Browsing 02. Research and Projects Outputs by Author "Alamillos Sánchez, Rocío"
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ItemApplicable regulatory frameworks regarding human rights violations in conflicts(FRAME, 2015-09) Márquez Carrasco, Carmen ; Abrisketa, Joana ; Salmón, Elizabeth ; Nagore Casas, María ; Marinelli, Chiara ; Zafra, Rita ; Alamillos Sánchez, Rocío ; García Martín, Laura ; Íñigo Álvarez, LauraWork Package 10 (WP 10) ‘Human Rights Violations in Conflicts’, part of the FP7 research project ‘Fostering Human Rights Among European (External and Internal) Policies’ (FRAME) aims at providing a comprehensive assessment of the EU external policies in response to conflicts and crisis situations, exploring ways to prevent and overcome violence through the critical assessment of the instruments available to the EU to integrate human rights, humanitarian law and democracy/rule of law principles in these policies. The ultimate purpose of this Work Package is to contribute to the fostering of human rights in EU conflict-related policies. Departing from the idea that the legal framework of EU Common Security and Defence Policy (CSDP) integrates EU law and international law, this report will examine the concurrent application of international human rights law and international humanitarian law, and their interaction with other bodies of law that offer a framework for protection in situations of conflict and violent crisis. Hence the main goal of this report is to present and analyse the different international regulatory frameworks applicable to human rights violations with particular attention to vulnerabilities in conflict situations of inter- and intra-State violence. In FRAME Report D10.1 ‘Survey study on human rights violations in conflict-settings’ a comprehensive survey of the various patterns of human rights violations related to conflict and violent crisis situations was conducted, with a specific focus on the rights of vulnerable groups, as well as on the role of non-state actors as key players in the context of new forms of violence and war. As indicated in that study, human rights violations in conflict-settings represent clear evidence of the erosion of respect for humanitarian and human rights norms, which has aggravated the protection and assistance needs of refugees and other groups in conflict situations, and complicated the task of providing humanitarian assistance and increased the risks faced by humanitarian personnel. Confronted to this scenario this report studies and examines the relationship between the regulatory frameworks applicable in conflict situations: international human rights law (IHRL), humanitarian law (IHL) and the legal regime for humanitarian assistance, as well as international refugee law (IRL) and international criminal law (ICL). In many contemporary conflict settings key issues arise regarding the relationship between those legal frameworks. They mainly concern: a) the convergence and complementarity between IHRL and IHL; b) the interpretation of key rules for the protection of civilians like the civilian-combatant distinction or civilian and military objectives; c) the concept of protection from a IHL, IHRL and humanitarian assistance perspective. Specific analysis is developed on these questions, with a focus on vulnerable groups in society, which are particularly affected by armed conflict and violent crises (children, women, internally displaced persons, refugees). This report also focuses on the interplay of the international regulatory frameworks with ICL, that arises especially when violence takes a systematic and widespread dimension, amounting possibly to war crimes, crimes against humanity or even genocide. In particular, this study considers the cooperation with and support of the International Criminal Court (ICC) by the EU as part of a broader analysis of the relationship between the protection of human rights and promoting democracy and ICL and the extent to which the application of ICL contributes to the promotion of democracy in post-conflict scenarios. The role of truth, justice and reparation as integral components of any process of transition are also addressed.
ItemCase study: Common Security and Defence Policy (CSDP)(FRAME, 2016-05) Márquez Carrasco, Carmen ; Churruca Muguruza, Cristina ; Alamillos Sánchez, RocíoThe present Report entitled ‘Case study: Common Security and Defence Policy (CSDP)’ was written as part of Work Package 10 (WP 10) ‘Human Rights Violations in Conflicts’ of the FP7 project ‘Fostering Human Rights Among European (External and Internal) Policies’ (FRAME).1 This report is aimed at providing an analysis of the the integration of human rights, humanitarian law and democracy/rule of law principles and tools into the European Union (EU) Common Security and Defence Policy (CSDP), with a focus on the protection of vulnerable groups. The report further assesses the complementarity of CSDP action with other EU external policies embedded in the EU's comprehensive approach to external conflicts and crises. Attention is also given to the cooperation and complementarity of EU action in the area of crisis management, with the relevant security actions of other multilateral actors on various policy levels. The report is divided into seven parts. Chapter I outlines the scope and aim and explains the methodology used to conduct the research. Chapter II provides an overview of all CSDP missions and operations to date and places it within the framework of the EU’s foreign policy and the EU comprehensive approach to external conflicts and crises. Chapter II places particular emphasis on the concept of ‘human security’ as a tool for a comprehensive approach for human rights and security linkages in EU foreign policy. As part of the EU comprehensive responses to crisis and conflict, the study covers the interaction between the EU with other international and regional institutions in the area of crisis management. Chapter III analyses the CSDP legal and policy framework on the protection and respect for human rights and IHL and support to democracy and the rule of law with a focus on the protection of vulnerable groups and gender mainstreaming. Notably, the integration of the human rights and gender component in CSDP has been progressively materialised through the adoption of a set of guidelines on several human rights priority issues, as well as by the setting-up of different mechanisms aiming at strengthening respect for international standards in third countries. Despite all of this progress, the study unveils existing areas for improvement in terms of policy. Chapter IV covers the integration of human rights and IHL in the CSDP decision-making and planning phases by providing a detailed analysis of the role of key actors and bodies involved. The protection of human rights should play a strategic role in this decision-making, whether as triggers for initiating or for discontinuing EU action. Once the Council decides to establish a CSDP mission or operation, the planning bodies play a key role in the effective operationalisation of the protection of human rights and the principles of democracy and the rule of law as part of the mandate (objectives and tasks), and in the prevention of human rights violations and breaches of international humanitarian law at the implementation stage. Chapter V evaluates how human rights, IHL and support to democracy and the rule of law are to be integrated in the different types of mandate of CSDP, although each mission or operation has its own particularities that should be assessed on a case-by-case basis. Chapter V also covers the responsibility of the EU and its member states in the conduct of operations, and the difficulties that the procurement of services from Private Military and Security Companies (PMSCs) poses in this regard. Chapter V reflects on the possible ways of enduring accountability, particularly in the event of wrongful acts committed by mission personnel. Chapter VI includes three case studies, namely: EUTM Mali and EUCAP Niger in the framework of the EU Strategy for Security and Development in the Sahel and the military EUNAVFOR MED, renamed Operation Sophia as one component of the comprehensive approach towards both the refugee crisis and restoring stability in Libya. These case studies serve to examine issues such as the coherence and complementarity of the various policies and instruments of the EU in the framework of a comprehensive approach, the limits to the use of force and the applicability of IHL and the protection vulnerable groups in the course of operations. The report concludes in Chapter VII with a summary of the main findings that serve to provide an understanding of the importance and the need to respect and integrate human rights, humanitarian law and democracy/rule of law principles and tools into the CSDP. The EU is strongly committed to promote and protect human rights and to support democracy worldwide but in the area of crisis management it also determines the success of the mission or operation and its long-lasting results. Overall, the report provides a broad foundation for the next stage of research in WP10, which will consist of the formulation of policy recommendations on how to foster coherence and efficiency of EU external policy related to all phases of crisis and conflict, in order to prevent and overcome violence through the integration of human rights, humanitarian law and democracy/rule of law principles, and meet the challenges of protecting and promoting human rights in EU external policies.
ItemCoherence and efficiency of the EU external policy related to conflict and crisis(FRAME, 2016-09) Márquez Carrasco, Carmen ; Alamillos Sánchez, Rocío ; Íñigo Álvarez, LauraThe present Report is part of Work Package 10 (WP 10) ‘Human Rights Violations in Conflicts’ of the FP7 research project ‘Fostering Human Rights Among European (External and Internal) Policies’ (FRAME). On the basis of the previous research developed in WP 10, this report is aimed at providing policy recommendations on how to foster the coherence and efficiency of the EU external policy related to all phases of crisis and conflicts to prevent and overcome violence through the critical assessment of the instruments available to the EU to integrate human rights, international humanitarian law and democracy/rule of law principles. Information was gathered and analysed in previous reports of WP 10. First, FRAME Report D. 10.1 entitled ‘Survey study on human rights violations in conflict-settings’ explores the various patterns of human rights violations related to conflict and violent crisis situations, with a specific focus on the rights of vulnerable groups, as well as on the role of non-state actors as key players in the context of new forms of violence and war. Second, FRAME Report 10.2 entitled ‘Applicable regulatory frameworks regarding human rights violations in conflicts’ analyses and clarifies the relationship between the regulatory frameworks applicable in conflict situations: international human rights law (IHRL), international humanitarian law (IHL) and the legal regime for humanitarian assistance, as well as international refugee law (IRL) and international criminal law (ICL) with particular attention given to vulnerable groups in conflict situations. Third, FRAME Report 10.3 ‘Case study: CSDP’ provides a critical assessment of the integration of human rights, humanitarian law and democracy/rule of law principles and tools into EU CSDP policy and missions. The report looks into the framework and implementation of the EU policy on human rights and gender mainstreaming in CSDP and in relation to the promotion and protection of human rights of vulnerable groups. The report examines the applicability of human rights and IHL to CSDP and the existing safeguards that seek to prevent violations of human rights and IHL in the course of the mandate. The recommendations provided in the present report also take due account of existing lessons learned and best practices, not only at the EU level but at the level of other crisis management actors, in particular the United Nations (UN). In addition, there are references to other studies in the area of CSDP containing recommendations in relation to more concrete issues that fall outside the scope of the present Deliverable 10.4. The study is structured in five chapters, including the introduction. The second chapter contains general recommendations to the EU on external action, which also concern Member States’ relations with third countries and organisations. The third chapter provides recommendations on the EU’s comprehensive approach to conflict and crises and how it can be improved with regards to crisis management policies to strengthen support to human rights policies. The fourth chapter addresses several aspects related to the EU intervention in conflict and crisis situations: applicable law, responsibility and accountability. As analysed in previous reports, the inter-operatibility between IHL and IHRL has also implications for EU crisis management interventions, in terms of the applicable legal framework and responsibility in the for violations of the applicable norms. The last chapter focuses on the protection of vulnerable groups in EU crisis management interventions, providing recommendations for the improvement of the implementation of current policies and for the adoption of new frameworks for other groups. In this regard, gender mainstreaming, the protection of children in armed conflict and the protection of civilians have been subject to more extensive policies and protection in the conduct of operations. However, other groups such as refugees, internally displaced persons (IDPs) and minorities whose rights are directly affected by EU security policies have not received attention to the same extend.