Impact of War on Human Rights and the Challenges in Their Protection

Impact of War on Human Rights and the Challenges in Their Protection

The concept of human rights is often challenged during wartime, as the laws and norms that typically protect individuals may be shattered. This article explores the devastating impact that war has on human rights, including breaches of international law and the myriad of atrocities that occur under the guise of conflict. Moreover, it delves into the challenges faced in protecting these rights.

War Crimes and Their Scope

War crimes refer to violations of the laws of armed conflict by any individual, whether military or civilian. They are defined as actions that are committed as a part of a widespread or systematic attack directed against any civilian population, or as part of an attack which may be expected to cause widespread, long-term, and severe damage to the natural environment. War crimes often result in the loss of life, suffering, and devastation of entire communities.

Prohibited Acts During War

The laws of armed conflict, also known as jus in bello, prohibit a wide range of activities, including attacks on civilians, the use of weapons that cause unnecessary suffering, and the destruction of cultural and environmental resources. For instance, the targeting of hospitals, schools, and religious sites is strictly forbidden. Additionally, the inhuman treatment of prisoners, including biological experiments and wanton destruction of property, are also considered war crimes.

Sexual Violence as a Weapon of War

A unique and often overlooked aspect of war crimes is the widespread use of sexual violence as a tool of warfare. Women and girls are frequently subjected to rape, forced prostitution, and other forms of sexual exploitation. This form of abuse can have long-lasting psychological and physical effects on victims, compelling armies to view women as spoils of war.

Examples and Cases

The 1971 Bangladesh Liberation War underlines the problem. Lieutenant General Amir Abdullah Khan Niazi, a Pakistani Army officer, declared Bengali women to be 'gonimoter maal' or war booty, explicitly supporting the rape of Bengali women. Over 200,000 women were reportedly raped, resulting in countless 'war-babies.' These acts not only violate fundamental human rights but also serve to demoralize communities and establish a culture of fear.

Torture and Forced Disappearances

Another critical issue is the use of torture and forced disappearances, which are stark violations of human rights. Torture can be both physical and psychological, targeting the person's dignity and basic human rights. Physical torture includes mutilation, beatings, and electric shocks, while psychological torture involves deprivation of basic needs and extreme psychological manipulation.

The Spectrum of Oppression

Torture is often used to extract confessions or information, but today, it is increasingly employed to suppress political dissent, punish political opponents, or eliminate perceived threats. Forced disappearances, where detainees are held in secret and their fate is unknown, are also rampant. When combined with torture, these acts create an atmosphere of constant fear and uncertainty that can last for years, even after the conflict has ended.

Political Oppression During Conflict

Political oppression is a common tool used by those in power to maintain control. Individuals who oppose the regime or hold differing political views may face arbitrary imprisonment, unfair trials, or outright denial of political rights. This can include restrictions on freedom of movement, forcible relocation, and denial of asylum.

Conclusion

War is not merely a clash of arms; it is a profound assault on the very fabric of human dignity and rights. The challenges in protecting human rights during wartime are immense, and the consequences of failing to do so can be catastrophic. As we continue to grapple with these issues, it is essential to uphold the principles of international law and ensure that those who violate these rights face accountability.