International Humanitarian Law and International Human Rights Law

Summary

This script explores the distinctions and intersections between International Humanitarian Law (IHL) and International Human Rights Law (IHRL). IHL, with its origins in the mid-1800s, focuses on regulating armed conflicts to protect individuals, applying extraterritorially and remaining in force regardless of the conflict's nature. In contrast, IHRL, emerging post-WWII, governs government treatment of individuals, applies universally, and allows for some rights derogation during emergencies. Despite their differences, both laws coexist, with IHL taking precedence in conflicts due to its specificity, ensuring human dignity in all circumstances.

Takeaways

• 📜 International Humanitarian Law (IHL) and International Human Rights Law (IHRL) are distinct, despite sharing the goal of protecting individuals.
• 🏛 IHL originated in the mid-1800s, with the first Geneva Convention in 1864, focusing on the protection of the sick and wounded in war.
• 📝 IHL is international law that applies during armed conflicts, regulating the conduct of parties involved in the conflict.
• 🌍 IHL applies extraterritorially, meaning its scope is based on the presence of armed conflict, irrespective of borders.
• ⛔ IHL cannot be suspended even in emergencies; it is designed to apply during the worst conditions, including war.
• 👥 IHL enforcement is typically against leaders of parties in conflict, with international courts like the International Criminal Court having jurisdiction.
• 🌱 IHRL developed post-World War II, with the Universal Declaration of Human Rights in 1948, focusing on basic rights applicable to all individuals globally.
• 🏙 IHRL governs how a government treats people under its control, including both citizens and non-citizens.
• 🕊 IHRL applies at all times, during both peace and armed conflict, in contrast to IHL which is limited to conflict periods.
• 📉 IHRL allows for some rights to be temporarily suspended during emergencies, but requires their restoration post-emergency.
• 🔄 The relationship between IHL and IHRL is one of co-existence and overlap, with IHL taking precedence in armed conflict due to its specificity (lex specialis).

Q & A

What is the main goal of both International Humanitarian Law (IHL) and International Human Rights Law (IHRL)?

The main goal of both IHL and IHRL is to protect individuals, with IHL focusing on armed conflicts and IHRL focusing on the treatment of people by their governments.

How did International Humanitarian Law (IHL) begin to develop?

Modern IHL began to develop in the mid-1800s during the Franco-Austrian War and the American Civil War, with the original Geneva Convention established in 1864.

What is the primary purpose of the Geneva Conventions?

The primary purpose of the Geneva Conventions is to establish international agreements that bind nations to follow certain rules during armed conflicts, even when they are at war with each other.

How does IHL apply to parties involved in an armed conflict?

IHL applies to parties involved in an armed conflict by regulating how they treat each other, binding them to follow specific rules and holding leaders responsible for ensuring compliance by their soldiers.

What is the difference between IHL and IHRL in terms of territorial application?

IHL applies extraterritorially, following the fighting wherever it occurs, whereas IHRL applies within the borders of a nation and is concerned with how a government treats people under its control.

Can IHL be suspended during emergencies such as war or natural disasters?

No, IHL cannot be suspended even in emergencies. Its purpose is to apply during armed conflict, and the rules were written with the understanding that it would be applied in emergency conditions.

How did International Human Rights Law (IHRL) develop differently from IHL?

IHRL developed in the mid-1900s, post-World War II, with the Universal Declaration of Human Rights in 1948, focusing on protecting fundamental rights of all people and regulating how governments treat their citizens.

What is the significance of the Universal Declaration of Human Rights?

The Universal Declaration of Human Rights was the first international statement addressing the fundamental rights of all people and was drafted in response to the brutal treatment of civilians during World War II.

How does IHRL differ from IHL in terms of when it applies?

IHRL applies at all times, both in peace and during armed conflict, while IHL only applies during times of armed conflict.

Can the rights protected by IHRL be suspended during emergencies?

Yes, IHRL recognizes that some rights may need to be temporarily suspended during emergencies to ensure fair treatment and protection of all, but these rights must be restored once the emergency has passed.

How do IHL and IHRL coexist and interact during an armed conflict?

IHL and IHRL coexist during an armed conflict, with IHL being the controlling law for issues it specifically addresses due to its specificity, while IHRL controls for issues not covered by IHL.