Importance of the United Nations Human Rights Council
By Tareq Yousef AlShumaimry
The United Nations Human Rights Council (UNHRC) is an international body responsible for the promotion and protection of human rights around the world. Headquartered in Geneva, Switzerland, it is one of the United Nations’ human rights arms.
Establishment of the Council:
The United Nations Human Rights Council was established in 2006 to replace the Commission on Human Rights, which had existed since 1946. It was established by the United Nations General Assembly pursuant to resolution 60/251.
Among the main reasons for Replacing the Human Rights Commission with the Human Rights Council include the fundamental shortcomings and repeated accusations against the previous Commission including
1. Weak credibility and legitimacy
The Human Rights Commission was heavily criticized for allowing countries with poor human rights records to become members, which led to the politicization of its work and inconsistent decisions.
Some countries used their membership to deflect criticism rather than reform their situations.
2. Politicization and double standards
Many observers believed that the Commission tended toward political bias, targeting some countries over others, while ignoring clear violations by powerful countries or allies of influential members.
3. Weak implementation mechanisms
The Commission lacked strong powers or effective mechanisms to hold countries accountable, and its decisions were mostly symbolic and non-binding. Its reports were not properly followed up and were often ignored.
4. The need for a more efficient and representative structure
The UN General Assembly wanted to establish a more geographically representative body with comprehensive periodic review mechanisms for all countries, something the Commission did not provide.
5. Professionalism and effectiveness
This is achieved by introducing a comprehensive periodic review system for all countries without exception, defining clearer membership criteria, and allowing for the suspension of membership for countries that grossly violate human rights.
The Comparison between the former Commission on Human Rights (1946-2006) and the current Human Rights Council (2006-present), affiliated with the United Nations:
Structure and composition
The Commission on Human Rights was affiliated with the Economic and Social Council, and its membership was 53 countries. Its members were elected by the World Economic Forum. The Human Rights Council, on the other hand, is affiliated with the United Nations General Assembly, and the number of member states has increased to 47. Elections are direct and secret by the United Nations General Assembly, with an absolute majority of 97 votes out of 193 member states. The country’s contribution to promoting human rights and its voluntary commitments are taken into account.
Powers and Functions
With the Human Rights Council, it has become possible to suspend the membership of any state that commits serious and systematic human rights violations by a two-thirds majority of the members of the General Assembly present and voting. This was not possible under the Commission on Human Rights.
With the Human Rights Council, a comprehensive periodic review of the human rights records of all member states every four years has also become possible. This was not possible under the Commission on Human Rights.
Membership and Credibility
With the establishment of the Human Rights Council, the Council has become more effective and transparent, with stronger accountability mechanisms. However, the Commission on Human Rights has lost its ability to address some human rights violations and issues.
The overall outcome of replacing the Commission with the Human Rights Council. The previous Commission was considered an outdated structure that was no longer effective and lacked decisiveness and credibility.
The current Council represents an attempt to rejuvenate the human rights machinery within the United Nations, with broader powers and stronger oversight tools, despite the persistence of some political challenges.
The most prominent functions of the Human Rights Council, according to the new mechanism established after the Council’s establishment in 2006, are
- Monitoring human rights violations in member states.
- Conducting the Universal Periodic Review (UPR), which assesses each member state’s human rights record every four years.
- Appointing special rapporteurs and independent experts to investigate specific issues such as torture, freedom of expression, or racial discrimination.
- Convening emergency sessions in times of crisis or grave violations.
- Recommending international measures to protect civilians in situations of conflict or mass atrocities.
Structure of the Council
The Human Rights Council has 47 members. States are elected for three-year terms, with a 33% annual turnover rate, meaning approximately 15 to 16 new members are elected each year depending on the expiration of their terms.
No state may serve more than two consecutive terms, but may re-elect after a period of interruption. The principle of equitable geographical distribution among the continents is based on the allocation of 13 seats to Africa, 13 seats to Asia and the Pacific, 8 seats to Latin America and the Caribbean, 6 seats to Eastern Europe, and 7 seats to Western Europe and other countries.
The Council has a bureau consisting of a president and four vice-presidents representing each regional group. They serve for a one-year term, according to the Council’s annual session.
Powers
It can issue resolutions and recommendations. Although these are not legally binding, they carry significant political and moral weight.
Member States of the Human Rights Council (2025–2027):
The Council consists of 47 member states, elected by the United Nations General Assembly with due regard to equitable geographical distribution. In the elections held in October 2024, 18 new states were elected to the Council for the period from January 1, 2025, to December 31, 2027
African Nations: Benin, Democratic Republic of the Congo, Ethiopia, Gambia, Kenya.
Asia-Pacific States: Cyprus, Marshall Islands, Qatar, Republic of Korea (South Korea), Thailand Eastern European States: Czech Republic, North Macedonia
Latin American and Caribbean States: Bolivia, Colombia, Mexico
Western European and Other States: Iceland, Spain, Switzerland
Other states continue their membership until the end of their specified terms. For example, Kuwait continues its membership until 2026, after being elected in October 2023.
Although their reports and recommendations are not legally binding, they carry significant moral and political weight and are often used as a basis for international action or diplomatic pressure.
Special Rapporteurs and their areas of expertise:
- The Special Rapporteur on Freedom of Opinion and Expression investigates restrictions on freedom of the media, arrests for expression, and publication bans.
- The Special Rapporteur on Torture and Other Cruel, Inhuman, or Ill-Treatment or Punishment receives reports of torture in detention centers or during interrogation.
- The Special Rapporteur on Violence against Women focuses on forms of domestic violence, sexual violence, and forced marriage. Reports on States’ policies and compliance with women’s rights conventions.
- The Special Rapporteur on the situation of human rights in the Occupied Palestinian Territory Monitors and reports on Israeli and Palestinian human rights violations in that territory.
- The Special Rapporteur on the Right to Adequate Housing investigates issues of forced evictions, displacement, and precarious housing worldwide.
Since its establishment in 2006, the United Nations Human Rights Council has achieved a number of significant accomplishments in monitoring and protecting human rights around the world. The most notable of these accomplishments is the establishment of the Universal Periodic Review (UPR) mechanism, based on an internationally recognized system that includes the following:
- The human rights record of each member state is reviewed every four to five years.
- It allows states to hold each other accountable in a public and organized manner.
- It includes all states without exception, a practice that was not previously implemented.
The Council established independent fact-finding missions to investigate serious violations, most notably:
- Syria (since 2011): documented widespread violations by all parties to the conflict.
- Myanmar (since 2011): Reports of ethnic cleansing against the Rohingya.
- Palestine: Repeated reports of excessive use of force and violations against civilians.
- Ethiopia (Tigray in 2020): Investigations into alleged war crimes.
The Human Rights Council has appointed special rapporteurs and international experts to investigate alleged or ongoing violations in some countries, most notably issues such as freedom of expression, torture, the right to housing, women’s rights, and racial discrimination. These experts submit periodic reports, visit countries, and address governments regarding violations.
The Council has taken rare but influential measures, such as:
1. Suspension of membership, including:
- Libya’s membership was suspended in 2011 due to the suppression of the revolution.
- Russia’s membership was suspended in 2022 after the invasion of Ukraine.
- This step reinforces the Council’s seriousness in holding countries accountable.
2. Supporting complaints mechanisms for individuals and organizations:
The Council has opened the door for individuals to submit confidential complaints regarding serious violations via an independent mechanism.
It enhances the role of civil society in international oversight.
3 – Enhancing international cooperation:
The Council provides a platform for dialogue between states and non-governmental organizations on critical issues such as:
- Climate change and human rights
- Discrimination against minorities
- Post-conflict transitional justice
Reports issued by the Human Rights Council and its committees: The United Nations Independent International Commission of Inquiry has issued several reports on human rights violations in Gaza, Yemen, and other countries.
Israel was accused of committing war crimes and crimes against humanity, including:
- Wilful killing.
- Torture and inhuman treatment.
- Sexual and gender-based violence.
- Targeting health facilities and medical personnel.
- Systematic destruction of the health care system.
- Forcible transfer of populations.
- Reports indicated that these acts may amount to the crime of genocide.
Where as the Palestinian armed groups were accused of committing war crimes, such as:
- Firing indiscriminate rockets at civilian areas in Israel.
- Taking hostages, which constitutes a war crime.
- The Commission called for the immediate release of all hostages and an end to attacks on civilians.
The United Nations established the Group of Experts on Yemen, which issued previous reports documenting violations by all parties to the conflict, including:
- Indiscriminate killing of civilians.
- Torture and ill-treatment.
- Restrictions on humanitarian aid.
- The group’s mandate was terminated in 2021 following a vote at the Human Rights Council.
The fate of the reports of the Human Rights Council’s international commissions of inquiry is often influenced by international politics. Although they document serious violations of international law in their prepared reports, some are still influenced by geopolitical events in the region. The procedures for these reports can usually be summarized as follows:
1. Submitting the report to the Human Rights Council
The reports are formally presented during Council sessions. This is followed by an interactive discussion among member states, concerned states, and civil society.
- The Council can:
- Adopt the report.
- Condemn the violations.
- Recommend further action or investigations.
- Refer the case to other bodies.
Even though the Council does not have the power to prosecute anyone, it can recommend referring the case to:
- The UN Security Council.
- The International Criminal Court (ICC)
- The International Court of Justice (ICJ).
- This requires a sensitive political vote and is often vetoed by major powers.
3. Political influence and international pressure.
These reports are used:
- As tools for diplomatic pressure.
- As a reference in calls for boycotts or sanctions.
- In national courts under the principle of “universal jurisdiction” (as has occurred in some cases against Syrian officials).
The fate of specific reports can be reviewed.
Gaza (2023–2024)
The latest report held Israel responsible for acts that may amount to genocide. The report was used in a case brought by South Africa against Israel before the International Court of Justice.
Some states called for action, but the Security Council did not take actual action due to division among the permanent members.
Yemen:
The UN Panel of Experts documented potential war crimes, but
Its mandate was terminated in 2021 under pressure from some states.
Its reports did not lead to direct international accountability.
It is clear that the reports of commissions of inquiry play an important role in documenting and providing moral and political accountability, but they rarely translate into direct legal accountability due to:
The complexities of the international system.
The interests of some states, particularly major powers.
The absence of binding enforcement mechanisms within the Human Rights Council.
Perhaps the most prominent international trials or judicial cases in which reports of UN commissions of inquiry or human rights expert teams were used as primary evidence to prove war crimes or crimes against humanity related to the region are:
1 – The 2024 Genocide Case against Israel – International Court of Justice which included the deliberate killing of civilians, The destruction of civilian infrastructure and the forced transfer of populations.
The Court issued provisional measures requiring Israel to prevent and investigate acts of genocide.
2 – The Syrian War: Trials have been filed in Europe under universal jurisdiction. Several European courts (Germany, Sweden, France) have tried former officials of the Syrian regime.
3 – The Yemen War: The UN Panel of Experts on Yemen documented:
Indiscriminate bombing. The blockade imposed on civilians. The recruitment of children. Some European human rights organizations attempted to bring cases against officials from the Arab coalition under the principle of universal jurisdiction, but political pressure prevented some cases from being accepted. The reports are still being used in legal and media campaigns.
4 – Myanmar – The Genocide Case Against the Rohingya. Reports of the Fact-Finding Mission on Myanmar (2018) documented genocidal intent against the Rohingya minority. The Court agreed to hear the case and issued provisional measures to protect the Rohingyas.
The importance of these reports cannot be downplayed as the reports issued by the Human Rights Council are not merely symbolic. They can serve as key legal tools in building criminal cases and international lawsuits, and politically independent states are required to bring them before international or national courts.
Examples of how UN commissions of inquiry reports have been used as primary evidence in international trials include:
Anwar Raslan Trial in Germany (2022)
In January 2022, the Regional Supreme Court in Koblenz, Germany, sentenced former Syrian Colonel Anwar Raslan to life imprisonment after convicting him of crimes against humanity
The United Nations High Commissioner for Human Rights, Michelle Bachelet, described the verdict as a “historic step towards justice,” noting that the trial highlighted the torture and inhumane treatment suffered by countless Syrians in detention facilities. These reports have been used as evidence in legal attempts in some European countries to hold those responsible for these violations accountable, although political pressure has prevented some cases from progressing.
Kuwait and its Membership in the Human Rights Council:
Kuwait has been a member of the United Nations Human Rights Council twice so far, as follows:
1.First Term: 2011–2014
Kuwait was first elected to the Council in 2010, and its three-year term began in 2011.
2. Second Term (Current): 2024–2026
Kuwait won a seat in the October 2023 elections. Its membership began in January 2024 and will continue until the end of 2026.
During its membership in the Human Rights Council, Kuwait played an effective and balanced role in supporting human rights issues, with a focus on Arab, Islamic, and humanitarian issues. Among its most notable contributions and positions during its two terms are the following:
- Strongly supported investigations into Israeli violations against Palestinians, especially during the aggression on Gaza.
- Demanded the international community protect Palestinian civilians and halt settlement activity.
It emphasized the need to respect international humanitarian law and stop violence against civilians. - It adopted moderate positions calling for comprehensive political solutions to crises.
- It highlighted Kuwait’s role as a global humanitarian center, particularly in providing support to displaced persons and refugees.
- It supported some recommendations and expressed reservations on some provisions that conflict with sovereign or religious values.
- It participated in sessions discussing freedom of religion and expression, emphasizing the need not to link terrorism to religions.
- It supported resolutions promoting women’s empowerment and combating violence against children, within a framework of respect for cultural specificities.
- Kuwait adopts a non-confrontational approach in the Council, seeking to bring viewpoints closer together rather than confronting them.
- It expressed its support for developing the Council’s mechanisms to make them more just, effective, and non-politicized.
Tareq Yousef AlShumaimry, served as Chairman of the Finance Committee and Chairman of the General Budget Committee of the Permanent Court of Arbitration in The Hague (PCA) and an observer in the Administrative Council of the Court and the Consular at International Court of Justice (ICJ) and the Embassy of the State of Kuwait in the Netherlands during this period from 2013 to 2020. Email: tareq@alshumaimry.com
