Thoughts on the relationship between International Humanitarian Law and Refugee Law, their promotion and dissemination

1988 ◽  
Vol 28 (265) ◽  
pp. 367-378
Author(s):  
Jovića Patrnogic
Keyword(s):  
Human Rights ◽  
International Law ◽  
20Th Century ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Refugee Law ◽  
The Relationship

From the beginning of the 20th century up to the present, international law has been marked by a profound evolution: it has been progressively humanized. Those responsible for drafting international law have clearly understood that it could no longer disregard the fate of human beings and leave to States and their internal laws the protection of fundamental human rights, both in peacetime and during armed conflicts.

Human Rights and Protocol II

1983 ◽  
Vol 23 (236) ◽  
pp. 246-254 ◽  
Author(s):  
Sylvie Junod
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
The United Nations

Human rights, particularly civil and political, have influenced the latest developments in international humanitarian law, especially 1977 Protocol II relating to non-international armed conflicts. At the Teheran Conference in 1968 the United Nations began to reconcile these two branches of international law; it was at this Conference that international humanitarian law was first called “human rights in periods of armed conflict”. This rapprochement was helped further by the adoption in the 1977 Protocols of some basic rules identical to those in the Human Rights Conventions; it helps strengthen the protection of human beings in situations of armed conflict.

17 International Humanitarian Law and International Human Rights Law

2020 ◽  
Author(s):  
Sassòli Marco
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Relationship

This chapter assesses the relationship between international human rights law (IHRL) and international humanitarian law (IHL). While IHRL, unlike IHL, was not founded specifically to protect people affected by armed conflicts, both branches of international law apply simultaneously during such conflicts. This raises the question of how they interrelate and also how possible contradictions between them can be resolved. Today, genuine armed conflicts are mainly not of an international character. In such situations, the relationship between IHL and IHRL is particularly controversial and difficult to determine. Nevertheless, both IHL and IHRL lead, in most cases, to the same results. In the few instances where results differ, states could do a lot to harmonize their obligations under both branches, by resorting to derogations permitted under IHRL, one of the means offered by international law to harmonize their IHRL obligations with their IHL obligations. Beyond this, legal reasoning allows for differentiated solutions on when and on which issues one or the other branch prevails.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

scholarly journals Humanity and Human Rights: The Contours of International Law

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Eyassu Gayim
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law Of Nations ◽  
International Human

Laws regulate conducts by responding to social and political requirements. This holds true for the law of nations as well. Contemporary international law follows two separate tracks when it comes to regulating human rights and humanitarian questions. If international human rights law and international humanitarian law are intended to protect the dignity and worth of human beings, as it is often said, why follow separate tracks? Does humanity really exist? If it does, how does it relate to human rights? If the two are distinct, where do they converge? This article highlights these questions by revisiting the contours of international law.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

14. The law of armed conflict

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

Fundamental Standards of Humanity: What Future?

2002 ◽  
Vol 20 (2) ◽  
pp. 185-199 ◽  
Author(s):  
Jean-Daniel Vigny ◽  
Cecilia Thompson
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Effective Implementation ◽  
Refugee Law ◽  
International Human ◽  
International Instruments

This article focusses on the issue of fundamental standards of humanity, a set of principles to reflect both international human rights and humanitarian law, as a means to address the insufficient protection of persons in situations of internal violence. Such fundamental standards of humanity, applicable at all times, in all circumstances and to all parties, are necessary to address four areas: 1) States are not party to international instruments; 2) human rights obligations are derogated from; 3) international humanitarian law is not applicable or is so but is not applied; and 4) non-State actors may not be bound by obligations under international law. The article provides an overview of the steps taken by the international community to address the issue, discusses the sources of international human rights law, humanitarian law and refugee law from which fundamental standards of humanity could be drawn, and suggests further steps to be taken. The authors are convinced that fundamental standards of humanity would serve as an educational tool to enhance effective implementation of relevant international law.

scholarly journals Humanitarian Principles: Laws Protecting Women and Children in Pakistan: A Critical Appraisal

2021 ◽  
Vol 4 (1) ◽  
pp. 169-178
Author(s):  
Saqib Jawad ◽  
Barkat Ali ◽  
Muhammad Hassan
Keyword(s):  
International Law ◽  
Critical Appraisal ◽  
State Level ◽  
Armed Conflicts ◽  
Vulnerable Groups ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Women And Children

The principles which deal humanity are the core values of International Humanitarian Law (IHL) and Human Rights Law (HRL). Both of these codified laws expressly provide utmost protection for rights of women and children suffering war hostilities, armed conflicts and other natural disasters. These vulnerable groups are protected in the behest of International Law as well as Municipal laws. Indeed, it is admitted fact that during such crisis they become most vulnerable subject of the society. In this context, the statutory laws in Pakistan have also been promulgated in consonance with the IHL, HRL and Refugee Law. The main corpus of these rules has been embodied either directly or indirectly in the Constitution of Pakistan, 1973, and as such, International Law have been ratified and thus is provisions are binding on Pakistan. However, it is observed that their applicability is not proper at state level, and as such they could not have provide effective remedies to the children and women in Pakistan. The aim of this research is to analyse critically, the applicability of Municipal Laws concerning with the protection of the rights of women and children in Pakistan, and for this objective, doctrinal research method has been adopted.

scholarly journals The legal protection of persons living under the control of non-State armed groups

2021 ◽  
pp. 1-30
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
International Law ◽  
Social Services ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Rebel Governance

Abstract In recent non-international armed conflicts in countries such as the Central African Republic, Iraq, Libya, Nigeria, South Sudan, Syria, Ukraine and Yemen, various non-State armed groups (NSAGs) have exercised control over territory and people living therein. In many cases, and for a variety of reasons, NSAGs perform some form of governance in these territories, which can include the maintenance of order or the provision of justice, health care, or social services. The significance of such measures became particularly apparent when in 2020 not only governments but also armed groups took steps to halt the spread of the COVID-19 pandemic. This article examines key legal issues that arise in these contexts. First, it analyzes the extent to which international humanitarian law protects the life and dignity of persons living under the control of NSAGs, rebutting doubts as to whether this field of international law has a role in regulating what is sometimes called “rebel governance”. Second, it provides a brief overview of aspects of the lives of people in armed group-controlled territory that are addressed by international humanitarian law and aspects that instead fall into the realm of human rights law. Third, the article discusses whether and to what extent human rights law can be said to bind NSAGs as a matter of law and flags issues that need further attention in current and future debates.

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