The Most Fundamental Human Right to Peace and the Responsibility to Protect (R2P) the Forcibly Displaced

By James C. Simeon, Professor, School of Public Policy and Administration, Faculty of Liberal Arts & Professional Studies, York University, Email: jcsimeon@yorku.ca

To note that the world is currently ablaze with protracted armed conflicts is to state the obvious to even the most casual observer of the world scene. The three most notable of protracted armed conflicts are, undoubtedly, the Russia – Ukraine War, the Hamas – Israel War, and the Sudan Civil War. According to the Peace Research Institute Oslo (PRIO), in 2023 there were a record number of state-based conflicts, 59 since 1946, and that the last three years were the most violent in the last three decades. The regional breakdown of the state-based conflicts was as follows: Africa (28), Asia (17), the Middle East (10), Europe (3), and the Americas (1). Directly related to this are the ever-increasing numbers of those who are forcibly displaced in the world today. Forced displacement is, of course, a direct consequence of armed conflict or war. The most recent UNHCR Global Trends report, June 2024, points out that, “Forced displacement is a consequence of the failure to uphold peace and security.” UNHCR indicates that 73 percent of the world’s refugees under their mandate, nearly three-quarters, and other people in need of international protection come from only five countries: Afghanistan (6.4 million); Syria (6.4 million); Venezuela (6.1 million); Ukraine (6 million); and South Sudan (2.3 million). All these countries, save Venezuela, have been wracked by protracted armed conflict for years and in some cases decades. The direct relationship between armed conflict and forced displacement is clear from these statistics. Sadly, as the number of protracted armed conflicts or wars increase, so too will the number of those who are being forcibly displaced.

The 2024 UNHCR Global Trends report indicates that by the end of April 2024 the estimated number of those forcibly displaced will likely exceed 120 million people. This is a tragedy of global proportions for the simple reason that 40 precent (47 million) of those who are forcibly displaced are children; that is, under 18 years of age. In fact, some 339,000 children were born each year on average as refugees from 2018 to 2023, according to the UNHCR. No child should ever have to experience being a refugee. Such human made disasters must surely be ended. Such harsh deprivation and hardship amongst some of the world’s most vulnerable persons should not be allowed to persist.

The negative consequences of protracted armed conflict or wars is fairly self-evident: mass death; destruction; forced displacement; physical and mental anguish and trauma, environmental pollution and degradation; and gross legal and moral turpitude through the perpetration of the atrocity crimes (i.e., war crimes; crimes against humanity; ethnic cleansing; genocide; and terrorism). In fact, the world’s most serious international crimes, including terrorism, predominantly take placed in situations of armed conflict or in war zones. Clearly, war crimes, crimes against peace or the crime of aggression can only take place in situations of armed conflict or wars. Whereas crimes against humanity and genocide, can take place in armed conflicts or wars, and other situations. However, it stands to reason that the more armed conflicts and wars there are in the world, the more likely there will be serious international crimes committed.

Given the number of armed conflicts or wars that are taking place in the world today, one might assume that the use of force, armed conflicts or wars are the normal course of things and are perfectly legal. However, this is far from the case. In fact, wars have been illegal since the 1928 Kellogg – Briand Pact or the Paris Peace Pact. This treaty outlawed war and was signed by nearly all the world powers at the time to prevent another horrific World War from taking place. It did not, unfortunately, prevent World War II. And, it was with the establishment of the United Nations in 1945 that legally constrained the use of force to a number of limited circumstances such as under Article 2(4), the prohibition of even the threat of the use of force, and  Article 51, the inherent right of individual or collective self-defense, of the UN Charter. Moreover, the crime against peace or aggression has been criminalized and those who commit this supreme international crime can be possibly subject to prosecution at the International Criminal Court under Article 8bis. Although, admittedly, this is highly limited, both legally and feasibly, in the present circumstances. For instance, the ICC only has jurisdiction when a State has adopted and acceded to the Rome Statute. Furthermore, there are a number of well-known deficiencies in the Article 8bis definition of aggression. Nevertheless, the crime against peace or aggression implies that there is a human right to peace. Indeed, the UN has passed many resolutions to this effect. The human right to peace is essential and necessary if any other human rights are to be recognized and attained. This fundamental and crucial human right to peace is being violated across the globe wherever there are armed conflicts or wars. Hence, all of us – each person, everyone — must demand our human right to peace, which is essential for realizing all other human rights. To achieve this aspiration, we must end all armed conflicts and wars and institute a sustainable world peace. Something that has been pursued for centuries and generations and, will be continued to be sought ardently and with unceasing passion, until it is achieved finally.

All States in the international community have the responsibility to protect all the people on their territory. The United Nations doctrine of the Responsibility to Protect (R2P) acknowledges that all States are bound to protect their people from the “atrocity crimes.” However, under customary international law, all States are also bound to uphold the principle of “non-refoulement,” never to return anyone to be persecuted, the severest human rights violations possible to a person’s life, liberty or security of the person. These, of course, would include the “atrocity crimes” that are covered under the UN’s R2P doctrine. Further, it is commonly recognized that the foundation of the international refugee protection regime is the principle of non-refoulement. In addition, States must cooperate and assist the UNHCR in its onerous responsibilities in protecting the world’s refugees and others in need of international protection. Accordingly, it follows that the R2P doctrine encompasses all States’ responsibility to protect those who are seeking asylum from persecution within their territorial boundaries. Consequently, it can be argued that this also encompasses those who are fleeing the travails of armed conflict or war that have violated their most fundamental human right, upon which all other human rights depend, peace.

Hence, we are all obligated to uphold our most fundamental human right to peace, end all wars or armed conflict, and the trauma and severe injury that is inflicted on those who are being forcibly displaced due to state-based conflicts, through the grossest breaches to their most essential human rights.