Naslov
Implementing the Responsibility to Protect (RtoP) while protecting children in armed conflicts – how effective is it?

Autori
Fabijanić Gagro, Sandra

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, znanstveni

Izvornik
Pécs Journal of International and European Law / Drakić, Gordana ; Jovanov, Ilija ; Arsenijević, Danijela - Novi Sad : University of Novi Sad, Faculty of Law, 2020, 42-44

Skup
International scientific conference: Legal Tradition and New Legal Challenges

Mjesto i datum
Novi Sad, Srbija, 01.10.2020. - 02.10.2020

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
children ; armed conflict ; responsibility to protect (Rtop) ; United Nations (UN)

Sažetak
In the year 2020, the international community is celebrating the 15th anniversary of the adoption of an international norm, which aims at effective protection of the population (children included) from genocide, war crimes, crimes against humanity, and ethnic cleansing. That norm is known as the responsibility to protect or RtoP. Born out of a commitment of state leaders in 2005, it represents shared responsibility of both the states concerned and international community. The primary responsibility lies in the hands of states and their governments. They have to ensure an adequate response to atrocity crimes through a myriad of national actions (e.g., supporting humanitarian assistance, implementing legislative or policy reforms, ensuring effective justice system for prosecuting those responsible, etc.). However, when the state is unwilling or unable to fulfil its responsibility, the role of international community is clearly emphasized. It has the responsibility to encourage states to meet their RtoP and the responsibility to use appropriate diplomatic, humanitarian, and other peaceful means or to take collective action through the UN Security Council, in accordance with the UN Charter. It employs the cooperation of many factors – the UN member states, institutional and comparative advantage of the UN system, regional and sub-regional organizations and arrangements, human rights associations, civil society, etc. Keeping all this in mind, it seems that the international community has effective tools in dealing with atrocity crimes. In the year 2020, the international community proudly emphasizes progress achieved in the last three decades with regards to the protection of children’s rights in armed conflicts. One may say that the framework of protection has been developed since the adoption of the Convention for the Rights of the Child (1989), its Optional Protocol on the involvement of children in armed conflict (2000), through the Security Council Resolution 1612(2005), initiation, and implementation of the Monitoring and Reporting Mechanism, establishment of the Special Representative of the Secretary-General for Children and Armed Conflict, and the Security Council Working Group for Children and Armed Conflict, etc. It seems that the framework for the protection of children trapped in conflict- related environment has become strong and productive. On the other hand, an estimated 420 million children live in a conflict zone. Nearly 31 million children have been forcibly displaced from their homes. 13 million children have left their countries as refugees. The picture of the child caught within the armed conflict has become its common feature ; the most memorable picture in many situations. Children live their lives in the center of conflicts, not only as bystanders, but as the direct targets and victims. The humanity is still witnessing too many crimes that have been committed against children. Grave violations that can be committed against children in contemporary armed conflicts are divided into six categories: killing and maiming of children, recruitment of children or their use as soldiers, sexual violence against children, their abduction, attacks against schools and hospitals, and denial of humanitarian access for children. According to recent reports, more than 24, 000 grave violations against children were verified and confirmed in 2018. That number has nearly tripled since 2010. It seems that neither RtoP nor the framework for protecting children is efficient. Who is to blame? Who is responsible for the mere fact that millions of children suffer from the consequences of armed conflicts worldwide? Keeping in mind the development of human rights and the commitment of state leaders in 2005 World Summit – the situation seems to be quite clear ; it has to employ shared responsibility of the state(s) concerned and international community. Protection of children in armed conflicts, while implementing the RtoP norm, could be considered as one of the most important challenges of the international community nowadays. Its development has been characterized by the joint action of different international actors, led by the UN. Their endeavors have led to the establishment of some special bodies, programs and actions, the purpose of which is a more significant contribution and more effective protection of children in armed conflicts. However, the mechanism aimed at the prevention or reduction of grave violations can only be as powerful and effective as its implementation on the ground. The idea behind this topic proposal is to offer an analysis of the framework of that cooperation in respect of the RtoP norm – what has been done so far and has it been done in the most effective manner?

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA