Human Rights Violations and the Limitations of International Law: A Critical Examination of Enforcement Gaps, Sovereignty Conflicts, and the Path Forward

Authors

  • Mr. Paban Borah Assistant Professor, Kalabari College, Kalabari, Biswanath, Assam

Keywords:

human rights, international law, state sovereignty, enforcement gap, International Criminal Court, United Nations, Responsibility to Protect, impunity

Abstract

International law has long been heralded as the primary framework through which the global community seeks to protect human rights, maintain peace, and promote justice. Yet persistent and widespread human rights violations across the globe reveal a profound gap between the aspirational norms codified in international instruments and the practical realities of enforcement. This paper undertakes a critical analysis of the structural, political, and legal limitations that impede the effective application of international human rights law. Drawing on case studies from Myanmar, Syria, China, and Sudan, as well as a theoretical engagement with state sovereignty, selective enforcement, and institutional inadequacy, this paper argues that the existing international legal order is fundamentally constrained by the primacy of state sovereignty, the political interests of powerful states, and the absence of a robust enforcement mechanism. The paper further examines the role of the International Criminal Court, the United Nations Human Rights Council, and regional human rights bodies, evaluating both their contributions and shortcomings. Finally, this paper proposes a series of reforms — including universal jurisdiction expansion, civil society empowerment, and the reinterpretation of sovereignty as responsibility — as pathways toward a more effective and equitable international human rights regime.

Downloads

Published

2025-12-25

How to Cite

Borah, M. P. (2025). Human Rights Violations and the Limitations of International Law: A Critical Examination of Enforcement Gaps, Sovereignty Conflicts, and the Path Forward. International Journal of Leadership and Innovative Management, 2(7), 15–22. Retrieved from https://eminentpublishing.us/index.php/IJLIM/article/view/258