7 May 2019
Our new publication Disability and Armed Conflict brings attention to the devastating impact conflict has on persons with disabilities and, crucially, highlights that many of the key international humanitarian law (IHL) provisions that serve to minimize the impact of armed conflict – such as the proportionality assessment and advanced effective warnings – are not being applied in a disability inclusive manner, resulting in persons with disabilities being killed, seriously injured or left behind as families flee armed attacks.
‘This publication brings attention to this extremely important, yet much overlooked topic that has been predominately ignored by states, humanitarian organizations, the United Nations (UN), civil society, the media as well as academics. It is the outcome of more than three years of research funded by SNIS and Pro Victimis, including field research in the Democratic Republic of the Congo, Colombia, Palestine, Ukraine and Vietnam’ underlines Professor Marco Sassòli, Director of the Geneva Academy.
Persons with disabilities are the largest minority group in the world. According to the World Health Organization, they represent at least 15 percent of every population. Despite this, and the severe consequences that armed conflict has on them, ‘disability’ is still widely considered a niche issue in the conflict setting.
‘Very little research or literature exists on the topic’ underlines Alice Priddy, Senior Researcher at the Geneva Academy and author of the publication.
‘Open the contents page or index of any textbook on armed conflict and it is unlikely to include ‘disability’. Military manuals and IHL training programmes do not meaningfully incorporate the disability perspective while UN-mandated commissions of inquiry and UN agency reports routinely fail to include a disability analysis of armed conflict. Alarmingly, not a single resolution of the UN Security Council, Human Rights Council or General Assembly is dedicated to addressing the disproportionate impact of armed conflict on persons with disabilities’ she adds.
The publication offers eight key findings and recommendations for states, humanitarian organizations and the UN Committee on the Rights of Persons with Disabilities. The findings and associated recommendations relate to: the application of the UN Convention on the Rights of Persons with Disabilities (CRPD) in differing conflict settings, the relationship between the CRPD and IHL, as well as analysis of a number of key IHL norms, including adverse distinction and humane treatment from a disability perspective.
The findings also challenge the miss-conceptions that continue to dominate disability discourse: including incorrect understandings of ‘disability’, the under-inclusive focus on physical and sensory impairment, and prevention of primary impairment being wrongly included within disability-rights.
‘In sum, the publication highlights that IHL is not being applied in a disability inclusive manner and this amounts to discrimination under the CRPD and also goes against IHL’s own norms that demand humane treatment and prohibit adverse distinction’ stresses Alice Priddy.
Besides the recommendations offered in the publication, training sessions were held in Palestine, Ukraine and Vietnam, to provide stakeholders on the ground – local organizations of persons with disabilities, state representatives, UN agencies and other international humanitarian organizations – with an overview of international law applicable to persons with disabilities and their inclusion in norms related to the conduct of hostilities.
‘We plan to continue to work on this topic by publishing a Military Briefing in early 2020 that will offer very concrete guidance to militaries on the law and policy changes they need to make to ensure that they are applying their IHL obligations in an inclusive manner’ explains Professor Marco Sassòli.
Determined to bring attention to the lives of persons with disabilities living in armed conflict, we have partnered with the photographer Giles Duley to tell the stories of some of those affected by armed conflict.
His photo exhibition on Quai Wilson (Geneva) from 30 Avril to 30 May 2019 tells the stories of persons with disabilities during and following armed conflicts including Odai in Gaza, Yasmine in Iraq, Betty in Uganda and Kholoud who fled Syria with her family and now lives in Holland after having spent almost three years in Lebanon.
Dr Amna Nazir is a Lecturer in Law and Associate Director of the Centre for Human Rights at Birmingham City University. She also holds an Editorship at Harvard Law School’s Program in Islamic Law. She just started as Visiting Fellow at the Geneva Academy, working remotely from Birmingham, and will stay with us until the end of March 2021.
Asian Development Bank
Our new Research Brief The Right to Land and Other Natural Resources details the content of this right, states’ obligations, as well as accountability mechanisms for its enforcement at national, regional and international levels.
Join us for our open house to learn more about this part-time programme designed professionals, meet staff, students and alumni, and discuss career opportunities.
Francisco Proner / Farpa/ CIDH
This short course, which can be followed in Geneva or online, aims at presenting the institutions and procedures in charge of the implementation of international human rights law.
This short course, which can be followed in Geneva or online, discusses the extent to which states may limit and/or derogate from their international human rights obligations in order to prevent and counter-terrorism and thus protect persons under their jurisdiction.
Resulting from traditional legal research and informal interviews with experts, the project aims at examining how – if at all possible – IHL could be more systematically, appropriately and correctly dealt with by the human rights mechanisms emanating from the Charter of the United Nations, as well from universal and regional treaties.