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The Geneva Conventions at 70: More enforcement needed by Red Cross, Deutsche Welle, agencies Aug. 2019 The Geneva Conventions at 70: More enforcement needed, by Martin Kuebler. (Deutsche Welle) The Geneva Conventions, the foundation of international humanitarian law, were adopted 70 years ago in the aftermath of World War II. With the changing nature of warfare and modern challenges, are they still effectve? In 2019, seven decades after the adoption of the Geneva Conventions, the treaties that "contain the most important rules limiting the barbarity of war," according to the International Committee of the Red Cross, but they don't appear to be limiting much of anything. In the eight years of Syria's brutal civil war, military forces, "have been deliberately targeting civilians and civilian institutions in areas held by the armed opposition," said Kenneth Roth, executive director of Human Rights Watch, calling it a "blatant affront to the Geneva Conventions." In Yemen, the Saudi-led coalition has been "repeatedly bombing civilian targets [hitting] funerals, markets, mosques and even a school bus." And the treatment of the Muslim Rohingya minority by Myanmar's army characterized by Amnesty International in May as "extrajudicial executions, arbitrary arrests, torture and other ill-treatment and enforced disappearances" is, in essence, "ethnic cleansing," Roth said. And these events, all serious breaches of international humanitarian law under the norms set out by the Geneva Conventions, are hardly the only examples dominating the headlines. Helen Durham, a former human rights lawyer and director of humanitarian law and policy at the International Committee of the Red Cross (ICRC), agreed that her organization "regularly" sees violations of the conventions in the world's most dangerous places, "and we acknowledge that it's unacceptable." But "just because the law is broken doesn't make it less relevant," said Durham. "There are many, many cases where the laws of war actually make a huge difference and actually do provide dignity and humanity in war." Protection from the horrors of the warThe Geneva Conventions, four international treaties that aim to protect people not involved in conflict - civilians, medics, prisoners of war and soldiers who can no longer fight were adopted on August 12, 1949 after lengthy deliberations. The original Geneva Convention, which covered the "amelioration of the condition of the wounded in armies in the field," was first adopted in 1864 following a proposal by Henry Dunant, the founder of the ICRC. In the years leading up to World War II, the ICRC drafted additional treaties that would expand protections for civilians caught up in combat, but governments refused to commit. The result: civilians had no specific international treaty to protect them from the horrors of the war, which ultimately killed tens of millions of people. In response, world powers, with the terrible atrocities of the war fresh in their minds agreed to revise and update the conventions, adding a fourth to protect civilians and property during times of conflict. Another significant revision came in 1977 with the addition of two protocols, strengthening protections for victims of international and internal armed conflicts, including civil wars. To date, the conventions have been ratified by 196 countries, including all UN member states and observers like Palestine, the latest to back the conventions in 2014. Over the decades, said Durham, the conventions have been supplemented by "a vast expansion and updating" of specific treaties that relate to weapons, with international agreements banning antipersonnel land mines, chemical weapons and cluster bombs, among others. And Durham said "new challenges," like cyberwarfare, autonomous weapons and artificial intelligence, as well as calls to consider the environmental damage of war, will increasingly play a role in future developments. Today, grave cases like Syria and Myanmar may seem to point to the contrary, but there are actually only a handful of places around the world where the Geneva Conventions aren't being observed. "We are not talking about a global disrespect and pattern of disrespect," said ICRC President Peter Maurer in speech at the Centre for Strategic and International Studies in Washington in May, highlighting the "hundreds and thousands of situations where the law is respected." "When a wounded person is allowed through a checkpoint, when a child on the front lines receives food and other humanitarian aid, when the conditions of detainees are improved or when they can receive contact with their families, we know that international humanitarian law is also respected," he said. "Nobody really challenges the essence of the Geneva Conventions," Roth, of Human Rights Watch, told DW. "Nobody claims that it's OK to target civilians, that it's OK to fire indiscriminately. These are basic norms, basic prohibitions that are understood universally to constitute war crimes, if violated." Durham says the law itself is very clear and "doesn't need to be updated." She acknowledges a need for "more political pressure, globally, on all parties in conflicts," to ensure the law is being applied. The problem today, Roth agreed, isn't with ambiguity or a lack of specification in the rules. Instead, he said, it lies with governments ignoring the rules, and a lack of enforcement and international oversight. Roth pointed out that frequently, national governments can be reluctant to hold their own war criminals to account. But, he said, the international community has been finding ways around those loopholes, to bring those who violate the treaties to account. "The emergence of international tribunals like the International Criminal Court [in 2002] is one answer to that problem," Roth explained. "Syria has presented a real challenge given the scope of the atrocities, it would be natural to send Syria to the International Criminal Court. But that process has been blocked by the Russian and, at times, the Chinese veto in the UN Security Council and it has been necessary to come up with other routes to accountability." One such route, he added, has been through the UN General Assembly, where there is no veto which, in 2016, voted overwhelmingly to create an impartial international unit to investigate the violations in Syria, "basically a prosecutor for Syrian war crimes without a tribunal." In addition, a number of European countries have also decided to make use of a principle in international law known as universal jurisdiction to begin prosecuting war criminals abroad, in place of reluctant national authorities. "Germany and France have actually been at the forefront of pursuing Syrian war criminals," said Roth. "Frankly, there is no other alternative at the moment." http://www.dw.com/en/geneva-conventions-at-70-more-enforcement-needed/a-49930215 http://www.hrw.org/news/2019/08/12/civilian-casualties-mount-indiscriminate-fighting-yemen http://reliefweb.int/report/syrian-arab-republic/increasing-airstrike-casualties-syria-being-ignored-bachelet http://reliefweb.int/report/world/joint-statement-22-ngos-call-action-strengthen-protection-civilians-armed-conflict http://www.icrc.org/en/document/geneva-conventions-turn-70 http://www.icrc.org/en/document/5-myths-about-geneva-conventions-they-turn-70 http://www.icrc.org/en/war-and-law/contemporary-challenges-for-ihl/respect-ihl Visit the related web page |
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Combating violence and harassment in the world of work by International Labour Organization, ITUC, agencies June 2019 A new Convention and accompanying Recommendation to combat violence and harassment in the world of work have been adopted by the International Labour Conference (ILC). The Violence and Harassment Convention, 2019, and Violence and Harassment Recommendation, 2019, were adopted by delegates on the final day of the Centenary International Labour Conference, in Geneva. The Convention recognizes that violence and harassment in the world of work can constitute a human rights violation or abuse is a threat to equal opportunities, is unacceptable and incompatible with decent work. It defines violence and harassment as behaviours, practices or threats that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm. It reminds member States that they have a responsibility to promote a general environment of zero tolerance. The new international labour standard aims to protect workers and employees, irrespective of their contractual status, and includes persons in training, interns and apprentices, workers whose employment has been terminated, volunteers, job seekers and job applicants. It recognizes that individuals exercising the authority, duties or responsibilities of an employer can also be subjected to violence and harassment. The standard covers violence and harassment occurring in the workplace; places where a worker is paid, takes a rest or meal break, or uses sanitary, washing or changing facilities; during work-related trips, travel, training, events or social activities; work-related communications (including through information and communication technologies), in employer-provided accommodation; and when commuting to and from work. It also recognizes that violence and harassment may involve third parties. ILO Director-General Guy Ryder welcomed the adoption. 'The new standards recognize the right of everyone to a world of work free from violence and harassment', he said. 'The next step is to put these protections into practice, so that we create a better, safer, decent, working environment for women and men', said Manuela Tomei, Director of the ILO's Workquality Department. 'Without respect, there is no dignity at work, and, without dignity, there is no social justice. This is the first time that a Convention and Recommendation on violence and harassment in the world of work have been adopted. We now have an agreed definition of violence and harassment. We know what needs to be done to prevent and address it, and by whom'. This is the first new Convention agreed by the International Labour Conference since 2011, when the Domestic Workers Convention, 2011 was adopted. Conventions are legally binding international instruments, while Recommendations provide advice and guidance. Sharan Burrow, General Secretary of the International Trade Union Confederation (ITUC) said: 'More than 800 million women have experienced some form of violence and harassment, ranging from physical assault to verbal abuse, bullying and intimidation. #MeToo and similar movements have helped expose the scale of the problem in the world of work, encouraging women to speak out and demand justice'. 'Whilst women are overwhelmingly and disproportionately affected, men are not immune. And discrimination against certain groups exacerbates violence and harassment. No sector, whether formal or informal, public, private or voluntary is untouched'. Violence and harassment at work can come from managers, supervisors, co-workers, customers and clients. It can happen at the physical workplace, at work-related social events or training, whilst getting to and from work, or anywhere the worker is required to be because of her or his work. Abusive workplace practices can also contribute to the toll of violence and harassment, with work-related stress and mental illness at an all-time high. The new Convention places clear responsibilities on employers and governments for tackling the scourge of violence and harassment in the world of work. Workers, too, will have responsibilities to refrain from acts of violence and harassment and to comply with any policies, procedures or other steps taken by their employers to prevent it'. 'Violence and harassment in the world of work is a global problem, requiring global solutions. Trade unions were campaigning for this new law long before the painful revelations of #MeToo. Our governments and employers must now play their part. No one should go to work in fear of experiencing violence and harassment'. 'Governments, workers, and employers have made history by adopting a treaty that sets standards for ending the scourge of violence and harassment in the world of work', said Rothna Begum, senior women's rights researcher at Human Rights Watch. 'The women who bravely spoke up about their #MeToo abuses at work have made themselves heard at this negotiation, and their voices are reflected in these important new protections'. Governments that ratify the treaty will be required to develop national laws prohibiting workplace violence and to take preventive measures, such as information campaigns and requiring companies to have workplace policies on violence. The treaty also obligates governments to monitor the issue and provide access to remedies through complaint mechanisms, witness protection measures, and victim services, and to provide measures to protect victims and whistleblowers from retaliation. The treaty covers workers, trainees, workers whose employment has been terminated, job seekers, and others, and applies to both formal and informal sectors. It also accounts for violence and harassment involving third parties, such as clients, customers, or service providers. Previously there was no international standard specifically addressing violence and harassment in the world of work. The Women, Business and the Law 2018 report found that 59 out of the 189 countries studied had no specific legal provisions covering sexual harassment in employment. The ILO has found many gaps in legal protections relating to violence and harassment in the workplace. These include a lack of coherent laws, a lack of coverage in laws and policies for workers most exposed to violence, and an overly narrow definition of 'workplace' in existing laws and regulations. The new ILO convention and recommendation affirm the right to freedom from violence and harassment in the workplace. http://www.ilo.org/global/topics/violence-harassment/lang--en/index.htm http://www.ituc-csi.org/gender-based-violence-at-work-583 http://www.hrw.org/news/2019/06/21/ilo-new-treaty-protect-workers-violence-harassment http://www.care.org/newsroom/press/press-releases/win-for-women-worldwide-historic-global-treaty-to-end-violence-and http://www.opendemocracy.net/en/beyond-trafficking-and-slavery/are-countries-fulfilling-promise-violence-and-harassment-convention/ http://16dayscampaign.org/2019/06/21/center-for-womens-global-leadership-welcomes-new-ilo-treaty-to-end-violence-and-harassment-against-women-in-the-world-of-work/ Visit the related web page |
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