What are the difficulties of human rights and international humanitarian law application in post post-agreement in countries emerging from violent conflict ? What are illustrations to this answer?

1. Lack of political will: In countries emerging from violent conflict, there may be a lack of political will to fully implement human rights and international humanitarian law. This can be due to competing priorities, power struggles, or a lack of understanding of the importance of these laws.

Illustration: In South Sudan, despite signing a peace agreement in 2018, there have been ongoing reports of human rights violations and abuses by both government forces and armed groups. The lack of political will to hold perpetrators accountable has hindered the implementation of human rights and international humanitarian law.

2. Weak institutions: Countries emerging from violent conflict often have weak institutions that are unable to effectively enforce human rights and international humanitarian law. This can be due to a lack of resources, capacity, or corruption within the institutions.

Illustration: In Libya, following the overthrow of Muammar Gaddafi in 2011, the country has struggled to establish strong institutions capable of upholding human rights and international humanitarian law. This has led to ongoing violence and human rights abuses in the country.

3. Security challenges: In post-conflict countries, security challenges can make it difficult to implement human rights and international humanitarian law. Armed groups, militias, and criminal organizations may continue to operate, posing a threat to the safety and security of civilians.

Illustration: In the Democratic Republic of the Congo, despite the signing of a peace agreement in 2003, armed groups continue to operate in the eastern part of the country, committing human rights abuses and violating international humanitarian law. The security challenges have made it difficult for the government to protect civilians and uphold their rights.

4. Reconciliation and justice: In post-conflict countries, there may be tensions between the need for reconciliation and the pursuit of justice for past human rights violations. Balancing these competing priorities can be challenging and may hinder the implementation of human rights and international humanitarian law.

Illustration: In Rwanda, following the genocide in 1994, the government implemented a system of community-based justice known as Gacaca courts to promote reconciliation. However, critics argue that this system did not provide adequate justice for victims and perpetrators of human rights abuses, highlighting the challenges of balancing reconciliation and justice in post-conflict settings.

Difficulties of Human Rights and International Humanitarian Law Application in Post-Agreement Countries

Post-agreement environments in countries emerging from violent conflict present challenges to the effective application of human rights and international humanitarian law (IHL) due to:

1. Lack of Political Will and Capacity:
- Governments may prioritize short-term stability over long-term reconciliation and justice.
- Limited institutional capacity and resources hinder investigations and prosecutions.

2. Fragile Security Situation:
- Armed groups or elements may continue to operate, threatening human rights defenders and hindering access to certain areas.
- Crime and violence may remain prevalent, particularly against vulnerable populations.

3. Incomplete Demobilization and Disarmament:
- Unintegrated or inadequately demobilized combatants may engage in criminal activities or human rights violations.
- Weapons proliferation can contribute to insecurity and hamper peacebuilding efforts.

4. Deep-Rooted Divisions and Suspicion:
- Communities may remain deeply divided along ethnic, religious, or political lines.
- Historical grievances and distrust can hinder cooperation and reconciliation.

5. Weak Rule of Law:
- Institutions such as the judiciary and law enforcement may be compromised or lacking in capacity.
- Impunity for human rights violations can undermine confidence in the justice system.

6. Lack of International Support:
- Post-agreement countries may face a decline in international support and funding, leading to a diminished focus on human rights and IHL.

Illustrations:

- Colombia: Despite a peace agreement in 2016, human rights violations, including the killing of human rights defenders, continue due to ongoing armed conflict and weak rule of law.
- Sri Lanka: The aftermath of the civil war has been marked by limitations on free speech, arbitrary arrests, and delayed transitional justice processes.
- Afghanistan: The long history of conflict has left a legacy of human rights abuses and fragmented infrastructure, making it difficult to implement human rights standards after the 2014 agreement.
- South Sudan: The ongoing civil war and political instability have led to widespread human rights violations, including ethnic violence and sexual violence.
- Syria: The Syrian conflict has resulted in a complete breakdown of the rule of law, leading to rampant human rights violations, including torture, forced disappearances, and arbitrary arrests.