HUMAN RIGHTS AND

INTERNATIONAL
HUMANITARIAN LAW
 INTRODUCTION
• “International”
• International Human Rights Law
• Definition
• Characteristics
• Criticisms
• Issues in human rights and the role of law enforcers
• International Humanitarian Law
• Nature and Meaning
• History
• Basic Principles
 OBJECTIVES
•At the end of the session students are expected to be able to:
•Differentiate international human rights law and international
humanitarian law
•Appreciate the meaning of human rights, its importance and its
relevance to their duties as law enforcers
•Explain the different issues concerning human rights
•Understand the basic principles of International Humanitarian
Law
 International Law
• The law that regulates the relationship between States

• States are the core subjects of international law - - states have

rights and obligations under international law

• International organizations can be subjects of international law

• Individuals can to a certain extent be subjects under international

law
•State - a community of persons more or less numerous,
permanently occupying a definite portion of territory,
having a government of their own to which the great body of
inhabitants render obedience, and enjoying freedom from
external control
•Population
•Territory
•Government
•Sovereignty

•All states are sovereign

•All states are therefore formally equal
 Sources of international law
• Primary Sources:
Treaties
Customary law
General Principles

• Secondary Sources:
Jurisprudence
Literature
Human Rights
Definition
•Rights (as freedom from unlawful imprisonment, torture, and
execution) regarded as belonging fundamentally to all persons
(Merriam-Webster)
•The basic rights and freedoms to which all humans are considered to
be entitled, often held to include the rights to life, liberty, equality,
and a fair trial, freedom from slavery and torture, and freedom of
thought and expression. (American Heritage Dictionary of the
English Language)
•Fundamental rights, esp. those believed to belong to an individual
and in whose exercise a government may not interfere, as the rights to
speak, associate, and work. (Random House Kernerman Webster's
College Dictionary)
What are human rights?

Human rights are rights inherent to all human

beings, whatever our nationality, place of residence,
sex, national or ethnic origin, color, religion,
language, or any other status. We are all equally
entitled to our human rights without
discrimination. These rights are all interrelated,
interdependent and indivisible.
 
Universal and Inalienable

Applies to all; not to a select few, not to the

majority, but to all. They should not be taken
away, except in specific situations and
according to due process.
Interdependent and indivisible
All human rights are indivisible, whether they are civil
and political rights, such as the right to life, equality before
the law and freedom of expression; economic, social and
cultural rights, such as the rights to work, social security
and education , or collective rights, such as the rights to
development and self-determination, are indivisible,
interrelated and interdependent. The improvement of one
right facilitates advancement of the others. Likewise, the
deprivation of one right adversely affects the others. 
Equal and non-discriminatory

Prohibits discrimination on the basis of a list of

non-exhaustive categories such as sex, race, color
and so on. The principle of non-discrimination is
complemented by the principle of equality, as stated
in Article 1 of the Universal Declaration of Human
Rights: “All human beings are born free and equal in
dignity and rights.”
Both Rights and Obligations

States assume obligations and duties under

international law to respect, to protect and to fulfil
human rights. 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. The obligation to fulfil means that
States must take positive action to facilitate the
enjoyment of basic human rights.

(http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx)
Which rights are Human Rights?
• Political Rights
• Civil Rights
• Rights of Women, Children, Minorities, etc.
• Environmental Rights
• Social Rights
Criticisms
• Caters to superficial interests
• Too burdensome
• Not feasible in some areas/cultures
• Representative only of “Western” values
• Ignores cultural differences
The evolution of Human Rights
The Three Generations of Human Rights
By Czech Jurist -Karel Vasak(1979)
•civil-political (LIBERTY)
• Physical and civil securities (freedom from torture, slavery, arbitrary arrest)
• Civil-political liberties ( freedom of religion, assembly)
•socio-economic (EQUALITY)
• Social needs (nutrition, shelter, education)
• Economic needs ( work and fair wage, social security)
•collective-developmental (FRATERNITY)
• Solidarity rights (environmental, women’s, self-determination)
• Special rights of ethnic and religious minorities (rights of indigenous
communities)
The first generation of human rights are based on the principles of
individualism and non-interference—they tend to be “negative” rights,
based on the Anglo-American principles of liberty. This first generation of
rights developed under a strong mistrust of government and has since
evolved into what are now known as “civil” or political” rights.
1) The right to life
2) The right to property
3) The right to be seen equal before the law
4) The right to receive a fair and public hearing where one is innocent
before proven guilty
5) The right to privacy at home
6) The right to move and reside anywhere within one’s country
7)The right to seek asylum internationally
8) The right to marry and found a family
9) The right of freedom of belief and religion
10) The right of freedom of speech and opinion
11) The right to peacefully assemble and associate
12) The right to take part in the government directly or indirectly
13) The right to periodic and genuine elections
14) The right to have free choice of employment
15) The right to be protected from compulsion to join an organization
16) The right to be protected against slavery
17) The right to be protected against torture and cruel punishment
18) The right to be protected against arbitrary exile or arrest
19) The right as a parent to choose the type of education for your child
20) The right to hold ownership over any scientific, literary, or artistic
production one creates
The second generation of human rights are based on the principles of
social justice and public obligation—they tend to be “positive” rights,
based on continental European conceptions of liberty as equality. This
generation of human rights developed through those who had a strong
desire for the state to provide protection for its neediest inhabitants via
providing relief to the less fortunate. This second generation of rights has
since evolved into what are now known as “social” or “economic” rights.

1)The right to just and favorable conditions of work

2)The right of protection against unemployment
3)The right to equal work for equal pay
4)The right to rest and leisure as an employee
5)The right to reasonable limitation of working hours and periodic paid
holidays
6)The right to free elementary education
7)The right to higher education equally accessible to all via merit
8)The right to education which promotes tolerance and understanding
9)The right to food, clothing, housing, medical care, and necessary
social services
10)The right to security in the event of unemployment, sickness,
disability, widowhood, old age
11)The right to special care and assistance for mothers and children
12)The right to enjoy remuneration and standards of living adequate for
the health, well-being, and dignity of citizens and their families
Third-generation human rights are those rights that go beyond the mere civil
and social, as expressed in many progressive documents of international law,
including the 1972 Stockholm Declaration of the United Nations Conference
on the Human Environment, the 1992 Rio Declaration on Environment and
Development, and other pieces of generally aspirational "soft law."

1)Group and collective rights

2)Right to self-determination
3)Right to economic and social development
4)Right to a healthy environment
5)Right to natural resources
6)Right to communicate and communication rights
7)Right to participation in cultural heritage
8)Rights to intergenerational equity and sustainability
United Nations Universal Declaration of
Human Rights
Preamble
Whereas recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted
in barbarous acts which have outraged the conscience of mankind,
and the advent of a world in which human beings shall enjoy
freedom of speech and belief and freedom from fear and want has
been proclaimed as the highest aspiration of the common people,
 Whereas it is essential, if man is not to be compelled to have recourse, as
a last resort, to rebellion against tyranny and oppression, that human rights
should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations
between nations,
Whereas the people of the United Nations have in the Charter
reaffirmed their faith in fundamental human rights, in the dignity and
worth of the human person and in the equal rights of men and women and
have determined to promote social progress and better standards of life in
larger freedom,
Whereas Member States have pledged themselves to achieve, in co-
operation with the United Nations, the promotion of universal respect for
and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of
the greatest importance for the full realization of this pledge,
 Now, Therefore THE GENERAL ASSEMBLY proclaims THIS
UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common
standard of achievement for all peoples and all nations, to the end
that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by
progressive measures, national and international, to secure their
universal and effective recognition and observance, both among the
peoples of Member States themselves and among the peoples of
territories under their jurisdiction. 
Article 1.
All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, color,
sex, language, religion, political or other opinion, national or social
origin, property, birth or other status. Furthermore, no distinction
shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person
belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade
shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before
the law.
Article 7.
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to equal
protection against any discrimination in violation of this Declaration
and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the
fundamental rights granted him by the constitution or by
law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or
exile.
Article 10.
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any
criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which
he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any
act or omission which did not constitute a penal offence, under
national or international law, at the time when it was committed. Nor
shall a heavier penalty be imposed than the one that was applicable at
the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, nor to attacks upon his honour and
reputation. Everyone has the right to the protection of the law against
such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and
residence within the borders of each state.
(2) Everyone has the right to leave any country, including
his own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
(2) This right may not be invoked in the case of
prosecutions genuinely arising from non-political crimes
or from acts contrary to the purposes and principles of the
United Nations.
Article 15.
 (1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied
the right to change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a
family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with
others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
 Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.
Article 19.
 Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive
and impart information and ideas through any media and regardless of
frontiers.
Article 20.
 (1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall be
held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is
entitled to realization, through national effort and international co-
operation and in accordance with the organization and resources of
each State, of the economic, social and cultural rights indispensable for
his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to
just and favorable conditions of work and to protection against
unemployment.
(2) Everyone, without any discrimination, has the right to equal pay
for equal work.
(3) Everyone who works has the right to just and favorable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by other
means of social protection.
(4) Everyone has the right to form and to join trade unions for the
protection of his interests.
Article 24.
 Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.
Article 25.
 (1) Everyone has the right to a standard of living adequate for the
health and well-being of himself and of his family, including food,
clothing, housing and medical care and necessary social services,
and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.
Article 26.
 (1) Everyone has the right to education. Education shall be free, at
least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional
education shall be made generally available and higher education
shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the
human personality and to the strengthening of respect for human
rights and fundamental freedoms. It shall promote understanding,
tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the
maintenance of peace.
(3) Parents have a prior right to choose the kind of education that
shall be given to their children.
Article 27.
 (1) Everyone has the right freely to participate in the
cultural life of the community, to enjoy the arts and to
share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral
and material interests resulting from any scientific, literary
or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration
can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free
and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be
subject only to such limitations as are determined by law solely for
the purpose of securing due recognition and respect for the rights
and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic
society.
(3) These rights and freedoms may in no case be exercised contrary
to the purposes and principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage in any activity or to
perform any act aimed at the destruction of any of the rights and
freedoms set forth herein.
Current International Occurrences with
Human Rights Implications…
•Trump’s immigration policy
•Facebook – Cambridge Analytica
•Climate Change
•Mass shootings
Issues…
• Arrest of “Istambay” • What human rights are
• Maximum Tolerance Policy violated? Who violates?
How are they violated?
• TRAIN Law
• What human rights are
• “Love wins” protected? Who protects?
• “Endo” How should rights be
• Dengvaxia protected?
• Kadamay Anarchy • Each group member must
state their personal
knowledge or opinion on
the matter
International Humanitarian
Law
-Meaning and Nature
-Origin and Development
-Sources
--------------------------------------------------
International humanitarian law is a set of rules which seek, for
humanitarian reasons, to limit the effects of armed conflict .
International humanitarian law is also known as the law of war or
the law of armed conflict.
 Nature & Meaning: What is IHL?
• It is the body of law that applies in times of armed conflict:
International humanitarian law, the law of war, or the law of
armed conflict.
• It is also sometimes described as the human rights law of armed
conflict.
• The law of armed conflict (IHL) is the law that regulates the
conduct of armed conflicts (jus in bello).
• It comprises the Geneva Conventions and the Hague
Conventions, as well as subsequent treaties, case law, and
customary international law.
• It defines the conduct and responsibilities of belligerent
nations, neutral nations and individuals engaged in warfare,
in relation to each other and to protected persons, usually
meaning civilians.
• Serious violations of international humanitarian law are called war
crimes.
 Nature & Meaning
• It protects persons who are not or are no longer participating in the
hostilities and restricts the means and methods of warfare.
• IHL, (jus in bello) regulates the conduct of forces when engaged in war or
armed conflict.
• It is distinct from (jus ad bellum) which regulates the conduct of engaging
in war or armed conflict and includes crimes against peace and of war of
aggression.
• Together the jus in bello and jus ad bellum comprise the two strands
laws of war governing all aspects of international armed conflicts.
• In a broad sense, the humanitarian provisions cover the conduct of
military operations, (methods and means of combat) as well as the
protection of the victims of armed conflicts (wounded, sick, prisoners,
and civilian populations etc.
• Strictly speaking, IHL is based on the Geneva Conventions of 1949 and the
Additional Protocols 1977.
 What Does it Protect?
• International humanitarian law also affords protection to certain
objects. The destruction of these objects will have a detrimental
effect on the civilian population. The protected objects include:
• Civilian objects: all objects which are not qualified as military
objectives;
• Cultural objects and religious sites;
• The natural environment;
• Objects indispensable to the survival of civilian population, such
as water.
• Works and installations containing dangerous forces, such as
dams, dykes and nuclear plants;
• Medical equipment including the means of transport;
 Why so Important?
• War must be fought within certain legal boundaries. It is crucial for human
beings to survive, such as civilians, unarmed people, POW and hostages. Human
suffering is bad by any means!
• The aim of international humanitarian law is to ‘humanise’ warfare by limiting
the human suffering caused by armed conflict.
• Although it might seem more prudent to forbid all forms of war, it would hardly
be achievable in practice.
• The rules of international humanitarian law strike a careful balance between
concerns for humanity and military necessity.
• The IHL aim at safeguarding military personnel placed 'hors de combat' and
persons not taking part in hostilities;
• They also determine the rights and duties of belligerents in the conduct of
operations and limit the choice of means of doing harm.
• It focuses the wellbeing of the civilians, hostages and warring parties.
 WHO IS PROTECTED BY IHL?
One of the main purposes of IHL is to protect those
persons who do not take part or who have ceased to take part
in the hostilities.
According to the 1949 Geneva Conventions, the following persons
are provided with protection during war:
•Wounded and sick members of the armed conflicts on land;
•Sick, wounded and shipwrecked members of the armed forces at sea;
•Prisoner of wars;
•Civilians, including foreign civilians and refugees on the territory
where the hostilities take place and civilians in occupied territories.
•Besides these four main categories protection is also afforded to
personnel of civil defence units, medical and religious personnel.
 WHAT DOES IHL PROTECT?
• One of the main purposes of IHL is to protect those persons who
do not take part or who have ceased to take part in the hostilities.
According to the 1949 Geneva Conventions, the following persons
are provided with protection during war:
• Wounded and sick members of the armed conflicts on land;
• Sick, wounded and shipwrecked members of the armed forces at
sea;
• Prisoner of wars;
• Civilians, including foreign civilians and refugees on the territory
where the hostilities take place and civilians in occupied
territories.
• Besides these four main categories protection is also afforded to
personnel of civil defence units, medical and religious personnel.
 Basic Features
• The law (Geneva Conventions) is mandatory for nations bound by
the appropriate treaties.
• International humanitarian law is part of international law, which is
the body of rules governing relations between States
• But a number of major military powers including US not party to
the First Additional Protocol.
• They also determine the rights and duties of belligerents in the
conduct of operations and limit the choice of means of doing harm.
• Many provisions of the IHL are now accepted as customary law -
that is, as general rules by which all States are bound.
 Origin and
Development
Two historical streams:
-The Law of Geneva: The Geneva law
(Conventions) is concerned with the protection
of individuals.
-The Law of The Hague: The Hague law is
concerned with the means and methods of
warfare.
 Other International Laws Regulating Conflicts
- Other agreements prohibit the use of certain weapons and
military tactics and protect certain categories of people and
goods. These agreements include:
•The 1954 Convention for the Protection of Cultural Property in the
Event of Armed Conflict, plus its two protocols;
•The 1972 Biological Weapons Convention;
•The 1980 Conventional Weapons Convention and its five protocols;
•The 1993 Chemical Weapons Convention;
• The 1997 Ottawa Convention on anti-personnel mines;
• The 2000 Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed conflict.
 When Does IHL Applies?
• International humanitarian law is applicable in the event of armed
conflict, whether international or non-international in nature.
• An international armed conflict is a conflict between two or more
states.
• The 1949 Geneva Conventions are applicable to all cases of declared
war or any other armed conflict which may arise between two or
more of the High Contracting Parties, even if the state of war is not
recognised by one of them
• There is no definition of a non-international armed conflict in
international humanitarian law, Article 3 common to the four
Geneva Conventions of 1949 states that this single article shall
apply to cases of armed conflict not of an international
character taking place on the territory of a State Party.
Leading Institutions to Enforce IHL
• International Committee of the Red
Cross
• United Nations
• International Court of Justice
• International Criminal Court
• International Criminal Tribunals such as
ICTY and ICTR (ad hoc).
 The seven fundamental rules which are the basis of the
Geneva Conventions and the Additional Protocols.

 1 - Persons hors de combat and those who do not take a direct part
in hostilities are entitled to respect for their lives and their moral
and physical integrity. They shall in all circumstances be protected
and treated humanely without any adverse distinction.
2 - It is forbidden to kill or injure an enemy who surrenders or who
is hors de combat . 
3 - The wounded and sick shall be collected and cared for by the
party to the conflict which has them in its power.
Protection also covers medical personnel, establishments,
transports and equipment. The emblem of the red cross or the red
crescent is the sign of such protection and must be respected.
4 - Captured combatants and civilians under the authority
of an adverse party are entitled to respect for their lives,
dignity, personal rights and convictions. They shall be
protected against all acts of violence and reprisals. They
shall have the right to correspond with their families and to
receive relief.

5 - Everyone shall be entitled to benefit from fundamental

judicial guarantees. No one shall be held responsible for an
act he has not committed. No one shall be subjected to
physical or mental torture, corporal punishment or
cruel or degrading treatment.
6 - Parties to a conflict and members of their armed
forces do not have an unlimited choice of methods and
means of warfare. It is prohibited to employ weapons or
methods of warfare of a nature to cause unnecessary
losses or excessive suffering.

7 - Parties to a conflict shall at all times distinguish

between the civilian population and combatants in
order to spare civilian population and property. Neither
the civilian population as such nor civilian persons shall
be the object of attack. Attacks shall be directed solely
against military objectives.
Basic Principles of IHL
• Principle of Distinction
• Persons, places, weapons, etc.
• Principle of Necessity
• Of military action
• Principle of Proportionality
• Balance between civilian welfare & military advantage
• Principle of Humanity
• Enemy combatants are no less humans
 International Human Rights Law and
International Humanitarian Law
IHRL IHL
•Applies both in times of •Applies in times of war
war and peace only
•Only State is liable •Both sides liable
•May be suspended •Cannot be suspended
What is my role, as law enforcement officer, in
respecting, protecting and fulfilling human
rights?
• Recognize that all humans have equal rights which may be
removed or limited, only in special and specific circumstances,
and after due process of law
• Negative rights – do not violate
• Positive rights – do not prohibit/hinder
• Ensuring the free exercise/enjoyment of these rights
• When called to enforce – follow the limits laid down by law
“ If God called us to a task, He will then qualify
us for the job”.

- Jack Hyles
Grazie mille!!!