitant to bolster UNAMIR or take immediate action to stop the slaughter. Political differences among the Security Council’s permanent members, concerns over mandate scope, and an absence of political drive among member nations inhibited efficient decision-making. Furthermore, memories of earlier disastrous operations in Somalia and Bosnia contributed to a reluctance to participate decisively. 

The failure of the UN Security Council to respond quickly and decisively to the genocide in Rwanda is a stark reminder of the council’s inadequacies in averting mass crimes and safeguarding civilians during armed conflicts. Inadequate resources allotted to the peacekeeping effort, as well as political hesitation, all contributed to the terrible loss of life. This terrible episode emphasizes the essential need of the Security Council acting quickly and decisively in the face of impending humanitarian crises. It acts as a reminder of the importance of quick reactions, international coordination, and a collective resolve to give priority to civilian protection over political concerns in armed conflicts.

Scope of improvement for UNSC

Improving the efficiency of the United Nations Security Council (UNSC) in safeguarding people during armed conflicts necessitates a diversified strategy. Here are some possible steps that UNSC could take:

• Enhancing Mandates: Ensuring that UN Security Council directives for peacekeeping activities expressly prioritize civilian safety. Regulations should be clear, attainable, and robust, giving peacekeepers the authority and resources, they need to protect people.
• Improved Training and Skill Building: Provide thorough training on humanitarian protection, rights of humanity, and conflict resolution to peacekeeping forces. Building peacekeeper capacity can better prepare them to deal with difficult circumstances as well as react efficiently to protect civilians.
• Early Warning Systems: Create and deploy advanced early warning systems in order to identify and react to potential civilian threats. Preventing conflicts from turning into humanitarian disasters is possible with this proactive strategy.
• Transparency and Compliance: Strengthen systems for holding atrocity perpetrators accountable for their actions against civilians. Promoting the International Criminal Court’s operations, implementing targeted penalties, and providing justice for survivors of war crimes and genocide are all part of this.
• Collaboration with Regional Agencies: Strengthen coordination between the UN Security Council and regional organizations. Regional entities frequently have a greater awareness of regional dynamics and can supplement the UN Security Council’s efforts to safeguard people in conflict zones.
• Interaction with Non-State players: Look into ways to positively interact with non-state players, such as militant groups and non-governmental organizations, in order to uphold the principles of international humanitarian law and motivate them to defend civilians.
• Enhanced Access for Humanitarian Relief: Promote and guarantee secure, unhindered relief entry to impacted communities. Negotiating access with rival groups and enabling the delivery of help to civilians in need are examples of this.
• Gender-Aware techniques: Incorporate gender-aware techniques into protection strategies. Acknowledge and resolve the unique vulnerabilities that women, children, and other marginalized groups experience in times of war.
• Unanimous and Coherent Action: Getting over political differences and make sure the UNSC acts in an orderly, timely manner. This entails putting civilian protection ahead of political goals and responding quickly to impending crises.
• Frequent Assessment and Adaptation: Evaluate and adapt strategies on a regular basis based on lessons acquired from previous missions and conflicts. This iterative procedure provides for continuous enhancement in the UN Security Council’s approach to civilian protection.

Adopting these measures would necessitate coordinated efforts by member states, collaboration among varied stakeholders, and a true commitment to prioritizing civilian safety and well-being in armed conflicts.

Conclusion

The United Nations Security Council (UNSC) bears a significant burden in safeguarding people during warfare, an obligation inscribed in international law and basic humanitarian principles. Throughout its history, the Security Council has trekked through the treacherous terrain of worldwide crises, striving to reduce the heinous impact that armed conflicts impose on innocent lives. Recognizing the inherent risk of individuals caught in the crossfire is key to the Council’s efforts. Its efforts have tried to limit human suffering through resolutions, peacekeeping deployments, and diplomatic engagements, but the complexity of wars has provided continuing obstacles to these endeavors. An examination of the Council’s previous efforts in civilian protection indicates a range of outcomes. 

Success stories, such as initiatives that stopped large-scale violence and permitted humanitarian relief, demonstrate the Security Council’s possible role in easing civilian suffering. In contrast, instances of passivity or delayed response, such as those observed in catastrophes such as the Rwandan genocide, highlight the limitations and failings that impede successful civilian protection measures. The UN Security Council faces numerous challenges in carrying out its responsibility to protect people. Political differences among member nations, competing national interests, and issues about sovereignty can obstruct prompt and decisive action. Furthermore, the shifting character of disputes from irregular conflict to the participation of non-state actors, poses dynamic difficulties that necessitate imaginative and flexible responses. 

The UN Security Council’s goal to safeguard citizens during armed conflicts requires a comprehensive and sophisticated strategy as the global situation evolves. It necessitates a firm commitment to respecting international humanitarian law as well as the ideals of mankind, impartiality, and neutrality. The imperative is not just to analyze past accomplishments and mistakes, but also to build a collective determination to prioritize civilian safety over political reasons. This includes acknowledging the inherent worth and humanity of persons affected by conflicts, regardless of physical borders or geopolitical interests. As the Security Council struggles with the difficulties of an ever-changing world, one imperative remains constant: to enhance and improve its attempts at collaborating diligently to ensure that civilians, who are extremely susceptible during disputes, are protected from the wrecks of warfare and provided the safety that they inherently deserve.

References

1. This article was originally published on the UN official website. The link for the same is herein. https://peacekeeping.un.org/en/protection-of-civilians-mandate
2. This article was originally published on the website herein “UN Documents for Protection of Civilians: Security Council Resolutions. (n.d.). https://www.securitycouncilreport.org”
3. This article was originally written by Klaus Wiersing published on www.jstor.org. The link for the same is herein. “Protection of Civilians in armed conflict” https://www.jstor.org/stable/45054559
4. This article was originally written by Geraldin Van Bueren published on www.jstor.org. The link for the same is herein. “The International Legal Protection of Children in Armed Conflicts” https://www.jstor.org/stable/761002
5. This article was originally written by Ali Haj Suleiman published on the website of UNOCHA. The link for the same is herein. “Protection of civilians.” https://www.unocha.org/protection-civilians
6. This article is anonymously written and published on the website herein. “Protection of civilians in armed conflict | Switzerland’s seat in the Security Council 2023-2024.” https://www.aplusforpeace.ch/protection-civilians-armed-conflict
7. This is article is originally an EU Statement – “UN Security Council: Open debate on Protection of Civilians in Armed Conflict”. The link for the same is herein. https://www.eeas.europa.eu/delegations/un-new-york/eu-statement.
8. This article was originally written by Daniel Mahanty published on the website of. Centre for Civilians in Conflict. The link for the same is herein “Protecting Civilians in Conflict – Hard Lessons” https://civiliansinconflict.org/blog/protecting-civilians-in-conflict-hard-lessons/
9. This article is anonymously written and published on the website of Ghana Permanent Mission to the United Nations. The link for the same is herein. “Security Council Debate on Protection of Civilians in Armed Conflict” https://www.ghanamissionun.org/debate-on-protection-of-civilians-in-armed-conflict
10. This article was originally written by Vercken, Nicholas, Cooper & Hannah published on the website of Oxfam Policy & Practice. The link for the same is herein. “Protection of Civilians in 2010: Facts, Figures, and the UN Security Council’s response” https://policy-practice.oxfam.org/resources/protection-of-civilians-in-2010-facts-figures-and-the-un-security-councils-resp-129339/