Thinking Aloud
The Security Council, Human Rights and Humanitarian Issues
By Bertrand G. Ramcharan

There has been much discussion of the actual or potential role of the Security Council in dealing with humanitarian emergencies and situations of gross violations of human rights. This essay draws on its practice, with a view to offering a distillation of principles that have emerged in the Council to address such issues.

The practice of the Security Council suggests that the following principles have influenced it in addressing human rights situations:

Threat to international peace and security.
- On 9 November 1996, the Council determined “that the magnitude of the present humanitarian crisis in eastern Zaire constitutes a threat to international peace and security in the region”.

The integration of human rights in conflict resolution.
- In a presidential statement on Georgia, the Council expressed “its support for the Secretary-General’s efforts to find ways of improving the observance of human rights in the region as an integral part of the work towards a comprehensive settlement”. In a similar statement, it stressed “the importance of respect for human rights in Liberia”. In a resolution, it urged “all Liberian parties to cooperate with the peace process, including by respecting human rights and facilitating humanitarian activities and disarmament”. The Council also stressed “the importance of respect for human rights in Liberia, not least in the period leading up to elections, and emphasizes the human rights aspect of the mandate of UNOMIL” [United Nations Observer Mission in Liberia].

In resolution 1217 (1998) of 22 December 1998, the Council reaffirmed its position that a settlement must be based on a State of Cyprus with a single sovereignty and international personality and a single citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities as described in relevant Council resolutions, in a bi-communal and bi-zonal federation, and that such a settlement must exclude union, in whole or in part, with any other country or any form of partition or secession.

Democratic legitimacy.
- In a presidential statement, the Council declared its grave concern “at recent information on political developments in Burundi. It strongly condemns any attempt to overthrow the present legitimate Government by force or coup d’etat”. Likewise, in a resolution, the Council expressed “its support for the resolve of the ECOWAS [Economic Community of West African States] Ministers not to recognize any Government in Liberia that comes to office through the use of force”. In the same vein, it “emphasized that the holding of free and fair elections as scheduled is an essential phase of the peace process in Liberia”. In the case of Sierra Leone, the Council affirmed that it would “continue to support the development of peace and democracy” in that country.

The highest standards of human rights.
- The Council has on various occasions expressly come out in favour of the highest standards of human rights. In a 1996 resolution on Croatia, it reaffirmed “the importance of full compliance by the parties with their commitments as specified in the Basic Agreement to respect the highest standards of human rights and fundamental freedoms and to promote an atmosphere of confidence among all local residents irrespective of their ethnic origin, and in this context urges the Government of the Republic of Croatia to ensure respect for the rights of all national ethnic groups”.

The rights of women.
- On 28 August 1998, the Council, deeply concerned at the continuing discrimination against girls and women and at other violations of human rights and international humanitarian law in Afghanistan, reaffirmed that all parties to the conflict were bound to comply with their obligations under international humanitarian law and in particular the Geneva Conventions of 12 August 1949, and that persons who committed or ordered the commission of grave breaches of the Conventions were individually responsible in respect of such breaches. It urged the Afghan factions “to put an end to the discrimination against girls and women and to other violations of human rights, as well as violations of international humanitarian law and to adhere to the internationally accepted norms and standards in this sphere”.

International humanitarian law.
- The Council has on many occasions underlined “the obligation of all concerned strictly to respect the relevant provisions of international humanitarian law”. It has consistently called upon all parties to the conflict and all others concerned to respect strictly the provisions of international humanitarian law. For example, the Council has “stressed the importance of respect for human rights in Liberia, as well as the need to rehabilitate promptly the penitentiary system in this country”.

In resolution 1216 (1998) of 21 December 1998 on Guinea-Bissau, the Council called upon all concerned, including the Government and the self-proclaimed military junta, to respect strictly relevant provisions of international law, including humanitarian and human rights law, and to ensure safe and unimpeded access by international humanitarian organizations to persons in need of assistance as a result of the conflict.

The duty of the State.
- In a presidential statement on the protection of UN personnel, the Council underlined that “the host country and others concerned must take all appropriate steps to ensure the safety and security of United Nations personnel and premises”.

The duty of all concerned.
- The Council, in a presidential statement on Albania, appealed “to all concerned to refrain from the use of violence and to respect the legitimate institutions and to reach a peaceful solution to the crisis on the basis of democratic principles”. It called upon the parties involved “to continue the political dialogue ... and to live up to the commitment undertaken”, and urged all political forces to responsibly cooperate, in view of lowering tensions, and facilitate the stabilization of the country.

Non-use of violence.
- In a presidential statement on the then Zaire, the Council declared that it was “gravely concerned at the deteriorating situation in the Great Lakes region, in particular eastern Zaire, and at the effect which the continued fighting is having on the inhabitants of the region and condemns all acts of violence. It underlines the urgent need for a comprehensive and coordinated response by the international community to prevent any further escalation of the crisis there.” In one resolution, it reiterated “its condemnation of all acts of violence and its call for an immediate ceasefire and a complete cessation of all hostilities in the region”. In a resolution on Albania, the Council condemned “all acts of violence and calls for their immediate end”. Likewise, in another resolution, it condemned “all acts of violence and calls for an immediate ceasefire and a complete cessation of all hostilities in the region”.

Impunity.
- In a communication to the Secretary-General, the members of the Security Council stated their belief that it was “vital that measures to deal with the problem of impunity should be addressed in the context of a negotiated political settlement in Burundi”.

Minority rights.
- In a presidential statement of 3 July 1996, the Council said it was “deeply concerned at the failure by the Croatian Government to take sufficient measures to safeguard the rights of the local Serb population and to ensure their safety and well-being. The Council is also deeply concerned at the Croatian Government’s failure to promote conditions, including satisfactory procedures, facilitating the return of all Croatian Serbs who wish to do so. The Council strongly deplores such failure to act.”

The Council noted that “the Croatian Government has begun to cooperate with international human rights mechanisms and that it has considered various initiatives for the protection of minority rights. Nevertheless, the Council underlines that the Croatian Government must undertake determined and sustained efforts to ensure respect for the protection of the rights of Croatian Serbs and to provide for their safeguarding in the legal and constitutional framework of the Republic of Croatia, including by the reactivation of the relevant articles of its Constitutional Law.

The Council reminds the Croatian Government that its obligation to promote respect for, and protection of, such rights cannot be made conditional upon other factors, including upon political negotiations with the Federal Republic of Yugoslavia.”

The practice of the Security Council indicates that it may review and investigate any situation from the point of view of the maintenance of international peace and security. It may intercede if:

The situation involves a breach of international peace and security (Powers under the Charter).
- In relation to the then Zaire, the Council determined that “the magnitude of the present humanitarian crisis in eastern Zaire constitutes a threat to international peace and security in the region”.

The humanitarian situation is of such magnitude as to warrant intervention.
- In relation to the situation in Somalia, the Indian representative articulated the principle that “the sheer magnitude of the problem and its continuation constitute a threat to the peace and security of the region. The Somali situation is thus sui generis and ... has eluded conventional solutions.”

The Government requests.
- It is clear that if the Government concerned requests, the Council can respond.

The situation involves a breakdown of governmental authority.
- If there is a total breakdown of government authority, as in Somalia, the Council can clearly act.

The situation involves an international crime, e.g. apartheid.
- The Council vigorously condemned the apartheid system on many occasions.

The situation involves terrorism.
- The Council is on record as having condemned terrorism in general and in particular situations.

The situation involves gross violations of international humanitarian and human rights law.
- On 15 September 1999, in resolution 1264 (1999), the Council expressed “its concern at reports indicating that systematic, widespread and flagrant violations of international humanitarian and human rights law have been committed in East Timor”, and stressed “that persons committing such violations bear individual responsibility”.

The situation involves the protection of humanitarian convoys.
- In relation to the conflict in Bosnia and Herzegovina, the Council acted repeatedly for the protection of humanitarian convoys.

The situation involves the protection of civilians in armed conflict.
- On 19 February 1992, the Council expressed its deep concern about the renewed and rising cycle of violence in southern Lebanon and elsewhere in the Middle East. Its statement read in part as follows: “The members of the Council are deeply concerned about the renewed and rising cycle of violence in southern Lebanon and elsewhere in the region. The Council deplores in particular the recent killings and the continued violence which threatens to claim additional lives and to destabilize the region further. The members of the Council call upon all those involved to exercise maximum restraint in order to bring such violence to an end.”

In a 1998 presidential statement, the Council expressed “its deep concern at the worsening humanitarian situation in Angola” and emphasized the responsibility of the Government of Angola and the leadership of the National Union for the Total Independence of Angola (UNITA) to facilitate humanitarian assistance efforts, guarantee the safety and freedom of movement of humanitarian workers, and permit an independent assessment of the needs of the civilian population, to be carried out swiftly in any part of the country as necessary. The Council also expressed concern at the plight of those most vulnerable groups, such as children, women, the elderly and internally displaced persons, who are particularly at risk and need special protection. It urged the Government of Angola and the leadership of UNITA to ensure full respect for international humanitarian, refugee and human rights law.

In a 1999 presidential statement, the Council expressed its profound concern at the humanitarian impact of the conflict on the Angolan people. It urged the international community to support the Government in fulfilling its primary responsibility for the humanitarian needs of the people, and in this regard urged Member States to fund generously the 1999 Consolidated Humanitarian Appeal for Angola. It called upon all concerned to concur and cooperate with United Nations humanitarian assistance activities, on the basis of the principles of neutrality and non-discrimination, to guarantee the security and freedom of movement of humanitarian personnel and to ensure necessary, adequate and safe access and logistics by land and air. It urged all concerned to cooperate with United Nations human rights activities, which help to lay a basis for lasting peace and national reconciliation.

On 17 September 1999, dealing with the protection of civilians in armed conflict, the Council expressed “its willingness to respond to situations of armed conflict where civilians are being targeted or humanitarian assistance to civilians is being deliberately obstructed, including through the consideration of appropriate measures at the Council’s disposal in accordance with the Charter of the United Nations, and notes, in that regard, the relevant recommendations contained in the report of the Secretary-General”.

The practice of the Security Council is evolving significantly with regard, for example, to its unequivocal condemnation of terrorism and its establishment of international tribunals for dealing with grave breaches of humanitarian and human rights law. The concept of security also is evolving as the Council has sought to grapple with issues such as HIV/AIDS, the protection of civilians and the rights of women. The Council has sought in recent years to integrate human rights into efforts for conflict prevention, peacemaking, peacekeeping and peace-building. All of these demonstrate that through practice, the Council’s work is taking on a significant human rights dimension within the framework of its responsibilities for the maintenance of international peace and security, in accordance with the United Nations Charter.

Bertrand G. Ramcharan has served as Assistant Secretary-General and Deputy United Nations High Commissioner for Human Rights since 1998. He has been Adjunct Professor of International Human Rights Law at Columbia University. Dr. Ramcharan is a Commissioner of the International Commission of Jurists and member of the Permanent Court of Arbitration.