Fostering Human Rights among European
(external and internal) policies (FRAME) (FP7-SSH-2012-1)
Human Rights violations in conflicts (WP10)
About Frame
FRAME is a 4-year multidisciplinary project, represents a consortium of 19 internationally recognized and globally networked human rights institutes from across Europe and strategic regions around the world. Through FRAME, more than 100 leading researchers and practitioners - with a strong gender balance - aim to provide the necessary building blocks for a coherent EU human rights policy comprised of: (i) a sound knowledge
base taking account of the factors, concepts, institutions and instruments underlying human rights protection; (ii) appraisal of the EU’s full potential to contribute to global human rights governance through its relationship with multiple actors and its manifold policies; and (iii) a set of indicators, tools and policy proposals geared to strengthen human rights implementation in EU policy-making. Through 4 research clusters, FRAME offers
creative solutions to enhance the coherence and effectiveness of EU human rights policy.
FRAME is funded by the European Commission under the Seventh Framework Programme, THEME [SSH.2012.4.2-1] [Human rights in EU external relations and internal policies], and co-ordinated by the University of Leuven's Center for Global Governance Studies.
FRAME is a 4-year multidisciplinary project, represents a consortium of 19 internationally recognized and globally networked human rights institutes from across Europe and strategic regions around the world. Through FRAME, more than 100 leading researchers and practitioners - with a strong gender balance - aim to provide the necessary building blocks for a coherent EU human rights policy comprised of: (i) a sound knowledge
base taking account of the factors, concepts, institutions and instruments underlying human rights protection; (ii) appraisal of the EU’s full potential to contribute to global human rights governance through its relationship with multiple actors and its manifold policies; and (iii) a set of indicators, tools and policy proposals geared to strengthen human rights implementation in EU policy-making. Through 4 research clusters, FRAME offers
creative solutions to enhance the coherence and effectiveness of EU human rights policy.
FRAME is funded by the European Commission under the Seventh Framework Programme, THEME [SSH.2012.4.2-1] [Human rights in EU external relations and internal policies], and co-ordinated by the University of Leuven's Center for Global Governance Studies.
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Project description
The Work Package "Human Righths in Conflict" (WP10) aims at surveying and analysing contemporary human rights violations, especially against vulnerable groups, within the context of conflicts among and within states, between and within communities and their link with historical and cultural factors examined and with the role of non-state actors as perpetrators of new forms of violence.
The Work Package "Human Righths in Conflict" (WP10) aims at surveying and analysing contemporary human rights violations, especially against vulnerable groups, within the context of conflicts among and within states, between and within communities and their link with historical and cultural factors examined and with the role of non-state actors as perpetrators of new forms of violence.
Objectives
- To examine the relationship between the protection of human rights, international humanitarian law and the law of humanitarian assistance, with a focus on vulnerable groups in society (e.g., children, internally displaced persons and refugees).
- To analyse the relationship between the protection of human rights and promoting democracy and international criminal law and the extent to which the application of international criminal law contributes to the promotion of democracy in post-conflict situations.
- To assess the integration of human rights, humanitarian law and democracy/rule of law principles and tools into EU Common Security and Defence Policy (CSDP) policy and missions.
- To assess the complementarity of EU action in the area of CSDP with the relevant security/ defence actions of other multilateral actors on various policy levels (UN, regional).
- To formulate 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 integration of human rights, humanitarian law and democracy/rule of law principles.
Description of work and role of partners
Task 1: Survey of contemporary human rights violations in crises and conflicts
In a first phase, a general survey of contemporary human rights violations in crisis and conflicts settings on the basis of existing databases will be undertaken. This survey will include an assessment of the link between such violations and the factors (notably, cultural, ethnical, historical and religious) and the involvement of non-state actors as perpetrators of new forms of violence and war.
Task 2: Analysis of applicable regulatory frameworks
In a second phase, the focus will be on analysing the regulatory frameworks relevant in case of conflict situations and their mutual interactions. On the one hand, attention will be palced on the relationship and interactions between human rights law, international humanitarian law (IHL) and the law of humanitarian assistance, with a particular focus on: i) the convergence and complementarity of these bodies of law; ii) the interpretation of
key rules for the protection of civilians including the civilian-combatant distinction or the distinction of civilian and military objectives in IHL; and iii) the concept of protection from the perspective of IHL, human rights law and humanitarian assistance.
The analysis will include a focus on vulnerable groups in society (e.g., children, women, minorities, internally displaced persons, refugees). On the other hand, the relationship between the protection of human rights and promoting democracy and international criminal law (ICL) will be examined, as well as the extent to which the application of ICL contributes to the promotion of democracy in post-conflict
situations. A selection of cases before the International Criminal Court (ICC) (e.g., Darfur and Libya referrals) will be analysed to test the way in which human rights, the promotion of democracy and ICL interact. Truth, justice and reparation as integral components of the process of transition will also be tackled. In particular, this WP will consider the cooperation with and support of the ICC by the EU.
Task 3: Case study: European Common Security and Defense Policy (CSDP)
In the third phase, in view of the involvement of the EU in all phases of the conflict cycle (from preventative policies to crisis management and post-crisis reconstruction), an in-depth case study will be conducted of how relevant policy commitments and tools for the integration of human rights, IHL and democracy/rule of law principles are or should be integrated and operationalised in EU CSDP policy and missions in order to evaluate
their impact on vulnerable groups. In this respect, the complementarity of EU action with the actions of other relevant actors on various policy levels (UN, regional) will be assessed. In light of the recent objective of the Council's Action Plan to 'reflect human rights in conflict prevention and crisis management activities,' the case study will take into account the multiple governance levels (EU missions, UN missions and cooperation with civil society), the various relevant EU actors in the field of CSDP (EU Member States, EU institutions, several EU bodies specifically responsive for the area of CSDP and – locally - EU Heads of Mission) and the differentiated but interrelated policy areas of conflict prevention, crisis management and
peace-building.
Task 4: Policy recommendations
Finally, on the basis of the foregoing research, policy recommendations will be formulated on how to foster the coherence and efficiency of EU external policy related to all phases of crisis and conflicts to prevent and overcome violence through the integration of human rights, humanitarian law and democracy/rule of law principles.
Task 1: Survey of contemporary human rights violations in crises and conflicts
In a first phase, a general survey of contemporary human rights violations in crisis and conflicts settings on the basis of existing databases will be undertaken. This survey will include an assessment of the link between such violations and the factors (notably, cultural, ethnical, historical and religious) and the involvement of non-state actors as perpetrators of new forms of violence and war.
Task 2: Analysis of applicable regulatory frameworks
In a second phase, the focus will be on analysing the regulatory frameworks relevant in case of conflict situations and their mutual interactions. On the one hand, attention will be palced on the relationship and interactions between human rights law, international humanitarian law (IHL) and the law of humanitarian assistance, with a particular focus on: i) the convergence and complementarity of these bodies of law; ii) the interpretation of
key rules for the protection of civilians including the civilian-combatant distinction or the distinction of civilian and military objectives in IHL; and iii) the concept of protection from the perspective of IHL, human rights law and humanitarian assistance.
The analysis will include a focus on vulnerable groups in society (e.g., children, women, minorities, internally displaced persons, refugees). On the other hand, the relationship between the protection of human rights and promoting democracy and international criminal law (ICL) will be examined, as well as the extent to which the application of ICL contributes to the promotion of democracy in post-conflict
situations. A selection of cases before the International Criminal Court (ICC) (e.g., Darfur and Libya referrals) will be analysed to test the way in which human rights, the promotion of democracy and ICL interact. Truth, justice and reparation as integral components of the process of transition will also be tackled. In particular, this WP will consider the cooperation with and support of the ICC by the EU.
Task 3: Case study: European Common Security and Defense Policy (CSDP)
In the third phase, in view of the involvement of the EU in all phases of the conflict cycle (from preventative policies to crisis management and post-crisis reconstruction), an in-depth case study will be conducted of how relevant policy commitments and tools for the integration of human rights, IHL and democracy/rule of law principles are or should be integrated and operationalised in EU CSDP policy and missions in order to evaluate
their impact on vulnerable groups. In this respect, the complementarity of EU action with the actions of other relevant actors on various policy levels (UN, regional) will be assessed. In light of the recent objective of the Council's Action Plan to 'reflect human rights in conflict prevention and crisis management activities,' the case study will take into account the multiple governance levels (EU missions, UN missions and cooperation with civil society), the various relevant EU actors in the field of CSDP (EU Member States, EU institutions, several EU bodies specifically responsive for the area of CSDP and – locally - EU Heads of Mission) and the differentiated but interrelated policy areas of conflict prevention, crisis management and
peace-building.
Task 4: Policy recommendations
Finally, on the basis of the foregoing research, policy recommendations will be formulated on how to foster the coherence and efficiency of EU external policy related to all phases of crisis and conflicts to prevent and overcome violence through the integration of human rights, humanitarian law and democracy/rule of law principles.