罗兴亚危机:对联合国安理会和国际人权法的批判性分析

E. K. Nartey
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摘要

本文回顾了2017年针对罗兴亚人的侵犯人权行为,并评估了联合国安理会问责制的有效性。结论是,根据国际法和人权法的道德和诚信原则,根据国际刑事法院预审分庭的判决,应该对罗兴亚穆斯林犯下的罪行进行调查。这篇文章强调了国际法和人权法中道德和诚信的基本原则。国际法中的道德和诚信原则本应允许安理会按照国际人权原则行事。得出的结论是,安理会未能履行其义务完全是由于俄罗斯与缅甸的政治关系,这也导致俄罗斯使用否决权,阻碍安理会就该局势发表声明。在执行和执行国际法和人权方面的陈腐做法使道德和廉正原则陷于瘫痪。有鉴于此,这篇文章肯定有必要建立一个更好的框架来解决诸如罗兴亚种族灭绝和俄罗斯入侵乌克兰等问题,以及未来可能出现的任何并发症。有人建议,除了联合国大会和安理会之外,有必要在这两个机构内设立一个冲突管理机构。关键词:责任;种族灭绝;人的尊严;人权法;侵犯人权;国际法;Rohingyal;俄罗斯;州;乌克兰;联合国大会;联合国安全理事会;
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Rohingya Crisis: A Critical Analysis of the United Nations Security Council and International Human Rights Law
This essay reviews the human rights violations against the Rohingya people in 2017 and assesses the effectiveness of accountability under the United Nations Security Council (UNSC). It is concluded that under the principles of ethics and integrity in international law and human rights law, there should have been investigations into the crimes committed against Rohingya Muslims in accordance with the judgement given by the ICC's Pre-Trial Chamber. The essay underlines the fundamental principles of ethics and integrity in international law and human rights law. The principles of ethics and integrity in international law should have allowed the UNSC to act in accordance with the international doctrine of human rights. It is concluded that the UNSC's failure to carry out its obligations was solely due to Russia's political ties with Myanmar, which also resulted in Russia using its veto power and obstructing the UNSC's statement on the situation. The banal approach to the implementation and enforcement of international law and human rights has paralysed the principle of ethics and integrity. In this light, the essay affirms there is a need to create a better framework to resolve issues such as the Rohingya genocide and the Russian invasion of Ukraine and any complications that may arise in the future. It is suggested that in addition to the United Nations Assembly and the UNSC, there is a need to create a conflict management body within these two settings. Keywords: Accountability; Genocide; Human Dignity; Human Rights Law; Human Rights Violations; International law; Rohingyal; Russia; States; Ukraine; United National General Assembly; United National Security Council;
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