Lights and shadows of the United Nations human rights system, and its inability to prevent wars

Abstract

We can say that the main pillars of the UN are the promotion and protection of human rights and the peace. The two objectives are also intertwined because wars are the most serious violations of human rights and cause great destruction of them. It is quite evident that the defense of human rights by the United Nations has chiaroscuro. The rights of individuals and groups are often talked about, but little, however, about the responsibility of the UN to prevent war, and its failure in this matter. The conflicts that fuel or provoke them must be resolved to avoid war. These conflicts are often very complex, frequently related to clashes between national identities and territorial disputes, and are almost always problems between states. The main organs of the UN, the General Assembly and the Security Council, have very limited possibilities to prevent wars. The Committee created by the International Covenant on Civil and Political Rights may be a useful body for this. Its role must be strengthened. The International Court of Justice can also play a more important role than at present. In any case, it’s very important to clarify when and how must be applied the right to self-determination of peoples recognized by the Charter of the United Nations and the Covenants, because many of the conflicts that have caused wars have to do with it. The UN bodies and functions in the field of human rights have the capacity to generate decisive soft power, but they should use that power much more effectively.