Journal articles: 'International humanitarian and human rights law'

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Doswald-Beck, Louise, and Sylvain Vité. "International Humanitarian Law and Human Rights Law." International Review of the Red Cross 33, no. 293 (April 1993): 94–119. http://dx.doi.org/10.1017/s0020860400071539.

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International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

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Tomuschat, C. "Human Rights and International Humanitarian Law." European Journal of International Law 21, no. 1 (February 1, 2010): 15–23. http://dx.doi.org/10.1093/ejil/chq003.

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Lubis, Muhammad Ikhsan. "The Relationship of International Human Rights Law with International Humanitarian Law in Situations of International Armed Conflicts." Journal of Indonesian Legal Studies 1, no. 1 (August 15, 2017): 13–34. http://dx.doi.org/10.15294/jils.v1i01.16565.

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The existence between International Humanitarian Law and Human Rights Law has a different feel from each other, though equally universal. As an example of mistreatment of prisoners of war committed by US Occupation Forces in Iraq, surely all countries say it is an international crimes (war crimes). This paper would discuss concerning how the relationship the International Human Rights with International Humanitarian Law in Situations of International Armed Conflicts. The paper argued that the relationship between human rights and humanitarian law can be distinguished but not separated. The principles of the UDHR can apply to the International Humanitarian Law, but some of the principles of the UDHR and limited humanitarian law apply in times of peace and times of armed conflict alone. Argued that the gap between International Humanitarian Law by the Human Rights bridged together through the enactment of the principles of human rights and humanitarian law principles that cannot be postponed.

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Doswald-Beck, Louise. "The right to life in armed conflict: does international humanitarian law provide all the answers?" International Review of the Red Cross 88, no. 864 (December 2006): 881–904. http://dx.doi.org/10.1017/s1816383107000823.

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AbstractThis article describes the relevant interpretation of the right to life by human rights treaty bodies and analyses how this might influence the law relating to the use of force in armed conflicts and occupations where international humanitarian law is unclear. The concurrent applicability of international humanitarian law and human rights law to hostilities in armed conflict does not mean that the right to life must, in all situations, be interpreted in accordance with the provisions of international humanitarian law. The author submits that the human rights law relating to the right to life is suitable to supplement the rules of international humanitarian law relating to the use of force for non-international conflicts and occupation, as well as the law relating to civilians taking a “direct part in hostilities”. Finally, by making reference to the traditional prohibition of assassination, the author concludes that the application of human rights law in these situations would not undermine the spirit of international humanitarian law.

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Gardam, Judith. "Women, human rights and international humanitarian law." International Review of the Red Cross 38, no. 324 (September 1998): 421–32. http://dx.doi.org/10.1017/s0020860400091221.

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The development in the last 50 years of the principles that comprise human rights law has had a major impact on international humanitarian law and indeed on international law generally. In more recent years, the movement for recognition of the equal rights of women has been exerting its own influence on human rights law and to some effect. In 1979, for example, the international community adopted the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which 155 States are now party. Consideration is currently being given to the adoption of an Optional Protocol that will allow for individual and group complaints to be brought before the CEDAW Committee. Governmental and non-governmental organizations have increasingly focused on women's human rights. As a result, a wide range of studies, reports and recommendations on various aspects of the issue is available. The topic of women is thus firmly established on the international human rights agenda.

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Schabas, William A. "Lex Specialis?Belt and Suspenders? The Parallel Operation of Human Rights Law and the Law of Armed Conflict, and the Conundrum ofJus ad Bellum." Israel Law Review 40, no. 2 (2007): 592–613. http://dx.doi.org/10.1017/s0021223700013443.

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Two different theories attempt to reconcile problems of application of international human rights law in time of armed conflict, to the extent that there is a potential conflict with norms set out in international humanitarian law. One, posited by the International Court of Justice, presents international humanitarian law as the lex specialis, a kind of prism through which the concept of “arbitrary deprivation of life” (Article 6(1) International Covenant on Civil and Political Rights) is to be understood in time of armed conflict. In effect, international humanitarian law supplants international human rights law during armed conflict. The other theory, advanced by the Human Rights Committee, views the two bodies of law as additive in effect. Both regimes apply, and the individual benefits from the more favorable one (“belt and suspenders” approach). Both theories profess the fundamental compatibility of the two different legal systems, yet they are predicated upon a method for resolving conflicts between them. Both theories encounter serious problems in their application. The author submits that the difficulty with these attempts to reconcile human rights law and humanitarian law lies with the failure to grasp an underlying distinction: international humanitarian law is built upon neutrality or indifference as to the legality of the war itself. Human rights law, on the other hand, law views war itself as a violation. There is a human right to peace. Because of this fundamental incompatibility of perspective with regard to jus ad bellum, human rights law and international humanitarian law can only be reconciled, as both the International Court of Justice and the Human Rights Committee desire, if human rights law abandons the right to peace and develops an indifference to the jus ad bellum. It too must accept the idea of the acceptability of “collateral” killing of civilians in war, even if the war itself is illegal. The author argues that it is preferable not to attempt to find a neat and seamless relationship between international humanitarian law and international human rights law, in the interests of preserving the pacifist strain within international human rights law.

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Ashri, Muhammad. "Reconciliation of Humanitarian Law and Human Rights Law in Armed Conflict." Hasanuddin Law Review 5, no. 2 (August 23, 2019): 209. http://dx.doi.org/10.20956/halrev.v5i2.1348.

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A common insight on human rights law as an instrument that aimed to protect the human dignity and values are often regarded to be separate from international humanitarian law. In relation to the norms, the difference between the two concepts related to the current conflict arise many debates. This paper reviews the common thread of the two international legal instruments. The connection between the two can be elaborated by explaining the concept; similarities and dissimilarities; and linking the basis for the establishment of legal instruments between human rights law and international humanitarian law. The results of research indicated that between international humanitarian law and human rights law have relevant rules applied in conflict situations. International humanitarian law as an instrument of international law is specifically applied in situations of armed conflict, whereas human rights law as a general instrument can be applied both in peace or conflict conditions. In a condition of armed conflict, international humanitarian law as a lex specialist is not widely interpreted to set aside human rights law. Human rights law is applied if facts or incidents exist in armed conflict that is contrary to human values.

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Cassimatis, Anthony E. "International Humanitarian Law, International Human Rights Law, and Fragmentation of International Law." International and Comparative Law Quarterly 56, no. 3 (July 2007): 623–39. http://dx.doi.org/10.1093/iclq/lei185.

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International tribunals and legal scholars have been considering the relationship between International Humanitarian Law (‘IHL’) and International Human Rights Law (‘IHRL’) for a number of years.1 The International Court of Justice famously or infamously (depending on your perspective) considered their relationship in its Nuclear Weapons Advisory Opinion in 1996.2 The Court concluded that while IHRL did apply in times of armed conflict, when it came to the prohibition of arbitrarily taking human life in Article 6 of the International Covenant on Civil and Political Rights 1966, the content of that prohibition had to be found in the lex specialis of IHL.

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O'Meara, Chris. "SHOULD INTERNATIONAL LAW RECOGNIZE A RIGHT OF HUMANITARIAN INTERVENTION?" International and Comparative Law Quarterly 66, no. 2 (February 20, 2017): 441–66. http://dx.doi.org/10.1017/s0020589317000057.

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AbstractThe ongoing Syrian civil war calls for a re-evaluation of using force to protect human rights. This article does not rake over the much-debated issue of whether a right of humanitarian intervention exists as lex lata. Instead, it addresses the little reviewed normative issue of whether the right should exist in international law to support and reflect a pluralistic understanding of sovereignty. Despite advancements in international human rights law, international humanitarian law and international criminal law, this wider fabric of international law preserves Westphalian sovereignty and the principle of non-intervention. It denies any right of humanitarian intervention.

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Barber, Rebecca. "Facilitating humanitarian assistance in international humanitarian and human rights law." International Review of the Red Cross 91, no. 874 (June 2009): 371–97. http://dx.doi.org/10.1017/s1816383109990154.

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AbstractIn 2008, 260 humanitarian aid workers were killed or injured in violent attacks. Such attacks and other restrictions substantially limit the ability of humanitarian aid agencies to provide assistance to those in need, meaning that millions of people around the world are denied the basic food, water, shelter and sanitation necessary for survival. Using the humanitarian crises in Darfur and Somalia as examples, this paper considers the legal obligation of state and non-state actors to consent to and facilitate humanitarian assistance. It is shown that the Geneva Conventions and their Additional Protocols, as well as customary international law, require that states consent to and facilitate humanitarian assistance which is impartial in character and conducted without adverse distinction, where failure to do so may lead to starvation or otherwise threaten the survival of a civilian population. This paper considers whether this obligation has been further expanded by the development of customary international law in recent years, as well as by international human rights law, to the point that states now have an obligation to accept and to facilitate humanitarian assistance in both international and non-international armed conflicts, even where the denial of such assistance does not necessarily threaten the survival of a civilian population.

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Burgos, Hernán Salinas. "The taking of hostages and international humanitarian law." International Review of the Red Cross 29, no. 270 (June 1989): 196–216. http://dx.doi.org/10.1017/s002086040007306x.

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It is generally acknowledged by the international community that the taking of hostages is one of the most vile and reprehensible of acts. This crime violates fundamental individual rights—the right to life, to liberty and to security—that are protected by binding legal instruments such as the 1966 International Covenant on Civil and Political Rights on the worldwide level, and the 1969 American Convention on Human Rights and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms on the regional level. The United Nations General Assembly has stated that the taking of hostages is an act which places innocent human lives in danger and violates human dignity.

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Jutronić, Antonia. "Relationship between human rights law and international humanitarian law." Anali Pravnog fakulteta u Beogradu 66, no. 3 (2018): 348–67. http://dx.doi.org/10.5937/analipfb1803348j.

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Buergenthal, Thomas. "The Evolving International Human Rights System." American Journal of International Law 100, no. 4 (October 2006): 783–807. http://dx.doi.org/10.1017/s0002930000031894.

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Few, if any, branches of international law have undergone such dramatic growth and evolution as international human rights in the one hundred years since the founding of the American Society of International Law. This branch of international law did not really come into its own until after World War II. Before then, what today we would broadly characterize as human rights law consisted of diffuse or unrelated legal principles and institutional arrangements that were in one way or another designed to protect certain categories or groups of human beings. Included in this mix prior to World War I were state responsibility for injuries to aliens, international humanitarian law (as we know it today), the protection of minorities, and humanitarian intervention.

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Komang Widiana Purnawan, I.B Wyasa Putra, Putu Gede Arya Sumerta Yasa, and Desak Putu Dewi Kasih. "Violations of International Humanitarian Law: Political Views on Law and Human Rights." Journal of Social Sciences and Management Studies 1, no. 2 (April 16, 2022): 58–62. http://dx.doi.org/10.56556/jssms.v1i2.145.

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The purpose of this study is to analyze the form of settlement of violations of International Humanitarian Law, as well as to analyze the Legal Politics of Human Rights in view of gross international human rights violations. The normative legal method used in this research. The results of recitations or trials in international humanitarian law and international human rights are good and very important in ensuring justice for victims of human rights violations, but in the human rights judicial process it should not take a long time to make decisions on victims and their families.

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Balafouta, Virginia. "Strengthening “International law of transboundary rivers” international human rights law, international criminal law and international humanitarian law. The dynamics of the right to water." American Yearbook of International Law 1, no. 1 (January 15, 2023): 2–28. http://dx.doi.org/10.12681/ayil.33037.

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In the current paper, taking into account the transboundary rivers’ special importance and value, it is proposed that “International Law of Transboundary Rivers” should be established as an autonomous legal branch of International Law. Firstly, a legal framework for International Law of Transboundary Rivers is proposed, and then suggestions are made for its strengthening. It is argued that the governance of transboundary rivers is closely linked and promotes the maintenance of international peace and security, and all the other primary purposes of International Law. Moreover, the connection of International Law of Transboundary Rivers with International Human Rights Law, International Criminal Law and International Humanitarian Law is suggested. In addition, the proposed framework is linked to the Resolution A/RES/64/292 (2010) “The human right to water and sanitation”. The human right to water and sanitation, and its crucial importance are analyzed. In the context of the paper, the connection of the right to water and sanitation with several rights already enshrined: i) in the European Convention on Human Rights, ii) in the American Convention on Human Rights, and iii) in the African Charter of Human and Peoples’ Rights is attempted. This suggestion is made in order to be possible for individuals and for states to legally invoke and judicially assert this right. By the combined invocation of the right to water and sanitation with these rights, it could become possible to utilize the relevant regional human rights instruments and mechanisms, for the legal assertion of the right to water and sanitation, and for the fair and equitable use of transboundary rivers and their resources.

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Provost, René. "The International Committee of the Red Widget? The Diversity Debate and International Humanitarian Law." Israel Law Review 40, no. 2 (2007): 614–47. http://dx.doi.org/10.1017/s0021223700013455.

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This article asserts there has been a lack of attention to the impact of cultural diversity within the field of international humanitarian law. Discussions surrounding culture in international humanitarian law have nearly always avoided the central issue of cultural particularism. This has been so in relation to the debate surrounding the emblem, in general surveys of humanitarian law, and in discussions of the laws of war in distinct legal and cultural traditions. The emblems debate, in particular, signals the elusiveness of rigid universality within international humanitarian law. Five elements are suggested to explain the resistance of humanitarian law to contagion by the cultural relativism debate in human rights: the nature of human rights, the distinct normative frameworks of human rights and humanitarian law, the unified conventional basis of humanitarian law, the very broad participation in the humanitarian regime, and the unique role of the International Committee of the Red Cross. While these reasons might explain the fact that the relativism debate in human rights did not readily transfer to humanitarian law, they offer no substantive basis for immunity for humanitarian law to the challenges posed by cultural diversity. Ultimately, the article proposes a legal pluralist approach that recognizes the role of actors in the cultural process of norm-creation. Given the continued violation of the laws of war, the author suggests a need to open the door to cultural diversity in order to generate greater compliance. Without cultural legitimacy, there is a danger that humanitarian law aspires to self-defeating universalism.

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Weissbrodt, David, and Peggy L. Hicks. "Implementation of human rights and humanitarian law in situations of armed conflict." International Review of the Red Cross 33, no. 293 (April 1993): 120–38. http://dx.doi.org/10.1017/s0020860400071540.

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Governments are principally responsible for the implementation of international human rights and humanitarian law during periods of armed conflict. During non-international armed conflicts, governments and armed opposition groups each bear responsibility for their obedience to those norms.International organizations can encourage the participants in armed conflicts to respect human rights and humanitarian law. The International Committee of the Red Cross (ICRC) has long played a leading role in working for the application of humanitarian law during armed conflicts; it has also begun to refer to human rights law in situations of internal strife or tensions not covered by international humanitarian law. The United Nations General Assembly, the UN Commission on Human Rights, the International Court of Justice, and several other intergovernmental organizations have occasionally attempted to secure respect for human rights law during armed conflicts and have referred on an irregular basis to humanitarian law in such endeavors. The UN Security Council has almost exclusively used humanitarian law in its decisions.

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Droege, Cordula. "Elective affinities? Human rights and humanitarian law." International Review of the Red Cross 90, no. 871 (September 2008): 501–48. http://dx.doi.org/10.1017/s1560775508000084.

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AbstractComplementarity and mutual influence inform the interaction between international humanitarian law and international human rights law in most cases. In some cases when there is contradiction between the two bodies of law, the more specific norm takes precedence (lex specialis). The author analyses the question of in which situations either body of law is more specific. She also considers the procedural dimension of this interplay, in particular concerning the rules governing investigations into alleged violations, court access for alleged victims and reparations for wrongdoing.

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Blanchard, Rosemary Ann. "Mainstreaming Human Rights Education: What’s Radical About That?" Radical Teacher 104 (February 3, 2016): 4–12. http://dx.doi.org/10.5195/rt.2016.257.

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One of the most radical ways of teaching about universal human rights and international humanitarian law would be to teach about these fundamental internationally-recognized standards for humane interpersonal conduct to every child who enters school in the United States. American illiteracy about human rights and humanitarian law standards contributes to the climate in which the United States preaches human rights to it's perceived opponents while refusing to apply universally recognized hr and ihl principles to itself. From the failure to incorporate into the American educational structure the cultural and linguistic rights of Indigenous peoples and ethnic, linguistic and religious minorities to the refusal to submit to the same standards of international humanitarian law which apply to all combatants, U.S. political and military leaders have been able to rely on the unfamiliarity of most Americans with the fundamental principles of human rights and international humanitarian law to insulate them from effective public scrutiny and meaningful challenge. This article describes efforts to mainstream human rights education at all levels of public education so it becomes a part of the educational experience of every child and, thus, part of the background of every adult. The risks of having HRE co-opted are dwarfed by the risks of having HRE sidelined.

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Alqahtani, Mohammed Salem, Rohaida Nordin, and Faridah Jalil. "Non-Adherence to Human Rights and Humanitarian Laws in the Conduct of Armed Conflict in Yemen." Sriwijaya Law Review 6, no. 1 (January 31, 2022): 143. http://dx.doi.org/10.28946/slrev.vol6.iss1.1459.pp143-162.

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To protect the properties, lives, and dignity of human persons worldwide, the International Humanitarian Law seeks to uphold and promote Human Rights Law and other international frameworks regulating the rights of civilians and parties to armed conflict. The conduct of parties to the armed conflict who have grossly violated the combined provisions of International Human Rights Law and the International Humanitarian Law resulted in the persistence of armed conflict and warfare in Yemen, thereby crossing every access road to humanitarian rights and privileges. The researchers adopt the doctrinal methodology to investigate the status of warfare in Yemen, the provisions of the law on International Human Rights and Humanitarian Law, and the extent to which the parties to the armed conflict in Yemen break such laws. The International Humanitarian Law and the International Human Rights Law regulate the conduct of actors and parties in the armed conflict both in Yemen and the world at large. The finding of this studydemonstrates that all the participants in the conflict in Yemen violate the International Humanitarian Law. Therefore, they are accountable for such violations.The research recommends strict adherence and compliance to both the International Human Rights Law and the Humanitarian Law throughout the armed conflict in Yemen to have lasting peace. Furthermore, accountability for violations committed should be identified, and all actors in the armed conflict should be punished accordingly.

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Kretzmer, David, Rotem Giladi, and Yuval Shany. "International Humanitarian Law and International Human Rights Law: Exploring Parallel Application." Israel Law Review 40, no. 2 (2007): 306–9. http://dx.doi.org/10.1017/s0021223700013364.

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Gearty, Conor, and Danielc Turack. "R Provost International Human Rights and Humanitarian Law." South African Journal on Human Rights 19, no. 2 (January 2003): 339–47. http://dx.doi.org/10.1080/19962126.2003.11865185.

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Stroun, Jacques. "International criminal jurisdiction, international humanitarian law and humanitarian action." International Review of the Red Cross 37, no. 321 (December 1997): 623–34. http://dx.doi.org/10.1017/s002086040007772x.

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Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protocols of 1977.

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Supriyadi, Slamet. "International Refugees in The Protection of Human Rights: A Discourse of International Humanitarian Law and Human Rights Law." International Law Discourse in Southeast Asia 1, no. 1 (January 31, 2022): 43–64. http://dx.doi.org/10.15294/ildisea.v1i1.56872.

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Refugees are defined as people who are due to a reasonable fear of persecution, caused by reasons of race, religion, nationality, membership in certain social groups and political parties, are outside their nationality and do not want protection from the country. When refugees leave their home country or residence, they leave their lives, homes, possessions and family. The refugees cannot be protected by their home country because they are forced to leave their country. Therefore, protection and assistance to them is the responsibility of the international community. In countries receiving refugees, they often experience inhumane treatment such as rape, assault, discrimination, repatriated by force, those lead to the violation of human rights. There has been regulation for human rights in refugee issues both internationally and regionally, for instance Convention related to Status of Refugee 1951 and The Protocol related to the Status of Refugee 1967. There are at least five basic rights of refugees, they are the right to be protected from returning to the country of origin forcibly (non refoulement), the right to seek asylum, the right to obtain equality and non-discrimination, the right to live and to be secured, as well as the right to return home.

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Droege, Cordula. "The Interplay between International Humanitarian Law and International Human Rights Law in Situations of Armed Conflict." Israel Law Review 40, no. 2 (2007): 310–55. http://dx.doi.org/10.1017/s0021223700013376.

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International human rights law and international humanitarian law are traditionally two distinct branches of law, one dealing with the protection of persons from abusive power, the other with the conduct of parties to an armed conflict. Yet, developments in international and national jurisprudence and practice have led to the recognition that these two bodies of law not only share a common humanist ideal of dignity and integrity but overlap substantially in practice. The most frequent examples are situations of occupation or non-international armed conflicts where human rights law complements the protection provided by humanitarian law.This article provides an overview of the historical developments that led to the increasing overlap between human rights law and humanitarian law. It then seeks to analyse the ways in which the interplay between human rights law and humanitarian law can work in practice. It argues that two main concepts inform their interaction: The first is complementarity between their norms in the sense that in most cases, especially for the protection of persons in the power of a party to the conflict, they mutually reinforce each other. The second is the principle of lex specialis in the cases of conflict between the norms.

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Hampson, Françoise J. "The relationship between international humanitarian law and human rights law from the perspective of a human rights treaty body." International Review of the Red Cross 90, no. 871 (September 2008): 549–72. http://dx.doi.org/10.1017/s1560775508000114.

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AbstractThe debate about the simultaneous applicability of international humanitarian law and human rights law also affects human rights treaty bodies. The article first considers the difficulty for a human rights body in determining whether international humanitarian law is applicable; second, it examines the problems in practice in applying thelex specialisdoctrine and the question of derogation in this particular context. The author finally outlines the impact of the debate as to the extent of extraterritorial applicability of human rights law.: : : : : : :

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Marochkin, Sergei Yu, and Vladimir A. Popov. "International Humanitarian and Human Rights Law in Russian Courts." Journal of International Humanitarian Legal Studies 2, no. 2 (2011): 216–49. http://dx.doi.org/10.1163/187815212x624247.

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The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial cases. Since the adoption of the Constitution of the Russian Federation in 1993 international law has been granted a specific status and significance in the Russian legal system. According to the Constitution and legislation, Russian courts have had the opportunity to play a special role in the implementation of international humanitarian and human rights law. That being said, judicial practice relating to the implementation and the application of these norms is different from that of other international law norms. It is, however, explained, in particular, by the fact, that there are not many cases which either mention directly or use humanitarian law. Often, courts make abstract or general references to international treaties or make decisions only on the basis of the national law, though the considered cases fall directly under the regulation of international humanitarian or human rights law. In conclusion, at present the practice of Russian courts is rather diverse and needs further unification.

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Pylypenko, Volodymyr F., Pavlo B. Pylypyshyn, and Nataliia M. Radanovych. "Features of legal regulation of human rights in armed conflicts." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 43–51. http://dx.doi.org/10.37635/jnalsu.28(1).2021.43-51.

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The purpose of this study is to identify the problems of protecting human rights and freedoms during armed conflicts based on the analysis of existing international legal and national acts, including their features in Ukraine. As one of the main methods of analysis, comparative analysis is used, which compares the Ukrainian practice of implementing the human rights protection system with the legal framework for regulating the object of research in some countries and at the international level, and analyses international humanitarian law and international human rights law. It is noted that international humanitarian law plays a significant role in the observance and regulation of human rights during armed conflicts. The study describes the international acts of humanitarian law and its main differences from international human rights law. The study analyses the protection of human rights within the framework of international human rights law and within the framework of international humanitarian law, and provides a retrospective analysis of their development. According to the comparative analysis results, it is concluded that the vast majority of modern armed conflicts are not of an international nature; therefore, the specific features of protecting human rights in these conditions are determined. The study analyses the establishment of legal regulation and its changes from the very beginning of the armed conflict in Ukraine and the state of human rights protection

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Meurant, Jacques. "Humanitarian Law and Human Rights Law — Alike yet Distinct." International Review of the Red Cross 33, no. 293 (April 1993): 89–93. http://dx.doi.org/10.1017/s0020860400071527.

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International humanitarian law and human rights law share a common goal, namely to protect the individual and to ensure respect for human dignity. Yet these two branches of international public law each have their own characteristics and origins and have evolved in different ways.Nevertheless, the troubled aftermath of the Second World War, the unchecked rise of violence and poverty in recent decades and the resulting need for improved protection of the ever-growing number of victims of violations of fundamental human rights have all contributed not only to the evolution of the two branches of law but also to their convergence, like “two poor crutches on which disarmed victims can lean simultaneously”, to quote an expressive image by Karel Vasak. This expert went so far as to estimate in 1984 that “the convergence of the two branches has led to an overlapping both on paper and, increasingly, in practice as well”.

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Sinanovic, Ermin. "Humanitarian Intervention in International and Islamic Law." American Journal of Islamic Social Sciences 20, no. 1 (January 1, 2003): 88–106. http://dx.doi.org/10.35632/ajiss.v20i1.518.

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In this paper, I look into the moral foundation of humanitarian intervention in international law and its Islamic counterpart. My objective is to identify the traits shared by both sets of laws, and to see if the same or similar justification can be used across cultures to reach the same goal. In other words, one goal is to assess the claims that the basis upon which humanitarian intervention is justified has a universal appeal. Both international and Islamic law justify humanitarian intervention on moral grounds. International law bases its justification upon the human rights discourse. Islamic law provides enough bases for legitimizing humanitarian intervention, and Qur’anic verses, scholarly opinions, and Islamic principles provide a sound background for it. Paramount in this task is the concept of human dignity (karamah al-insan). We found no disagreement on this fundamental issue between the Universal Declaration of Human Rights (UDHR) and Islamic law. Human dignity, as understood in international human rights and its Islamic counterpart, thus could form the jus cogens of international law, a common human heritage upon which everybody can agree.

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Sinanovic, Ermin. "Humanitarian Intervention in International and Islamic Law." American Journal of Islam and Society 20, no. 1 (January 1, 2003): 88–106. http://dx.doi.org/10.35632/ajis.v20i1.518.

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In this paper, I look into the moral foundation of humanitarian intervention in international law and its Islamic counterpart. My objective is to identify the traits shared by both sets of laws, and to see if the same or similar justification can be used across cultures to reach the same goal. In other words, one goal is to assess the claims that the basis upon which humanitarian intervention is justified has a universal appeal. Both international and Islamic law justify humanitarian intervention on moral grounds. International law bases its justification upon the human rights discourse. Islamic law provides enough bases for legitimizing humanitarian intervention, and Qur’anic verses, scholarly opinions, and Islamic principles provide a sound background for it. Paramount in this task is the concept of human dignity (karamah al-insan). We found no disagreement on this fundamental issue between the Universal Declaration of Human Rights (UDHR) and Islamic law. Human dignity, as understood in international human rights and its Islamic counterpart, thus could form the jus cogens of international law, a common human heritage upon which everybody can agree.

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Niyitunga, Eric Blanco. "Armed drones and international humanitarian law." Digital Policy Studies 1, no. 2 (January 16, 2023): 18–39. http://dx.doi.org/10.36615/dps.v1i2.2278.

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The militarisation of Artificial Intelligence Diplomacy has resulted in the development of heavy weapons that are more powerful than traditional weaponry, fail to distinguish between civilians and combatants, and cause unnecessary suffering. Superpowers and middle powers have made significant investments in digital technologies, resulting in the production of digital weapons that violate international humanitarian law and human rights standards, and complicate the achievement of global peace. Armed drones and militarised robots cause unnecessary pain and suffering to helpless civilians. These weapons have been used to combat terrorism, but, surprisingly, have not addressed issues of terrorism that affect post-Cold War international relations. As a result, the use of armed drones is causing more harm than is necessary to achieve the objective of war. There is a call for international artificial intelligence (AI) governance, as well as a need to understand the effects and serious threats that armed drones pose to international humanitarian law (IHL), as well as to peace processes in international relations and global cooperation. Scholars, policy-makers, human rights activists and peace practitioners should participate more actively in debates about the military application of AI diplomacy, in order to develop effective AI diplomacy rules and regulations. This serves to mitigate the risks and threats associated with armed drones on IHL and international human rights standards, which are the foundations of the post-modern world.

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Eden, P., and M. Happold. "Symposium: The Relationship between International Humanitarian Law and International Human Rights Law." Journal of Conflict and Security Law 14, no. 3 (December 1, 2009): 441–47. http://dx.doi.org/10.1093/jcsl/krq003.

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Iguyovwe, Ruona. "The Inter‐play between International Humanitarian Law and International Human Rights Law." Commonwealth Law Bulletin 34, no. 4 (December 2008): 749–89. http://dx.doi.org/10.1080/03050710802521531.

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McCarthy, C. "Orna Ben-Naftali (ed.), International Humanitarian Law and International Human Rights Law." Human Rights Law Review 12, no. 4 (December 1, 2012): 820–25. http://dx.doi.org/10.1093/hrlr/ngs029.

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Pietropaolo, Maria Giovanna. "A Human Rights-Based Approach to Humanitarian Assistance." Journal of International Humanitarian Legal Studies 7, no. 2 (April 11, 2016): 257–93. http://dx.doi.org/10.1163/18781527-00702001.

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With a view to transcending purely philanthropic or political approaches to disaster relief overlooking the entitlement of victims of a catastrophe to be assisted, this article analyses humanitarian assistance from a human rights perspective. Humanitarian aid operations are presented as the result of the interaction between the human rights of people affected by disasters and the corresponding governmental obligations. A distinction is made between the current scenario of disaster relief in which the relevant rights are the ones to life, food, health and medical services, water, adequate housing and clothing, and a prospective regime in which a human right to receive humanitarian assistance is recognized by the international community. The juxtaposition of the two regimes highlights the differences in the levels of protection they afford. It also proves that, in both cases, the adoption of a human rights-based approach safeguards affected people by empowering them to challenge governmental decisions to refuse international aid and by placing under international scrutiny the measures taken by sovereign States to protect their populations in the aftermath of catastrophes.

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Casey-Maslen, Stuart. "The use of nuclear weapons and human rights." International Review of the Red Cross 97, no. 899 (September 2015): 663–80. http://dx.doi.org/10.1017/s1816383116000096.

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AbstractInternational human rights law is an as-yet underused branch of international law when assessing the legality of nuclear weapons and advocating for their elimination. It offers a far greater range of implementation mechanisms than does international humanitarian law (IHL), and arguably strengthens the protections afforded to civilians and combatants under IHL, particularly in non-international armed conflict. Of particular relevance are the rights to life, to humane treatment, to health and to a healthy environment, associated with the right to a remedy for violations of any human rights.

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Prokhorenko, Mykhailo M., Kateryna V. Manuilova, Iryna V. Tarasova, Viktor V. Nazarov, and Kateryna V. Denysenko. "Interaction of ihrl and ihl in the field human rights promotion." Informatologia 55, no. 1-2 (2022): 42–52. http://dx.doi.org/10.32914/i.55.1-2.4.

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The urgency of the research is conditioned by the actual status of the governmental and legal reality of Ukraine which is in conditions of the armed conflict seventh year in a row resulting in the need to ensure both state sovereignty and guarantee and protection of human rights. In this regard, the article is aimed at studying the interaction of international human rights law and international humanitarian law, as well as their implementation in the legislation of Ukraine in conditions of an armed conflict. Scientific methods of research of the declared problems are the system method by means of which the international human rights law and the international humanitarian law are considered as two systems of more difficult complex – the international law. Using the structural-functional method, the structure and mechanisms of functional interaction of these systems on the legal regulation in the field of human rights in specific conditions are studied. The article analyzes the legal basis of international human rights law and international humanitarian law, as well as their possible simultaneous application in the context of the armed conflict in eastern Ukraine. Emphasis is placed on the need to ensure compliance with the principles of international humanitarian law and to bring to justice those guilty of violating the rules of the IHRL and IHL. The research results can be used in the educational process and further research.

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Saliienko, O. "THE RELATIONSHIP BETWEEN HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW." International Law Almanac, no. 23 (2020): 178–85. http://dx.doi.org/10.32841/ila.2020.23.21.

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Brett, Rachel. "Non-govemmental human rights organizations and international humanitarian law." International Review of the Red Cross 38, no. 324 (September 1998): 531–36. http://dx.doi.org/10.1017/s0020860400091312.

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At the heart of human rights work is the attempt to protect individuals from the abuse of power or neglect on the part of their own governments. At the international level, this translates into State responsibility for the way in which the government treats its own people, supplementing the older international law regarding the treatment of aliens and the law of war which also (originally) addressed only the treatment of non-nationals.

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Hill-Cawthorne, Lawrence. "HUMANITARIAN LAW, HUMAN RIGHTS LAW AND THE BIFURCATION OF ARMED CONFLICT." International and Comparative Law Quarterly 64, no. 2 (April 2015): 293–325. http://dx.doi.org/10.1017/s002058931500010x.

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AbstractThis article offers a fresh examination of the distinction drawn in international humanitarian law (IHL) between international and non-international armed conflicts. In particular, it considers this issue from the under-explored perspective of the influence of international human rights law (IHRL). It is demonstrated how, over time, the effect of IHRL on this distinction in IHL has changed dramatically. Whereas traditionally IHRL encouraged the partial elimination of the distinction between types of armed conflict, more recently it has been invoked in debates in a manner that would preserve what remains of the distinction. By exploring this important issue, it is hoped that the present article will contribute to the ongoing debates regarding the future development of the law of non-international armed conflict.

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de Blois, Matthus. "Experiments on Human Beings and International Law." Leiden Journal of International Law 3, no. 1 (April 1990): 18–34. http://dx.doi.org/10.1017/s0922156500003757.

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Experiments on human beings are often beneficial for mankind in general and individuals in particular. They may, however, also present a threat to the right to the personal integrity. Existing provisions of the international law on human rights as well as of humanitarian law are instruments to protect this right against certain forms of experimentation. They leave, therefore, many questions open. Several non-binding texts give suggestions to answer them. They are also useful as materials for an international convention to protect human beings against unwarranted experimentation.

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Bates, Elizabeth Stubbins. "Hassan v. The United Kingdom (Eur. Ct. H.R.)." International Legal Materials 54, no. 1 (February 2015): 83–129. http://dx.doi.org/10.5305/intelegamate.54.1.0083.

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On September 16, 2014, the Grand Chamber of the European Court of Human Rights (the Court) gave its judgment in the case of Hassan v. United Kingdom.This is the Court’s first explicit engagement with the co-applicability of international humanitarian law and international human rights law in relation to detention in international armed conflicts. The judgment is significant for its rejection of the government’s argument that international humanitarian law operates as lex specialis to displace international human rights law entirely during the “active hostilities phase of an international armed conflict.” It is also noteworthy for the majority’s ruling that provisions on detention of prisoners of war and the internment of protected persons in the Third and Fourth Geneva Conventions of 1949 could be read into Article 5 (right to liberty and security) of the European Convention on Human Rights (the European Convention), creating a new ground for detention under Article 5(1) in international armed conflicts and modifying the procedural guarantees in Article 5(4).

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Swardhana, Gde Made. "Discover Crimes against Humanity as Gross Violations of Human Rights: International and Indonesia Perspectives." Substantive Justice International Journal of Law 4, no. 2 (December 10, 2021): 115. http://dx.doi.org/10.33096/substantivejustice.v4i2.133.

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The human rights law is not identical with international humanitarian law. This article attempts to explore both the relation and the difference between gross human rights violation and violation of international humanitarian law. While, for Indonesia context, crimes against humanity was arranged in the Human Rights Court Law, however, it is still raise discourses related with the limitation of crime against humanity that different with international law instruments, and it also raises problem for Judges and Human Rights Court to define the crimes against humanity as the legal ground for several gross violation of human rights that adjudicate within this framework. This article use normative legal research method to conduct, analyze, and arrange crime against humanity formulation with statutory law approach, legal conceptual approach, and legal cases approach. This article concluded with the limitation that highlighted whether gross human rights violation can be prosecuted and punished using international humanitarian law. This article also stressing normative and conceptual aspect related with development of crimes against humanity, its element of crime and its application by judicial system.

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Droege, Cordula, and Louise Arimatsu. "THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW: CONFERENCE REPORT." Yearbook of International Humanitarian Law 12 (December 2009): 435–49. http://dx.doi.org/10.1017/s1389135909000154.

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On 24–25 September 2009, the Faculty of Laws, University College London and the International Humanitarian Law Project, London School of Economics held a conference in cooperation with the International Committee of the Red Cross entitled ‘The European Convention on Human Rights and International Humanitarian Law’.Armed conflict situations (including belligerent occupations) have increasingly become the subject of litigation before national courts and the European Court of Human Rights (ECtHR). As a result, there is now a substantial body of case-law on the application of the European Convention on Human Rights (ECHR) in armed conflict situations. The ECtHR has had to engage with questions involving situations of armed conflict and occupation since the Turkish intervention in Northern Cyprus in the 1970s. The increasing resort to the ECHR by claimants whose rights have allegedly been violated in contemporary armed conflicts and occupations, raise new and complex questions of law. To what extent does the ECHR, as a human rights legal regime, apply in such situations, especially when alleged violations have been perpetrated abroad? How does the ECHR interact with international humanitarian law (IHL)?

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Mottershaw, Elizabeth. "Economic, Social and Cultural Rights in Armed Conflict: International Human Rights Law and International Humanitarian Law." International Journal of Human Rights 12, no. 3 (June 2008): 449–70. http://dx.doi.org/10.1080/13642980802069674.

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Dunoff, Jeffrey L., and Joel P. Trachtman. "The Law and Economics of Humanitarian Law Violations in Internal Conflict." American Journal of International Law 93, no. 2 (April 1999): 394–409. http://dx.doi.org/10.2307/2997997.

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The problem of criminal responsibility for human rights atrocities committed in internal conflict provides an appropriate vehicle for examining various theoretical and methodological approaches to international law. The issues raised include the following: Does international law provide for individual criminal responsibility for such acts? How best can these atrocities be prevented? Should international law address these matters or are they better left to domestic law? Why does international legal doctrine distinguish between human rights violations committed in international conflict and the identical acts committed in internal conflict?

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De Zayas, Alfred. "Human Rights and Humanitarian Law1." Nordic Journal of International Law 61-62, no. 1-4 (April 16, 1992): 259–61. http://dx.doi.org/10.1163/15718107-90000034.

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Francis, Sahar. "Status of Palestinian Prisoners in International Humanitarian Law." Journal of Palestine Studies 43, no. 4 (2014): 39–48. http://dx.doi.org/10.1525/jps.2014.43.4.39.

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This essay addresses the legal status of Palestinian political prisoners under international humanitarian and human rights law. At the heart of this issue lies the fundamental question of Israel's right to arrest hundreds of thousands of Palestinians, put them on trial before arbitrary military courts, and treat them as criminals in its capacity as the occupying power given the internationally-recognized right of Palestinians to resist occupation and pursue self-determination. This question takes on all the more urgency considering the illegal nature of the Israeli occupation1 and given that the laws and rules of war are applicable to Palestinian detainees as their status conforms to the definition of prisoners of war and civilians under occupation pursuant to the Geneva Conventions of 1949.

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Martin, Fanny. "Application du droit international humanitaire par la Cour interaméricaine des droits de l'homme." International Review of the Red Cross 83, no. 844 (December 2001): 1037–65. http://dx.doi.org/10.1017/s156077550018352x.

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Abstract Does the Inter-American Court of Human Rights has the authority to apply international humanitarian law in a case before it? The author examines a recent decision where the Court concludes that it has no power to apply rules other than the American Convention on Human Rights and general international law (Las Palmeras case). This decision overturns the position taken by the Inter-American Commission of Human Rights which concluded that international humanitarian law must be refered to insofar as human rights law does not satisfactorily answer the problem. The article examines the pros and cons of the question, with ample reference to the practice of the European Court of Human Rights.

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Journal articles on the topic 'International humanitarian and human rights law'

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