Civil Unrest - Intl Law

INTERNATIONAL SECURITY AND THE PROTECTION OF HUMAN RIGHTS:
EXAMINING THE INTERVENTION OF INTERNATIONAL LAW IN

QUELLING CIVIL UNREST
BY
ADEBAYO BUSOLA OLUWATOSIN
THIS PROJECT IS SUBMITTED TO THE DEPARTMENT OF JURISPRUDENCE

AND INTERNATIONAL LAW, UNIVERSITY OF LAGOS IN PARTIAL
FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF BACHELOR
OF LAW (LL.B)
JULY 2023
Electronic copy available at: https://ssrn.com/abstract=4599105

DEDICATION
This work is dedicated to the Almighty God, whose strength has carried me through this
journey, and to my parents, the late Mr. Adeyemi Adebayo and Mrs. Bolajoko Adebayo,
whose unwavering support was instrumental in enabling me to complete my programme. I
also dedicate this work to myself, acknowledging my resilience, ability to face challenges
with a positive attitude, and my courageous decision to embark on this path. Thank you for
being amazing, Busola.
ii

TABLE OF CONTENTS
DEDICATION ....................................................................................................................................... ii
TABLE OF CONTENTS ......................................................................................................................... iii
TABLE OF STATUTES ........................................................................................................................... v
LIST OF ABBREVIATIONS................................................................................................................... vii
ABSTRACT .......................................................................................................................................... ix
CHAPTER ONE..................................................................................................................................... 1
1.1 Background to the Study .......................................................................................................... 1
1.2 Statement of the Problem........................................................................................................ 3
1.3 Research Questions .................................................................................................................. 4
1.4 Objectives and Significance of the Research............................................................................ 5
1.5 Research Methodology ............................................................................................................ 5
1.6 Synopsis of Chapters ................................................................................................................ 6
1.7 Literature Review ..................................................................................................................... 7
CHAPTER TWO.................................................................................................................................... 9
THE PREDOMINANT CAUSES AND IMPACTS OF CIVIL UNREST .......................................................... 9
2.1 Introduction.............................................................................................................................. 9
2.2 The Common Causes of Civil Unrest with case studies .......................................................... 10
2.2.1 Economic Challenges ....................................................................................................... 10
2.2.2 A Fragile State ................................................................................................................. 11
2.2.3 Inadequate and Inefficient Leadership ........................................................................... 13
2.2.4 The Presence of ‘Youth Bulge’ in a State ........................................................................ 13
2.2.5 Violence-filled Wars in History ........................................................................................ 14
2.2.6 External Interference ...................................................................................................... 15
2.3 Impact of Civil Unrest and Protests on Human Rights Security ............................................. 15
2.3.1 Negative Consequences of Civil Unrest........................................................................... 15
2.3.2 Positive Consequences of Protests ................................................................................. 17
2.4 Conclusion .............................................................................................................................. 17
CHAPTER THREE ............................................................................................................................... 18

INTERNATIONAL AND REGIONAL LEGAL APPROACHES TO HUMAN RIGHTS PROTECTION AND CIVIL
UNREST MANAGEMENT ................................................................................................................... 18
iii

3.1 Introduction............................................................................................................................ 18
3.2 Areas of Intervention in Civil Unrest by International Institutions ........................................ 19
3.3.1 International Laws and Policies for the Protection of rights amid Civil Unrest and Non-
international Armed Conflict.................................................................................................... 22
3.3.2 Regional Laws and Policies Protection of Rights amid Civil Unrest and Non-international
Armed Conflict ......................................................................................................................... 25
3.4 The Enforcement and Underlying Challenges in the Application of the Legal
Frameworks .............................................................................................................................. 27
3.5 Conclusion .............................................................................................................................. 29
CHAPTER FOUR................................................................................................................................. 30
STRENGTHENING INTERNATIONAL LAW: EXAMINING POSSIBILITIES FOR IMPROVEMENT AND
CONTEMPORARY APPROACHES TO HUMAN RIGHTS PROTECTION IN TIMES OF CIVIL UNREST ..... 30
4.1 Introduction............................................................................................................................ 30
4.2 Shortcomings in the International legal framework for Managing Civil Unrest: Challenges in
Improving the Legal Framework .................................................................................................. 31
4.2.1 Key Areas for Improvement in the Context of Civil Unrest and Protection of Rights ..... 31
4.2.2 Obstacles Encountered in Enhancing International Laws and Enforcement Approaches

for the Collective Benefit of States .......................................................................................... 34
4.3 Contemporary Methods for Ensuring Human Rights Protection in Times of Civil Unrest ..... 36
4.3.1 Case Studies: Successful Implementation of Contemporary Methods in Specific

Countries .................................................................................................................................. 36
4.3.2 Additional Approaches Recommended to the International Community in the Quelling

of Civil Unrest ........................................................................................................................... 40
4.4 Conclusion .............................................................................................................................. 47
CHAPTER FIVE ................................................................................................................................... 47

RECOMMENDATIONS & CONCLUSION ............................................................................................ 47
5.1 Introduction............................................................................................................................ 47
5.2 Recommendations ................................................................................................................. 48
5.3 Conclusion .............................................................................................................................. 49
BIBLIOGRAPHY.................................................................................................................................. 51
iv

TABLE OF STATUTES
African Charter on Human and Peoples' Rights 1981
African Charter on the Rights and Welfare of the Child 1990
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 1990
Basic Principles for the Protection of Civilian Populations in armed conflicts A/RES/2675,
1970
Convention on the Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and their Destruction 1972
European Convention for the Protection of Human Rights and Fundamental Freedoms 1950
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field 1949
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea 1949
Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949
Geneva Convention Relative to the Treatment of Prisoners of War 1949
International Covenant on Civil and Political Rights 1966
Norway Act on Gender Equality 1978
Norway Equality and Anti-Discrimination Act 2018
Protocol II - Protocol Additional to the Geneva Conventions of 1949 and Relating to the
Protection of Victims of Non-International Armed Conflicts, 1977
Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other
Devices (Protocol II) [As Amended] 1996
Security Council Resolution 1564 [on Darfur, Sudan] 2004
Security Council Resolution 1746 [the Situation in Afghanistan] 2007
Security Council Resolution 1814 [on the relocation of the UN Political Office for Somalia
(UNPOS)] 2008
Security Council Resolution 1894 [on the protection of civilians in armed conflict] 2009
Statutes of the International Committee of the Red Cross 2018
Transforming our world: the 2030 Agenda for Sustainable Development (SDGs)
A/RES/70/1, 2015
United Nations Charter 1945
United Nations Economic and Social Council Resolution 1235, 1967
United Nations Economic and Social Council Resolution 1503, 1970

United Nations Office of the High Commissioner for Human Rights, Guiding Principles on
Business and Human Rights: Implementing the United Nations "Protect, Respect and
Remedy" Framework ST/HR/PUB/11/4, 2011
United States Code 2011
United States Global Fragility Act 2019
vi

LIST OF ABBREVIATIONS
AU African Union
COVID-19 Corona Virus Disease of 2019
ECOSOC Economic and Social Council
Ed. Edition
EU European Union
FAO Food and Agriculture Organization
HRC Human Rights Committee
IACHR Inter-American Commission on Human Rights
Ibid Ibidem
ICCPR International Covenant on Civil and Political Rights
ICJ International Court of Justice
ICRC International Committee of the Red Cross
ILO International Labour Organization
IMF International Monetary Fund
IMSI International Mobile Subscriber Identity
NGOs Non-governmental Organisations
OAS Organization of American States
OHCR Office of the High Commissioner for Human Rights
OSCE Organisation for Security and Co-operation in Europe
P Page
PP Pages
R2P Responsibility to Protect
SARS Special Anti-Robbery Squad
SDGs Sustainable Development Goals
UCDP Uppsala Conflict Data Programme
UDHR Universal Declaration of Human Rights
UN United Nations
UNDP United Nations Development Programme
UNEWS United Nations Early Warning System
UNGA United Nations General Assembly
UNGP United Nations Guiding Principles on Business and Human Rights
UNPOS United Nations Political Office for Somalia
US United States
vii

USA United States of America
Vol Volume
viii

ABSTRACT
Global stability is severely threatened by civil unrest, which frequently results in human
rights abuses and acts as a potential risk to peace. By exploring the intervention strategies
employed by international law in quelling civil unrest, this project aimed to shed light on
the effectiveness and loopholes of these interventions in safeguarding human rights. The
study begins by elucidating the interconnectedness and the integral relationship between
international security and the protection of human rights. The comprehensive examination
of civil unrest as a disruptive force necessitated acknowledging the intricacies, root causes,
consequences and dynamics of such situations in different nations. In analysing the
intervention of international law, this project investigates the legal frameworks and
structures and the recognised role of international and regional bodies in promoting and
enforcing human rights standards during unrest. The study also addresses issues of
jurisdiction, accountability, and the difficulties of enforcement schemes in volatile
environments. Furthermore, the role of non-state actors, such as armed groups and
transnational networks, in perpetuating human rights abuses and disrupting security are
considered. Overall, the research underlines the need for contemporary approaches such as
the application of digital tools for reporting human rights abuses, reversible rewards as an
alternative enforcement scheme, and development projects amongst many others. It also
highlights the need for coordinated efforts among states, international organisations,
financial institutions, the media and civil society to address the challenges of civil unrest.
This project concludes by providing valuable insights and recommendations for
policymakers, institutions, and scholars in international security, human rights, and conflict
resolution.
ix

CHAPTER ONE
1.1 Background to the Study
The phrase “international security” connotes every State’s legal right to utilise any
applicable security measure and every State’s duty to support such efforts. Therefore,
maintaining and modifying international relations to reassure every State that peace will not
be disturbed, or at the very least, that any breach of the peace will have minimal effects,
represents the goal of international security.1
It is essential to mention that international and regional organisations have made efforts to
address several factors that threaten global security and peace, including international and
non-international armed conflict, poverty, deadly infectious diseases, and environmental
degradation. However, they have yet to be able to do much about civil unrest or non-
international armed conflicts, as it is typically viewed as falling within state security
management and not under their control.2
However, the notion that only states can quell civil unrest has been challenged in recent
years with the advent of the concept of ‘human security’, which admits that threats emanate
not only from States and from non-State actors but can also occur between States and the
people. To this extent, the international community is now actively contributing and
refocusing on developing strategies to suppress civil unrest, especially in light of its
detrimental effects on people’s fundamental rights in the 21st century.3
Most of the world’s large cities experience some form of civil unrest, also known as riots,
non-international armed conflicts, civil disturbances, and civil disorder. Because of its
enormous and devastating implications, it poses a severe threat to human rights and
security.4 Many factors, such as poor living conditions, hostile working conditions, a lack
1
Betrand Ramcharan, “A New International Law of Security and Protection” (2015) available at
https://www.un.org/en/chronicle/article/new-international-law-security-and-protections (accessed 30 January
2023).
2
Ibid.
3
Bruno Simma, Daniel E. Khan, George Nolte & Andreas Paulus, The Charter of the United Nations (3rd
Edition): A Commentary, (Oxford University Press: Oxford, 2012).
4
Paul Bellamy, “Threats to Human Security” in Alexander Lautensach and Sabina Lautensach (eds), Human
Security in World Affairs: Problems and Opportunities (BCcampus & University of Northern British
Columbia, 2020) available at https://opentextbc.ca/hr/threats-human-security (accessed 30 January 2023).

of political representation, unsatisfactory health care and education, and racial issues, cause
civil unrest. These actions violate rights guaranteed by international treaties like the
Universal Declaration of Human Rights (UDHR), which contains provisions like Article 3
on the right to life, liberty, and security of person; Article 23 on favourable working
conditions; and Article 25 on the right to a minimum standard of living.5
As it is naturally considered a topic within the national context, civil unrest has been defined
by various national policies. For example, Title 18 of the United States Code § 232 defines
it as "any public disturbance including acts of violence by assemblages of three or more
persons, which presents an immediate danger to or resulting in damage or injury to the
property or person of any other individual."6 A notable development currently is that due to
the excessive violence and inhumane nature commonly associated with internal armed
conflicts, as well as the significant threat they pose to human life, states are gradually
abandoning their resistance to the establishment of international regulations and standards.
Consequently, the international community has been able to intervene and issue declarations
aimed at putting an end to civil unrest as well as regarding the protection of rights while
civil unrest is ongoing. 7 Additionally, states' consent to international involvement in their
affairs aligns with their obligations under the UDHR and Preamble of the ICCPR8, which
emphasise the collaborative pursuit of universal respect for and adherence to human rights
and fundamental freedoms.
Thus, collective security measures and policies have advanced, and international treaties like
the Four Geneva Conventions,9 the Geneva Protocol II (1977);10 the Cultural Property
Convention (1954) and its Second Protocol of 1999; Protocol II to the Conventional
Weapons Convention, on the Prohibition or Restriction on the Use of Mines, Booby-Traps,
5
Universal Declaration of Human Rights, 1948; The Charter of the United Nations, 1945.
6
United States Code (USC) 2011, Title 18 § 232.
7
International Committee of the Red Cross (ICRC), “The Law of Armed Conflict: Non-international armed
conflict” available at https://www.icrc.org/en/doc/assets/files/other/law10_final.pdf (accessed 30 January
2023).
8
UN General Assembly, International Covenant on Civil and Political Rights (1966).
9
See Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the Field (1949); Geneva Convention for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea (1949). Geneva Convention relative to the Treatment of
Prisoners of War (1949) and Geneva Convention relative to the Protection of Civilian Persons in Time of
War (1949).
10
International Committee of the Red Cross (ICRC), Protocol Additional to the Geneva Conventions of 12
August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II).

and Other Devices (1996), and the Ottawa Landmines Treaty (1997) all provide for greater
international security.11
This paper examines the current global framework for strengthening international security,
and the measures States have taken to stifle unrest. This study brings to the fore the heavy
negative influences of civil unrest, what states may be doing incorrectly to quell it, and
highlights how the implementation of international laws could improve the security system,
particularly concerning safeguarding human rights. The policies of the United Nations and
other international organisations involved in protecting human rights are also reviewed in
this study.
1.2 Statement of the Problem

Although the international community currently sees security as a unifying element, and has
moved beyond limiting itself from intervening in the internal affairs of nationalities except
under the circumstances outlined in Article 2(7) of the UN charter,12 their efforts have not
been as practical due to various challenges encountered over time.
The rate of internal conflicts or civil unrest has risen tremendously since the end of the World
Wars in 1918 and 1945 respectively. A study spanning the years 1946 to 2001 revealed 225
armed conflicts, of which 163 were internal involving hostilities between the states and
internal opposition parties without the involvement of other nations.13 Since 1989, there have
been 721 non-state conflicts reported by the Uppsala Conflict Data Programme (UCDP),
with 39 active conflicts on average each year. In 2018, 76 such disputes were reported,
compared to 83 in 2017, the peak year.14
Civil unrest usually begins with a group of individuals protesting against major socio-
political issues or other topics on which they disagree. As a direct result of riots, lives are
lost, casualties occur, and property is destroyed, with both public and private property being
targeted. Women, children (who are frequently recruited as fighters), and the elderly are
among the most vulnerable populations and those who suffer the highest casualties. This is
11
ICRC supra note 7.
12
United Nations, Charter of the United Nations (1945)
13
Paul Bellamy and Karl DeRouen Jr, International security and the United States: An encyclopedia,
(Greenwood Publishing Group, 2008) available at
https://books.google.com.ng/books/about/International_Security_and_the_United (accessed 30 January
2023).
14
Bellamy, supra note 4.

because these conflicts take place in urban and other suburban areas, where there are no
clear battle lines and fighting is present throughout the nation making it difficult to designate
safe zones.15
Unsafe cities imply that the global community has failed, forcing millions of people to live
with less and limiting prospects for many, particularly vulnerable groups. Given the strategic
and political importance of cities, unchecked civil unrest can destabilise an entire state.
In light of the aforementioned, questions have been raised concerning the extent to which
the influence of the international community can be reinforced and the efficiency of their
policies in putting an end to civil unrest in states. To counter the threats to human security,
it is imperative to have a more extensive and logically sound understanding of what it entails.
It would also mean governments need a greater understanding of the importance of security
and the need for states to collaborate to safeguard people's rights.
There is also a need to move beyond the traditional international community's enforcement
mechanisms, which are falling behind, and instead, consider stakeholders who can either
advance their intention to protect certain violated rights and put an end to the many violent
conflicts or who can propose alternatives through which people can express their
dissatisfaction.
1.3 Research Questions
The research problem of this project can be broken down into the following questions:
1. What is civil unrest, how has it historically manifested, how does it pose a systemic
risk, and how does it threaten fundamental human rights?
2. Why is maintaining international security crucial, and how has the international
community been striving to do so without undermining the states’ sovereignty?
3. Are there human rights-oriented approaches adopted by nations toward quelling civil
unrest?
4. What are practical measures to be taken to end civil disturbances without
jeopardising citizens' rights to development and opposition?
15
Ibid.

5. Who are the stakeholders who may actively influence how international law is
conceptualised to solve contemporary security and human rights protection issues?
Does the financial and trade sector fit in?
1.4 Objectives and Significance of the Research
The specific objectives of this study would be:

1. To succinctly discuss the root causes of civil unrest, its potential to operate as a
global shock trigger in the future, and how significantly it has undermined human
rights.
2. To highlight noteworthy United Nations, Organisation for Security and Co-
operation in Europe (OSCE), and International Committee of the Red Cross
(ICRC) policies that can be used to contain civil unrest.
3. To identify the actions implemented by African and European states to contain
civil unrest, particularly those that have influenced human rights protection.
4. To proffer recommendations for ending civil unrest after understanding the
psychology behind conflict resolution.
5. To determine how different governmental and non-governmental stakeholders,
particularly those in the trade and financial sectors, might contribute to
international security.
1.5 Research Methodology

This study's major research approach is qualitative, and data will be acquired from both
primary and secondary sources. The primary sources are international laws, UN nation-state
laws, and case law. Significant local and international legal rulings relating to the
international community's authority over civil unrest would also be taken into account.
The conflict resolution policies of international organisations such as the UN, the Council
of Europe, the OSCE, and the ICRC will also be scrutinised. Books, journal papers,
materials discussing civil unrest management scholars’ opinions on conflict resolution, and
internet materials are among the secondary sources.

1.6 Synopsis of Chapters
Chapter 1 introduces the project by providing context for the research. This chapter
examines the research problem, outlines the research questions to be addressed during the
research project, and outlines the research objectives to be achieved at the end of the research
project. It also outlines the project's research methodology and includes a literature
assessment on the term "civil unrest."
Chapter 2 examines the specific causes of civil unrest and the negative effects of insecurity
on human rights in general with statistical analysis. Human rights issues associated with
civil unrest are taken into account, such as security personnel and their right to health,
children in conflicts and their rights, and terrorism and violent extremism. This chapter
focuses heavily on the rights that have been violated and their significance.
Chapter 3 reviews international institutions and salient provisions of policies that have been
executed at the regional, national, and international levels to combat the escalating threat of
international insecurity. In addition, the function of the different international enforcement
agencies and the difficulties encountered in the enforcement of policies would be debated in
this chapter.
Chapter 4 aims to bring attention to practical and contemporary strategies that the
international community should prioritise in order to sustain peace and security.
Additionally, it delves into the underlying philosophy or psychology behind efforts to quell
unrest and mobilise protest organisations. Furthermore, the chapter examines and compares
the strategies that developed and developing nations have adopted, using selected countries
as case studies. Lastly, this chapter looks at how international trade and the financial sector
can support the advancement of human rights in times of civil turmoil.
Chapter 5 contains the conclusion and recommendation. Suggestions for improved

enforcement techniques will be presented in this chapter, as will the likely contributions of
women and young people, as well as security stakeholders and human rights organisations
be stated. These best practice recommendations will be based on a local strategy that
incorporates legislative, judicial, infrastructural, and practical protective measures.

1.7 Literature Review
Civil unrest can occur in various ways including brutal public executions, looting, street
brawls, coups, violent demonstrations, terrorism, and civil war or non-international armed
conflict.16 This review defines the term "civil unrest" both operationally and nominally. Civil
unrest is evaluated operationally in terms of its measurement indicators, and a statistical
threshold is used to establish the line between the stage of protest or expression of frustration
and the rise of civil unrest. The number of protesters, the scope or proportions of armed
violations, and the number of strikes have all been used to assess the ruthlessness of civil
unrest. Additionally, as Zhang points out, certain definitions of civil unrest ‘are based on
historically proven nationwide social unrest (affecting more than five provinces at once),
which are brought on by the same root causes’.17 Keidel likewise takes an operational stance,
as evidenced by his association of a civil disturbance with "a protest involving more than
eight participants."18
In contrast, nominal definitions stress that civil unrest does not happen overnight and
attempts to draw parallels between civil unrest and other concepts such as political
engagement, social movements, conflict and crises, and collective violence. In addition,
according to the nominalists, four major events lead up to civil unrest.
The first is dissatisfaction, which happens as the gap between perceived reality and
expectations enlarges. The second is protest organisation, which occurs when people believe
that dedicating resources to organising protests is worth the probability of achieving the
desired result. Third, the formation of protest groups to launch unorthodox protests (which
is dependent on some structural and motivating variables); and fourth, organised acts of
violence. Civil unrest is made up of three main elements: the understanding of a legitimate
reason that would justify even the use of force; the government's inability to handle the
situation due to a lack of resources, excessive retaliation; and an unpredictable factor of mass
momentum that may occur when some trigger is introduced.19
16
Tilly Charles, The Politics of Collective Violence (Cambridge: Cambridge University Press, 2003).
17
Dian D. Zhang, Chiyung C. Jim, Chusheng Lin and Yuanqing He and Harry F. Lee, “Climate Change,
Social Unrest and Dynastic Transition in Ancient China” (2005) Chinese Science Bulletin,Vol 50, No 2
available at
https://www.researchgate.net/publication/227036720_Climate_change_social_unrest_and_dynastic_transitio
n_in_ancient_China (accessed 30 January 2023).
18
Ortwin Renn, Aleksandar Jovanovic and Regina Schröter, Social Unrest (OECD Publishing, 2012) p. 18.
19
Ibid at 24-30.

According to Kepplinger, the most essential aspect in understanding civil violence is the
demonstrators' view that their actions are morally legitimate in light of the severity of alleged
oppression or interest abuses by the opposing side. The more demonstrators face what they
believe to be disproportionate pressure, the more inspired they are to escalate their violence
and terrorise.20 Links, O’conor and Sauer’s opinion are also to this effect, as they noted that,
“Mass demonstrations typically convene for the purpose of drawing attention to a cause, and
expressing support for a dissent against public policies, political issues, government or
corporate conduct, social phenomena, and numerous other causes.”21
It is critical to understand that rebellion keeps humans from losing their sense of outrage at
cruel behaviours and cannot be extinguished from society. States must therefore strike a
balance between the need to hold protesters accountable for their behaviour for the sake of
national security and the need to protect free expression and maintain an accountable
democratic system. This is because, rebellion "is ultimately positive as it exposes the aspect
of man that must always be defended, yet appears negative because it creates nothing." 22
It is also worth noting that civil unrest is a type of systemic risk due to its high degree of
complications and uncertainty. On the one hand, they have many spillover effects into other
sectors of society and, in the worst case, can lead to the downfall of a political structure. On
the other hand, civil unrest may be a systemic impact itself. 23
20
Ibid.
21
Dave Donohue, “Preparing for Civil Unrest” available at https://nfa.usfa.fema.gov/pdf/efop/efo248668.pdf
(accessed 30 January 2023).
22
Lippman Matthew, "The Right of Civil Resistance Under International Law and the Domestic Necessity
Defense," (1990) Penn State International Law Review: Vol. 8: No. 3 available at
http://elibrary.law._source=elibrary.law.psu.edmedium=PDF&utm_campaign=PDFCoverPages (accessed 30
January 2023).
23
Renn supra note 18.

CHAPTER TWO
THE PREDOMINANT CAUSES AND IMPACTS OF CIVIL UNREST

2.1 Introduction
In the early twentieth century, individuals were more reliant on their state governments than
at any other period in history, because of cross-border trade, which made their futures and
development reliant on their governments' diplomacy with other states. The notion that
government alone governs a person's survival in the modern day is however, out of date, as
external threats from other states have lessened, with the resultant effect of having reduced
the government’s power to protect their citizens from these risks.24
Citizens are now compelled to seek other solutions since states fail to handle contemporary
global problems contributing to human insecurity, such as environmental pollution, terrorist
threats, and epidemics, which are impossible for a government working alone to manage
properly. These challenges encountered by States necessitated the involvement of the
international community in enforcing global security and accountability, which would entail
letting go of the preconceptions that states must decide security measures which are
conventional but still prevalent in political systems. 25
Citizens, however, began to rise and speak out against unfair government actions within
states through a variety of protest movements, which have been legalised by international
treaties that recognise these rights. Articles 19 and 21 of the International Covenant on Civil
and Political Rights (ICCPR),26 for example, protect people's right to peaceful assembly and
freedom of expression, although with considerable limitations. Together with other
associated rights, the right to peaceful assembly safeguards people's freedom to exercise
personal autonomy in unity with others. It also fosters a society that values inclusivity and
active citizen participation.27
24
Peter Hough, Understanding Global Security, (Routledge: New York, 2008) pp 247-260.
25
Ibid.
26
UN General Assembly, International Covenant on Civil and Political Rights (1966).
27
United Nations Human Rights Committee (HRC), General comment no. 37 on the right of peaceful
assembly (article 21) (2020) available at https://documents-dds-
ny.un.org/doc/UNDOC/GEN/G20/232/15/PDF/G2023215.pdf?OpenElement (accessed 25 May 2023).

This is consistent with Professor Richard Falk's theory that the world order system that has
existed since the Peace of Westphalia (1648) will significantly shift because of a vast
reorganisation of international life based on the priority of individuals. Nonetheless, it is
evident that if the controlling body does not immediately suppress a nonviolent protest, it
might turn violent and cause serious harm.28
This chapter looks at the underlying causes of civil unrest, its consequences, its potential to
serve as a global shock trigger in the future, and case studies of civil unrest worldwide. It
also examines a few fundamental rights whose violations or misapplication provoked public
turmoil.
2.2 The Common Causes of Civil Unrest with case studies

While there are several broad causes of civil unrest in various states, Greed and Grievance
are underlying factors that help to explain why people participate in violent confrontations
against their government. The "greed" argument contends that people revolt when they stand
to gain something from it, whereas the "grievance" argument contends that people rebel
when they are furious with their governments as regards perceived injustice, rather than to
obtain personal profit. 29It is therefore essential to understand the specific variables that have
triggered civil unrest.
2.2.1 Economic Challenges
Economic mismanagement and systemic corruption jeopardise people's well-being and

contribute to civil unrest in many countries by stifling progress, raising living costs, and
creating discontent. Many people are resentful because their government failed to establish
reliable political structures and address economic concerns such as inflation and
unemployment that eventually spark revolutions.30 For instance, Unrest erupted in Latin
American countries such as Argentina, Chile, Peru, and Colombia because of the lower-
than-expected 0.5% economic growth in 2019. One million people also protested in
Colombia in response to potential changes in pension, salary, and tax legislation, while in
28
Matthew, supra note 22.
29
David Cingraneli, Skip Mark, Mark Gibney, Peter Haschke, Reed Wood and Daniel Arnon “Human
Rights Violations and Violent Internal Conflict” (2019) available at https://www.mdpi.com/2076-
0760/8/2/41 (accessed 6 March 2023).
30
Ibid.
10

Ecuador, where the government chose to withdraw fuel subsidies, there were so many
demonstrators in the capital city of Quito that prompted the president to relocate the
government.31
Conflicts over resource ownership and the exploitation of natural resources by a minority,
particularly when they are allotted unequally, often motivate opportunistic rebellions and
incite people to adopt violent factions’ ideologies because they promise a better course of
action in allocations. For example, conflicts in Zimbabwe and South Africa were triggered
by white farm ownership disputes and the government’s failure to resolve them. 32
Food scarcity and economic hardship are two other elements that contribute to civil
instability. Due to a multitude of causes such as conflicts, environmental trends, and
pandemics like the COVID-19 pandemic, the global food system is in jeopardy, prompting
the need for more sustainable and sufficient infrastructure.33 Around 155 million people in
55 countries were estimated to be suffering from extreme hunger according to the 2021
Global Report on Food Crises, and in developing nations soaring food costs have pushed an
estimated 44 million people back into poverty, increasing the risk of unrest.34 According to
a report published in February 2011 by the Food and Agriculture Organization of the United
Nations (FAO), the global food price index surpassed its previous peak in June 2008 and
sparked violent protests in nations like Haiti, the Philippines, and Yemen.35
2.2.2 A Fragile State
A nation is considered fragile if it fails to uphold the rights of its population, despite having
a stable government. People are inclined to join rebel forces when they lack avenues to
exercise their rights and express their opinions, encounter difficulties in political
engagement, face inhumane treatment by authorities, and experience a shortage of
employment opportunities, among other factors. For instance, despite North Korea's
31
Mark Tarallo, “Global Civil Unrest Challenges Security Professionals” (2020) available at
https://www.asisonline.org/security-management-magazine/articles (accessed 6 March 2023).
32
DeRouen Jr. Karl and Heo Uk (eds.), Civil wars of the world: Major conflicts since World War II, (ABC-
CLIO, 2007) p 16.
33
Victoria Masterson, “What are food crises and how many people are affected by them?” (2021) available
at https://www.weforum.org/agenda/2021/05/global-food-crises-report-conflict-2021/# (accessed 6 March
2023).
34
Michael Schuman, ‘A Future of Price Spikes’ Time article (14 July, 2011) available at
http://content.time.com/time/business/article/0, (accessed 6 March 2023).
35
ibid.
11

longstanding totalitarian regime, its abysmal human rights record poses a significant risk to
the stability and potential downfall of the system.36
Internal conflicts and risks to human security might arise because of racial, regional, and
religious divisions. According to the World Bank, the likelihood of insurrection increases
by 50% if the largest ethnic group in a multi-ethnic country has an absolute majority.
Minorities in such communities may be concerned that a mere democratic system of
governance will result in their separation from power.37 Ethnic minorities who are socially
underprivileged are highly vulnerable, as were indigenous Chinese in Indonesia and the
Philippines, 38Igbos in Nigeria during the 1967–1970 civil war, and Hindus and Muslims in
India over the contentious sacred site of Ayodhya.39
Furthermore, law and order may suffer a lot from political tensions or political instability.
Massive protests erupted in Iran when opposing candidates challenged Mahmoud
Ahmadinejad's election and claimed vote fraud. Protests erupted after Vladimir Putin won
the Russian presidential election in March 2012, and there were demonstrations after the
Russian government barred some opposition candidates from standing in the September
2019 state elections. There was extensive misconduct and civil violence throughout the
1999, 2003, 2007, and 2011 general elections in Nigeria that delivered Olusegun Obasanjo,
Umaru Yar'Adua, and Dr Goodluck Jonathan to office.40 Likewise, despite former President
Robert Mugabe's absence from the voting box, the July 2018 presidential election in
Zimbabwe was marred by violence.41
Protests have also occurred in several countries in response to the brutality of law
enforcement personnel and extrajudicial killings. The Special Anti-Robbery Squad (SARS),
which had been torturing young male Nigerians and extorting, assaulting, jailing, and killing
anyone who did not comply with their requests, sparked the ENDSARS protest in Nigeria in
36
Human Rights Watch, “North Korea Events of 2020” available at https://www.hrw.org/world-
report/2021/country-chapters/north-korea (accessed 6 March 2023).
37
DeRouen, supra note 32 at 18.
38
Chua Amy, World on fire: How exporting free-market democracy breeds ethnic hatred and global
instability (Anchor Books, 2003).
39
40
Suleiman M. Sa’eed, “Effects of Civil Unrest on the Society: A Case Study of Jos North Local
Government Area, Plateau State” available at https://www.africanscholarpublications.com/wp-
content/uploads/2016/03/EFFECTS-OF-CIVIL-UNREST-ON-THE-SOCIETY.pdf (accessed 6 March 2023).
41
12

2020, resulting in civil unrest across the country.42 Meanwhile, in the United States,
demonstrations against racist violence and police brutality began in 2013, but have since
gained international attention and ignited unrest globally.43
2.2.3 Inadequate and Inefficient Leadership
Rebel leaders have been able to build and heighten tensions that end in conflict by exploiting
the deficiencies of the dejure authority. The abuse and misuse of power by democratic
leaders, which frequently involves violence against the opposition, favouritism of allies, the
fraudulent use of public resources, and an unwillingness to solve important concerns
affecting the living standards of the general population make people aggrieved.44 This poor
and ineffective leadership damages the administration's legitimacy and sows discontent,
particularly in cases of clear policy failure. The regime's opponents then benefit from this
decline in support by constantly pushing for retaliation and the need for aggressive acts
against their opponents to profit from the resentment of the populace.45
For instance, in former Yugoslavia, the leadership of Slobodan Milosevic played a huge role
in the 1990s conflict, and in Syria, Bashar al-violent Assad's assault on protesters in 2011
produced a devastating conflict, with over 500,000 people killed or lost.46 Moqtada Sadr,
who founded a paramilitary group, the Mehdi Army, that fought against US-led forces in
Iraq and was accused of organising retribution killings against Sunni Arabs long after
Saddam Hussein's fall, exemplifies the power of a rebel leader.47
2.2.4 The Presence of ‘Youth Bulge’ in a State
Gunnar Heinsohn coined the phrase "youth bulge" to describe a situation in which a
significant proportion of young people are either unemployed or underemployed, and who
42
Amnesty International, "EndSARS movement: from Twitter to Nigerian Streets", (2021) available at
https://www.amnesty.org/en/latest/campaigns/2021/02/nigeria-end-impunity-for-police-violence-by-sars-
endsars/ (accessed 6 March 2023).
43
Chloe Banks "Disciplining Black activism: post-racial rhetoric, public memory and decorum in news
media framing of the Black Lives Matter movement", (2018). Continuum. 32 (6): 709–720 available at
https://doi.org/10.1080/10304312.2018.1525920 (accessed 6 March 2023).
44
45
Ibid.
46
BBC, ‘Syrian President Bashar al-Assad: Facing down rebellion’ (3 September 2018); BBC, ‘Sense of an
ending for Syria’s war on Idlib front line’ (9 October 2018).
47
13

are thus acting as a driving force behind increasing internal unrest. Youths are particularly
prone to civil unrest because, when their self-esteem is weakened due to their inability to
have a source of livelihood, they are more likely to seek financial and social
accomplishments through illegal means.48
Many factors contribute to youth bulge, including urbanisation without adequate

infrastructure and a significant difference between the qualifications needed by employers
and what colleges and universities teach. 49 These issues foster a favourable environment for
black market trade, which quite often benefits gangs and local militias and allows young
people to be drawn into violent extremist movements that use violence and terrorist acts to
advance their ideological, political, economic, or social goals.50 For instance, according to a
report by Population Action International, 80% of civil conflicts between 1970 and 1999
took place in nations with at least 60% of the population younger than the age of thirty.51
2.2.5 Violence-filled Wars in History
After a country experiences violent wars, the risk of more violence rises, and the likelihood
of another conflict is thought to be two to four times higher for these nations since the same
factors that ignited the first conflict usually continue to be in play as the consequent
destruction and casualties further activate the causes of civil unrest. 52
Grievance and unwavering hatred between competing factions impede reconciliation and
take time to overcome. The likelihood of post-war unemployment for many people with
little experience other than fighting and their easy access to weapons encourages a return to
violent conflict. When there is little trust within violent factions, the fate of weaponry depots
after a conflict can also cause friction. For instance, despite a 2002 truce and the installation
48
Lionel Beehner, “The Effects of ‘Youth Bulge’ on Civil Conflicts” (2007) available at
https://www.cfr.org/backgrounder/effects-youth-bulge-civil-conflicts (accessed 6 March 2023).
49
Ibid.
50
United Nations Development programme “Preventing Violent Extremism through promoting inclusive
development” (2016) available at
https://www.undDiscussion%20Paper%2Extremism%20by0Development.pdf (accessed 21 June 2023).
51
Beehner, supra note 48.
52
14

of a UN mission to monitor the peace process, places like Cabinda in Angola have been
embroiled in conflict since gaining independence in 1975.53
2.2.6 External Interference
Foreign governments can have a significant impact on civil unrest when they send their
troops, and assist in the funding, equipping, providing intelligence, or training of groups
they favour. External help is also consistently offered, as foreign powers played a significant
role in 32 of the 163 internal wars that occurred between 1946 and 2001. 54 Irrespective of
how they are involved, violent conflict typically intensifies when opposing factions gain
power, especially when external powers take direct action on their behalf, and this
intervention may be encouraged if they stand to benefit from the dispute.55
The involvement of the United States and the Soviet Union in Afghanistan in the late 1970s
and early 1980s is an example of external involvement. Iran's assistance to Iraqi militias
against US-led forces by sending ammunition and explosives is another case study from the
post-cold War period portraying external encouragement of civil unrest.56
2.3 Impact of Civil Unrest and Protests on Human Rights Security

Although civil unrest has often had a detrimental effect on human rights protection and state
economic development, it has occasionally had a positive impact, which is why protests are
perceived as necessary for holding governments accountable.
2.3.1 Negative Consequences of Civil Unrest
Protracted war and human rights violations are closely connected. Civil disturbance directly
affects the practice of some fundamental civil rights, particularly the rights to life, liberty,
privacy, a fair trial, and human dignity. Violent conflict frequently deteriorates infrastructure
53
Ibid.
54
Gleditsch, N. Petter, Wallensteen Peter, Eriksson Mikael, Sollenberg Margareta and Strand Harvard
(2002). “Armed conflict 1946–2001: A new dataset” Journal of Peace Research, 39(5) available at
https://doi.org/10.1177/00 (accessed 6 March 2023).
55
56
Gordon Michael and Lehren Andrew, ‘Leaked reports detail Iran’s aid for Iraqi militias’ The New York
Times. (October 22, 2010) available at https://www.nytimes.com/2010/10/23/world/middleeast/23iran.html
(accessed 6 March 2023).
15

and civic institutions, undermining various rights.57 For instance, the right to appropriate
health care and education is jeopardised when hospitals and schools are shut down.
Moreover, pollution, food shortages, and general poverty are frequently the results of the
breakdown of economic infrastructure. In addition to violating peoples' rights to self-
determination, these many forms of economic repression and decline frequently cause other
human tragedies like disease, starvation, and a lack of proper shelter.58
Due to civil unrest and the high death toll, late 2019 was an especially dangerous year for
many countries. At least 33 people were killed in street violence in Bolivia that followed a
contentious election in October 2019. In Ethiopia, almost 400 people were jailed and at least
78 died during political protests in November 2019. At least 400 people were killed in Iran
because of the government's violent response to street protests in November 2019.59 More
than 500 people were killed in Iran during the months-long anti-government rallies that
began in October 2019 under Adel Abdul Mahdi, the vast majority of them were unarmed
protesters.60
Civil unrest on a global scale endangers international security, disrupts peace, affects social
and economic growth, and negatively influences specific groups. It also harms the
environment, disrupts social, educational, health institutions, and psychologically
traumatises entire generations of youngsters, and forces people to flee their homes. As a
result, large numbers of individuals have become refugees or internally displaced persons.61
Ironically, human rights abuse commonly results in war, and conflict often leads to human
rights abuses. Therefore, it is not surprising that upholding human rights is crucial for
peaceful conflict settlement.62
57
Michelle Maise, “Human Rights violation” (2003) available at Human Rights Violations | Beyond
Intractability (accessed 6 March 2023).
58
Ibid.
59
Tarallo supra note 31.
60
Reuters Staff, ‘Iraqi forces kill protester, wound 40 in southern Basra: security, rights sources’
EverythingNews ( 6 November 2020).
61
Peter K.A. Da Costa, “The Economic Causes and Consequences of Civil Wars and Unrest in Africa”
(1999) available at The Economic Causes and Consequences of Civil Wars and Unrest in Africa - (accessed
6 March 2023).
62
Helena Kennedy. "Conflict Resolution and Human Rights: Contradictory or Complementary?" (2010)
INCORE.
16

2.3.2 Positive Consequences of Protests
Civil unrest and nonviolent protests against unlawful government actions can culminate in
systemic change and a revolution. They raise awareness of a specific population’s
difficulties and attempt to reform things. 63In the United States, the Civil Rights Act of 1964
and the Fair Housing Act of 1968, which respectively prohibit both employment and housing
discrimination were implemented in response to demonstrations. In addition, Barack Obama
was elected president of the United States in 2008 in response to the protests for the fair
treatment of blacks, instigated by the Fair Opportunity Act of 1972, which aimed at ensuring
African Americans were fairly represented in essential areas.64 In Nigeria, in response to the
police brutality protests, the Nigerian government disbanded the SARS unit and banned
them along with Special Tactical Squad, Intelligence Response Team, Anti-Cultism Squad
and other tactical units from conducting stop-and-search operations in 202065
2.4 Conclusion
Violent riots often occur as a response to civil, political, and economic rights violations.
These breaches of rights lead to conflicts centred around seeking justice to rectify perceived
injustices, further fueling hostility and strengthening the resolve of opposing groups to
continue in their pursuit. Protests legally sanctioned can grow into strong organisations when
labelled as outlaws, pushing them to become extreme and persistent in pursuing their aims.
As a result, the protests may grow and cause grievous damage due to government officials'
under-reaction or overreaction.66 Notwithstanding their territorial confinement, the causes
and consequences of civil unrest have a detrimental indirect impact on security and
economic development globally.
63
Meghan Werft and Julie Ngalle, “5 Peaceful Protests That Led to Social and Political Changes” (2016)
available at 5 Peaceful Protests That Led to Social and Political Changes (globalcitizen.org) (accessed 6
March 2023).
64
BBC Bitesize, “The civil rights movement in America: The Civil Rights Movement in America” available
at https://www.bbc.co.uk/bitesize/topics/zgb39j6 (accessed 6 March 2023).
65
Danielle Paquette, “Nigeria abolishes special police squad after nationwide protests” (2020) available at
SARS ended: Nigeria Police Force dissolves Special Anti-Robbery Squad - The Washington Post (accessed
6 March 2023).
66
Renn, supra note 18 at 35.
17

CHAPTER THREE
INTERNATIONAL AND REGIONAL LEGAL APPROACHES TO HUMAN

RIGHTS PROTECTION AND CIVIL UNREST MANAGEMENT
3.1 Introduction
As stated in the previous chapter, civil unrest frequently results in major violations of human
rights, necessitating the adoption and enforcement of laws and policies by international
institutions and states to ensure the security of individuals, as well as collaborative efforts
to prevent and eliminate threats to peace following their international obligations. 67 To fulfil
this obligation, the UN and its member states work individually and collectively to advance
"universal respect for and observance of human rights and fundamental freedoms."68
Several issues have necessitated international intervention to defuse civil unrest. One of
which is that states are unable to resolve civil unrest without harm being done, and as
such, international institutions have had to intervene to prevent further abuses of human
69
rights by implementing conflict risk reduction and conflict mitigation policies.
Additionally, civil unrest, regardless of its domestic focus, can jeopardise international
security. It has the potential to militarise already-existing conflicts between two states,
expose and worsen flaws in a state's armed forces, and divert resources away from the
nation's defence against external threats. Because of this vulnerability, the state may be in
danger of opportunistic attacks that would not have occurred in the absence of internal
conflict. 70An example is Iraq’s violent attack on Iran during the Iranian revolution over the
Shatt al-Arab waterway and other territories that they had disputed for years.71
This chapter would examine the various legal frameworks adopted by the global and
regional community to end non-international armed conflict or quell civil unrest, as well as
the impact of those frameworks' implementation to date.
67
United Nations supra note 12 at Article 1(1)
68
United Nations supra note 12 at Article 55 and 56
69
Paul Stares and Micah Zenko, “How International Institutions Prevent Conflict” (2011) available at
https://www.jstor.org/stable/pdf/resrep05765.7.pdf (accessed 26 April 2023).
70
Kristian Skrede Gleditsch, Idean Salehyan and Kenneth Schultz, “Fighting at Home, Fighting Abroad:
How Civil Wars Lead to International Disputes” (2008) 52 The Journal of Conflict Resolution, available at
https://www.jstor.org/stable/pdf/27638622.pdf (accessed 26 April 2023).
71
Ibid.
18

3.2 Areas of Intervention in Civil Unrest by International Institutions
Although Article 2(7) of the UN Charter forbids the UN from interfering in the domestic
affairs of member states, the UN has the authority to intervene in non-international armed
conflicts. This is because Article 2(7) further provides that the prohibition is not in conflict
with Chapter VII of the Charter (enforcement actions), which would mean the UN is free to
intervene when the Security Council considers a non-international armed conflict to be a
threat to international peace and security.72 International institutions' roles and policies can
be classified into three categories: conflict risk reduction, crisis prevention, and conflict
mitigation policies.
I. Conflict Risk Reduction Policies

International organisations carry out certain steps to lessen the likelihood of instability and
conflict. This they do by controlling the production of weaponry that could destabilise the
world, restricting the influence of potentially dangerous non-state actors, and lessening the
detrimental effects of impeding socioeconomic issues, as well as other risk factors associated
with dysfunctional states.73 They have contributed to constraining disruptive weapon
systems by signing international treaties such as the Nuclear Non-proliferation Treaty
(1958), the Comprehensive Test Ban Treaty (1966), the Chemical Weapons Convention, and
the Biological Weapons Convention (1972),74 which have consequently reduced the risk of
conflict.75
The European Union (EU), African Union (AU) and Organization of American States
(OAS) have all also enacted fundamental laws, guidelines and norms that States adopt in
their relations with civilians. This includes the explicit endorsements of the “Responsibility
to Protect" (R2P) norm aimed at protecting civilians threatened by mass violence in their
charters.76 These normative shifts have facilitated economic growth, partnership in politics
and the formation of an ever-denser web of interconnected relationships within the States.
For example, the OAS has been successful in developing effective legal frameworks that
72
Lindsay Moir “The Implementation and Enforcement of the Laws of Non-International Armed Conflict”
(1998) Journal of Armed Conflict Law, available at https://www.jstor.org/stable/44508833 (accessed 10 April
2023).
73
Stares, supra note 69.
74
Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction (1972).
75
Stares, supra note 69 at pp6-8.
76
Ibid.
19

promote non-interference norms, which have slowed the increasing severity of territorial
disputes.77
II. Crisis Prevention Policies

International and regional organisations take precautions in the event of a potential conflict,
through diplomatic, financial, military, and legal actions to eliminate or reduce crisis
potential triggers. Because the UN and some regional organisations are in charge of the post-
conflict restoration, they have gradually increased their efforts in early prevention through
diplomatic channels.78 These preventive measures have proven effective in a variety of ways
such as:
- Electoral processes: To support the holding of peaceful elections in violent states, the UN
and regional organisations such as the EU, the OSCE, and the OAS provide technical support
and oversight before elections.79 Preventive measures, for example, were reportedly
successful in Ghana, Kenya, and the Maldives in 2008.80 Furthermore, post-election
international support for the procedure boosts the winner's legitimacy, and if the leaders seek
to engage in extra-constitutional political actions, international organisations, often in
collaboration with a loose alliance of nations organise quiet mediation for the competitors.
The UN Office for West Africa was successful in persuading the military leaders of Guinea,
Togo, and Niger to carry out their pledges to hand over weapons in 2010.81
- Ethnic/religious frictions: Before racial or religious tensions erupt into violence,

international parties frequently strive covertly to ease tensions or address the problems of
certain minority groups. One significant instance is the work of the OSCE's high
commissioner for minorities in tackling the prejudice towards ethnic groups in Eastern and
Central Europe, which has traditionally been a source of violence.82
– Resource/food scarcities: Recent World Bank and IMF efforts, such as conditioned
emergency funding and flexible credit lines to governments, have helped to reduce the rise
in food prices and shortages significantly. The UN World Food Programme established the
77
Ibid.
78
Ibid at pp 9-11.
79
Ibid.
80
Ibid.
81
Ibid.
82
Ibid.
20

Inter-Agency Standing Committee on Humanitarian Early Warning Service to provide
humanitarian early warnings and forecasts for environmental threats that commonly precede
food shortages.83
III. Conflict Mitigation Policies

Efforts taken by international organisations within this scope are targeted at the parties to a
conflict, to facilitate cooperative dispute resolution and encourage the award of better
rewards by States,84 which would promote peaceful outcomes and put an end to the conflict.
Thus steps are taken to identify and empower “moderators”, isolate or deter potential
“spoilers,” and sway the uncommitted towards an enlightened perspective.85
The UN and regional organisations have on many occasions carried out conflict mitigation
efforts. Being generally perceived as impartial or neutral actors certainly helps in allowing
them to broker negotiated compromises and serve as third-party mediators and arbitrators.
And, given the collective influence of their membership, international organisations have
advantages in threatening and imposing coercive measures such as economic sanctions,
travel restrictions, and arms embargoes.86
3.3 Legal Framework for Suppression of civil unrest

It is critical to distinguish between the legal systems that regulate the protection of human
rights during civil unrest and non-international conflict because directed by the former are
domestic and international human rights legislation, while international humanitarian law
governs the latter. Because the use of force is subject to greater state discretion under
international humanitarian law, it cannot be used all of the time.87 Although both depict a
scenario in which a population within a country takes a collective stance against the
government, they differ in terms of the severity and organisation of violence.88
83
Ibid.
84
Ibid.
85
Stares, supra note 66 at pp11-12.
86
Ibid.
87
UN Human Rights, Office of the High Commissioner (OHCR), “International Legal Protection of Human
Rights in Armed Conflict” available at https://www.ohchr.org/sites/default/files/Documents/ (accessed 26
April 2023).
88
Reinn Mullerson, “International Humanitarian law in Internal Conflicts” (1997) Vol 2 Journal of Armed
Conflict Law, available at https://www.jstor.org/stable/pdf/44508782.pdf (accessed 26 April 2023).
21

This writer believes that both civil unrest and non-international armed conflict disrupt
national peace and security and have the potential to affect international security, therefore,
discussed here are some of the laws and policies developed by international and regional
institutions to address both.
3.3.1 International Laws and Policies for the Protection of rights amid Civil Unrest and
Non-international Armed Conflict
Several laws prohibit violent protests and confrontations. Under the UN Charter and the
ICCPR, state parties have the authority to penalise violators and take the measures necessary
to put a stop to unrest. International organisations have created the following rules and
guidelines that states must follow while implementing the measures put in place because
actions taken by states must uphold fundamental human rights.
Concerning civil unrest, the United Nations Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials89 establishes guidelines for the use of force by law
enforcement authorities and states in Principle 13 that they must use non-violent means as
frequently as possible before using force. In addition, according to Principle 14, which
supports this provision, the use of firearms must be restricted to the absolute minimum
needed.90
Principle 9 establishes the criteria for the use of force by stating that officers may only use
fatal force "in self-defence or defence of others against the imminent threat of serious harm
or death; to prevent the commission of a serious crime posing a risk to life, to arrest or
prevent the escape of a person posing such a danger.”91 According to Principle 10, law
enforcement officials must also identify themselves as such and offer a clear alert before
deploying a firearm, allowing adequate time for the warning to be heard to avoid an unlawful
violation of a civilian's right to life and dignity.92
89
UN Congress, Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)
available at http://www.un.org/ruleoflaw/files/BASICP~3.PDF (accessed 26 April 2023).
90
Ibid at Principle 13-14.
91
Ibid at Principle 9.
92
Ibid at Principle 10.
22

Regarding non-international armed conflicts, Article 3 of the four Geneva Conventions,
which incorporates the basic minimum standards of international humanitarian law that are
applicable in conflict conditions, represents the first international attempt to create rules
governing it.93 The ICJ upheld this in its ruling, noting that the rules constitute "basic
humane considerations applicable under customary international law to any armed conflict."
Additionally, Article 3 outlines specific guidelines and protections for civilians, soldiers,
and other parties involved in armed conflict. It further stipulates that persons who do not
participate actively in disputes must be treated with dignity and without discrimination on
any grounds.94
Furthermore, the Article prohibits acts such as taking hostages, committing acts of violence
against people or property, passing judgement without a trial, and carrying out executions
without an execution warrant. Apart from that, it emphasises that the sick and injured must
be cared for and that the Parties to the conflict may accept the assistance of the ICRC, as it
is a neutral humanitarian organisation.95 The ICRC is empowered to do this under Article 3
of the Statute of the ICRC, which provides the mandate of the organisation. They are required
to ensure that there is a faithful application of international humanitarian law in times of
armed conflict and investigate any complaints alleging violations of that law.96
The Protocol II provisions of the Geneva Convention are similarly significant. Following
Article 4(3), children must be evacuated from areas of armed conflict to safer locations and
cannot be enlisted for war before the age of 15.97 To safeguard detainees from unfair
treatment, Article 5 requires the humane treatment of detainees, who must be provided with
food and water as well as fair access to medical care. Physical safety, personal hygiene and
protection from the dangers of armed conflict must also be provided for all those who have
been denied the right to freedom.98
93
Geneva Conventions, supra note 9 at Article 3.
94
International Committee of the Red Cross (ICRC), “The Law of Armed Conflict: Non-international Armed
Conflict” Lesson 10 available at The law of armed conflict - Lesson 10 - Non-international armed conflict
(icrc.org) (accessed 26 April, 2023).
95
Geneva Conventions, supra note 9 at Article 3.
96
Statutes of the International Committee of the Red Cross (2018) available at
https://www.icrc.org/en/download/file/63668/icrc-statutes-01-2018.pdf (accessed 26 April 2023).
97
Geneva Protocol II, supra note 10 at Article 4(3).
98
Ibid at Article 5.
23

The Protocol's Articles 13 and 14 shield civilians from the risks associated with conflict.
They are not to be the target of an assault, and it is unlawful to make threats of violence with
the intent of terrorising the general populace.99 According to Article 14, it is forbidden to
damage, take away, or render useless any resources necessary for the existence of the civilian
population, including livestock, food, farmland, drinking water facilities and supplies,
and irrigation systems.100
A series of resolutions passed by the UN General Assembly (UNGA) in the 1970s

emphasised the need for ensuring comprehensive respect for human rights in armed
situations.101 Civilian institutions such as houses, hospitals, and shelters are forbidden from
being targets of combat operations under Resolution 2675 (XXV).102 Added to that, is the
absolute recognition of other fundamental human rights during times of armed conflict.
Furthermore, one of the Sustainable Development Goals (SDGs)103 adopted by the General
Assembly, SDG 16 "Peace, Justice, and Strong Institutions," aims to eliminate every kind
of violence and promote intergovernmental cooperation in putting an end to conflict and
instability by 2030. Along with advancing human rights, it seeks to halt the flow of
unauthorised weapons and increase the participation of developing countries in global
governance institutions.104
The Security Council has made it a practice to include human rights issues in its resolutions
on armed conflict situations. Resolution 1746, for example, encouraged Afghanistan to
respect the human rights and humanitarian law of the civilian population in its totality.105
The Security Council has repeatedly chastised and sought accountability for abuses of
human rights and humanitarian law during armed conflict. For example, Resolution 1814106
99
Ibid at Article 13.
100
Ibid at Article 14.
101
UN Human Rights, Office of the High Commissioner (OHCR), “International Legal Protection of Human
Rights in Armed Conflict” available at https://www.ohchr.org/sites/default/files/Documents/ (accessed 26
April 2023).
102
UN General Assembly, Basic principles for the protection of civilian populations in armed conflicts
(1970) A/RES/2675.
103
UN General Assembly, Transforming our world : the 2030 Agenda for Sustainable Development (SDGs)
(2015) A/RES/70/1.
104
SDG at Goal 16.
105
UN Security Council, Security Council Resolution 1746 [the Situation in Afghanistan] (2007).
106
UN Security Council, Security Council Resolution 1814 (2008) [on the relocation of the UN Political
Office for Somalia (UNPOS) (2008).
24

and Resolution 1564107 called for those responsible for such atrocities in Somalia and Sudan
respectively, to face justice and condemned "all and any violations of human rights and
international humanitarian law." It also urged all state parties to respect completely their
obligations in this regard. Moreover, in Resolution 1894 the Council reiterated its
willingness to undertake action to address deliberate assaults on civilians and persistent
violations of relevant international humanitarian and human rights law in armed conflict
settings. 108
Protocol II provisions to the Conventional Weapons Convention (on Prohibitions or

Restrictions on the Use of Mines, Booby-Traps, and Other Devices)109 are particularly
important as they dictate how state parties should behave while resolving internal conflicts.
The use of any mine, booby trap, or other device that might cause undue injury is forbidden
under several provisions, most notably Article 3.
Furthermore, weapons covered by Article 3 of the Protocol may not be used against civilians
or civilian resources, whether in self-defence, retaliation, or any other capacity.110 The
fundamental principles regulating armed conflict included in the majority of enacted laws,
such as proportionality, military necessity, good faith, and humane treatment, are also
firmly rooted in customary international law standards.111
3.3.2 Regional Laws and Policies Protection of Rights amid Civil Unrest and Non-
international Armed Conflict
This section discusses some of the most significant regional legal frameworks that address
problems unique to each region's unrest while completing and reinforcing international rules
and policies for the protection of human rights.
107
UN Security Council, Security Council Resolution 1564 [on Darfur, Sudan] (2004).
108
UN Security Council, Security Council Resolution 1894 [on the protection of civilians in armed conflict]
(2009).
109
United Nations, Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other
Devices (Protocol II) [As Amended] (1996).
110
Ibid at Article 3.
111
ICRC supra note 94.
25

The African Charter on Human and Peoples' Rights112 is one of the most important regional
legal texts in this field. The Charter mandates state parties to safeguard and enhance a wide
variety of basic rights, including their protection amid national unrest. The African
Commission on Human and Peoples' Rights, a quasi-judicial entity, also monitors the
Charter's implementation and collects individual complaints and reports from state parties.
The African Charter on the Rights and Welfare of the Child is another regional agreement
that affirms a child's right to be shielded from all forms of violence, exploitation, and abuse
and calls on state parties to act appropriately to remedy these violations.113
The European Convention on Human Rights114 likewise governs the response of nations to
unrest. Numerous civil and political rights are acknowledged within it, and state parties are
obligated to protect and advance these rights. State parties also established the European
Court of Human Rights under the Convention to decide cases involving alleged Convention
contraventions.115
Additionally, the OSCE has established detailed guidelines for law enforcement personnel's
behaviour in times of unrest. The OSCE Guidelines on the Use of Force by Law Enforcement
Officials in the Context of Public Assemblies provide in-depth instructions on the use of
force and weaponry at public gatherings.116 The guidelines specify that law enforcement
officers should work to encourage peaceful protests and refrain from using physical force
unless it is their final option to quell or respond to violence.117
The Inter-American Commission on Human Rights (IACHR) has also set specific guidelines
for minimising disturbance and preserving human rights. The IACHR's Special Rapporteur
on Freedom of Speech has published numerous reports on the impact of social media on the
112
Organization of African Unity (now the African Union), African Charter on Human and Peoples' Rights
(1981).
113
Organization of African Unity (now the African Union), African Charter on the Rights and Welfare of the
Child (1990).
114
Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms
(1950).
115
Ibid.
116
OSCE Panel of Experts on Peaceful Assembly, OSCE Guidelines on the Use of Force by Law
Enforcement Officials in the Context of Public Assemblies, Section 141 -145 available at https:/2021-
09/Guidelies_Freedom_Assembly.pdf (accessed 26 April 2023).
117
Ibid.
26

freedom of speech and the right to peaceful assembly as it plays a negative role in provoking
conflicts.118
3.4 The Enforcement and Underlying Challenges in the Application of the Legal
Frameworks
The Human Rights Committee (HRC), its Sub-commission on the Prevention of Racial
Discrimination and the Protection of Minorities, and the implementation of ECOSOC
Resolutions 1235119 and 1503,120 which set up private channels for handling complaints of
violations, represent a few of the ways the UN ensures adherence to human rights law.
Additionally, the UN indirectly enforces the ICCPR through the HRC.121 However, in the
context of internal armed conflicts, this enforcement system has faced challenges. The
inquiry process often becomes time-consuming, the limited annual meetings of the Sub-
commission Working Group hinder timely action, and the governmental nature of the
Commission renders the established channels ineffective and impractical for effectively
protecting individuals in critical cases.122
Nevertheless, it is suggested that this Convention-based system of enforcement is more

structured, as it relies on legal obligations imposed on nations and the specific mandates
outlined by international organisations. Consequently, even in the absence of direct
enforcement by the UN, there is reason to be optimistic that governments, as signatories to
the conventions, will take their commitments seriously due to the negotiation and ratification
processes involved.
In this regard, Article 40 of the ICCPR123 and the Optional Protocol to ICCPR empowers
the HRC to conduct reporting procedures and allow individual complaints respectively;
however, these procedures are woefully inadequate when it comes to protecting human
rights in the face of internal unrest. This is because many states facing internal armed conflict
either do not report at all or report false information.124 For example, while Uruguay filed
118
Organization of American States, Inter-American Commission on Human Rights (1959).
119
UN Economic and Social Council, Resolution 1235 E/RES/1235(XLII), (1967).
120
UN Economic and Social Council, Resolution 1503 E/RES/1503(XLVIII) (1970).
121
Moir, supra note 72.
122
Ibid.
123
UN General Assembly supra note 26.
124
27

its third annual report in 1991, none was submitted during the country's tumultuous years of
civil unrest in the 1970s and early 1980s.125
Despite internal strife, some states make an effort to submit reports to the Human Rights
Committee, though the efficacy of this endeavour is debatable given the poor quality of the
reports. For instance, the Committee noted that while Iraq submitted its third periodic report
in June 1991, during internal conflicts involving its Kurdish and Shia populations, the
report provided the Iraqi government's perspective on the Gulf Crisis and its aftermath rather
than addressing actual human rights issues.126
The Human Rights Committee's reporting procedure is therefore considered insufficient,

given that countries refuse to comply with their obligation to report since they would not
incur repercussions and because the Committee lacks the authority to compel them to fulfil
their obligations without interfering with their sovereignty as a State.127
Although complaints by people whose rights are violated by nations are permitted, the
processes that must be followed are inefficient for internal armed conflicts given that they
can only be filed with the international tribunal after all domestic remedies have been
exhausted.128 The reality, however, is that those who frequently desire to depend on human
rights laws and humanitarian law are typically defenceless and neither able to use any legal
procedure nor exhaust all domestic remedies, making enforcement procedures ineffective.
Another issue with enforcing these rules is the timing of human rights supervision, which
often takes place after the internal armed conflict has been resolved. This implies that
contraventions with the laws are not addressed until after civilian rights are breached during
armed conflict, which makes prosecutions more about punishing misbehaviour than about
preserving human rights.129
125
Ibid.
126
Ibid.
127
Ibid.
128
Ibid.
129
Ibid
28

3.5 Conclusion
In conclusion, this review of international and regional legal approaches to safeguarding
human rights amidst unrest highlights the pressing necessity to prioritise practical legislation
and effective enforcement techniques. This is because, despite the existence of these
established norms, which serve as essential guidelines and avenues for seeking justice,
human rights violations continue to occur, underscoring the importance of converting these
principles into actionable measures.
This calls for a fresh approach that prioritises conflict-risk reduction measures aimed at
tackling the challenges posed by ineffective governance and socio-economic issues. In
addition, the need to give utmost importance to the enactment and enforcement of laws that
address the root causes of civil unrest, protect human rights, enhance public awareness, and
ensure accountability for violations.
29

CHAPTER FOUR
STRENGTHENING INTERNATIONAL LAW: EXAMINING POSSIBILITIES

FOR IMPROVEMENT AND CONTEMPORARY APPROACHES TO HUMAN
RIGHTS PROTECTION IN TIMES OF CIVIL UNREST
4.1 Introduction
In times of civil unrest, safeguarding human rights becomes of utmost importance, as
individuals are exposed to the dangers of mistreatment, discrimination, and potential loss of
life. As highlighted in earlier chapters, various forms of human rights violations, coupled
with significant societal inequalities, contribute to an elevated risk of escalating unrest or
internal conflicts within a nation. Regrettably, when governments respond to discontent
irrationally, it unavoidably leads to extremism and violent trends amongst the opposition.130
As we acknowledge the pivotal role of international law in establishing fundamental

principles for protecting human rights and addressing civil unrest, it remains imperative to
assess unceasing opportunities for improvement. This includes identifying and addressing
any gaps or shortcomings in existing legal frameworks. Moreover, it is crucial to explore
contemporary approaches that take into account the evolving nature of civil unrest and its
underlying causes. By actively seeking opportunities for improvement, we will ensure that
international law remains responsive to the evolving challenges and complexities of our
world, ultimately fostering a more just and rights-respecting global community.
Enhancing international law in this context holds significant importance for several reasons.
Firstly, it establishes a solid foundation for ensuring accountability and facilitating justice,
for aggrieved individuals whose rights have been violated.131 Secondly, it promotes the
adoption of proactive approaches by States to prevent violations and serves as a deterrent,
discouraging any infringement on human rights during periods of civil unrest. This
strengthened legal framework would create an environment that prioritises the rights of all
individuals, ultimately contributing to international security and stability.132
130
David Cingraneli, Skip Mark, Mark Gibney, Peter Haschke, Reed Wood and Daniel Arnon “Human
Rights Violations and Violent Internal Conflict” (2019) available at https://www.mdpi.com/2076-
0760/8/2/41 (accessed 6 March 2023).
131
132
30

This chapter seeks to analyse areas of international law that require improvement and
examine contemporary strategies for protecting human rights during civil unrest.
Additionally, it explores the importance of collaboration among international and regional
bodies affiliated with managing unrest, national governments, and civil society
organisations.
4.2 Shortcomings in the International legal framework for Managing Civil Unrest:
Challenges in Improving the Legal Framework
Before identifying feasible and successful contemporary approaches for protecting human
rights amid civil unrest, it is crucial to assess the current gaps and shortcomings within the
international arena. This section provides a comprehensive analysis of both the legal
system's shortcomings and the challenges involved in creating or improving international
laws and enforcement institutions related to unrest and human rights. The international
community would then be able to enact measures that substantially enhance the effects of
the international legal system in quelling civil unrest.
4.2.1 Key Areas for Improvement in the Context of Civil Unrest and Protection of Rights
The existing shortcomings in the international legal system involving civil unrest and human
rights protection pose substantial challenges to adequately preserving individuals'
fundamental rights, and these vulnerabilities span many parts of the legal structure.
One of the crucial areas in need of development is the Enforcement structure, which is an
obstacle that must be overcome before international standards relating to the quelling of civil
unrest and human rights protection can successfully be utilised in all nations. 133 There is a
significant disparity between policy creation and its effective enforcement, highlighting the
need for frequent revisions in the enforcement methods of international law. While
international law establishes crucial principles and standards for safeguarding human rights,
the lack of efficient enforcement measures undermines the effectiveness of human rights
protections.134
133
Luana Dengre, “The Issue of Enforcement in International Law: A Case Study of the War in Ukraine”
(2023) available at https://repository.usfca.edu/cgi/viewcontent.cgi?article=1056&context=honors (accessed
26 May 2023).
134
Ibid.
31

The UN Security Council has notably served as the primary means of enforcing human rights
and, as a result, has imposed sanctions to deal with instability and violence as authorised
under Chapter VII of the UN Charter135. Nevertheless, it is important to note that trade,
diplomatic and military sanctions, as implemented by the Security Council, take time to
produce results.136 Additionally, these punishments frequently have an extremely adverse
impact on regular citizens, who have the least control over the actions of their government.
There is widespread consensus that, while the current legal system offers helpful guidance
for state behaviour, the enforcement mechanisms of international law are sometimes used
inconsistently, and even when they are, they operate slowly.137
Another issue in international law enforcement is its limited applicability to corporations.

Currently, the international legal system governs corporations through states, but due to the
rapid rise of multinational organisations, there is now insufficient supervision over their
operations, particularly when they participate in or facilitate activities that likely
violate fundamental human rights.138 This makes enforcing corporate wrongdoing under
international criminal law challenging. For example, the existing Rome Statute limits
criminal responsibility to "natural persons" and does not provide a framework for holding
companies, which are considered "legal persons" accountable under international criminal
law.139
Due to this structural obstacle, there is a clear accountability gap when it comes to holding
firms liable for their actions. This vacuum is caused by the lack of a centralised enforcement
mechanism, which raises questions about the usefulness and significance of international
law.140
Furthermore, the limited authority of international courts and tribunals inhibits the
international community from adequately addressing human rights violations during civil
135
UN, supra note 12.
136
Frederic L. Kirgis “Enforcing international law” available at
https://www.asil.org/insights/volume/1/issue/1/enforcing-international-law (accessed 26 May 2023).
137
Ibid.
138
Dengre, supra note 133.
139
Ibid.
140
Ibid.
32

unrest.141 One of the reasons is that international courts prioritise settling disputes between
nations or between persons and states above dealing with specific instances of civil unrest
within states. Their jurisdiction is typically focused on issues such as territorial conflicts
rather than human rights breaches or state violations of international treaties. Additionally,
the complementarity principle limits international courts' jurisdiction over issues involving
unrest because national courts are frequently seen as having primary authority in these
situations unless they are incapable or unwilling to conduct fair and impartial hearings. 142
The lack of adequate accountability methods for reviewing state governments' compliance
with fundamental rights, including the right to life, personal liberty, and equality, is another
severe shortcoming in the international legal system. Given that, violations of human rights
tend to constitute the root cause of unrest, insufficient systems for assessing and aggregating
reports on these rights' protections hinder the capacity of international organisations to deter
future violations. 143
Although a vast body of laws regulates states' conduct during civil disturbances, it is critical
to build accountability systems and demand transparent reports from states of their actions
in complying with their duty to ensure the protection of fundamental rights. Accountability
is critical to reviving, establishing, and preserving the fragmented social contract upon which
states are built, which would consequently encourage peace within states.144
Holding nations accountable not only respond to grievances but also promotes justice and
combats impunity. Furthermore, increasing women's participation in peacekeeping is an area
that needs to be improved, as the HRC recognise the inclusion of women's diverse voices as
a valuable contribution that brings essential perspectives to the peace process.145
Coordinated efforts across international organisations, regional organisations, and national

governments to resolve civil unrest and safeguard human rights is also an area that needs
141
Reinn Mullerson, “International Humanitarian law in Internal Conflicts” (1997) Vol 2 Journal of Armed
Conflict Law, available at https://www.jstor.org/stable/pdf/44508782.pdf (accessed 26 April 2023).
142
Andre Nollkaemper and Dov Jacobs, Distribution of Responsibilities in International Law (Oxford
University Press: 2019).
143
144
Volker Türk, High-Level Open Debate on “Futureproofing Trust for Sustaining Peace” available at
https://www.ohchr.org/en/statements/2023/05/human-rights-will-build-peace-turk-tells-security-council
(accessed 26 May 2023).
145
Ibid.
33

improvement. Despite the apparent increase in collaboration during global crises, this lack
of coordination for domestic issues such as civil unrest inhibits successful outcomes.146
Recognising that the UN cannot handle such crises alone is important, especially given the
increasing frequency of domestic conflicts worldwide. Organisations at the regional and
sub-regional levels must actively participate in conflict prevention and resolution to fulfil
their unique roles as dialogue mediators.147
Some emerging challenges that international law struggles to address amid civil unrest
include the use of new technologies, cyber warfare, and other non-traditional dangers. These
developing concerns require proactive modifications and enhancements to ensure the
efficiency of human rights protections. The way individuals protest and exercise their right
to assembly has changed due to social media and communication technology's quick
advancements.148
However, the constraints of modern legal systems, such as the potential for internet
monitoring, censorship, or defamation campaigns, may make dealing with the unique
difficulties that these technologies provide problematic. Even though international
organisations such as the Human Rights Council are working to address these issues, it is
still essential that this writer emphasise it as a loophole in need of improvement.149
4.2.2 Obstacles Encountered in Enhancing International Laws and Enforcement

Approaches for the Collective Benefit of States
Although it is beneficial to improve international laws and enforcement procedures for

states' common benefit, the international community must overcome numerous hurdles and
challenges. These hurdles hinder the creation of effective international legal frameworks and
enforcement measures aimed at promoting peace, security, human rights, and cooperation
among nations. Some of them are:
146
UN Security council Press, "In Times of Global Crises, Collaboration between Regional Organizations,
United Nations Has ‘Grown Exponentially’, Secretary-General Tells Security Council” (2021) available at
https://press.un.org/en/2021/sc14498.doc.htm (accessed 26 May 2023).
147
Ibid.
148
UN Human Rights Council, “Report of the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression” (2020) available at https://undocs.org/A/HRC/44/49 (accessed
26 May 2023).
149
Ibid.
34

I. Lack of Consensus:
One barrier to improving international laws and enforcement strategies is the difficulty in
reaching a consensus among several nations with differing interests and targets. The
international and regional community comprises nations with various political structures,
cultural backgrounds, and economic interests. Due to this diversity, it is frequently
challenging to understand and agree upon important global concerns. As a result, it becomes
difficult to adopt and put into practice generally recognised legal frameworks even as
regards domestic issues. The lack of universal adherence consequently undermines the
effectiveness of international laws.150 Additionally, state sovereignty, which is central to
international law objectives, implies that states have the final say in upholding or executing
particular legal obligations. This further increases the difficulty in achieving consensus and
the effective implementation of international laws.151
II. Limited Resources:

Enforcing international law and preserving human rights during instability is made more
difficult by a shortage of resources, particularly funds and personnel. The entire procedure
depends on donations made because, as an international institution, the availability of
resources for implementation depends on outside funding sources. 152
As a result, the competence and willingness of national governments to uphold and apply
these laws within their borders has become an essential component of the international legal
system. However, not all states have the ability, knowledge, or political desire to apply
international law adequately, therefore making non-compliance and impunity an inevitable
outcome due to unbalanced enforcement and implementation.153
III. Balancing Security and Human Rights:

In times of civil unrest, it can be difficult to strike a fine balance between security and human
rights. Implementing security measures that may infringe on people's rights is often required
to preserve order and ensure public safety. This balance is possible, but it requires careful
150
Nico Krisch, “Pluralism in International Law and Beyond” (2015) available at
https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2613930_code812324.pdf?abstractid (accessed 26 May
2023).
151
Dengre, supra note 133.
152
United Nations Audio visual Library of International Law, “Enforcement of International Law" available
at https://legal.un.org/avl/ls/Schachter_AL.html (accessed 26 May 2023).
153
Ibid.
35

consideration of the situation, thorough training and accountability procedures for law
enforcement officials, and constant communication between governments, civil society
organisations, and human rights advocates.154
IV. The Right of States to Deviate from Established Human Rights Duties:
States have the right to deviate from established human rights obligations in exceptional
situations. When a public emergency threatening the country's survival is formally declared,
the ICCPR recognises that nations may take steps that depart from their obligations under
the Covenant.155 Despite the fact that derogations are limited in some respects, the risk of
misuse and human rights violations increases when states utilise derogation to limit
freedoms beyond what is necessary and acceptable. Individual rights may be unjustly
restricted, contributing to an environment of oppression which undermines existing human
rights protections.156
4.3 Contemporary Methods for Ensuring Human Rights Protection in Times of Civil
Unrest
This section examines the policies of two nations that this writer offers to recommend as
approaches the global community should look into and prioritise. This section also contains
suggestions on further measures, as distinct from traditional methods, that international legal
frameworks must emphasise and elaborate upon in dealing with civil unrest within fragile
countries.
4.3.1 Case Studies: Successful Implementation of Contemporary Methods in Specific

Countries
Overview of the policies and approaches in addressing civil unrest by Norway and USA
Norway and the United States have distinct policies and approaches to addressing civil
unrest, which reflect their respective socio-political contexts and values. By examining these
approaches, we can gain insights into the strategies employed by these countries and draw
lessons for the international community.
154
Amnesty International, “Use of force guidelines for implementation of the un basic principles on the use
of force and firearms by law enforcement officials” (2016) available at
https://www.amnesty.nl/content/uploads/2017/01/ainl_guidelines_use_of_force_short_version_0.pdf?x79902
155
ICCPR, Article 4(1).
156
International Commission of Jurists, “States of Emergency: Their Impact on Human Rights” (1984)
available at https://www.jstor.org/stable/762020 (accessed 26 May 2023).
36

I. Norway:
Norway is known for its peaceful and inclusive society, and in managing civil unrest and
defending human rights, Norway has become known for its successful application of modern
methods. One such illustration is the nation's reliance on negotiation and mediation to settle
disputes. In order to reach peaceful outcomes, Norway places significant value on
participating in constructive dialogue and mediation processes.157 The Norwegian
government's discussions with indigenous groups, such as the Sami people, exemplify this
strategy. The Norwegian government tried to address the concerns of the Sami people and
guaranteed the protection of their rights through discussion and negotiation. This inclusive
approach has led to the acknowledgement of the Sami people's right to political involvement
and self-governance on matters vital to the preservation of their culture and way of life.158
In order to prevent civil unrest, Norway also gives priority to welfare programmes and the
narrowing of socioeconomic gaps. The government invests significantly in social,
healthcare, and educational programmes to provide equitable opportunities for all citizens.
By tackling social and economic inequality, Norway minimises potential societal grievances
and tensions, preventing the root factors that lead to civil unrest from becoming a significant
issue.159
Norway promotes civil liberties and human rights as essential ethical standards, protecting
rights like freedom of expression and assembly that allow people to protest peacefully and
air their grievances, thereby addressing underlying causes of civil unrest. The Gender
Equality Act and the Anti-Discrimination Act, which support equality and combat
discrimination, are two examples of Norway's robust legal framework for upholding human
rights.160
Furthermore, Norway has made noteworthy contributions to human rights by proposing

resolutions to the UN Human Rights Council. One of those notable resolutions is focused
157
Anna Nylund, “The Many Ways of Civil Mediation in Norway” (2014) available at
http://dx.doi.org/10.1007/978-3-319-04465-1_6 (accessed 26 May 2023).
158
Office of the United Nations High commissioner for Human rights (OHCR), “Good Governance Practices
for the Protection of Human Rights” available at
https://www.ohchr.org/sites/default/files/Documents/Publications/GoodGovernance.pdf (accessed 26 May
2023).
159
UN Department of Economic and Social Affairs, “World Social Report 2020: Inequality in a Rapidly
Changing World” available at https://desapublications.un.org/file/558/download (accessed 26 May 2023).
160
Norway Act on Gender Equality (1978); Equality and Anti-Discrimination Act, Norway (2018).
37

on protecting human rights defenders in conflict situations.161 Norway emphasised the
recognition and protection of human rights defenders, highlighting the responsibility of
states to safeguard their work.
The resolution emphasises the importance of enabling human rights defenders to operate
without fear of reprisals, particularly in conflict and post-conflict contexts.162 It specifically
urges states to refrain from implementing measures that impede the access, dissemination,
and secure communication of information by human rights defenders, including Internet
shutdowns. Overall, Norway's methods seek to support and defend the fundamental rights
of its citizens and the crucial role of human rights defenders in violent environments.163
II. United States of America (USA):

When quelling civil unrest, the United States combines law enforcement measures, judicial
actions, and community involvement. During times of disturbance in the United States, law
enforcement agencies play a critical role in maintaining public order and citizens'
fundamental rights.164 Police are deployed to regulate protests and maintain public safety to
avert violence and property damage. Curfews are also implemented in some cases to
maintain order and protect both public and private property.165
Additionally, the US court system uses legal tools to address civil unrest. Those who engage
in looting, violence, or other criminal activity during civil unrest risk prosecution and legal
repercussions. This strategy also serves to deter people from breaking the law in the future,
and this strategy aims to punish those who participate in illegal acts during civil disturbance
accountable.166
161
Press Release, “Resolution on Human Rights defenders in conflict situations put forward by Norway
adopted by the UN Human Rights Council” (2022) available at
https://www.norway.no/en/missions/wto-un/our-priorities/human-rights/hrc49hrdres/ (accessed 26 May
2023).
162
Ibid.
163
Ibid.
164
Carla Lewandowski, “Criminal Justice in America: The Encyclopaedia of Crime, Law Enforcement,
Courts, and Corrections” available at https://www.gale.com/ebooks/9781440862632/criminal-justice-in-
america-the-encyclopedia-of-crime-law-enforcement-courts-and-corrections (accessed 26 May 2023).
165
Ibid.
166
Anita Snow, ‘Arrests at widespread US protests hit 10,000’, AP News (4 June 2020) available at
https://apnews.com/article/american-protests-us-news-arrests-minnesota-burglary-
bb2404f9b13c8b53b94c73f818f6a0b7 (accessed 26 May 2023).
38

The US government encourages partnerships with community organisations and civil
society to address the core causes of civil unrest. Government and community organisation
leaders participate in dialogue to solve issues, give solutions, and foster understanding. In
addition, in order to ensure inclusivity and participative initiatives, efforts are made to create
platforms for constructive dialogue between communities and authorities, and non-violent
protests are encouraged as a means of voicing grievances.167
USA’s dedication to averting violence and fostering stability is shown in the enactment of
the Global Fragility Act of 2019.168 This is a shift in past strategy, which favours
domestically generated political solutions that support US security objectives rather than
imposed external nation-building initiatives. The strategy promotes a selective engagement
approach based on national interests, recipient country progress, and quantitative data,
focusing on dealing with specific political aspects that lead to fragility.169 Policy, diplomatic
and programmatic response integration is also particular to this adopted strategy. In order to
ensure long-term regional stability and stimulate private-sector-led economic growth, the
US also underlines the importance of shared responsibilities and partnerships.170
To implement this new approach, the US acknowledges the complexity of every fragile
environment and prioritises resilience development, which will eventually help bring about
peace among nations.171 The US also intends to incorporate peacebuilding schemes to
address the core causes of conflict, violence, and instability, such as restrictive laws, deeply
rooted corruption, impunity, and financial limits. 172
Therefore, the main goal of the United States is to aid partners in creating long-term
mechanisms of conflict resolution, social cohesion, the construction of fundamental
institutions, the provision of services, the formation of all-inclusive political coalitions, and
167
Patrick Quirk and Richmond Blake, “Want to reduce global fragility? Empower civil society” (2020)
available at https://www.brookings.edu/blog/order-from-chaos/2020/08/11/want-to-reduce-global-fragility-
empower-civil-society/ (accessed 26 May 2023).
168
USA, Global Fragility Act (2019) Pub. L. No. 116-94.
169
Bureau of Conflict and Stabilization operations, “United States Strategy to Prevent Conflict and Promote
Stability” (2022) available at https://www.state.gov/united-states-strategy-to-prevent-conflict-and-promote-
stability/ (accessed 26 May 2023).
170
Ibid.
171
Ibid.
172
Ibid.
39

financial mobilisation. This assistance also includes promoting the development of women's
leadership and participation in all aspects of conflict prevention and peacebuilding.173
The example provided by the case study of Norway and the US emphasises the significance
of giving priority to modern approaches like communication, mediation, and reconciliation
processes. It also highlights the importance of implementing peacebuilding initiatives that
address the underlying causes of unrest. The study further demonstrates the need for sharing
successful strategies and collaborating with relevant stakeholders to effectively quell civil
unrest and protect human rights in such challenging circumstances.
4.3.2 Additional Approaches Recommended to the International Community in the

Quelling of Civil Unrest
Although the international legal system underlines the importance of limiting the use of
force and protecting human rights during civil unrest, previous discussions have shown that
enforcement remains a major problem for the international community, as effective
enforcement is perceived to be the most effective response to crime and violence.174
Focusing solely on policing techniques without considering underlying factors such as
inequality, marginalisation, and exclusion could aggravate the situation and threaten public
safety.
Enforcement should be seen as part of a comprehensive strategy that goes beyond immediate
response and includes preventive measures targeting the underlying causes of crime at the
individual, community, and national levels. It is crucial to approach enforcement within the
framework of the rule of law and prioritise community engagement to foster positive
relationships between law enforcement and the public, as well as promote unity in divided
areas.175
173
Ibid.
174
175
United Nations Office on Drugs and Crime, “Governing Safer Cities: Strategies for a Globalised World,
A Framework to Guide Urban Policy-Makers and Practitioners” available at
https://www.unodc.org/documents/justice-and-prison-reform/SaferCities.pdf (accessed 26 May 2023).
40

Here are some suggested methods that should be prioritised in the international legal
framework to effectively deal with the specific difficulties and complexities that occur
during times of civil unrest:
▪ Monitoring and Reporting Mechanisms:

In times of Conflict, the UN employs several monitoring and reporting measures to promote
the protection of human rights. These include conducting on-site investigations, fact-finding
excursions, and obtaining information and testimonials from those who have been impaired
as well as the affected communities.176 However, it is proposed that the HRC and the Office
of the High Commissioner for Human Rights (OHCHR), which already have global
mandates to monitor and address human rights breaches, be given additional responsibilities
in monitoring and reporting human violations.177 This is especially crucial during times of
civil disturbance because these measures would increase awareness, urge accountability, and
aid efforts for justice and reparation by gathering evidence and documenting instances of
human rights breaches.
▪ “Reversible Rewards” as an Alternative Enforcement Scheme:

An alternate strategy for the international community to influence the behaviour of affected
countries is through rewards, as opposed to depending on contentious, expensive, and
ineffectual sanctions. Reversible Rewards are a novel enforcement strategy that deals with
two problems that frequently arise when implementing international law: the high costs and
weak credibility of sanction threats. This strategy offers a solution that is both more
affordable and reliable in promoting adherence to international norms by using incentives
rather than punitive actions.178
By providing a country with money in exchange for adhering to international standards,

reversible rewards combine sanctions and rewards. The same amount is then used to
compensate the sender (the international organisation or pertinent stakeholder) for the cost
176
The United Nations Children's Fund, “Guidelines Monitoring and Reporting Mechanism on Grave
Violations against Children in Situations of Armed Conflict” (2014) available at
https://childrenandarmedconflict.un.org/wp-content/uploads/2016/04/MRM_Guidelines_-
_5_June_20141.pdf (accessed 26 May 2023).
177
Universal Rights Group “A Rough Guide to OHCR” available at https://www.universal-rights.org/human-
rights-rough-guides/a-rough-guide-to-the-ohchr/ (accessed 26 May 2023).
178
Anu Bradford and Omri Ben-Shahar, “Efficient Enforcement in International Law” available at
https://home.uchicago.edu/omri/pdf/articles/Efficient_Enforcement_International_Law.pdf (accessed 26 May
2023).
41

of applying sanctions on the country if it rejects the award and continues with its violations.
The only difficulty facing international institutions is coming up with powerful incentive
programmes that can change a nation's attitude while still being feasible for the sender from
a political and economic perspective.179
▪ Early Warning Systems:

Early warning systems must be used effectively to prevent and respond to human rights
breaches during civil unrest. These systems would aid in the identification and monitoring
of risk and conflict indicators, allowing more prompt action and resolutions. The United
Nations Early Warning System (UNEWS) and the Continental Early Warning developed by
the African Union, play a vital in monitoring global trends and developments that could lead
to conflict or human rights violations.180 However, there is still room for improvement in
coordinating efforts between continental and sub-regional systems. Currently, there is a lack
of systematic integration of early warning systems into decision-making processes, resulting
in a lack of consistent early responses.181 UNEWS can be upgraded which would improve
its delivery of timely information and analysis to decision-makers, allowing pre-
emptive measures to be made in preventing human rights violations.
Given that civil unrest is an ever-evolving occurrence that can be effectively controlled or
minimised when addressed during the early stages of collective dissatisfaction, it is crucial
to create a tool that can alert public authorities about the initial signs of civil unrest.
Developing such a tool becomes vital to ensure timely detection and response to the early
phases of civil unrest.182
▪ Mediation and Dialogue:

In times of unrest, mediation and communication are critical for resolving disagreements
and protecting human rights. The UN plays a critical role in facilitating dialogue between
opposing groups, governments, and other stakeholders in order to promote peaceful
179
Ibid.
180
UN Office of the High Commissioner for Human Rights (OHCR), “Conflict Prevention, Early Warning
and Security” available at https://www.ohchr.org/en/topic/conflict-prevention-early-warning-and-security
181
UN Security Council, “Causes of Conflict and the Promotion of Durable Peace and Sustainable
development in Africa” A/72/269–S/2017/780 (2017) available at https://documents-dds-
ny.un.org/doc/UNDOC/GEN/N17/240/41/PDF/N1724041.pdf?OpenElement (accessed 21 June 2023).
182
Renn supra note 18.
42

solutions and sustain human rights protection. Considering that the United Nations
Mediation Support Unit is an essential instrument that provides support and knowledge to
mediators and peace processes all over the world,183 the UN should consider boosting the
presence of the Unit, particularly in fragile states where conflicts and civil unrest are
widespread, in order to improve its mediation efforts. By building new branches or offices
in nations largely affected by civil unrest, the UN can improve its ability to participate in
effective mediation processes, which will aid in resolution amongst the conflicting parties
before protests escalate.
▪ Capacity-Building and Technical Assistance:

The UN should provide additional capacity-building programmes and technical assistance
to nations to develop national institutions that sustain respect for human rights standards
during civil unrest. These programmes should focus on educating the court, law
enforcement, and other relevant institutions about the importance of human rights in their
activities and decisions. The United Nations Development Programme (UNDP) should
provide technical assistance and capacity-building support and collaborate with national
governments to enhance their capacity to address human rights challenges, including those
arising during civil unrest.184
▪ Advancements in Digital tools for Documenting human rights abuses and
Funding Partners:
The UN can strengthen its efforts to identify and resolve human rights violations amid unrest
by maximising technological improvements and forming relationships with the commerce
or finance sectors. The UN can acquire record information on human rights breaches in real-
time by using digital tools such as mobile applications, social media platforms, and online
reporting systems. These tools enable fast reporting, the sharing of evidence, and the active
participation of impaired persons and communities in the documentation process.185
183
United Nations Peace Maker, “Mediation Support Unit” available at
https://peacemaker.un.org/sites/peacemaker.un.org/files/MSU%20fact%20sheet%20-2017.pdf (accessed 26
May 2023).
184
The United Nations Development Programme (UNDP), “Development Challenges and Solutions”
available at https://www.undp.org/development-challenges-and-solutions (accessed 21 June 2023).
185
United Nations Department of Political and Peacebuilding Affairs and Centre for Humanitarian Dialogue,
“Digital Technologies and Mediation in Armed Conflict” (2019) available at
https://peacemaker.un.org/sites/peacemaker.un.org/files/DigitalToolkitReport.pdf (accessed 21 June 2023).
43

In addition, the global community needs to consider preventing limitations on the utilisation
of technologies like facial recognition cameras, International Mobile Subscriber Identity
(IMSI catcher), and social media intelligence that restrict online gatherings. This is because
when there is widespread surveillance of individuals online, it may compel them to take to
the streets to express their views, potentially leading to the escalation of protests.186
The United Nations Working Group on Business and Hunan Rights, also known as ‘the
Working Group’ can collaborate with multinational finance firms like supply chain
stakeholders to encourage business practices that align with human rights standards. These
institutions ought to integrate relevant policies throughout their operations, continuously
assess human rights impacts, and make certain access to remedies when necessary, because
their activities adversely affect human rights.187 Better enforcement of the United Nations
Guiding Principles on Business and Human Rights (UNGP)188 for instance, would help to
address the primary root causes of civil unrest in the end.
The UNGP is a global agreement that requires all organisations (including financial
institutions) to respect and promote the rights enshrined in human rights conventions and
the International Labour Organization (ILO) Conventions in all of their activities.189 The
UNGP provides practical guidelines that give substance to the UN Framework for Business
and Human Rights.190 They clarify the respective obligations and responsibilities of both
States and business enterprises, emphasising the importance of respecting human rights in
all their operations, regardless of their size or industry. 191
186
UN Office of the High Commissioner for Human Rights (OHCR), “Privacy International” (2019)
available at https://www.ohchr.org/Documents/HRBodies/CCPR/GCArticle21/PrivacyInternational.pdf
187
UN Office of the High Commissioner for Human Rights (OHCR), “Financial Sector and Human Rights”
available at https://www.ohchr.org/en/special-procedures/wg-business/financial-sector-and-human-rights
(accessed 21 June 2023).
188
UN Office of the High Commissioner for Human Rights (OHCR), Guiding Principles on Business and
Human Rights : Implementing the United Nations "Protect, Respect and Remedy" Framework
ST/]HR/PUB/11/4 (2011).
189
OHCR, supra note 187.
190
UN Human Rights Council, Protect, Respect and Remedy: A Framework for Business and Human Rights:
Report of the Special Representative of the Secretary-General on the Issue of Human Rights and
Transnational Corporations and Other Business Enterprises (2008) available at
https://www.refworld.org/docid/484d2d5f2.html (accessed 21 June 2023).
191
The UN Working Group on Business and Human Rights, “The UN Guiding Principles on Business and
Human Rights: An Introduction” available at
https://www.ohchr.org/sites/default/files/Documents/Issues/Business/Intro_Guiding_PrinciplesBusinessHR.p
df (accessed 21 June 2023).
44

Furthermore, collaborating with international financial institutions enables the integration
of economic rights solutions into development projects, particularly in times of civil unrest.
This collaboration ensures financial support through investments, which are directed
towards promoting sustainable and inclusive development.192
▪ Promoting Psychological Awareness and Understanding in State Governments

for Managing Civil Unrest:
The UN should acknowledge that civil unrest is not only influenced by political or social
factors but also has psychological foundations. To address this issue, the UN should allocate
resources and offer educational programmes to nations’ enforcement agencies
representatives. By understanding the psychological reasons behind unrest, enforcement
personnel can receive specialised training to manage effectively interactions with
individuals involved in civil unrest. 193 This approach would enhance the capacity of state
governments in addressing the root causes of unrest.
Moreover, incorporating psychological awareness into governance and decision-making

processes would enable state governments to engage with affected populations more
sensitively. Understanding the psychological dynamics at play can help authorities design
strategies that foster dialogue, reconciliation, and long-term stability.194
▪ Promoting Development Projects in African Countries:

Increased international cooperation and support are needed to assist African countries
afflicted by civil unrest. On the African continent, a link must be made between sustainable
development, long-term stability, and a sense of security. This is because the African
perspective has not been properly considered in global discussions on peace and security of
the continent.
Additionally, only development projects that go beyond the usual response would be able to
help African countries overcome their long-standing conflict problems by building the
192
OHCR, supra note 187.
193
Renn supra note 18.
194
Ibid.
45

necessary capacities.195 The 2030 Agenda for Sustainable Development and efforts to
maintain peace were linked during a prominent discussion in January 2017 in which the
General Assembly President participated. The discussion addressed the relationship
between durable peace and development, emphasising the importance of a comprehensive
strategy to advance both in order to support long-term stability. It also emphasised the
importance of post-conflict rehabilitation and reconciliation to prevent future conflicts.196
Therefore, military interventions should be integrated with active development strategies to

achieve successful public service delivery across regions. For example, demilitarisation,
reintegration, decentralisation, and devolution were all integrated into the Maputo Accord
for Peace and National Reconciliation in Mozambique to promote peace, security, and
economic distribution.197
It is essential to execute development strategies in Africa that focus on the needs of the
population while prioritising funding for significant sectors such as science, technology,
health, employment opportunities, gender equality, and youth empowerment. Domestic
resources must also be harnessed in order to create the finances essential for the continent's
transformation and stability, particularly in the fight against illicit financial flows, which
cost Africa an estimated $90 billion yearly.198
It is also important to focus on sustainable industrialisation in Africa by making efficient

use of Africa's mineral and agricultural resources. This can be accomplished by developing
the African Continental Free Trade Area and putting in place initiatives such as 'agro-
packs' to ensure food security and eventually make African states into net food exporters.
Essentially, for Africa to strengthen its export capacities by shifting from raw material
production to industrialisation, massive investment in domestic and international
infrastructure that ensures the free passage of both individuals and commodities is
necessary.199 Collaboration between the African Union, the United Nations, and
195
Meetings Coverage Security Council, “Root Causes of Conflicts in Africa Must Be Addressed beyond
Traditional Response, Special Adviser Tells Security Council Debate on Silencing Guns” 9299TH
MEETING (2023) available at https://press.un.org/en/2023/sc15249.doc.htm (accessed 21 June 2023).
196
Security Council, supra note 181.
197
198
Ibid.
199
Ibid.
46

other regional economic organisations should be reinforced given that conflict situations
become more complex if proactive actions are not taken.200
4.4 Conclusion
In conclusion, this chapter highlights the significance of enhancing international law and
adopting contemporary approaches to protect human rights and ensure peace and justice in
times of civil unrest or non-international armed conflict. Strengthening collaboration,
enforcement procedures, early warning systems, and psychological awareness are essential
for achieving these goals. By working together, the global community can establish a robust
framework that effectively safeguards human rights while quelling civil unrest.
CHAPTER FIVE
RECOMMENDATIONS & CONCLUSION

5.1 Introduction
This is the concluding chapter of this project and it provides practical and feasible solutions
that are adoptable by the international community to develop laws and enforcement
measures that effectively address civil unrest. These recommendations aim to serve as a
foundation for further action and collaboration in managing civil unrest and protecting
human rights.
200
47

5.2 Recommendations
Due to the interconnectedness and overlapping nature of the different phases of conflict—
pre-conflict, conflict, and post-conflict, there is a pressing need to improve the management
and coordination between these phases. The complexity of the tasks to be acted upon in each
phase requires a comprehensive and collaborative approach as it goes beyond the capabilities
of any single agency.201
The Judiciary, whether at the international or national level, has a crucial role to play in
protecting human rights during civil unrest. They possess the authority to offer remedies and
provide redress to victims of human rights violations, including compensation and
restitution. Additionally, the judiciary can carry out independent investigations on these
abuses, promoting accountability and revealing the truth. By serving as a check on state
actors, the judiciary can uphold human rights principles during times of civil unrest. Their
pivotal role must be effectively utilised and maximised.
Promoting public awareness and education on fundamental human rights is a shared

responsibility involving governments, Non-governmental Organisations (NGOs),
community leaders, and the media. Governments must implement international educational
initiatives that they signed and collaborate with institutions, civil society, and the media to
inform citizens about their rights and the importance of peaceful engagement during
protests. NGOs and community leaders also play a crucial role in organising workshops and
campaigns to empower individuals with relevant knowledge and promote a peaceful
resolution of grievances.
Media outlets ought to be responsible for providing accurate and impartial reports; the media
should counter misinformation and rumours, which often fuel tensions during such periods.
Through balanced coverage that includes diverse perspectives, the media can foster
understanding, empathy and dialogue among different groups involved in the unrest. By
providing platforms for constructive discussions, the media can encourage reconciliation
and the exploration of nonviolent solutions. Moreover, the media can highlight peaceful
initiatives, community-led efforts, and positive stories that inspire others and foster unity.
201
Da Costa, supra note 61.
48

Women and youths play a crucial role in quelling civil unrest and promoting stability in
societies. Their active involvement brings unique perspectives, innovative approaches, and
a strong sense of resilience to conflict resolution efforts. Women have shown remarkable
leadership in peacebuilding, mediation, and reconciliation processes, bringing communities
together and fostering dialogue. 202 They often prioritise the well-being of families and
communities, working towards peaceful resolutions and addressing the root causes of unrest.
Youths also play a vital role in peacebuilding, and in bringing enthusiasm and new ideas to
the table. They can mobilise and inspire others, advocating for peace and driving social
transformation. Their diverse perspectives, creativity, and technological skills contribute to
innovative approaches in preventing and resolving conflicts. It is crucial to prioritise gender-
sensitive legislation to ensure the active involvement of women and youth in efforts to quell
civil unrest.
To ensure effective implementation of human rights standards, it is crucial to collaborate

with regional organisations from various continents, relevant security stakeholders, and
human rights organisations. By focusing on the recommendations in this project and
adopting best practice guidelines, the global community can create local strategies that
encompass comprehensive measures, policies, infrastructure, and practical steps that quell
civil unrest and uphold human rights.
5.3 Conclusion
This project has conducted an extensive analysis of the global community's role in
addressing civil unrest and non-international armed conflict, with a particular focus on
safeguarding human rights during and after such volatile situations. It stands as a departure
from the traditional perspective that limited external involvement in these matters, as they
were formerly considered internal affairs. Instead, the project recognises the vital
importance of external factors in addressing these challenges, acknowledging that effective
management requires external assistance. By embracing this shift, we can enhance the
protection of human rights, ultimately contributing to a more peaceful and just world.
202
Office of the United Nations High commissioner for Human rights (OHCR), “Good Governance Practices
for the Protection of Human Rights” available at
https://www.ohchr.org/sites/default/files/Documents/Publications/GoodGovernance.pdf (accessed 26 May
2023).
49

Chapter One of this study conducts a thorough review of existing literature on the concept
of "civil unrest" with operational and nominal definitions. It also explores the similarities
between civil unrest and related terms such as non-international armed conflict, civil
disturbance, internal conflict, civil disorder, or riots. The chapter emphasises the alarming
frequency of civil unrest occurrences and introduces the research's objectives and key
research questions.
In Chapter Two, a comprehensive analysis is presented of the causes and consequences of

civil unrest. The underlying factors of "Greed" and "Grievance" are highlighted as key
drivers behind various forms of civil unrest, shedding light on why individuals engage in
violent confrontations with their governments. Additionally, the chapter emphasises the
significant role played by the violation of rights as a driver of conflicts. Chapter Three
provides a comprehensive examination of prominent international and regional legal
frameworks that aim to protect human rights during civil unrest. It also delves into the
complexities and underlying challenges that affect the enforcement of these frameworks.
Chapter Four explores modern approaches to addressing civil unrest in a manner that
upholds human rights. It also sheds light on the obstacles that hinder the enhancement of
international laws and enforcement approaches. In conclusion, this research work
emphasised the importance of continuous improvements in international law and the
significance of sharing best practices that have been embraced by nations and reputable
organisations worldwide in order to effectively manage civil unrest and protect human
rights.
50

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59

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INTERNATIONAL SECURITY AND THE PROTECTION OF HUMAN RIGHTS:

EXAMINING THE INTERVENTION OF INTERNATIONAL LAW IN

ADEBAYO BUSOLA OLUWATOSIN

THIS PROJECT IS SUBMITTED TO THE DEPARTMENT OF JURISPRUDENCE

Electronic copy available at: https://ssrn.com/abstract=4599105

Electronic copy available at: https://ssrn.com/abstract=4599105

1.2 Statement of the Problem........................................................................................................ 3

1.3 Research Questions .................................................................................................................. 4

1.4 Objectives and Significance of the Research............................................................................ 5

1.5 Research Methodology ............................................................................................................ 5

1.6 Synopsis of Chapters ................................................................................................................ 6

1.7 Literature Review ..................................................................................................................... 7

2.2.1 Economic Challenges ....................................................................................................... 10

2.2.2 A Fragile State ................................................................................................................. 11

2.2.3 Inadequate and Inefficient Leadership ........................................................................... 13

2.2.4 The Presence of ‘Youth Bulge’ in a State ........................................................................ 13

2.2.5 Violence-filled Wars in History ........................................................................................ 14

2.2.6 External Interference ...................................................................................................... 15

2.3.1 Negative Consequences of Civil Unrest........................................................................... 15

2.3.2 Positive Consequences of Protests ................................................................................. 17

2.4 Conclusion .............................................................................................................................. 17

CHAPTER THREE ............................................................................................................................... 18

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3.2 Areas of Intervention in Civil Unrest by International Institutions ........................................ 19

3.5 Conclusion .............................................................................................................................. 29

4.2.2 Obstacles Encountered in Enhancing International Laws and Enforcement Approaches

4.3.1 Case Studies: Successful Implementation of Contemporary Methods in Specific

4.3.2 Additional Approaches Recommended to the International Community in the Quelling

4.4 Conclusion .............................................................................................................................. 47

CHAPTER FIVE ................................................................................................................................... 47

5.2 Recommendations ................................................................................................................. 48

5.3 Conclusion .............................................................................................................................. 49

Electronic copy available at: https://ssrn.com/abstract=4599105

Electronic copy available at: https://ssrn.com/abstract=4599105

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Electronic copy available at: https://ssrn.com/abstract=4599105

Electronic copy available at: https://ssrn.com/abstract=4599105

Electronic copy available at: https://ssrn.com/abstract=4599105

Electronic copy available at: https://ssrn.com/abstract=4599105

Electronic copy available at: https://ssrn.com/abstract=4599105

1.2 Statement of the Problem

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1.3 Research Questions

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1.4 Objectives and Significance of the Research

The specific objectives of this study would be:

1.5 Research Methodology

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Chapter 5 contains the conclusion and recommendation. Suggestions for improved

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THE PREDOMINANT CAUSES AND IMPACTS OF CIVIL UNREST

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2.2 The Common Causes of Civil Unrest with case studies

2.2.1 Economic Challenges

Economic mismanagement and systemic corruption jeopardise people's well-being and

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2.2.2 A Fragile State