This research paper delves into the myriad contemporary legal challenges confronting India and, by extension, the global community. The disillusionment pervades, with diminishing hope for a brighter future amidst rampant inequality manifested through various forms of injustice, including torture, sexual abuse, and physical and mental harassment.

Often, these grave injustices remain obscured, eluding public scrutiny. Notably, the wartime escalation of crimes places ordinary citizens in an untenable position, caught between governmental and criminal forces. The narrative, spanning historical to present times and likely to continue, paints a bleak picture of the legal and moral landscape. It underscores a significant tension between the ideal purpose of the law—to protect the innocent—and its efficacy, given the continued impunity that perpetrators enjoy.

Despite establishing legal frameworks ostensibly to counteract such misconduct, a discernable gap persists, facilitating the proliferation and evolution of these injustices. While the potential risks associated with unethical practices or socially detrimental activities are acknowledged, the entities engaging in such acts frequently evade accountability. This analysis aims to illuminate these shortcomings within the legal system, advocating for comprehensive reforms to bridge the living chasm between the letter of the law and the lived realities of justice and equality.

Even though the potential risk in carrying out such unethical practices or socially detrimental activities remains, those who are arguably debating whether the law contains some loopholes by which their criminals walk out free remain unanswered.

It's not the first time when the innocent victims have cried out loud, and not a single soul came forward and helped them. From India to Israel, all around the world, people are devasted; they are drenched in blood and sweat for providing for their families even when they have no idea where they are. Both these two places, apart thousands of miles from each other, share some discrepancies, leaving their misery behind and looking out at their government and their people so they could be held responsible and accountable for their mistakes and would be in such a state of self-realization for what they have done.

International Human Rights

International human rights and human rights go hand in hand, complementing each other. The main objective of human rights is to prevent the state from arbitrarily using power over individuals. Many treaties were established to safeguard and protect individuals' rights and save them from state haphazard, such as the International Covenant on Civil and Political Rights, the European Convention, and the American Convention on Human Rights. While in the presence of the armed conflict, to prevent the war cry, IHL came into existence, whose main area of interest was to protect the victims.

Human rights and international humanitarian law share common objectives such as:

• Discrimination based on race, color, sex
• Right to life
• No torture
• No cruel treatment
• No humiliating or degrading treatment
• No slavery
• No retroactive application of the law

Human Rights

The international human rights movement gained strength with the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly on 10 December 1948. The Declaration, conceived as a common standard for all peoples and nations, articulated fundamental civil, political, economic, social, and cultural rights that all individuals should enjoy.

This marked the first instance in history where such rights were clearly defined. Over time, the UDHR has been widely acknowledged as the foundational principle of human rights that everyone is obligated to uphold.

Since 1945, international human rights treaties and other instruments have given legal form to inherent human rights and expanded the international human rights body. Additionally, regional-level instruments have been enacted to address various regions' human rights concerns and establish specialized protection mechanisms. Most countries have also institutionalized formal protection for fundamental human rights by adopting constitutions and other laws.

While international treaties and customary law are the cornerstones of international human rights law, guidance, principles, and declarations endorsed at the international level contribute to interpreting, implementing, and progressing human rights. Upholding human rights necessitates the establishment of the rule of law at both national and international levels.

Overview of war crimes and the legal frameworks established to prevent them
When there is a severe violation of law in international law, then it results in war crime. Defining war crime sounds like grasping at a straw as it has evolved; to give it a try, author Francis Lieber gave it in the 'Lieber Code.' He said it was a severe breach of the 'law of force' as it prohibited malevolent violence committed against persons in the invaded countries, which included rape, maiming, and murder.

On top of that, it is punishable by the death penalty. If we compare the modern definitions with traditional definitions, they used to be more orthodox and had narrower interpretations, thus creating more havoc than usual; if we investigate the contemporary definitions, they criminalize the acts done by the layman, and they also include military personals thus creating narrower interpretations that produce a vast horizon in the reader's mind.

If we investigate war crime, it is blanket protection and is a broad spectrum for all the crimes that could take place with civilians. The chances of causality are much higher in the case of war crimes as even the police officers and the militants themselves began to violate the law and cause some severe damage to civilians, especially women and children. The percentage of crime against women has risen from 18% to 40% among women, as per the data from the Democratic Republic of Congo.

The mortality rate has also risen; globally, 80,000 people died due to fighting, as per the reports in the year 2019. Conflict death is increasing also due to causalities, especially around the Middle East, Africa, and Europe; with this, the future is filled with uncertainty. If we look at the Middle East, the Middle Eastern theatre of World War 1, which lasted for four years from the year 1914 to 1918, more than a hundred thousand people were killed, and the causalities were countless.

The situation in Africa was also grievous; plenty of genocides and massacres took place there. From the Rwanda genocide to the Titanic Express massacre, it only resulted in countless causalities.

When the system is filled with flaws and no one is there to question it, it becomes a habit that no one is ready to change. They say the system is flawed; the horror and destruction of the world have left us in silence with the hope of a better tomorrow and have left the world in an actual bubble where the world seems to look scary but with rose-tinted glasses where no one wants to see the reality.

The attempt to control the seriousness of the act seems absurd when the law is not applicable. When someone commits a war crime, it is the death of humanity; war crimes are serious human rights violations that demand some serious look into the matter; no matter what caused any 'armed conflict,' it cannot be justified. UN charter forbids aggressive war but allows self-defense.

The UN Commission of Inquiry gathers evidence of war crimes actively from all the parties involved that can be used in an ongoing investigation that the International Criminal Court heads. But some nations, such as the USA, Russia, and Israel, do not recognize the ICC's jurisdiction.

However, some nations, such as the United States, Russia, and Israel, do not recognize the ICC's jurisdiction. Furthermore, the ICC lacks a police force to enforce arrest warrants and impose restitution for victims. International tribunals, such as the International Court of Justice and the European Court of Human Rights, can consider cases involving alleged violations. Domestic courts, whether in Israel or elsewhere, can also. Under US law, American sufferers may seek reimbursement from Hamas in US courts.

Infractions of international law can also result in penalties, such as those placed on Russia by the United States, the European Union, and others in response to its invasion of Ukraine, and, in exceptional circumstances, U.N.-authorized military involvement.

In the case of Noor Aga V. State of Punjab1, the court held that the regulations of humanitarian law are an essential component of customary international law. The ICJ has noted that they are crucial to human dignity and "elementary principles of humanity."

All states must follow humanitarian law norms in armed conflicts, whether they have signed the relevant Conventions since they are intransgressible principles of international customary law. The ICJ has also emphasized that the demand on all countries to obey the Geneva Conventions in all situations stems not from the Conventions themselves but from universal principles of humanitarian law to which the Conventions only provide specific expression."

Gender-based violence in conflict zones

As per the data, gender-based violence has increased during the war and armed conflict. This includes sexual violence, forced marriage, intimate violence, and so on because gender-based violence is often used to create suppression and fear among people. Both men and women become the primary victims of war. Still, the situations for women are more detrimental as lack of health services, nonavailability of education, and unemployment also add up to the poor situation.

The puzzle remains the same, where the living conditions of women do not change. The oppression by the male 'dominant' class that lies for many years has not changed the fact that women are not safe and sound yet; this escalates the living conditions with the shortage of supplies such as food, medicines, sanitation, and other essentials. The failure to provide vital necessities for those in need during conflict and times of unrest can have an impact on various groups of people, especially women and girls—often compounding pre-existing inequality.

In the past couple of years, the gap in crimes between men and women has heightened as they are the prime targets of all the heinous crimes. Gender-based violence is additionally rising in post-conflict nations, owing to the overall breakdown of the rule of law, the availability of small arms, the dissolution of social and familial institutions, and the "normalization" of gender-based violence as an extra component of pre-existing prejudice.

Access to services such as sexual health services can be disrupted, putting women and girls at risk for unplanned pregnancy, maternal mortality and morbidity, severe sexual and reproductive injuries, and contracting sexually transmitted infections, including because of conflict-related sexual violence.
 
In contrast, the United Nations Security Council adopted resolution 1325 on 'women, peace, and security,' which uplifted womanhood by bringing them together and making them participate in decision-making so they could take up crucial matters in their hands. On the other hand, the United Nations also adopted resolution 1820 in the year 2008 to address sexual violence in conflict zones.

The perpetrators should be held accountable, and the laws should be more stringent to tackle the problem of gender-based violence. Mental health should also be given proper importance to help the victim as apart from physical harm, the mind is the most affected part, and going through all is an uphill battle.

The trauma that these young minds go through at this tender age is just inhuman, and this should not be left unattended. There are several unsung victims whose stories we don't recall, but the marks on their bodies and minds remind them every day that they were once tormented and most probably still are.

Intervention is necessary so these women and girls can stand on their feet, be breadwinners in their families, and never depend on anyone for anything. They should also be provided with specific skills and assets to make healthy decisions for their family.

Conclusion
Human rights violations during armed conflicts represent one of the gravest and most urgent challenges facing the global community today. These violations, ranging from indiscriminate attacks on civilians to systematic torture and enforced disappearances, undermine the very fabric of human dignity and international law. Despite various international legal frameworks designed to protect human rights and limit the barbarity of war, the reality on the ground often tells a different story, where these laws are flagrantly disregarded, and accountability remains elusive.

One of the most striking aspects of human rights violations in armed conflicts is the deliberate targeting of civilians. This includes the use of tactics such as aerial bombings, shelling, and sieges that disproportionately affect non-combatants. For instance, the ongoing conflicts in Syria and Yemen have seen egregious examples of such tactics, where hospitals, schools, and residential areas are frequently bombed, resulting in a high number of civilian casualties. These actions violate international humanitarian law, particularly the Geneva Conventions, and the core human rights principles, including the right to life, security, and adequate living standards.

Internally displaced persons (IDPs) further underscore the human toll of armed conflicts. Wars often force millions of people to flee their homes, leading to humanitarian crises in neighboring countries and beyond. These displaced populations face a myriad of human rights abuses, which include a lack of essential necessities such as food, clean water, and medical care.

Moreover, they are often subjected to exploitation, discrimination, and violence in their host communities. The international community's response to these crises has frequently been inadequate, marked by insufficient funding for humanitarian aid and restrictive immigration policies that leave many refugees in limbo.

Sexual violence is another horrific consequence of armed conflicts, used systematically as a weapon of war. Women and girls are particularly vulnerable, but men and boys are also victims. This form of violence is not only a severe human rights violation but also a war crime and a crime against humanity. In conflicts from the Democratic Republic of Congo to Myanmar, sexual violence has been employed to terrorize communities, destroy social cohesion, and humiliate the enemy. Despite increased international attention and advocacy, justice for survivors remains rare, and impunity for perpetrators is widespread.

Torture and other forms of cruel, inhuman treatment are pervasive in conflict zones. Detainees, including prisoners of war, political prisoners, and civilians, often suffer from systematic abuse by state and non-state actors. Such practices are in direct violation of international human rights instruments such as the Convention Against Torture. However, despite these legal protections, enforcement is weak, and accountability is often nonexistent, leading to a culture of impunity.

Child soldiers represent another tragic dimension of human rights violations in armed conflicts. Thousands of children are forcibly recruited into armed groups, where they are subjected to extreme violence, indoctrination, and abuse. As per the rules of child labor, a child who is fourteen years old is not allowed to work in any workplace, yet people often ignore this age criterion, which is reasonably necessary for almost all of us.

Recruitment and use of child soldiers not only violates their rights to education, safety, and development but also inflicts long-term psychological and physical trauma. War crimes and armed conflict leave an everlasting and severe mark on their young minds, which often requires psychological treatment. The government and other international bodies should develop educational programs to uplift and spread education to each nation; they must stick to each other so that the program can be reached everywhere simultaneously.

Efforts to address human rights violations in armed conflicts must be multifaceted. Strengthening international legal mechanisms and ensuring their rigorous enforcement is essential. This includes supporting the International Criminal Court (ICC) and other tribunals in holding perpetrators accountable. There is an immediate need to enhance the judicial system for the prosecution of those who commit war crimes.

Preventive measures are equally important. Early warning systems and diplomatic interventions can help to de-escalate tensions before they erupt into full-blown conflicts. Additionally, supporting local peacebuilding initiatives and civil society organizations can foster resilience and promote human rights at the grassroots level.

The international community must also prioritize the protection and assistance of victims of armed conflicts. This includes providing adequate humanitarian aid, ensuring safe and legal pathways for refugees, and supporting the reintegration of child soldiers and survivors of sexual violence. For a better tomorrow, one must think independently and ensure the 'safety net' without sabotaging someone's life.

In conclusion, the pervasive human rights violations in armed conflicts demand a robust and coordinated response from the global community. Upholding the principles of human dignity, justice, and accountability is a moral imperative and essential for achieving lasting peace and stability. Through concerted efforts to prevent conflicts, protect victims, and prosecute perpetrators, the international community can work towards a future where the horrors of war no longer infringe upon the fundamental rights of individuals.

Also Read:

• Human Rights Violations In Modern World
• Grave Human Rights Violations In Middle East And North Africa