Chapter 6: protection of human rights during civil strife.

Chapter 6: protection of human rights during civil strife. 

Meaning and definition: 

• Civil strife is a situation of crisis, arising by the involvement of civilians.
• In simple terms, it is breaking law and order.
• Civil strife is not an armed conflict, but a crisis situation created by disorder.
• ICRC: civil strife as civil unrest, disorder, and breaking of law and order having no particular chain of command.
• So, it arises from a mass act of civil disobedience.
• Furthermore, it arises from political, economic, religious, legal and other reasons.

Nature of civil strife:

1. It may arise from simple protests of specific issues. 
2. Here, most protestors are law abiding citizens.
3. The Protesters intended that protest to be nonviolent.
4. Violence occurs due to control forces trying to control protest.
5. Protesters protest because they might think they have been treated differently by the one in power.
6. Also, unrest among groups may lead to strife.

B. International conventions and treaties permitting use of arms.

• Lethal weapons are prohibited by international law whereas use of non-lethal weapons is permitted depending upon situations and is governed by the principles of international humanitarian law.
• Article 4 of the UN charter prohibits the use of force. However, article 51 of the UN charter allows it in the condition of self-defense.
•  St. Petersburg Declaration of 1868 provides that. 
• Means of welfare refers to weapons of war. 
• And methods of warfare refer to tactics and strategy. 

• Article 35 of Additional protocol I of Geneva convention provides the following.

1. During armed conflict the right of parties to the conflict to choose means and method of warfare is not unlimited.
2. Furthermore, it prohibits means and methods of warfare causing unnecessary injury or suffering, and use of such arms would be contrary to the laws of humanity.
3. Also, it prohibits the use of poisoned weapons or poison.

•  Article 35 (3) and article 55 of additional protocol I of Geneva convention; prohibit means and method of warfare intended to cause long term and severe damage to the natural environment.
• Furthermore, convention against torture is indirectly applied.
• Article 4(1) of ICCPR provides that state parties can derogate the rights enshrined in the covenant to the extent required by the exigencies of the situation. Search derogation must be temporary in nature.

C. Code of conduct of law enforcement officials while using arms. 

• It was introduced by United nation general assembly resolution 34/169 of 1979. 
• It was brought to fulfill the objective stated in the UN charter as the function of law enforcement officials are of nature that make a direct impact on quality of life the individual gets. 
• Law enforcement officials perform tasks according to the principle of human rights. 
• No information must be responsible to provide security.
• In Nepal, the situation of civil strife is controlled by CDO under section 6 of local administration Act.

• Code of conduct for law enforcement officials. 

• Article 1: the law enforcement official cell at all times fulfills the duty imposed by the law, by serving the community and protecting the person against illegal acts and holding a high degree of responsibility as required by their profession.

  Law enforcement officials include all officers of law, whether elected or appointed, who exercise police power, especially power of arrest or detention.

• Article 2: in performance of their duty, they must protect human dignity and human rights.
• Article 3: they can use force only when strictly necessary while performing their duty.
• Article 4: matters of confidential nature which are in possession of law enforcement officials, must be kept confidential until required.

• Article 5: no law enforcement official may involve in torture or inhuman act.

  Not to take superior order to do so. And there is no exception such as war or conflict to perform such acts. 

• Article 6: law enforcement officials shall ensure full health protection of the person in custody.
• Article 7: those officials shall not commit corruption.

• Article 8: they shall respect law and present code.

  Prepared and edited by Madhu Dahal and Manish Rajak.