Assessing the Role of Third Parties on Addressing Human Rights Violations during Armed Conflicts (Case of Gaza Strip - Palestine)
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Abstract
This study is assessing the role of third parties on human rights violations in the ongoing war on Gaza as the main case, it analyzes the involvement of States, Intergovernmental Organizations, and International non-governmental organizations regarding human rights violations committed during armed conflicts to understand their influence on the humanitarian situation on the ground whether mitigating such rights, abuses or causing the perpetuation of more of them.
This research used mixed-methodologies, the analytical and descriptive approaches, including case study analysis, interviews with key stakeholders, and a review of human rights reports, the study identifies the mechanisms through which third parties contribute to or alleviate human rights violations.
The study relies on the legal frameworks of Geneva Conventions and their Additional Protocols, UN Charter, Customary International Law rules, International Courts Rules, The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), and other Conventions, by the IRAC legal methodology for the analysis.
The study concluded that third parties have a role in addressing and mitigating the violations of human rights in armed conflicts, however, their role might not be as sufficient because of matters that hinders the actions they take and the missions they aspire to make in order to help the civilians who are exposed to coercion violence, these matters are influenced by internal and external political considerations, leading to inconsistent application of international legal norms. The research revealed that despite the existence of legal frameworks under International Humanitarian Law (IHL) and International Human Rights Law (IHRL), their enforcement remains inadequate, and this inadequacy is worsened by the influence of geopolitical interests, which frequently undermine the effectiveness of Security Council resolutions and other international measures aimed at protecting civilians. Consequently, human rights violations continue.
In response to these findings, this research has multiple recommendations where the most important one of it recommends the development of a more comprehensive and enforceable international legal framework specifically designed to address the complexities of modern armed conflicts such as the ongoing war on Gaza Strip.