LAW 316: INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW

Omie Jehan P. Hadji-Azis

3rd Year Arellano
April 23, 2022

I. Abstract
This article aims to discuss a brief context of international humanitarian law and human rights
law, focusing on its principles, framework, instruments, and its application to both domestic and
international law. This article will be subdivided into five main categories: purpose, scope of
application, state responsibility, human rights instruments, and human rights tribunals.
II. Introduction
Purpose
Throughout much of history, people acquired rights and responsibilities through their
membership in a group – a family, indigenous nation, religion, class, community, or state. Most
societies have had traditions similar to the "golden rule" of "Do unto others as you would have
them do unto you." In fact, all societies, whether in oral or written tradition, have had systems of
propriety and justice as well as ways of tending to the health and welfare of their members. The
purpose of International Humanitarian Law is to protect the victims of armed conflicts and
regulate hostilities based on a balance between military necessity and humanity. It is sometimes
also referred to as the law of armed conflict or the law of war.
Scope of application
While International Humanitarian Law regulates the conduct of hostilities and the protection of
persons in situations of armed conflict, Human Rights Law protects the individual from abusive
or arbitrary exercise of power by State authorities. While there is considerable overlap between
these bodies of law, there are also significant differences. International Humanitarian Law
applies only in armed conflicts and is specifically designed for such situations and unless
expressly foreseen in the relevant treaty provisions, the rules and principles of IHL cannot be
derogated from. For example, it would not be permissible to disregard the prohibition on attacks
against the civilian population based on arguments such as military necessity, self-defense or
distress. Human rights law, on the other hand, applies irrespective of whether there is an armed
conflict. In times of public emergency, however, human rights law allows for derogations from
protected rights to the extent actually required by the exigencies of the situation. For example,
during an armed conflict or a natural disaster, a government may lawfully restrict freedom of
movement in order to protect the population. Despite these fundamental differences, both
prohibit torture or inhuman and degrading treatment and afford fair-trial guarantees to anyone
accused of a crime.
State Responsibility
Under international law, States are responsible for the conduct of persons or entities acting on
their behalf or with their authorization or endorsement. This includes not only government
personnel, such as members of the armed forces and the police or intelligence agencies but
also persons empowered by national law to exercise governmental authority, or persons acting
on the instructions or under control of a State, such as private military or security contractors.
The State remains legally responsible for the actions of its agents, provided they were acting in
their official capacity, even if those agents exceeded their authority or disobeyed instructions.

Human Rights Instruments

Universal Declaration of Human Rights (UDHR) is widely regarded as the cornerstone of
international human rights law. It has spawned a plethora of legally enforceable international
accords on human rights. It has sparked the creation of a large number of legally enforceable
international human rights treaties.
International Covenant on Civil and Political Rights (ICCPR) values each person's inherent
dignity and commits to improving conditions within nations so that civil and political rights can be
exercised. The International Covenants are important for the advancement of human rights. It
ensures human security and ensures that no one is deprived of their rights or is ignorant of
them. It guarantees a person's freedom from injustice, torture, and discrimination.
Human Rights Tribunals
International Criminal Court of Justice

 Principal judicial organ of the United Nations

 Established in June 1945 by the Charter of United Nations
 Roles: (i) to settle, in accordance to international law, legal disputes submitted to it by
States; and (ii) give advisory opinions and legal questions referred to it by authorized UN
organs and specialized agencies.
International Criminal Court

 Permanent judicial body established by the Rome Statute of the International Criminal

Court  in 1998, and it began sittings on July 1, 2002
 Roles: (i) the primary mission of the ICC is to help put an end to impunity for the
perpetrators of such crimes and contribute to their prevention; and (ii) investigate,
prosecute and try individuals accused of committing the most serious crimes of concern
to the international community as a whole.
III. References
Flowers, N. (2019). A Short History of Human Rights.
http://hrlibrary.umn.edu/edumat/hreduseries/hereandnow/Part-1/short-history.htm

Melzer, N., & Kuster, E. (2019) A Comprehensive Introduction.

https://library.icrc.org/library/docs/DOC/icrc-4231-002-2019.pdf