Part III Observance and Application of Treaties, 17 Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties

Humanitarian Law ◽

Customary International Law ◽

Independent States ◽

State Succession ◽

International Human ◽

Newly Independent States

This chapter explores how the proliferation of newly independent states and state dissolution has resulted in greater complexity on the issue of state succession of treaty obligations. In particular, between the theories of tabula rasa succession and automatic state succession. The Human Rights Committee, the Convention on Succession of States in respect of Treaties, and the development of customary international law all bolster the imposition of automatic state succession with respect to international human rights and humanitarian law treaties. Automatic state succession is required by the special nature of human rights and humanitarian law. Thus, once a population is granted the protection of such rights, these rights devolve with the territory and a state cannot deny them. Furthermore, other international institutions have enforced these obligations resulting in the continuity of international human rights and humanitarian law treaties.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

E-Theologos Theological revue of Greek Catholic Theological Faculty ◽

10.2478/v10154-010-0011-9 ◽

2010 ◽

Vol 1 (2) ◽

pp. 117-135

Author(s):

Bożena Drzewicka

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

The West ◽

Human Rights Protection ◽

Rights Protection ◽

The World ◽

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Humanity and Human Rights: The Contours of International Law

Nordicum-Mediterraneum ◽

10.33112/nm.12.2.4 ◽

2017 ◽

Vol 12 (2) ◽

Author(s):

Eyassu Gayim

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

Human Beings ◽

Human Rights Law ◽

Law Of Nations ◽

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.

International Human Rights Law and International Humanitarian Law : An Integrated International Law Response to the Prevention of Child Soldiering

International Law and Child Soldiers ◽

10.5040/9781474201070.ch-004 ◽

2014 ◽

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human ◽

Child Soldiering

The Banality of Humanity (as an Absolute)

The Limits of Human Rights ◽

10.1093/oso/9780198824756.003.0020 ◽

2019 ◽

pp. 297-304

Author(s):

Knut Traisbach

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

Human Rights Law ◽

Laws Of War ◽

This chapter is a comment on a reflection by Frédéric Mégret on the limits of the laws of war. It proposes a jurisprudence of limits that focuses less on absolute ideals but on the compromising and enabling space ‘in-between’ these absolutes. Relying on Hannah Arendt’s views on different conceptions of humanity, the comment critically engages with a thinking in terms of inherent opposing interests and oscillations between them. A conception of limits as reproducing inherent absolutes is disabling and passive. Instead, limits can be understood as facilitating a space that enables us to judge and to act, also through compromise. International humanitarian law and international human rights law, perhaps more than other areas of international law, depend on preserving and actively seeking this politically relevant space.

Fundamental Standards of Humanity: What Future?

Netherlands Quarterly of Human Rights ◽

10.1177/016934410202000203 ◽

2002 ◽

Vol 20 (2) ◽

pp. 185-199 ◽

Cited By ~ 2

Author(s):

Jean-Daniel Vigny ◽

Cecilia Thompson

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

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.

International Humanitarian Law and International Human Rights Law: Towards a New Merger in International Law. Edited By Roberta Arnold and Noëlle Quéniver Leiden, Boston: Martinus Nijhoff Publishers, 2008. Pp vii, 596. Index. $237, £168.

The American Journal of International Law ◽

10.5305/amerjintelaw.104.1.0168 ◽

2010 ◽

Vol 104 (1) ◽

pp. 168-172

Author(s):

Siobhán McInerney-Lankford

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

Human Rights Law ◽

The Enforceability Deficit Concerning Victims’ Remedies

International Criminal Law Review ◽

10.1163/15718123-01806001 ◽

2019 ◽

Vol 19 (2) ◽

pp. 299-320

Author(s):

Kenneth S. Gallant

Keyword(s):

Human Rights ◽

United Nations ◽

International Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human ◽

Large Deficit

Traditionally, states would not grant enforcement of criminal judgments from other states. As a result, there has been a large deficit in enforcement of monetary and other remedies for victims of criminal violations of international humanitarian law and international human rights law. In recent decades, there has been some progress in national law and treaty law towards allowing or requiring transnational enforcement of victims’ remedies contained in foreign criminal judgments. This article examines the traditional law, modern progress concerning criminal remedies, and recent United Nations work in the area. Even with modern trends in the international law of criminal enforcement jurisdiction, it may turn out that civil judgments of restitution and reparation will be easier to obtain and enforce than criminal judgments in many, if not most, cases.

Features of the status and protection of the rights of persons living on the occupied territories

Yearly journal of scientific articles “Pravova derzhava” ◽

10.33663/0869-2491-2021-32-433-446 ◽

2021 ◽

pp. 433-446

Author(s):

Oleksiy Kresin ◽

Iryna Kresina

Keyword(s):

Human Rights ◽

International Law ◽

Private Property ◽

The State ◽

Humanitarian Law ◽

Human Rights Law ◽

Based on the concluded study, the authors demonstrate that international law recognizes the unconditional responsibility of the power occupying or exercising effective (overall, general, de facto) control over the territory for the human rights of its population, and in particular the civilian population as protected persons. Such liability exists independently of the personal liability of the representatives (agents) of that State. In this case, the state, which exercises control over the territory, is automatically responsible for any actions of organizations under its control. At the same time, it is quite difficult to determine the share of responsibility of a sovereign state for the implementation of human rights on a territory over which that state does not exercise control. The legislation of Ukraine imposes responsibility for the protection and violations of human rights in the ORDLO on Russia under both international humanitarian law and international human rights law. International humanitarian law imposes on the occupying state the obligation to ensure all the minimum humanitarian needs of the population, its basic rights related to the preservation of life, health and dignity (with special emphasis on the rights of women and children), private property, effective protection of these rights and protection from any unlawful violence, preservation of the infrastructure of the territory. The occupying State cannot be absolved of responsibility for serious human rights violations, including war crimes and crimes against humanity. Decisions of international courts unequivocally extend these obligations, as well as obligations under international human rights law, to all forms of illegal control of the territory of another state. At the same time, the Constitution and legislation of Ukraine do not provide for the refusal of the state to ensure and protect human rights on its territory, even in conditions of state of emergency or war. Ukraine ensures the realization of the rights of the ORDLO population on the territory of other regions of Ukraine. Ukraine also protect and restore human rights in the territory of the ORDLO with the means provided by international law.

17 International Humanitarian Law and International Human Rights Law

The Oxford Guide to International Humanitarian Law ◽

10.1093/law/9780198855309.003.0017 ◽

2020 ◽

Author(s):

Sassòli Marco

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflicts ◽

Humanitarian Law ◽

Human Rights Law ◽

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.

“Safe areas”: The international legal framework

International Review of the Red Cross ◽

10.1017/s1816383118000474 ◽

2017 ◽

Vol 99 (906) ◽

pp. 1075-1101 ◽

Cited By ~ 1

Author(s):

Emanuela-Chiara Gillard

Keyword(s):

Human Rights ◽

International Law ◽

Security Council ◽

Legal Framework ◽

Humanitarian Law ◽

Repeated Calls ◽

International Human ◽

Rights Issues

AbstractIn recent years there have been repeated calls for the establishment of so-called “safe areas” to protect civilians from the effects of hostilities in a number of contexts. The present article presents the international law framework relevant to the establishment and operation of such areas: the provisions of international humanitarian law on protected zones; the rules regulating resort to armed force, Security Council authorization and mandates for the establishment of such areas by multinational forces in the absence of agreement between belligerents; and the refugee and international human rights issues raised by such zones. Using the example of the “protection of civilians sites” in South Sudan, the article then highlights some of the operational challenges raised by safe areas. It concludes with some reflections on how to enhance the likelihood that belligerents will establish such protected zones in the future.