by Unknown Author is licensed under

Pak-Studies Assignment # 2

Prof. Shams-ur-Rehman Abbassi

Muhmmad Bilal (337422)

M. Ukasha (334164)

Muhammad Ehtisham Hassan (333201)

Malik Zain Ali Sajid (344117)

Somaan Shakeel (331275)

Ahtisham-ul-Hassan Riaz (333931)

 Human Rights Issue

Human Rights refers to the concept of human beings as having universal

rights, or status, regardless of legal jurisdiction, and likewise other localizing
factors, such as ethnicity and nationality. The interpretation of the term and
degree of human rights has some degree of variance between its uses in
different local jurisdictions; difference in both meaningful substances as
well as in protocols for and styles of application. Broadly speaking Human
rights are generally those rights, which are recognized as being inherent in
and integral to every human being by virtue of his birth and are absolutely
essential for substance and development of human life.

General perspective

The general idea of human rights can be described by setting out some
defining characteristics. The goal here is to answer the question of what
human rights are with a general description of the concept rather than a list
of specific rights. Two thinkers can have the same common idea of human
rights even though they disagree about whether some particular rights are
human rights. Generally, human rights create an idea of freedom where
human beings may act in an autonomous fashion, without being enmeshed
in an oppressive regime of orders and prohibitions. The basic assumption is
that such a kind of freedom will be used not only for the furtherance of
individual interest, but also for the general welt.

Ultimately the most general meaning of the term is one, which can only
apply universally, and hence the term “human rights” is often itself an
appeal to such transcended principle, without basing such on existing legal
concepts. The term “humanism” refers to the developing doctrine of such
universally applicable values; and it is on the basic concept that human
beings have innate rights, that more specific local legal concepts are often
based.

Basic Rights

Within particular societies, “human rights” refers to standards of behavior

as accepted within their respective legal systems regarding:

1) The well-being of individuals.

2) The freedom and autonomy of individuals.

3) The representation of the human interest in government.

These rights commonly include the right to life, the right to an adequate
standard of living, the prohibition of genocide, freedom from torture and
other mistreatment, freedom of expression, freedom of movement, the
right to self-determination, the right to education, and the right to
participation in cultural and political life. These norms are based on the
legal and political traditions of United Nations member states and are
incorporated into international human rights instruments.

References
The word ‘human’ means that all people are entitled to them; the word
‘rights’ means that these are entitlements that can be enforced by law. We
look at the values underlying human rights and how they constantly
develop. They usually emerge as a result of popular struggles against
injustice.

In the Western political tradition, human rights are held to be

“Inalienable” and to belong to all humans. They are necessary for freedom
and the maintenance of a “reasonable” quality of life. The basis of this
political tradition, perhaps best exemplified in the United States
Constitution (1783) and The French Declaration of the Rights of Man
and of the Citizen (1793) is the equality of opportunity between
individuals.

Explanation
If a right is inalienable, that means it cannot be bestowed, granted,
bartered, or sold away (e.g., one cannot sell oneself into slavery). Rights
may also be non-derogable (not limited in times of national emergency);
these often include the right to life, the right to be prosecuted only
according to the laws that are in existence at the time of the offense, the
right to be free from slavery, and the right to be free from torture.

Human Rights are those rights, which are inherent in human persons and
without which they cannot live as human beings. They are the rights which
come with birth and every person, irrespective of his or her race, colour,
status, is entitled to them simply because he or she is human. Thus, human
rights are universally inherent, inalienable, and inviolable rights of all
members of the human family.

Human rights in Islamic Law mean those rights which are granted by Allah
and can neither be suspended nor abrogated, as there is no higher purpose
to which they are subservient. They are an integral part of the Islamic faith.

HISTORICAL BASIS OF HUMAN RIGHT

“Global histories of human rights development such as The
History of Human Rights are crucial tools to provide us legal thought
with an intellectual map of its origins, its comparative international
context, and its declining standing.” Joe Lockard, Tikkun.

The world’s oldest recorded charter of human rights was the last sermon of
Our Beloved Prophet Hazrat Muhammad ‫ ﷺ‬which is
renowned as “Khutba Hijat ul Wida”. This sermon was the most vast
sermon in terms of its meaning and the rights of the humans and all
around the globe. This sermon contains everything which a lay man to a
ruler of state should follow to have his or one’s country state of life to be
more pleasant and worthy. Because in this the rights of mankind is given a
status which a lay man or anyone can comprehensively describe. It can’t be
done by anyone expect of our beloved prophet Hazrat
Muhammad
‫ ﷺ‬. So this was a gift from ALLAH ALMIGHTY to
bless us with HIS MOST BELOVED ONE.

Other charters for human rights:

After that, not known exactly an ancient human rights charter engraved on
the famous Cyrus Cylinder, written and confirmed by the Persian
emperor Cyrus the Great at around 538 BC. Cyrus’ charter, adopted by the
first Persian Empire, is thought to be very advanced for the age, even
comparing favorably with modern declarations of human rights, against
which it is also contrasted as being much more spiritual.

From the Hammurabi Codes of ancient Babylon to the mandates of the

League of Nations, an awareness of human rights slowly emerges.’

As individual human beings, we each have an innate sense of the

fundamental rights and freedoms that belong to us, and that cannot be
denied by any government. A basic understanding and recognition of
human rights is in our nature. The notion of human rights can be
successfully traced through the linguistic, literary, cultural, and political
structures of all societies.

The Code of Hammurabi is one of the earliest known examples of human

laws being defined and written down in an orderly way. Little is known
about Hammurabi himself; he ruled Babylon nearly four millennia ago, from
roughly 1702-1750 B.C .
The world’s major legal systems all bring important contributions to our
understanding of human rights as do the most widely practiced religious
beliefs, including Islamic, Christian, Confucian, Hindu, Buddhist and Jewish
traditions.

Attempts to articulate this innate understanding can be traced to ancient

laws (such as the Hammurabi Codes of Babylon), to Greco-Roman doctrines
and through the work of philosophers and humanists such as St. Thomas
Aquinas, Baruch Spinoza, Gottfried Wilhelm Leibniz, and Jean Jacques
Rousseau. These philosophers all contributed to the concept of “natural
law” which set the stage for wide recognition of human rights and
freedoms. Natural law holds that people are born in an innately “good”
state, and that certain fundamental rights can be reasonably deduced from
this fact.

Although the philosophy of natural law lent much to the conceptual basis
for human rights, with time, it became increasingly important to translate
vague concepts of rights derived from nature into specific written laws
which would provide concrete protection for the rights of the individual
within the larger framework of society. Great precedents in the recognition
and protection of specific human rights lie in such documents as the
British Magna Carta, the United States Bill of Rights, and the French
Declaration of the Rights of Man.

Uno Formation:
Shortly after the end of the First World War, the League of Nations was
established. The Covenant of the League created a “Mandates System” that
obliged League Members to promote the “well-being and development” of
peoples in the territories over which they had jurisdiction

These were all important international developments. In fact, many

concepts, convictions, events, laws and institutions helped to advance the
cause of human rights prior to the 1940s. But appreciation of human rights
as the very foundation of a free, just and peaceful world was immature, and
commitment was thin. The League of Nations proved an ineffective
organization and it soon collapsed, ushering in another world war.

The best-known histories of the human rights movement tend to begin

with the ancient religions and societies and show the evolution of concepts
and institutions of human rights across civilizations. The roots of the notion
of Human Rights can be drawn as far back as the Ancients (the role of the
individual in the state) but the idea of civil and political rights stems from
liberal freedoms advocated by John Stuart Mill in On Liberty. The concepts
of economic, social and cultural Rights can be traced back to Hegel’s
Elements of the Philosophy of Right.

Origin of Modern Human Rights

The origin of modern positive rights in international law may be traced to
the creation of the International Labour Organization in 1919 as a Western
response to the socialist ideology of the Russian Revolution of 1917.

Through a long process of evolution, modern human rights jurisprudence

has evolved into three basic principles. These principles are explained
below:

The principle of Universality and indivisibility

Universal human rights theory holds that human rights apply to everyone
simply by virtue of their being human. Every human being has some rights
that cannot be taken from him by any ruler. These rights cannot be earned
nor are they acquired through purchase. Every human being deserves these
rights and gets these rights at the time of birth and no government or ruler
can strip them of these rights. These basic human rights are universal and
they do not have any hierarchical status. So, these rights are indivisible and
all of these basic human rights have equal status. Denial of one right
invariably impedes enjoyment of other rights. Thus, the right of everyone to
an adequate standard of living cannot be compromised at the expense of
other rights, such as the right to health or the right to education.  The
universality of human rights is encompassed in the words of Article 1 of
the Universal Declaration of Human Rights: “All human beings are born
free and equal in dignity and rights.”

The principle of inalienability

These basic human rights are universal and inalienable. No human being
can be deprived of these rights. As all human beings are equal so, these
rights should be given to every human being without discrimination. Every
human being is equally entitled to these modern human rights and no
power can these rights away from any human being. Even the will of the
majority cannot take these rights away from anybody. All human beings
have a right to take part in society and access information about the
decisions that affect their lives. This principle states that no one can be
alienated from this society by taking away their human rights .

The rule of law

The human rights movement has increasingly encountered conceptual,
normative, and political challenges. Perhaps, as de Mello suggested, rule of
law will be a “fruitful principle to guide us toward agreement and results,”
and “a touchstone for us in spreading the culture of human rights.” We still
live in a world where widespread human rights violations are the norm
rather than the exception. Rule of law is seen as directly integral to the
implementation of rights. Rule of law may also be indirectly related to
better rights protection in that rule of law is associated with economic
development, which is related to better rights performance. Rule of law
suggests that whenever there is conflict, this conflict must be resolved by
the implementation of consistent, just laws and just procedures.
 Availability of Human rights
Individuals can seek human rights in organized communities i.e., a state or
in other words a place where social and civil order exists. The principle of
protection of these rights has been derived from the fact that a man as a
member of society deserves these rights and they should never be taken
away from him. Human rights include the right to life and liberty, freedom
from slavery and torture, freedom of opinion and expression, the right to
work and education, and many more.  Everyone is entitled to these rights,
without discrimination.

The necessity of protection Human rights

These rights are necessary for the all-round development of the personality
of individuals in society so, they should be protected. These rights should
be protected and defended because they give meaning to life and they are
essential for maintaining human dignity.

Kinds of Human rights

Human rights are of two types.

1-Civil and Political Rights

Civil rights:
Civil and political rights are a class of rights that protect individuals’
freedom from infringement by social organizations and governments,
and private individuals. They ensure one’s right to participate in the civil
and political life of society and the state without discrimination or
repression. Civil and political rights emerged out of fundamental rights
conceptions protecting life, integrity, liberty, and opinion of a person
against an overbearing state.
  Civil rights include ensuring people’s mental integrity, physical health.
These rights ensure the right to life for every human being and their
safety. These rights protect individuals from discrimination based on
their race, gender, sexual orientation, gender identity, national origin,
color, age, ethnicity, religion, and disability. These rights make sure
that every person has the right to freedom of speech, opinion, and
the right to education. Civil rights also ensure individual rights such as
privacy, religion, speech, assembly, and movement.

Political rights:
Political rights include natural justice in law such as the rights to the
accused include the right to a fair trial, due process, the right to seek
redress, and the right to a legal remedy. Political rights also ensure that
individuals are free to participate in civil society and politics. These rights
make sure that everyone has the right to freedom of association, the right
to assemble, the right of self-defense, the right to petition, and the right to
vote.

Although civil and political rights may seem different on the surface.
Actually, they are deeply related and dependent on each other. Therefore, it
does not seem logical to differentiate between them.

So, both civil and political rights have been formulated into one covenant
i.e., International Covenant on Civil and Political Rights .

2-Economic, Social and Cultural rights

These rights are fundamentally based on the concept of social equality &
are related to the guarantee of minimum necessities of the life to human
beings . In the absence of these rights the existence of human beings is like
to be endangered.
 Right to adequate food, clothing, housing and the adequate standard of
living and freedom from hunger, right to work, right to social security, right
to physical and mental health and right to education are included in this
category of rights.

Cultural rights are rights related to themes such as language; cultural and

artistic production; participation in cultural life; cultural heritage;
intellectual property rights; author's rights; minorities and access to
culture, among others. Social rights refer to those rights that protect the
necessities of life or that provide for the foundations of an adequate quality
of life. These rights may also be defined as claims against the state to have
certain basic social and economic needs of life satisfied.

These rights sometimes called positive rights, require active intervention,

not abstentions on the part of the state. Enjoyment of these rights requires
a major commitment of resources and therefore, their realization cannot be
immediate as in the case of civil and political rights.

Economic social and cultural rights are important because the delivery
of economic, social and cultural rights contributes both to an equitable
allocation of public goods and services and to law enforcement by
facilitating accountability for the commission of international crimes as
required by the tenets of transitional justice.

Although the United Nations has recognized the above two sets of rights in
two separate covenants i.e. the International Covenant on Civil and Political
Rights; and the International Covenant on Economic Social and Cultural
Rights, there is a close relationship between them.

The Universal Declaration on Human Rights recognizes a number of

economic, social and cultural rights and the International Covenant on
Economic, Social and Cultural Rights (ICESCR) is the primary international
legal source of economic, social and cultural rights. The Convention on the
Rights of the Child and the Convention on the Elimination of All Forms
of Discrimination Against Women recognizes and protects many of the
economic, social and cultural rights recognized in the ICESCR in relation to
children and women. The Convention on the Elimination of All Forms of
Racial Discrimination prohibits discrimination on the basis of racial or
ethnic origin in relation to a number of economic, social and cultural rights.
The Convention on the Rights of Persons with Disabilities also prohibits
all discrimination on the basis of the disability including refusal of
the reasonable accommodation relating to full enjoyment of economic,
social and cultural rights.

It has been rightly realized especially, by developing countries that civil and
political rights can have no meaning unless they are accompanied by social,
economic and cultural rights. Thus, both categories of rights are equally
important & where the civil and political rights do not exist, there cannot
be full realization of economic, social and cultural rights and vice versa.

INTERNATIONAL HUMAN RIGHTS LAW

(IHRL)

International human rights law lays down obligations which States are

bound to respect. The obligation to respect means that States must refrain
from interfering with or curtailing the enjoyment of human rights. The
obligation to protect requires States to protect individuals and groups
against human rights abuses.

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 International Human Rights Law has been developing extensively since
the creation of the United Nations. The most fundamental point about
human rights law is that it establishes a set of rules for all the people of all
the states.

Human rights is international in the sense of it being universal, applying to

all the individuals. However, international human rights law refers mainly, to
obligations of states to individuals within their jurisdiction.

When the states fail to assure realization of human rights to the individuals
within their jurisdiction, international obligation arises. Thus, obligation to
provide human rights to individuals, is mainly intra-national and in some
cases international.

A state is not free to treat its nationals as it pleases despite the fact that it is
sovereign. The greatest impact of human rights law has been to erode the
absolute control which a state had in the classical period.

Efforts for creation of an international organization, in order to establish

peace, were being made even when the World War II was in progress. The
declarations adopted by the Conference laid down the importance of
Human Rights.

Declaration of League of Nations signed in January 1942, at Washington

was the first document which used the term of Human Rights.

Thus, the human rights became a matter of International concern with the
end of World War II and the founding of United Nations Organization.
Since then, the international human rights law has been developing in an
unprecedented way and has become a very substantive part of
International law as a whole.
Although there is no ‘global government’ as such to protect human rights,
it is being protected by the various bodies of the United Nations and the
inter-governmental organizations.

Nazi Government (Germany)

In the 1930s and 40s, the Nazis murdered millions of people, motivated by
their racist ideology. Among the casualties were six million Jews, as many as
500,000 Roma and Sinti people, people with disabilities and many others.
Governed by Adolf Hitler. the Nazi Party persecuted the Jews and
other groups in horrific ways. As part of Hitler’s ‘Final Solution,’ the Nazis
gathered Jews and other persecuted groups in concentration camps. Camp
prisoners endured systematic cruelty; beating, starvation and torture were
normal. Doctors, including the notorious Dr. Mengele, performed brutal
experiments. The Nazi government depended on slave labor. Conditions in
camps were brutal and degrading, and often resulted in deaths. Many
camps contained gas chambers, where prisoners were exterminated.

This policy of cruel treatment and deliberate, systematic genocide across

German-occupied Europe shocked the world. After the Nazis were defeated
by the Allied Forces in WWII, the world united to agree on minimum
standards of dignity to be afforded to all human beings.

On 10 December 1948, the General Assembly of the United Nations

announced the Universal Declaration of Human Rights (UDHR) - 30 rights
and freedoms that belong to all of us. Seven decades on and the rights
they included continue to form the basis for all international human rights
law.

These minimum standards became known as Human Rights and were made
enforceable in Europe under the Human Rights Convention.
The UDHR marked an important shift by daring to say that all human
beings are free and equal, regardless of color, creed or religion. For the first
time, a global agreement put human beings, not power politics, at the heart
of its agenda.

The 30 rights and freedoms set out in the UDHR include the right to
asylum, the right to freedom from torture, the right to free speech and the
right to education. It includes civil and political rights, like the right to life,
liberty, free speech and privacy. It also includes economic, social and
cultural rights, like the right to social security, health and education.

Structure of UN
The United Nations has many organs from among which the prime
responsibility for promotion of human rights, under the U N Charter, rests
with the General Assembly, the Economic and Social Council; and its
subsidiary body i.e. the Council on the Human Rights.

The General Assembly is the main policymaking body of the U.N. that
votes on decisions the organization makes. All 193 members are
represented in this branch. The Economic and Social Council makes
policies and recommendations regarding economic, social and
environmental issues. It consists of 54 members who are elected by the
General Assembly for three-year terms.

If violation of the Human Rights takes place, the General Assembly and
other organs of the UN can initiate discussions only, but the Security
Council & the International Court of Justice can engage in enforcement
action; and only they have the competence to pass a binding resolution or
issue a binding judgment.

However, one can argue about the success of the United Nations as a body
to protect the human rights of people all over the globe, because there
have been countless wars and conflicts that have occurred after the
formation of the UN in 1948 which it has failed to stop, and human rights
violations continue to happen every single day in places such occupied
Palestine by the Israeli Forces and in Kashmir by the Indian forces etc.

Achievement or fruitfulness of UN
Although UN has not been successful to the degree it was supposed to be,
still there have been significant benefits that came from its creation. The
most important of them being that it has made the people and the states
conscious about human rights and fundamental freedoms. The belief that
everyone, by virtue of her or his humanity, is entitled to certain human
rights is fairly new and has become widespread after the creation of the
UN.

codification
In addition to this, the United Nations has codified different human rights
and freedoms by making treaties for all sections of the people such as
women, child, workers, refugees, etc. Throughout much of history, people
acquired rights and responsibilities through their membership in a group –
a family, indigenous nation, religion, class, community, or state but after the
creation of the United Nations, human rights has become something that
every government is expected safeguard for its people, which was not the
case before.

The Economic and Social Council, which is one of the organs of the UN,
under the Article 68 of the UN Charter was empowered to set up
commissions for the promotion of human rights and such other
commissions as may be required for the performance of its functions.

The council may also meet annually in Geneva for six weeks beginning in
March. The commission may also meet between annual sessions to deal
with urgent human rights situations.

The council as determined by its terms of reference was directed to prepare

recommendations and reports on the following items:-
1. International bill of rights
2. International declarations and conventions on civil liberties, the status
of women, freedom of information.
3. Protection of minorities.
4. Prevention of discrimination on grounds of race, language or religion.

UNIVERSAL DECLARATION OF
HUMAN RIGHTS
The Universal Declaration of Human Rights is an
international document adopted by the United Nations
National Assembly that enshrines the Rights and Freedom of all
human beings.

The idea for the protection for human rights and fundamental
freedoms was conceived in the Atlantic Charter (1941) and in
the Declaration of the United Nations (1948).

The Universal Declaration of Human Rights was accepted by

the General Assembly as Resolution 217 at its third session
on 10 December 1948 at the Palais de Chaillot in Paris,
France.
The UHDR has inspired a rich body of the legally binding
international human rights treaties.

It continues to be an inspiration to all whether in addressing

injustices, in times of conflicts and/or in our efforts towards
achieving universal enjoyment of human rights.

 Of the 58 members of the United Nations at the time, 48

voted in favour, none against, eight abstained, and two did not
vote.

The Declaration consists of 30 articles detailing an individual's

"basic  rights  and fundamental freedoms" and affirming
their universal character as inherent, inalienable, and
applicable to all human beings. Out of 30 articles, 21 articles
enumerated the civil and political rights and the rest covers
economic and social rights.

 It directly inspired the development of international human

rights law, and was the first step in the formulation of
the International Bill of Human Rights, which was
completed in 1966 and came into force in 1976.
The Universal Declaration does not permit a state to derogate
from their obligations in public emergency which threatens the
life of nation. Thus, even in such cases the rights cannot be
suspended.

LEGAL EFFECT OF THE DECLARATION

The universal Declaration set for the International community a

common standard of achievement. It recognized the inherent dignity
and the equal and inalienable rights of the people in all nations.

 The Universal Declaration was not intended to be legally a binding

and therefore, it did not impose any legal obligations on the States to
give effect to its provisions. In other words, from the legal point of
view, the declaration has been only a recommendation and not
strictly binding on the states.

Main Objective
The main object of the Declaration was to present the ideas of human
rights and freedoms in order to inspire everybody to work for their
progressive realization. The message conveyed is one; of hope,
equality, liberation and empowerment.

It declares that human rights are universal – to be enjoyed by all

people, no matter who they are or where they live. The Universal
Declaration includes civil and political rights, like the right to life,
liberty, free speech and privacy.
 The Universal Declaration is not a treaty, so it does not directly
create legal obligations for countries. However, it is an expression of the
fundamental values which are shared by all members of the international
community. And it has had a profound influence on the development of
international human rights law.

INTERNATIONAL HUMANITARIAN LAW

(IHL)

International humanitarian law is a branch of International Law

which provides protection to human beings from the consequences of
armed conflicts.

International humanitarian law is a set of rules which seek,

for humanitarian reasons, to limit the effects of armed conflict. It protects
persons who are not or are no longer participating in the hostilities and
restricts the means and methods of warfare

International humanitarian law had evolved slowly since 22 August 1864,

when the plenipotentiaries of 13 States had met, also in Geneva, and
adopted the ten articles of the first Convention for the Amelioration of the
Condition of the Wounded in Armies in the Field, prepared by Henry
Dunant and Gustave Moynier.

Dealtation of Humanitarian Laws

Humanitarian Law deals with those matters which have an impact of armed
conflicts on the life, personal integrity and liberty of human beings. Thus,
the humanitarian law may be referred to that body of law which defines
those principles and rules, which limit the use of violence in times of war.
Serious violations of international humanitarian law are called war crimes.
International humanitarian law, regulates the conduct of forces when
engaged in war or armed conflict.

These rules are inspired by principles of humanity and they are meant to
avoid human sufferings and brutality in armed conflicts. However, those
rules of war which are based on the humanitarian considerations or
motivations, are called the humanitarian law. The law is mandatory for
nations bound by the appropriate treaties. 

The Humanitarian Law is primarily made up of treaties / agreements

between states intended to have binding legal effect between the parties
that have agreed to them and are bindings only between States, which are
parties to those treaties.

International humanitarian law applies to all the armed conflicts, i.e. the
international armed conflicts as well as the non-international armed
conflicts.

International conflicts may mean an armed clash between two or more

states, whereas non-international armed conflicts which take place in the
territory of a state between its armed forces, e.g. civil war, are included in
non-international armed conflicts.

Presently, there is a widespread acceptance of the importance of human

rights in the international structure. However, one will not hesitate to admit
that there is a confusion prevailing as to its precise nature and scope and
the mode of International Law as to the protection of these rights.

One valuable lesson that the history of human rights teaches us is that, they
are not static but are developed in response to the new modes of political
thought & the changes in international environment.

Difference b/w IHL & IHRL

International humanitarian law(IHL) and international human rights
law(IHRL) are two distinct but complementary bodies of law. They are
both concerned with the protection of life, health and dignity. IHL applies
in armed conflict while IHRL applies at all times, in peace and in war.

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. While pluralist scholars conceive international human
rights law as being distinct from international humanitarian law, proponents
of the constitutionalist approach regard the latter as a subset of the former.

International Humanitarian Law has much in common with the law of

human rights since both are concerned with protection of the individuals
nevertheless, there are important differences between the two.

The first difference is that International humanitarian law is applied during

the time of armed conflicts whereas the law of human rights is applied in
peace time. The second difference is that the state which becomes a party
to a human rights treaty assumes an obligation to treat all the persons
within the jurisdiction in accordance with provisions of the treaty.