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- International Humanitarian Law and Non-State Actors
- International Humanitarian Law and Human Rights Law
- What is the difference between IHL and human rights law?
International Humanitarian Law and Non-State Actors
The idea that international humanitarian law IHL and international human rights law IHRL are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty, and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. The chapters in this book accept the invitation, offering d The chapters in this book accept the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the 21st century.
International human rights law IHRL is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties , agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments , while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation. The relationship between international human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. A more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict between both state and military occupation i.
International Humanitarian Law and Human Rights Law
It is recognized today that human rights law is not generally displaced in times of armed con- It is common knowledge that international humanitarian law (IHL) and human rights , available at: sicm1.org
What is the difference between IHL and human rights law?
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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. The essay starts with discussion of basic tenets and instruments of the international humanitarian law, followed by a contrasting discussion with features of international human rights law.
The main treaties of human rights law are given below:.