Exploring Mechanisms for Enforcing Human Rights within the Context of International Law: Issues and Challenges

Godswill Owoche Antai; Tom Mulegi; Eleanor Kirahora Barongo; Collins Ekpenisi; Esther C. Kisubi; Ifesinachi Charles Okonji

doi:10.58709/niujls.v10i1.1943

Godswill Owoche Antai Kampala International University, Uganda
Tom Mulegi Kampala International University, Uganda
Eleanor Kirahora Barongo Kampala International University, Uganda
Collins Ekpenisi Kampala International University, Uganda
Esther C. Kisubi Kampala International University, Uganda
Ifesinachi Charles Okonji Kampala International University, Uganda

DOI: https://doi.org/10.58709/niujls.v10i1.1943

Abstract

There is no doubt that the World Wars I & II fought between 1914 to 1918 and 1939 to 1945 prompted the establishment of international institutions such as the League of Nations created after World War I and the subsequent United Nations formed in 1945 which laid the groundwork for global cooperation to address violations of human rights. Despite the efforts made to maintain global peace over the past years, there have been gross violations of human rights as the world continues to witness a series of wars. The recent conflicts in Syria, the war between Russia and Ukraine, and the Gaza war between Hamas and the Israeli Forces have led to widespread human rights violations, which highlights the urgency or need to address human rights violations beyond state sovereignty. This research explores the conflict between state sovereignty and enforcing human rights globally. It examines legal frameworks of international organizations, and alternative tools like sanctions, alongside the role of civil society against human rights violations. While International law offers mechanisms such as the United Nations human rights system, their effectiveness is limited by politics. The study acknowledges the growing influence of "soft law" through public pressure from NGOs and the media. Beyond legal avenues, the research explores the Responsibility to Protect (R2P) framework, allowing intervention in extreme human rights violations despite sovereignty concerns. It emphasizes the need for cultural sensitivity to avoid neo-colonial approaches. The research also proposes several approach that prioritizes human rights while acknowledging the complexities of the international landscape which includes economic pressure through targeted sanctions and diplomatic actions. As a recommendation, it highlights the power of civil society and grassroots movements in challenging state impunity even as it advocates for a shift towards a more holistic approach involving diverse actors to bridge the gap between theory and practice in global human rights enforcement.

Keywords: State Sovereignty, Human Rights Enforcement, Responsibility to Protect (R2p), International Law, Civil Society