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1. INTRODUCTION

"War is not merely a tragedy, it is a crime."

-Victor Hugo, French Writer

As we delve into this topic, we critically examine the factors that drive conflict, exploring the
complex interplay of political, economic, and social forces. We delve into the legal frameworks
and institutions that aim to regulate war and protect human rights, questioning their effectiveness
and limitations. Ultimately, we arrive at a critical crossroads: how can we build a world where
peace prevails, not at the cost of human rights, but as their ultimate expression?

This exploration is not merely an academic exercise. It is a call to action, an invitation to


participate in the ongoing struggle for a world free from violence and injustice. By understanding
the war-peace-human rights nexus, we become empowered to challenge the status quo, advocate
for change, and contribute to building a more peaceful and just world. "The only way to end a
war is to stop fighting." - Albert Einstein, German-born theoretical physicist.

2. CONCEPTUAL ANALYSIS

2. A. Definitions of War, Peace, and Human Rights

Conceptualization of War

The mention of war universally, brings images of violence, conflict, death, hindrances and other
examples of the opposite of peace. It is derived from the root word werra, a Frankish-German
word , meaning confusion, discord, or strife. In Greek, it is polemos, meaning polemical,
implying an aggressive controversy. The Frankish-Germanic definition gives a vague perspective
of what war is as it could apply to many social problems in many group; while the Greek
meaning conceptually aligns more with the suggestions of violence and conflict (Moseley, The
Philosophy of War).

According to the Oxford Dictionary, war include any active hostility or struggle between living
beings; a conflict between opposing forces or principles. Inferring from this, war is
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conceptualized as all-rounded, that includes non-violent clashes between systems of thought,


such as religious doctrines or trading companies. However, this definition still does not focus on
the main subject

matter of international relations.

Wallace (1968) considers war to be the sanctioned use of lethal weapons by members of one
society against members of another. It is carried out by trained persons working in teams that are
directed by a separate policy-making group and supported in various ways by the non-combatant
population.

Deutsch and Senghaas (1971) define war as actual large-scale organized violence, prepared and
maintained by the compulsion and legitimacy claims of a State and its government, and directed
against another State or quasi-State, i.e. a relatively comparable political organization.

These 3 definitions paints a clear expression of war entails in the international system, by
attributing the actors of war as state itself or state actors, who maintains a form of formal
structuring organization, with the intention of not giving up to achieve their goal.

Conceptualization of Peace

Peace generally means a state of tranquility or quiet, freedom from civil disturbance and the
cessation of war or violence. Peace has always been among humanity's highest values--for some,
supreme. In Old Aramaic the word for ‘peace’ is 'shalam.'; In Old Hebrew the word is 'shalom.'
And in Old South Arabic, the word is 'salam.' These words signify something much deeper and
broader than the absence of war, but also the presence of good health, serenity, happiness,
harmony and safety.

Literally, the word peace is derived from the original Latin word pax, which means a pact, a
control or an agreement to end war or any dispute and conflict between two people, two nations
or two antagonistic groups of people
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According to Albert Einstein‘s view, peace is not only an absence of war, but it means or
includes the presence of justice, law, order or government in the society as he said; Peace is not
merely the absence of war but the presence of justice, of law, of order in short, of government.

It is important to clarify the concept of negative peace and positive peace. Negative peace is
understood as ‘the absence of violence or fear of violence while positive peace, provides a
framework to understand and address the many complex challenges the world faces (Dlewis,
2023).

Generally there are 2 different types of peace, the internal and external. Internal peace is the
core, the essence and the firm foundation of external peace. Internal peace guarantees and
sustains external peace. If each individual is at peace, society combined with each peaceful
individual, has peace too. On the contrary, external peace in the sense of peaceful society or
good society has an important role in supporting an individual to get inner peace. That is, if there
are no wars, conflicts, violence, harming, killing and so on in the society, people in such society
will have peace within themselves.

Conceptualization of Human Rights

Human rights are rights we have simply because we exist as human beings and they are not
granted by any state. Human rights are basic rights and freedoms that all people are entitled to
regardless of nationality, sex, national or ethnic origin, race, religion, language, or other status.
Human rights are conceived as universal and egalitarian, with all people having equal rights by
virtue of being human. These rights may exist as natural rights or as legal rights, in both national
and international law. They range from the most fundamental - the right to life - to those that
make life worth living, such as the rights to food, education, work, health, and liberty.

The Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly in
1948, was the first legal document to set out the fundamental human rights to be universally
protected. The UDHR, which turned 75 on 10 December 2023, continues to be the foundation of
all international human rights law used in the 21st century (Nickel, 2019). Its 30 articles provide
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the principles and building blocks of current and future human rights conventions, treaties and
other legal instruments.

It is important to mention that before the advent of the international system itself beginning with
the peace of Westphalia at 1648, which evolved later to create instrument such as the Universal
Declaration of Human Rights recognized globally, there were forms of human rights intrinsic to
a group, state or nation. These rights were often derived from moral prescription in a religion
such as the golden rule that states: “do unto others, as you will have them do unto you”, religious
source such as the Bible, the Quran, the Babylonian Code of Hammurabi, the Analects of
Confucius and the Hindu Vedas.
Consequently, some of the legal documents asserting human rights were: the Magna Carta
(1215), the English Bill of Rights (1689), the French Declaration on the Rights of Man and
Citizen (1789) and the US Constitution and Bill of Rights (1791). Disappointingly, most of these
legal provisions excluded people based on color, race, gender, financial capacity and any other
factor deemed right.

METHODOLOGY
We carried out a qualitative research on the the topic "War, Peace and Human Rights."
The data we used were collected from secondary sources such as : Journals, Articles, news
reports and some websites.We shall also be presenting our findings using content analysis
method.

THEORETICAL FRAMEWORK
A theoretical framework is a conceptual structure that provides a systematic way of
understanding and analyzing a particular phenomenon or problem. It consists of a set of
interconnected concepts, theories, principles, and assumptions that guide research, analysis, and
interpretation within a specific field or discipline.
Conflict resolution theory is a framework that aims to understand and address conflicts
peacefully, with a focus on promoting peace and upholding human rights. It emphasizes finding
nonviolent ways to manage and resolve disputes, contributing to the prevention of war and the
protection of human rights.
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In relation to war, conflict resolution theory provides insights into the underlying causes of
conflicts and explores mechanisms for achieving peace. By identifying root causes such as
political, economic, social, or cultural grievances, conflict resolution theory helps address these
issues through dialogue, negotiation, and mediation, thereby reducing the likelihood of armed
conflict (Deutsch, 2006).
In relation to peace, conflict resolution theory emphasizes the importance of sustainable
peacebuilding efforts.It advocates for inclusive processes that address underlying tensions,
promote reconciliation, and foster positive relationships among conflicting parties (Lederach,
1997).
Regarding human rights, conflict resolution theory recognizes the connection between war,
peace and human rights. It acknowledges that sustainable peace cannot be achieved without
addressing human rights violations. (Galtung, 1990). Conflict resolution efforts often incorporate
human rights principles, such as respect for human dignity, protection of civilians, and
accountability for human rights abuses, to ensure that peace agreements are grounded in
principles of justice and human rights.
By integrating conflict resolution theory into practice, it can lead towards preventing war,
building lasting peace, and upholding human rights in diverse conflicts around the world.

Core Principles of the Universal Declaration of Human Rights


These principles include universality, inalienable, indivisible, interdependent, human dignity and
equality.
The principle of universality of human rights is the cornerstone of international human rights
law, which means that all humans are entitled to their human rights. Human rights are inalienable
means it should not be taken away, except in specific situations and according to due process.
For example, the right to liberty may be restricted if a person is found guilty of a crime by a
court of law.
All human rights are indivisible and interdependent. This means that one set of rights
cannot be enjoyed fully without the other. For example, making progress in civil and political
rights makes it easier to exercise economic, social and cultural rights. Similarly, violating
economic, social and cultural rights can negatively affect many other rights.
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Two of the key values that lie at the core of the idea of human rights are human dignity and
equality. Human rights can be understood as defining those basic standards which are necessary
for a life of dignity; and their universality is derived from the fact that in this respect, at least, all
humans are equal.

2. B. Understanding the Interplay among War, Peace and Human Rights

The interplay among war, peace, and human rights is interdependent. As the presence of war
means an absence of peace and human rights while the presence of peace and protection of
human rights means an absence of war. The advent of war often leads to human rights violations
as it could result in widespread violence, displacement, and the breakdown of social structures.
Conversely, the pursuit of peace and the protection and promotion of human rights involves
addressing the root causes of conflict. A practical example of this process was the creation of the
Universal Declaration of Human Rights, which was as a result of the brutish experience of the
Second World War

Human rights principles, such as the right to life, freedom from torture, and the right to a fair
trial, are essential in every stage of a state whether in war or peace. Sometimes, the abuse of
human right is possible in a state not experience war. Therefore, violations of human rights can
be both a cause and a consequence of conflict, making their protection and promotion crucial in
both war and peace contexts.

Also, peace and human rights are necessary for each other. Peace cannot be achieved without
human rights being protected and realized, and human rights cannot be achieved in the absence
of peace. Peace without human rights would be a weak and flawed peace. People cannot be said
to be living in peace if their human rights are violated, as the structural and institutional violence
inherent in human rights abuse is the antithesis of peace. Similarly, human rights cannot be
realized in the absence of peace.
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3. OVERVIEW OF WAR, PEACE AND HUMAN RIGHTS

The origin of war within the state and at the international level are complex in nature. They
often stem from a combination of political, economic, social, and ideological factors.
According to realist school of thought, the origin of war can be traced to when states pursue
their own interests in an anarchic international system, leading to competition and conflict,
which can escalate into war. This perspective highlights the significance of factors such as
military capabilities, alliances, and strategic calculations in understanding the origins of war
(Morgenthau, 1948; Waltz, 1979).
The origin of peace are rooted in both theoretical constructs and historical developments
within human societies. Philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques
Rousseau have proposed social contract theories to explain the origin of peace within States.
In other words, individuals willingly surrender certain freedoms to a governing authority in
exchange for security and protection of their rights. The establishment of legitimate governance
structures helps to maintain order and prevent conflict among citizens (Hobbes, 1651; Locke,
1689; Rousseau, 1762).
One of the most significant milestones in the history of human rights is the adoption of the
Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in
1948. The UDHR represents a global consensus on the fundamental rights and freedoms to
which all individuals are entitled, regardless of nationality, ethnicity, religion, or social status. It
serves as a foundational document for international human rights law and advocacy, inspiring
subsequent treaties, conventions, and declarations aimed at protecting and promoting human
rights (United Nations, 1948).

Human Rights violation during war, causes of war and it's impact on Human Rights. Human
Rights violation during war has been existing for a long time before now. Today the extent and
intensity of wars in the world threatens the system for the promotion and protection of human
rights and the standards of international humanitarian law which the international community has
worked so hard to build up since the Second World War. Since the beginning of 1993 Amnesty
International has made public statements or issued appeals about reported human rights
violations in connection with armed conflicts in over 15 countries in Africa, the Americas, Asia,
Europe and the Pacific. The violations in question included extrajudicial executions,
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"disappearances", torture including rape, hostage-taking, detention on the sole ground of ethnic
origin, arbitrary arrest, restrictions on government critics, the use of the death penalty, and failure
to provide adequate protection for refugees.
One of the most inhumane forms of human rights violations during war is the deliberate
targeting of civilians based on their ethnicity, religion, or political affiliation. Examples include
the Rwandan Genocide in 1994, where an estimated 800,000 people, primarily Tutsis, were
slaughtered by Hutu extremists, and the Bosnian Genocide during the Yugoslav Wars, where
Bosnian Muslims were systematically targeted by Bosnian Serb forces (United Nations, 1999;
United Nations, 2002).
Also, Children are particularly vulnerable to exploitation and abuse during war Armed groups
may forcibly recruit children as soldiers, exposing them to violence, trauma, and psychological
harm. The use of child soldiers has been documented in conflicts around the world, including in
countries such as Uganda, South Sudan, and the Democratic Republic of Congo (Coalition to
Stop the Use of Child Soldiers, 2021).
Parties to a conflict may restrict or deny access to humanitarian aid, preventing civilians from
receiving life-saving assistance such as food, medicine, and shelter. This deliberate obstruction
of humanitarian efforts constitutes a violation of international humanitarian law and exacerbates
the suffering of vulnerable populations caught in the midst of war (International Committee of
the Red Cross, 2021).
In conclusion, the overview war, peace and human rights are important in order to address
issues pertaining to human rights violation, causes of war and its impacts within the state and
international level. Examples and case studies of war, peace and human rights are as follows:

1. World War I: The World War I which Started in the year 1914 formally came to an end
in the year 1919 as a result of the treaty of versailles which was signed by Germany and
the Allied Nations on June 28, 1919. The terms of the treaty required that Germany pay
financial reparations, disarm, lose territory, and give up all of its overseas colonies. It also
called for the creation of the League of Nations, an institution which President Woodrow
Wilson strongly supported and had originally outlined in his Fourteen Points agenda. The
League of Nations was created on the 10th of January, 1920 as the first international
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Organization which aim was to uphold world peace and settle international dusputes
through negotiation and diplomacy. It also aimed at upholding human rights.

2. World War II: The Second World War which began as a result of Nazi Germany's
invasion on Poland in 1939 was brought to an end and peace was achieved through the
unconditional surrender of Axis powers (Germany, Japan and Italy) in 1945 and the
United Nations was also established to foster international peace and security.

3. Gulf War: The Gulf War which started on the 2nd of August,1990 as result of the
invasion of Kuwait by Iraq came to an end through the use of force by the United
Nations Security council and NATO forces led by the U.S.A which made Iraq to
surrender and Resolution 687 on cease-fire to be adopted by the United Nations Security
Council in April, 1991.

3. A. Achieving Peace And Upholding Human Rights Through International Organizations


And Treaties.

The International organizations, regional organizations as well as individual States play a major
role in the achievement of peace and security and the promotion of human rights in the
international system.

The creation of the United Nations Organization otherwise called the United Nations (UN) in the
year 1945 due to the failure of the League of Nations to prevent the World War II was centered
on the mission of maintaining international peace and security. This is accomplished by
preventing conflict, helping parties involved in conflict to make peace, deploying peacekeepers
to places where there are conflicts, and creating the conditions to allow peace to hold and
flourish.(https://www.un.org/en/our-work/maintain-international-peace-and-security).

According to Loubna Bahouli (2023), the most significant goal of the UN is the maintenance
of international peace and security which is stated in the Article 1 of the UN Charter.
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The UN through its Security Council is charged with the responsibility to take effective co-
operative measures to prevent and remove threats to peace. Hence, it takes proactive steps to
address the causes of international tension and friction before it escalate. In situations where
conflict arises, the UN is expected to resolve it in a peaceful way to avoid creating additional
conflict. The UN is as well given the authority to repress aggression and other kinds of
occupation by force. As a result, the UN is expected to intervene by taking all necessary and
effective steps to stop aggression, whether through diplomacy and negotiation( political),
Economic Sanctions( economic) or threat of coercion (military ) which is the last resort. (Loubna
Bahouli, 2023).

According to Nafaa Hassan (1995), as cited in Loubna Bahouli 2023, the first paragraph of
Article 1 of the UN Charter clearly refers to three types of measures that the UN must take to
maintain international peace and security: Preventive measures to remove the causes of tension
and prevent disputes from erupting in the first place, assistance to the parties involved in the
conflict to reach a peaceful settlement in accordance with the principles of justice and law, and
repressive measures to counter.

Furthermore, the UN General Assembly as well as the International Court of Justice (ICJ) have
been playing critical roles in ensuring that there is peace in the international arena. The Charter
of the United Nations authorizes the General Assembly to discuss issues related to the
maintenance of international peace and security at the request of the Security council or the
members of the UN. This enables the General Assembly to use necessary measures to peacefully
settle any situation that harms public welfare or disturbs international relations.

The International Court of Justice which is the judicial arm of the UN is given judicial and
advisory authority to settle international dispute and prevent military conflict from erupting.

Also, regional organizations such as African Union, European Union play crucial role in settling
disputes within its region. The strengthening of good governance and democratic institutions at
the regional level helps to build meaningful partnerships between regional organizations and
local communities. (Schmidt and Mincieli 2018).

The Universal Declaration of Human Rights adopted and proclaimed by the UN General
Assembly resolution 217 A (III) on the 10th of December 1948 was the first detailed expression
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of the basic rights and fundamental freedoms to which all human beings are entitled. The Article
1 stated that all human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a spirit of brotherhood.(United
Nations 2015).

According to International Peace Institute (2017), Human rights can serve as a preventive tool
for sustaining peace. Human rights cement the bond between individ-uals and promote peaceful
coexistence, thereby making societies more resilient. This implies that a state which respects and
upholds human rights and the rule of law to prevent and address grievances is more likely to
witness peace and stability. (International Peace Institute, 2017).
Treaties such as the Treaty of versailles, the Peace treaty, racial discrimination convention and so
on play major role in achieving peace and upholding human rights because each of the party
involved in the signing of those agreements are binded by it and will ensure that they work
together to achieve its goal.

The Democratic peace theory futher buttressed on the ways through which peace and human
rights can be upheld. The major argument of this theory is that democracies do not fight each
other. That is, countries that practice democratic system of government with the principle of rule
of law, equality, representation do not engage in war with one another. Emmanuel Kant in his
book titled " The perpetual peace" argued that the moral element of democracy helps the
framework for peaceful relations between democratic states, which are based on the common
principles of cooperation, mutual respect and understanding in the international system. (Fatih
Balci, 2011).

CHALLENGES

1. Depopulation: A major consequence of conflicts in sub-Saharan Africa, as well as elsewhere,


is the displacement of populations. This carries significant economic, fiscal, and social costs for
the region involved in conflict, but often also for the nearby regions that host the displaced
people.Over time, the number of (United Nations–recognized) persons of concern from
subSaharan African countries—including internally displaced persons, asylum seekers, and
refugees—has more than tripled, rising from fewer than 5 million in the 1980s to 18 million in
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2017, with more intense conflicts generally implying larger displaced populations. Notably, as of
2017, the majority of the close to 6 million refugees and 1 million asylum seekers who originated
in sub-Saharan Africa had resettled within the region; a relatively smaller number have been
recorded as refugees in advanced economies. Refugees constituted more than 3 percent of the
population of Chad and Uganda in 2017 (only Jordan, Lebanon, and Turkey, following the
Syrian crisis, have a higher refugee-to-population ratio). Similarly, the number of internally
displaced people in the region is five times higher—rising from fewer than 2 million to 10
million over the past two decades. The Democratic Republic of the Congo (4.4 million), South
Sudan (1.9 million), and Nigeria (1.7 million) have the most internally displaced people,
comparable to some degree with the numbers for Syria and Iraq in 2017 (6.2 and 2.6 million,
respectively).

2. Psychological problems: Among the consequences of war, the impact on the mental health of
the civilian population is one of the most significant. Studies of the general population show a
definite increase in the incidence and prevalence of mental disorders. Women are more affected
than men. Other vulnerable groups are children, the elderly and the disabled. Prevalence rates are
associated with the degree of trauma, and the availability of physical and emotional support.The
physical and mental health problems of the survivors of the genocide in Rwanda have been well
documented. In a recent community based study examining 2091 subjects, 24.8% met symptom
criteria for PTSD, with the adjusted odds ratio of meeting PTSD symptom criteria for each
additional traumatic event being 1.43. Respondents who met PTSD criteria were less likely to
have positive attitudes towards the Rwandan national trials, suggesting that the effects of trauma
need to be considered if reconciliation has to be successful. There have been reports on the state
of health among the large numbers of refugees (500,000-800,000 in five days). Also in Somalia,
a study carried out in ex-combatants in Somalia found high psychiatric morbidity and use of
khat. A UNICEF study found evidence of psychological effects of the prolonged conflict
situation in a high proportion of a sample of 10,000 children. There is near total disruption of the
mental health services in the country.

3. Starvation: Conflict can cause food shortages and the severe disruption of economic
activities, threatening the means of survival of entire populations. Additionally, wars commonly
trigger the displacement of huge numbers of people, cutting them off from their food supplies
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and livelihoods. Refugees are often vulnerable to acute food insecurity as well as disease.
Examples, South Sudan This young nation has been embroiled in civil war since 2013, leading to
widespread displacement, disruption of agricultural production, and economic collapse. As of
February 2023, the UN estimates that 7.7 million people in South Sudan face acute food
insecurity, with some areas on the brink of famine. Also, Ethiopia: The Tigray conflict, which
began in late 2020, has caused immense suffering and contributed to severe food insecurity.
Millions are internally displaced, and humanitarian access remains restricted in many areas. The
UN warns that over 20 million people across Ethiopia require food assistance. Somalia: This
country has a long history of conflict and instability, coupled with frequent droughts. In 2022,
Somalia experienced its worst drought in 40 years, further exacerbating food insecurity. The UN
estimates that 6.1 million people in Somalia require urgent humanitarian assistance, including
food aid.

4. CONCLUSION

War, peace, and human rights are interwoven aspects of life that have shaped civilization's core
values and shaped the path of history. The tension between peace and conflict has been a
problem for communities throughout history, frequently at the price of basic human rights. As
mankind advances, nevertheless, there is a growing understanding of how important it is to put
peace and human rights first as the cornerstones of stability and advancement for the entire
world.

On the other hand, pursuing peace transcends geopolitical divisions and ideological barriers and
is humanity's highest goal. Peace is a dynamic process that includes diplomacy, reconciliation,
and mutual understanding rather than just the absence of conflict. It calls for fearless leadership,
unrelenting dedication, and the readiness to face ingrained grievances with humility and
empathy. Furthermore, since a just and equitable society can only flourish in a setting of peace
and stability, peace is inextricably related to the advancement and defence of human rights.

It will take coordinated efforts to balance the demands of security with the ideals of human rights
in order to guarantee a more just and peaceful world. This calls for funding peacebuilding,
conflict prevention, and post-war reconstruction in addition to cultivating a culture of
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communication, tolerance, and respect for variety. Furthermore, it requires that those who violate
human rights be held responsible for their acts, which will advance justice, accountability, and
peacemaking.

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