INDEX

Introduction………………………………………………………………………….2

Background and Establishment of the Human Rights Council……3

Functions and Mechanisms of the Human Rights Council…………5

Key Achievements and Challenges…………………………………………..8

The Human Rights Council and International Law….………………10

Reforming the Human Rights Council – Recommendations and

Future Directions ………………………………………………………………...13

Case Studies on the Human Rights Council’s Impact……………….16

Conclusion……………………………………………………………………..……17
Bibliography……………………………………………………………………..…18

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 Introduction

The United Nations Human Rights Council (UNHRC), established in 2006, is one
of the most pivotal bodies in the international landscape for the promotion and
protection of human rights. It was created as part of a broader reform aimed at
enhancing the UN’s ability to address human rights violations worldwide,
succeeding the United Nations Commission on Human Rights, which had faced
criticism for its perceived political biases and limited effectiveness. The Human
Rights Council was designed to correct these issues, providing a forum where
human rights concerns could be addressed impartially, inclusively, and with
renewed credibility.

This project aims to explore the structure, function, and impact of the Human
Rights Council on global human rights practices. In its relatively short existence,
the Council has implemented mechanisms such as the Universal Periodic Review
(UPR), enabling the review of the human rights records of all UN member states,
and established "Special Procedures," including independent experts and
rapporteurs who monitor and report on specific human rights issues. Through these
initiatives, the HRC has created an essential platform for addressing and
investigating human rights concerns on both a country-specific and thematic level.

However, despite its notable achievements, the Council has faced substantial
challenges. These include accusations of political bias, a complex membership
process that has seen states with poor human rights records join the Council, and
logistical constraints that impact its operations. These criticisms have sparked
ongoing debates about the Council’s effectiveness and credibility in addressing
global human rights issues impartially.

By analyzing the Council’s structure, mechanisms, achievements, and challenges,

this project will provide a comprehensive understanding of its role within the UN
and its impact on international human rights law. Understanding the HRC is
particularly valuable for legal scholars and practitioners, as it underscores the
complexities of human rights governance in an increasingly interconnected world
and highlights the balance between global standards and national sovereignty. The
project also addresses potential reforms that could further strengthen the Council's

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mandate and enhance its capacity to respond effectively to emerging human rights
challenges.

In sum, this project aims to contribute to the broader discourse on the Human
Rights Council’s function and significance, evaluating its contributions and
limitations and proposing pathways for improvement in upholding the fundamental
principles of human rights across the globe.

Background and Establishment of the Human Rights

Council

Historical Context
The Human Rights Council (HRC) was established in 2006 as a subsidiary body of
the United Nations General Assembly, replacing the United Nations Commission
on Human Rights (UNCHR). The UNCHR, active from 1946 to 2006, had been
criticized for its lack of credibility due to issues like political bias and the presence
of member states with poor human rights records. In response, the UN sought to
create a more impartial and effective body focused on promoting and protecting
human rights globally, leading to the formation of the HRC through General
Assembly Resolution 60/251.

Mandate and Objectives

The HRC’s primary mandate is to promote universal respect for human rights,
address situations of human rights violations, and make recommendations to
improve human rights protections. The Council aims to uphold the principles of the
UN Charter and the Universal Declaration of Human Rights, focusing on
cooperation and dialogue with member states. Additionally, it seeks to prevent and
respond to crises where human rights abuses are prevalent, ensuring accountability
and justice for victims.

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Organizational Structure
The HRC consists of 47 member states elected by the United Nations General
Assembly for three-year terms, with seats allocated based on equitable regional
distribution. The membership is divided among the five UN regions: Africa,
Asia-Pacific, Latin America and the Caribbean, Western Europe and others, and
Eastern Europe. Each member state is subject to re-election, and any member can
be suspended if it commits gross human rights violations.

The HRC meets at least three times annually, with additional sessions called as
needed to respond to urgent human rights situations. A rotating presidency among
members facilitates its functions, and various sub-bodies and working groups, such
as the Universal Periodic Review Working Group and the Advisory Committee,
support its work.

Key Mechanisms Introduced

Two critical mechanisms were introduced with the formation of the HRC:

● Universal Periodic Review (UPR): The UPR process, unique to the HRC,
involves a periodic review of the human rights records of all UN member
states, encouraging transparency and accountability through a peer review
process.
● Special Procedures: The HRC established Special Procedures, including
special rapporteurs, independent experts, and working groups dedicated to
investigating human rights abuses. These mechanisms focus on specific
themes (e.g., freedom of expression, poverty) or countries with pressing
human rights concerns.

Transition from UNCHR to HRC

The transition from UNCHR to the HRC marked a significant reform in the UN’s
approach to human rights, reflecting the need for a more robust and credible body.
While the UNCHR often struggled with political interference, the HRC was
created with enhanced rules to minimize these issues, though challenges persist.

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Functions and Mechanisms of the Human Rights Council

Universal Periodic Review (UPR)

The Universal Periodic Review (UPR) is one of the most significant innovations
introduced by the Human Rights Council. It is a unique process through which the
human rights records of all 193 UN member states are reviewed every four years.
The UPR aims to ensure that every member state is held accountable for its human
rights practices, providing a platform for dialogue and recommendations.

● Process: During each review, the state under review presents its human
rights situation, followed by a report from the Office of the High
Commissioner for Human Rights (OHCHR). Other states, civil society
organizations, and UN agencies also provide input, and the state in question
must respond to any recommendations made.
● Significance: The UPR promotes transparency and encourages countries to
make voluntary commitments to improve their human rights practices. It
serves as a tool for non-judgmental dialogue, fostering cooperation rather
than confrontation.

Special Procedures
Special Procedures are a key mechanism of the Human Rights Council, consisting
of special rapporteurs, independent experts, and working groups tasked with
monitoring specific human rights issues or country situations. These experts are
appointed based on their expertise in particular fields and are often asked to
conduct country visits, issue reports, and make recommendations to improve
human rights protection.

● Special Rapporteurs: These experts monitor and report on specific human

rights issues, such as freedom of expression, the rights of refugees, or the
right to health. They have a mandate to visit countries, meet with
governments and civil society, and publish thematic reports to raise
awareness about critical issues.

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 ● Working Groups: These are small groups of experts that deal with specific
human rights themes or conduct investigations into particular country
situations.
● Purpose: Special Procedures play a crucial role in uncovering human rights
abuses and providing recommendations to states, as well as creating
awareness and encouraging international pressure for reforms.

Complaint Procedure
The HRC has established a complaint mechanism that allows individuals and
organizations to bring human rights violations to the Council’s attention. If a
country is found to be in violation of human rights obligations, the complaint
procedure enables the Council to investigate and take appropriate actions.

● Process: Complaints can be submitted by individuals or groups alleging that

a state has violated human rights as outlined in international law. A working
group examines these complaints and may recommend further action, such
as a country-specific investigation or referral to other UN bodies.
● Impact: This procedure allows victims of human rights violations,
particularly those who may have limited access to traditional legal recourse,
to seek international intervention.

Advisory Committee
The Advisory Committee is a body of 18 independent human rights experts who
provide expertise and advise the Council on thematic issues related to human
rights. The committee’s function is to assist the HRC in developing human rights
policies and guidelines.

● Role: The Advisory Committee’s role is to offer research, draft reports, and
provide recommendations on thematic human rights issues. It acts as an
important consultative body that supports the HRC in its broader efforts to
shape international human rights law.

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Focused Sessions and Emergency Meetings
The Human Rights Council has the authority to call emergency sessions when
urgent human rights situations arise, such as conflicts, natural disasters, or systemic
violations of human rights in specific countries. These special sessions allow the
HRC to address crises in a timely manner and call for international action.

● Emergency Sessions: These meetings enable the Council to rapidly respond

to emergencies, such as those witnessed during the Syrian Civil War or the
humanitarian crisis in Myanmar, and issue resolutions that call for
immediate action.

Relationship with Other UN Bodies and Regional Mechanisms

The HRC works closely with other UN bodies, especially the Office of the High
Commissioner for Human Rights (OHCHR), the UN General Assembly, and the
UN Security Council, to coordinate responses to global human rights issues.

● Cooperation with Regional Bodies: The HRC also collaborates with

regional human rights organizations, such as the African Commission on
Human and Peoples' Rights, to ensure that human rights are protected at all
levels of governance.

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 Key Achievements and Challenges of the

Human Rights Council

Key Achievements of the Human Rights Council

The Human Rights Council has made significant strides in promoting and
protecting human rights since its establishment. Here are some of its key
accomplishments:

● Enhanced Global Accountability through the Universal Periodic Review

(UPR): The UPR has been instrumental in promoting transparency and
accountability in human rights practices. It has encouraged countries to
voluntarily commit to improving their human rights records, with nearly
universal participation from all member states.
○ Example: Countries such as Tunisia and Myanmar have taken tangible
steps to reform their human rights practices following UPR
recommendations.
● Effective Special Procedures and Investigations: The Council’s Special
Procedures have allowed for targeted investigation and reporting on specific
human rights issues and country situations.
○ Example: Special rapporteurs have played a crucial role in drawing
international attention to issues like freedom of expression,
gender-based violence, and the rights of indigenous peoples.
● Timely Response to Human Rights Crises: The HRC has demonstrated an
ability to react quickly to human rights emergencies by holding special
sessions and adopting resolutions.
○ Example: The Council took swift action in response to the
humanitarian crises in Syria, Yemen, and Myanmar, raising
international awareness and calling for urgent intervention.
● Increased Civil Society Participation: The HRC has encouraged civil
society organizations to participate in discussions, making it more inclusive
and diverse. This has provided a voice to those directly affected by human
rights abuses and helped bring grassroots perspectives to international
forums.

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Major Challenges Facing the Human Rights Council

Despite its achievements, the Human Rights Council faces significant challenges
that hinder its effectiveness and credibility:

● Political Bias and Selectivity: The Council has often been criticized for
allowing political interests to influence its decisions. This can lead to
selective targeting, where some states are scrutinized heavily while others
are overlooked, depending on the influence of powerful nations within the
Council.
○ Example: Some countries with problematic human rights records
avoid scrutiny due to geopolitical alliances, leading to accusations of
double standards.
● Membership Controversies: The HRC’s credibility has been questioned
due to the election of member states with poor human rights records. This
has led to concerns that these countries might use their positions to shield
themselves from scrutiny.
○ Example: Countries like Venezuela, Saudi Arabia, and China have
held seats on the HRC, despite facing international criticism for
alleged human rights abuses.
● Limited Enforcement Power: While the HRC can make recommendations
and call for action, it lacks the authority to enforce its decisions. This limits
its ability to compel states to implement reforms or to take meaningful
action against serious human rights violators.
● Resource and Funding Constraints: The Council’s ability to address all
pressing human rights issues is hampered by limited resources. This affects
its capacity to fund investigations, support Special Procedures, and follow
up on recommendations.
● Challenges in Protecting Human Rights Defenders: The HRC relies on
information from human rights defenders and civil society organizations,
who often face threats or reprisals in their home countries. Ensuring their
protection remains a complex and ongoing challenge.

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 The Human Rights Council and International Law

The Human Rights Council’s Role in Shaping International Human Rights

Law

The Human Rights Council (HRC) plays a crucial role in shaping international
human rights law by establishing norms and standards that influence global
policies and treaties. Through its resolutions, recommendations, and reports, the
Council guides states in interpreting and implementing human rights principles
based on the Universal Declaration of Human Rights and other foundational
treaties.

● Norm Development: The HRC’s resolutions often lead to the establishment

of new norms on emerging issues, such as environmental rights, digital
privacy, and rights related to sexual orientation and gender identity.
● Influence on International Treaties: While the HRC cannot create legally
binding treaties, its work informs and strengthens existing frameworks, such
as the International Covenant on Civil and Political Rights and the
Convention on the Rights of the Child.

Interaction with Other International Bodies

The HRC works in tandem with other UN entities and international organizations
to address human rights violations and develop cohesive global responses to rights
abuses. This collaboration allows the HRC to leverage various resources, expertise,
and influence from other bodies:

● Office of the High Commissioner for Human Rights (OHCHR): The

OHCHR provides technical and logistical support to the HRC, assists in
coordinating field missions, and monitors the implementation of HRC
recommendations.
● UN Security Council: In cases where human rights violations lead to
security threats, the HRC can refer issues to the Security Council, which has
the authority to impose sanctions or mandate peacekeeping interventions.

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 ● International Criminal Court (ICC): When HRC investigations reveal
evidence of serious crimes, such as genocide or crimes against humanity,
cases may be referred to the ICC for further action.
● Collaboration with Regional Human Rights Bodies: The HRC
coordinates with regional organizations like the African Union, the European
Court of Human Rights, and the Organization of American States to create a
more unified approach to human rights across different regions.

Case Studies and Precedents Set by the Human Rights Council

The HRC has established important precedents through country-specific

resolutions and thematic reports, which have influenced international norms and
inspired legal reforms. These precedents reinforce the Council’s role in guiding
international law:

● Myanmar (Rohingya Crisis): The HRC’s investigation and reports on

Myanmar’s treatment of the Rohingya minority have provided critical
evidence of ethnic cleansing, laying the groundwork for ICC and ICJ
involvement.
● Syria: The HRC’s establishment of an independent commission of inquiry
into the Syrian Civil War has documented widespread abuses, influencing
international opinion and policy responses.
● Climate Change and Human Rights: The HRC’s resolutions on climate
change have helped establish environmental issues as human rights
concerns, advocating for state obligations to protect vulnerable populations
from environmental harm.

Challenges in Enforcing International Human Rights Law

While the HRC contributes to shaping human rights standards, it faces challenges
in enforcing them:

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 ● Lack of Binding Authority: The HRC’s recommendations are not legally
binding, limiting its power to compel states to implement reforms. This often
results in selective compliance, where states may ignore recommendations
without facing repercussions.
● Political and Diplomatic Constraints: The Council’s actions can be limited
by political influences, especially from powerful states that may resist
recommendations or block resolutions.
● Dependence on Member Cooperation: The HRC relies on state
cooperation for its investigations and missions. Without access to countries
facing scrutiny, it can be challenging to conduct thorough assessments or
enforce accountability.

Role of the HRC in the Future of International Human Rights Law

Looking ahead, the HRC is poised to continue influencing international human

rights law in several key areas:

● Emerging Issues: The Council is addressing evolving issues such as

artificial intelligence’s impact on privacy, the rights of climate migrants, and
corporate accountability for human rights.
● Calls for Stronger Enforcement Mechanisms: There is growing advocacy
for strengthening the HRC’s enforcement capacity, potentially by working
more closely with bodies like the ICC or exploring legally binding
resolutions in collaboration with other UN entities.
● Greater Inclusivity and Civil Society Engagement: Expanding civil
society participation will be essential for the HRC’s effectiveness, allowing
for more diverse and representative perspectives in the development of
human rights law.

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 Reforming the Human Rights Council –
Recommendations and Future Directions

Need for Reforms in the Human Rights Council

Despite its accomplishments, the Human Rights Council (HRC) faces several
challenges that impact its effectiveness and credibility. There is a growing
consensus among scholars, activists, and member states on the need for reforms to
strengthen the Council’s role in upholding human rights globally. Key issues
include political bias, limited enforcement power, and the membership of states
with poor human rights records. Addressing these challenges through
well-designed reforms can help make the HRC a more impartial, effective, and
resilient institution.

Enhancing Membership Standards

One of the most significant criticisms of the HRC is that states with poor human
rights records often serve as members, potentially undermining the Council’s
credibility and commitment to human rights:

● Proposal for Membership Criteria: Setting stricter eligibility criteria for

Council membership based on human rights performance could help ensure
that member states exemplify the values they are meant to uphold.
● Peer Review Mechanism for Members: A regular peer review of member
states’ human rights records could promote accountability and encourage
members to improve their practices during their term on the Council.

Reducing Political Bias and Improving Objectivity

Political interests and alliances often impact the Council’s decisions, leading to
selective scrutiny of some countries while others are shielded:

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 ● Balanced Regional Representation: Ensuring equal representation from all
regions can help prevent dominance by any single group and promote a
more balanced approach to human rights issues.
● Independent Review Panel: An independent panel could be introduced to
evaluate the objectivity of resolutions, helping to minimize politically
motivated decisions and ensure that all cases are treated equitably.

Strengthening the Enforcement Mechanisms

The HRC’s lack of enforcement power limits its ability to hold states accountable
for human rights violations:

● Collaboration with the International Criminal Court (ICC):

Strengthening ties with the ICC could provide a pathway for serious human
rights violations to be prosecuted under international law.
● Developing Legally Binding Recommendations: Although challenging,
there is a growing call to give the HRC limited binding authority in cases of
egregious human rights abuses, especially where states are unwilling or
unable to act.
● Follow-Up Mechanisms for Implementation: Establishing follow-up
procedures to monitor how countries implement HRC recommendations
would improve accountability and encourage compliance.

Increasing Resources and Capacity

Limited resources constrain the HRC’s ability to operate effectively, particularly

when addressing multiple crises simultaneously:

● Improving Funding for Special Procedures: Increased funding would

allow for more robust investigations, especially in high-risk areas and during
extended conflicts.

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 ● Capacity Building for Member States: Assisting countries in building
capacity for human rights protections could reduce resistance to HRC
recommendations and encourage more proactive compliance.

Expanding Civil Society and NGO Participation

Civil society organizations (CSOs) and non-governmental organizations (NGOs)

provide critical on-the-ground insights and represent marginalized voices.
Expanding their role within the HRC could lead to more comprehensive human
rights advocacy:

● Enhanced Participation Rights: Increasing the influence of CSOs and

NGOs in HRC sessions and decision-making can improve transparency and
ensure that local perspectives are represented.
● Protection for Human Rights Defenders: Offering international
protections to human rights defenders who engage with the HRC can
encourage their participation and reduce fears of reprisal from their home
governments.

Focusing on Emerging Human Rights Issues

As global issues evolve, the HRC must adapt to address new human rights
challenges effectively:

● Human Rights and Technology: The HRC could develop frameworks to

address privacy, artificial intelligence, and digital rights in collaboration with
technology experts and stakeholders.
● Climate Change and Environmental Rights: Recognizing the impact of
environmental degradation on human rights, the HRC could work toward
formalizing environmental protection as a core component of human rights
law.

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 Case Studies on the Human Rights Council’s Impact

Case Study: The Human Rights Council and the Syrian Civil War

The Syrian Civil War, ongoing since 2011, has been one of the most devastating
conflicts in recent history, marked by widespread human rights abuses, including
civilian casualties, displacement, and alleged use of chemical weapons. The HRC
has played a critical role in documenting and investigating these abuses:

● Commission of Inquiry on Syria: The HRC established an Independent

International Commission of Inquiry to investigate human rights violations
in Syria. This commission has published numerous reports documenting war
crimes, such as torture, extrajudicial killings, and chemical attacks.
● Impact: The HRC’s work has created a comprehensive record of abuses,
which has informed global responses and been used as evidence in calls for
justice. The findings have also been submitted to the UN Security Council to
advocate for international action.

Case Study: Myanmar and the Rohingya Crisis

The Rohingya crisis in Myanmar, which escalated in 2017, involved mass

displacement and alleged ethnic cleansing of the Rohingya Muslim minority. The
HRC’s response to this crisis highlights its role in addressing systematic human
rights abuses:

● Fact-Finding Mission on Myanmar: In response to reports of atrocities, the

HRC established a fact-finding mission to document abuses by the Myanmar
military, including forced displacement, sexual violence, and destruction of
villages.
● Impact: The HRC’s documentation has been instrumental in bringing global
attention to the Rohingya crisis and supporting international legal
proceedings, including cases filed with the International Criminal Court
(ICC) and International Court of Justice (ICJ). The reports continue to be a
key resource for human rights advocacy.

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 Conclusion

The United Nations Human Rights Council (HRC) serves as a pivotal institution in
the global effort to protect and promote human rights. Since its inception in 2006,
the HRC has worked to address a wide range of issues, from war crimes and
genocide to emerging concerns like climate change and digital privacy. Through its
various mechanisms—including special procedures, Universal Periodic Reviews
(UPRs), and fact-finding missions—the Council has made significant strides in
documenting abuses, raising awareness, and influencing international policy.
However, the HRC faces substantial challenges, including political bias, limitations
in enforcement power, and the presence of member states with questionable human
rights records.

Despite these challenges, the HRC’s contributions cannot be overlooked. Its case
studies, such as those on the Syrian Civil War, the Rohingya crisis, and gender
equality, illustrate its capacity to bring global attention to serious rights violations,
advocate for justice, and foster international collaboration. The Council has also
played an essential role in shaping international human rights norms, influencing
treaties, and establishing environmental and digital rights as critical areas of focus.

Reforming the HRC is essential to address its shortcomings and enhance its
effectiveness. Proposals for reform, such as stricter membership criteria, increased
accountability mechanisms, and greater inclusion of civil society, could help make
the Council a more impartial and powerful advocate for human rights. As the
global human rights landscape continues to evolve, the HRC’s ability to adapt to
new challenges, such as climate change, technological impacts on rights, and
growing global inequality, will determine its future relevance.

In conclusion, the Human Rights Council remains an indispensable institution

within the UN framework. While it faces obstacles, its role in fostering global
dialogue, supporting human rights defenders, and holding states accountable is
invaluable. Strengthening the HRC through targeted reforms will ensure it
continues to be a central force in the pursuit of a fairer, more just world where
human rights are universally respected.

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 Bibliography

Books and Reports

● Alston, Philip, and Ryan Goodman. International Human Rights: The

Successor to International Human Rights in Context. Oxford University
Press, 2013.
● Donnelly, Jack. Universal Human Rights in Theory and Practice. Cornell
University Press, 2013.
● Gaer, Felice D. "The UN and Human Rights: At the Limits of International
Law." Routledge Handbook of International Human Rights Law, edited by
Scott Sheeran and Sir Nigel Rodley, Routledge, 2013.
● United Nations Human Rights Council. Report of the Independent
International Commission of Inquiry on the Syrian Arab Republic, 2021.
● United Nations Human Rights Council. Fact-Finding Mission on Myanmar:
Detailed Findings on Human Rights Abuses, 2018.

Journal Articles

● Barany, Zoltan. "Where the UN Has Failed to Protect Human Rights."

Journal of Human Rights.
● Boyle, Alan, and Michael R. Anderson. "Human Rights Approaches to
Environmental Protection." Oxford Journal of Environmental Policy and
Law.

Websites and Online Resources

● United Nations Human Rights Council. "Human Rights Council Resolutions

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● Office of the High Commissioner for Human Rights (OHCHR). "About the
Human Rights Council." Accessed [Date]. Available at:
https://www.ohchr.org/en/hr-bodies/hrc/about-council
● United Nations General Assembly. "Establishment of the Human Rights
Council, Resolution 60/251." Accessed [Date]. Available at:
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N05/502/66/PDF/N055
0266.pdf
● International Criminal Court (ICC). "ICC Cases and the Role of the Human
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News and Periodicals

● "UN Report on Rohingya Crisis Accuses Myanmar of Genocide." The

Guardian, 24 August 2018. Available at: https://www.theguardian.com
● "Syria Conflict and the Role of the United Nations Human Rights Council."
BBC News, 10 March 2021. Available at: https://www.bbc.com
● Ratner, Steven R. "Accountability at the Human Rights Council: A Fragile
Balance." The New York Times, 15 September 2019. Available at:
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