Coherence and efficiency of the EU external policy related to conflict and crisis

Abstract

The 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.