Human rights violations in the context of "Municipal law"

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⭐ Core Definition: Human rights violations

Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education.

While ideas related to human rights predate modernity, the modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity, freedom, and justice. The Universal Declaration of Human Rights (UDHR) has since inspired numerous international treaties and national laws aimed at promoting and protecting human rights worldwide.

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In this Dossier

Human rights violations in the context of Humanitarian intervention

Humanitarian intervention is the use or threat of military force by a state (or states) across borders with the intent of ending severe and widespread human rights violations in a state which has not given permission for the use of force. Humanitarian interventions are aimed at ending human rights violations of individuals other than the citizens of the intervening state. Humanitarian interventions are only intended to prevent human rights violations in extreme circumstances. Attempts to establish institutions and political systems to achieve positive outcomes in the medium- to long-run, such as peacekeeping, peace-building and development aid, do not fall under this definition of a humanitarian intervention.

There is not one standard or legal definition of humanitarian intervention; the field of analysis (such as law, ethics or politics) often influences the definition that is chosen. Differences in definition include variations in whether humanitarian intervention is limited to instances where there is an absence of consent from the host state; whether humanitarian intervention is limited to punishment actions; and whether humanitarian intervention is limited to cases where there has been explicit UN Security Council authorization for action. Nonetheless, there is a general consensus on some of its essential characteristics:

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Human rights violations in the context of Guatemalan Civil War

The Guatemalan Civil War was fought from 1960 to 1996 between the government of Guatemala and various leftist rebel groups. The Guatemalan government forces committed genocide against the Maya population of Guatemala during the civil war and there were widespread human rights violations against civilians. The context of the struggle was based on longstanding issues over land distribution. Wealthy Guatemalans, mainly of European descent, and foreign companies like the American United Fruit Company had control over much of the land leading to conflicts with the rural, disproportionately indigenous, peasants who worked the land.

Democratic elections in 1944 and 1951 which were during the Guatemalan Revolution had brought popular leftist governments to power, who sought to ameliorate working conditions and implement land distribution. A United States-backed coup d'état in 1954 installed the military regime of Carlos Castillo Armas to prevent reform. Armas was followed by a series of right-wing military dictators.

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Human rights violations in the context of Abu Ghraib torture and prisoner abuse

During the early stages of the Iraq War, members of the United States Army and the Central Intelligence Agency were accused of a series of human rights violations and war crimes against detainees in Abu Ghraib prison in Iraq. These abuses included physical abuse, sexual humiliation, physical and psychological torture, and rape, as well as the killing of Manadel al-Jamadi and the desecration of his body. The abuses came to public attention with the publication of photographs by CBS News in April 2004, causing shock and outrage and receiving widespread condemnation within the United States and internationally.

The George W. Bush administration stated that the abuses at Abu Ghraib were isolated incidents and not indicative of U.S. policy. This was disputed by humanitarian organizations including the Red Cross, Amnesty International, and Human Rights Watch, who claimed the abuses were part of a pattern of torture and brutal treatment at American overseas detention centers, including those in Iraq, in Afghanistan, and at Guantanamo Bay (GTMO). After 36 prisoners were killed at Abu Ghraib in insurgent mortar attacks, the United States was further criticized for maintaining the facility in a combat zone. The International Committee of the Red Cross reported that most detainees at Abu Ghraib were civilians with no links to armed groups.

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Human rights violations in the context of March 23 Movement

The March 23 Movement (French: Mouvement du 23 mars), often abbreviated as M23 and also known as the Congolese Revolutionary Army (Armée révolutionnaire du Congo), is a Congolese Rwandan-backed rebel paramilitary group. Based in the eastern regions of the Democratic Republic of the Congo, it operates mainly in the provinces of North Kivu and South Kivu, which border Uganda and Rwanda. M23 is the principal member of the Congo River Alliance, a coalition of rebel groups in eastern DRC.

M23 was established in 2012 by former members of the National Congress for the Defence of the People (CNDP), a Rwandan-backed rebel group largely composed of Rwandan-Congolese fighters. These combatants had previously integrated into the Armed Forces of the Democratic Republic of the Congo (FARDC) under the terms of a 2009 peace agreement, which also called for the transformation of the CNDP into a political party, reintegration of refugees, and incorporation of CNDP personnel into government roles. However, local opposition to the CNDP's leadership, accused of past human rights violations, impeded the full implementation of the agreement. On 6 May 2012, a group of these ex-CNDP fighters mutinied, forming M23 and citing the government's failure to uphold the peace accord. The group launched strikes during its first rebellion against the Congolese government that led to the displacement of large numbers of people. On 20 November 2012, M23 took control of Goma, the capital of North Kivu with a population of a million people, but was persuaded to withdraw from the city by the International Conference on the Great Lakes Region (ICGLR) because the Congolese government had finally agreed to negotiate with the rebel group. In late 2012, Congolese troops, along with UN peacekeeping troops, retook Goma, and the M23 announced a ceasefire and said that it wanted to resume peace talks.

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Human rights violations in the context of Dawei Port Project

The Dawei deep-sea port and special economic zone (Dawei SAR), is an infrastructure project in Burma. Construction started but was suspended in 2013. Plans to resume construction were announced in August 2015. It is in Dawei, the capital of the Tanintharyi Region. It aims to transform Dawei into Myanmar's and Southeast Asia's largest industrial and trade zone. It aims to develop local businesses, provide local employment opportunities, and stimulate the construction of infrastructure. It is notable for its tumultuous history, as many financial and human rights violations have arisen during the project's history. If completed, it will be the largest industrial zone in Southeast Asia.

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Human rights violations in the context of Lord's Resistance Army insurgency

The Lord's Resistance Army insurgency is an ongoing conflict between the Lord's Resistance Army (LRA), a Ugandan militant religious extremist group, against the government of Uganda. Following the Ugandan Civil War, militant Joseph Kony formed the Lord's Resistance Army and launched an insurgency against the newly installed President Yoweri Museveni. The stated goal was to establish a Christian state based on the Ten Commandments. Currently, there is low-level LRA activity in eastern areas of the Democratic Republic of the Congo and the Central African Republic. Kony proclaims himself the 'spokesperson' of God and a spirit medium.

The insurgency has become one of Africa's longest conflicts and has resulted in a lasting humanitarian crisis. The LRA has been accused by the International Criminal Court of widespread human rights violations, including mutilation, torture, slavery, rape, the abduction of civilians, the use of child soldiers, and a number of massacres. By 2004, the LRA had abducted more than 20,000 children, caused the displacement of 1.5 million civilians, and killed an estimation of 100,000 civilians.

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Human rights violations in the context of AFDL

The Alliance of Democratic Forces for the Liberation of Congo (French: Alliance des Forces Démocratiques pour la Libération du Congo), also known by the French acronym AFDL, was a coalition of armed movements and political organizations composed of Rwandan, Ugandan, Burundian, and Congolese dissidents, and various disaffected ethnic and political groups. Formed on 18 October 1996, the AFDL launched a military campaign that culminated in the overthrow of President Mobutu Sese Seko and the ascension of Laurent-Désiré Kabila to power in May 1997, which then marked the end of the First Congo War. Although the group was successful in overthrowing Mobutu, the alliance fell apart after Kabila did not agree to be dictated by his foreign backers, Rwanda and Uganda, which marked the beginning of the Second Congo War in 1998.

Members of the AFDL and their allied forces were responsible for widespread and systematic human rights violations, including extrajudicial executions, massacres of unarmed civilians and refugees, arbitrary detentions, "disappearances", and acts of torture and sexual violence. These abuses, often condoned or directed by political and military leaders within the movement, were committed with near-total impunity, as many perpetrators later assumed positions of authority in the new government. Amnesty International and other organizations also condemned the international community's inaction, noting that the United Nations Secretary-General's Investigative Team (SGIT) confirmed that AFDL and the Rwandan forces had committed atrocities amounting to serious violations of international humanitarian law, some potentially constituting genocide, but the UN Security Council failed to take adequate measures in response.

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Human rights violations in the context of Second Chechen War crimes and terrorism

Human rights violations were committed by the warring sides during the second war in Chechnya. Both Russian officials and Chechen rebels have been regularly and repeatedly accused of committing war crimes including kidnapping, torture, murder, hostage taking, looting, rape, decapitation, and assorted other breaches of the law of war. International and humanitarian organizations, including the Council of Europe and Amnesty International, have criticized both sides of the conflict for blatant and sustained violations of international humanitarian law.

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