File Name: difference between international human rights law and international humanitarian law .zip
Working paper on the relationship between human rights law.
The main treaties of human rights law are given below:. See Question 6. See box. See Question 7. See Question 8. By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features.
Although these cases have been celebrated for reducing the horrors of war, this paper shows otherwise. Part 2 presents these recent rulings. Part 3 analyzes them in order to call attention to an unacknowledged problem with reliance on IHRL as a way of regulating wartime scenarios: doing so often results in lower civilian protection than when International Humanitarian Law IHL is relied upon. In light of this alternative, the dispute over the wartime relations between IHL and IHRL is revealed to be less an expression of disagreements regarding the nature of human rights and more a symptom of the failure of domestic courts to uphold the rule of law in times of war. On April 23, , British forces in Iraq, suspecting Tarek Hassan of being a combatant, arrested him at his home, in the Basra region, and detained him in a joint British-American camp.
What is IHL? When does it apply? Is IHL different from human rights law? Who has responsibilities under IHL? International humanitarian law IHL outlines the limitations, restrictions and prohibitions of parties engaged in armed conflict, both international and non-international.
How to publish with Brill. Fonts, Scripts and Unicode. Brill MyBook. Ordering from Brill. Author Newsletter.
This essay aligns its argument with the strand in international legal thought that argues that humanitarian and human rights law build on two very distinct perspectives of protection of civilians during armed conflicts; and therefore, present two independent legal regimes, which were not necessarily designed to closely coexist Droege However, the realities of armed conflicts require their interdependency for the sake of their common aim — protection of innocent victims of armed conflicts. As the essay suggests, this interplay is not necessarily smooth or easy. There exist lacunae in application of both and further improvement in application of existing regimes is necessary to ensure protection of civilians.
While very different in formulation, the essence of some of the rules is similar, if not identical. Rules of IHL deal with many issues that are outside the purview of IHRL, such as the conduct of hostilities, combatant and prisoner of war status and the protection of the Red Cross and Red Crescent emblems. Similarly, IHRL deals with aspects of life in peacetime that are not regulated by IHL, such as freedom of the press, the right to assembly, to vote and to strike. Similarities and Differences. International humanitarian law: Is a set of international rules, established by treaty or custom, which are specifically intended to solve humanitarian problems directly arising from international or non-international armed conflicts. Is applicable in times of armed conflict, whether international or non-international.