WHAT IS HUMAN SECURITY? I felt rich when I found a comrade. ‘I was young and travelled alone, not knowing the road: I felt rich when I found a comrade. Man is man’s delight.’

HUMAN SECURITY… Is not state-based or purely military Makes the human individual the measure of problems and goal of solutions (not quite same as societal) Automatically multiplies dimensions Brings in non-state actors on all sides Should also empower the individual (but can be ‘top-down’)

H.S. AS THEME OF CURRENT STUDY AND POLICY Used mainly by the North about the South Argument for intervention - qualifying sovereignty (‘responsibility to protect’,UN 2005), + also a focus within interventions Also a focus of law- and norm-making on war, conflict and weaponry (recall Thórir last week) Can include protecting life and quality of life (human and political rights); clash between the two under anti-terrorism?? An approach to risk and resource management analysis (eg E Sköns)

SOME ISSUES Which norms? Variable factors of life and death, subjective differences Focus on violence (many types) or other causes of suffering + death? (More on this in exercise session) ‘Humanitarian ops’ with HS content and methods, or HS goals?

FURTHER OPERATIONAL ISSUES Is the human security rationale the strongest for intervening - but why are so few operations guided by it? Should a hum. op. just ‘heal’, or reform? Other tools and methods? Does West only ‘give’ human security?? How much individual self-help??

Human security and international law (Borrowed from 2008 lecture by Professor Gro Nystuen, University of Oslo)

Human security from a legal point of view Law is a normative tool. Law determines: rights and obligations (normally) implementation mechanisms (often) sanctions against non compliance Law can ‘grip’non-state actors as well as or even better than states Human Security is not ‘law’ but law can be used to define what it is and safeguard it

Jus ad bellum and jus in bello Jus ad bellum are the international rules pertaining to to which extent the use of military force against another state is allowed. - Limits damage done to human security by war as such; indirectly limits militarization and associated damage to human security + liberties Jus in bello are the international rules pertaining to how armed conflict must be conducted. - Limits nature/scale of damage including to civilians, also in intra-state or non-state war

International law relevant to ”human security”: International humanitarian law: Agreements between states on how to conduct war, and on protection of individuals (civilians and combattants) International human rights law: Agreements between states regulating the relationship between each state and the individuals over which it has jurisdiction

The Content of IHL is PROTECTION of 1) Combatants: Soldiers/officers Others (participants in hostilities) 2) Non-combatants: Soldiers hors de combat (Sick, wounded, surrendered, POWs) Civilians

The Content of HRL is PROTECTION of all persons within the jurisdiction of a State (regardless of citizenship) against abuse of power of State authorities, or failure by State authorities to ensure human rights

International Human Rights Law Point of departure: Restrictions on arbitrary abuse of power by the state General treaties: International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966) European Convention on Human Rights and Fundamental Freedoms (1950) Special Treaties: Convention on Torture Convention on Racial Discrimination Convention on Discrimination of Women (NB UNSCR 1325) Etc..

International humanitarian law The point of departure: restrictions on how to conduct warfare General Rules: The four Geneva Conventions (1949): 1: Wounded and sick soldiers on land 2: Wounded and sick soldiers on sea 3: Prisoners of war 4: Protection of civilians and occupation The two Additional Protocols (1977): Additional rules on means and protection 1) In international armed conflicts 2) In non-international armed conflicts

Other special rules mostly on weaponry: NPT (non-proliferation of nuclear weapons) 1968 Biological and Toxin Weapons Convention 1972 Environmental Modification Convention 1977 Convention on inhumane weapons (CCW) 1980 (What is a ‘cushie’ weapon?) Chemical Weapons Convention 1993 Anti Personnel Mines (Ottawa Treaty) 1997 Use of lasers for blinding Cluster munitions 2008

Remedies and monitoring mechanisms under humanitarian law (IHL) and human rights law (HR) Duty-bearers Rights-holders Remedies International humanitarian law (IHL) STATES INDIVIDUALS (including members of armed groups) INDIVIDUALS (including members of armed groups) ICJ and other treaties National courts Nuremberg/Tokyo ICTY/ICTR ICC International humans rights law (HRL) INDIVIDUALS (persons) International HR courts and other monitoring bodies ICJ and HR Courts etc

Examples of recent and emerging law in the area of human security UN Convention on the Rights of Disabled Persons Protocol (individual complaint system) to the UN Covenant on Economic, Social and Cultural Rights ICC statute and other tools for post-conflict justice 2005 UN Summit formulation of Responsibility to Protect