International Human Rights and Humanitarian Law

Introduction

While there exist distinct points of difference, principles of international human rights laws and international humanitarian law overlap on multiple occasions. It is both interesting and informative to understand the differences and similarities in these principles between the two. Differences include underlying intention behind formulation, range of application and effect on different parties while similari underlying enactment ties include general principles The researcher attempts to analyse these aspects by first delving into the points of distinction and then move on to the coinciding issues in both. Finally, a conclusion encompassing the law as it stands today with respect to both these areas of law would be reached.

Differences between IHL and IHRL

The main difference between international human rights law and international humanitarian law is the subjects that each of them cover. It is essential to note that despite common principles like protection of human life and dignity of individuals, IHL applies mainly outside the sphere of humanitarian law. However, rules of IHL deal with many issues which are outside the ambit of IHRL, such as the conduct of hostility, combatant and prisoner of war status, etc. There also exist certain areas governing non wartime issues like rights governing election or striking which are dealt with International Humanitarian law.

The main purpose of IHL is to secure the rights of individuals affected in international or domestic armed conflicts. This branch of international law is established by way of either convention of custom and basically provides a gist of rights and duties governing states during wartime. The most important treaties governing international humanitarian law...

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..., Harvard Program for Policy and Conflict Research, available at http://www.hpcrresearch.org/blog/dustin-lewis/2012-04-17/understanding-core-differences-between-human-rights-and-international-h

International Covenant on Civil and Political Rights, Art. 4.

Noam Lubell, Challenges in Applying Human Rights Law to Armed Conflict, 860 Int’l. Rev. Red Cross 81 (2005).

Yuval Shany & Orna Ben-Naftali, Living in Denial: The Application of Human Rights in the Occupied Territories, 37 Isr. L. Rev. 17 (2003-04).

Vienna Convention on the Law of Treaties, Art. 31 (3) (c).

Campbell McLachlan, The Principle of Systematic Integration and Article 31(3)(c) of the Vienna Convention, 54 ICLQ 279 (2005).

SHAW FOOTOTE

Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ Reports 2004, ¶¶ 101-106.

SHAW FOOTNOTE

Id.