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The United Nations Human Rights Council

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The United Nations Human Rights Council is an inter-governmental body that holds the duty of upholding and advancing the promotion and protection of human rights and civil liberties around the globe, as well as address scenarios of human rights violations and make recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year.
The Council was created by the United Nations General Assembly on 15 March 2006 by resolution 60/251, thus replacing the former United Nations Commission on Human Rights. It is made up of 47 member nations which have the obligation to review and reflect on various proposals pertaining human rights.
Introduction to Topic
Key Terms …show more content…

The Government has taken measures to provide compensation on an ad hoc basis, but it has not sufficiently addressed issues such as land restitution, resettlements, the needs of women, children, and the elderly as well as medical and psychosocial support for victims.

South Sudan War
(2011 – present)
A report from the OHCHR had reported that the scorched earth policy that was practiced by the South Sudanese government included a multitude of horrendous human rights violation including mass murder and rape in lieu of wages. More than 1,300 reports of rape were reported in just one of South Sudan’s ten states.
An African Union commission of inquiry previously found that women of all ages were also raped and people were beaten before being burned alive.
In the 12 months to November 2015, there were an estimated 10,553 civilian deaths in Unity State, 7,165 of them due to violence and 829 caused by drowning.

Past UN Action
Resolution 2139, to end to the practices of arbitrary detention, disappearance, and abductions, by the UN Security …show more content…

(http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/s_res_2271.pdf)

Report on “the situation in Abyei”, by the Secretary-General.
(http://reliefweb.int/sites/reliefweb.int/files/resources/N1535531.pdf)

Questions to Think About
Military necessity is one of the three principles of international humanitarian law governing the legal use of force in an armed conflict. However, military necessity can be construed as that of what executors of the scorched earth policy are carrying out. Therefore, could the scorched earth policy be deduced as a ‘legitimate military target’ that is governed under Article 52, Protocol I to the Geneva Conventions, or is it unjustified?

In light of violations, should military personnel who committed the offence be held liable or should the government be vicariously liable?

Considering that these countries are under war and have no structure to their administrative governance in the country, what would be the right course of action that should be taken if the governments themselves are held

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