INTERNATIONAL LEGAL PROTECTION OF HUMAN RiGHTS iN ARMED CONFLiCT (original) (raw)
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The International Legal Protection of Human Rights in Armed Conflict
International Education and Research Journal, 2017
This research paper aimed at the exploration of international legal protection of human rights in the situation of the armed conflict. In the recent situations armed conflict has blighted the lives of millions of civilians. Serious violations of international humanitarian and human rights law are common in many armed conflicts. In certain circumstances, some of these violations may even constitute genocide, war crimes or crimes against humanity. Both human rights law and international humanitarian law inform each other in a number of ways. Both international human rights law and international humanitarian law provide extensive protections and guarantees for the rights of persons not actively or no longer participating in hostilities, including civilians. This paper discusses international human rights law and international humanitarian law as available for the protection of victims in armed conflict.
During the beginning of the known war histories the battles happened between the troops of the enemy forces outside of the populated homelands. Wives and children as non-combatants remained outside of the battlefield. This kind of old-school "clean" armed conflicts 1 involving only armies fighting in the battlefield are hard to find in today's world. The idea of respect for human rights and protection of civilian population during an armed conflict is not so easily acceptable by the persons who have dark memories of the indiscriminative warfare. In modern warfare it is impossible for the civilians to end up without getting any injuries. Let us not to be so much pessimistic. There exist two major mechanisms for the protection of those who does not participate in the fighting from being collateral damage during wars. International humanitarian law and human rights law constitute the major line of this protection despite the disagreements about the interrelation between them and debates about success level of each.
Human Rights in Times of Armed Conflicts
2022
The present contribution deals with the issue of human rights in armed conflicts versus the concept of war. This distinction was made in Article 2, and the same in all four Geneva Convention of 1949. In this article, the distinction is made between the universal system of human rights and the International Humanitarian Law of Armed Conflicts (IHLAC). The difference of application between these two sets of law relies on the fact, that the universal agreements of human rights always apply, both in armed conflict and peace when the IHLAC applies only in times of armed conflicts. There is a difference between them in the regulation. Human rights regulate the relationship between the state and persons under its jurisdiction, regardless of their nationality and the IHLAC applies to states and individuals or armed groups distinguishing between a civilian or a veteran. About the compliance control, it is a different system too, for the IHLAC, it is the ICRC and criminal tribunals, and for human rights, there are different committees of tribunals like the International Court of Justice (ICJ). The exam of the jurisprudence of the ECtHR shows, that it does not make a distinction between a state of war and peace, which is called the humanization of the law of armed conflicts. Also, the very important question of the fragmentation of international law is examined, based on the jurisprudence of the ICJ.
These recommendations and explanatory report are the result of an intense work from the scientific committee together with an important group of experts and academics on international law, international humanitarian law and human rights law. A round--table meeting was held in Brussels on October 20, 2010 to discuss a draft version of the recommendations with stakeholders, experts and academics. Their comments and suggestions were very important to enhance the quality of this final version.
The article is devoted to problems of interaction of two distinct bodies of modern international law – human rights law and international humanitarian law in times of armed conflict. Special attention is paid to differences in approaches to human rights applied by the rules of two mentioned bodies of international law. The provisions of international treaties in the field of protection of human rights and international humanitarian law, as well as the opinions of reputable domestic and foreign researchers are analyzed. The purpose of this study is to identify problem points of convergence of human rights law and international humanitarian law during armed conflicts. The research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods. The main conclusions of the research are the following: 1) during an armed conflict human rights law and international humanitarian law are complementary bodies of international law; 2) rules of international humanitarian law operate as lex specialis in relation to human rights law; 3) further close interaction between the considered bodies can lead to their merger into a single (joint) body of international law. The novelty of the research is in the fact that it is for the first time in English the opinions of famous Russian international lawyers on the question of the relationship of these bodies of international law are depicted; also the positions of Russian scientists are compared with the opinions of their foreign colleagues.
Minnesota Law Review, 2012
Although international human rights and humanitarian law share common roots in their respective efforts to protect human dignity, the two bodies of law appear to have incompatible requirements in armed conflicts. This article draws on jurisprudence, state practice, and scholarship to describe three approaches to evaluating what is lawful in armed conflicts, explores the consequences of the various applications, and recommends that the United States employ interpretive strategies to minimize discrepancies. In situations where states’ obligations remain irreconcilable, the article endorses a “specificity decision rule” to determine the applicable legal regime.
International Humanitarian Law and Protection of Civilians in time of War
Academia.edu
International humanitarian law is a compilation of laws aimed at limiting the consequences of armed conflict for humanitarian purposes. It safeguards those that are not or are no longer involved in fighting and limits the arms and tactics of warfare. It also protects people's lives, welfare, and dignity, prohibits torture and inhuman treatment, prescribes fundamental protections for those facing criminal charges, prohibits prejudices, establishes guidelines for women's and children's safety, and regulates facets of the right to food and health. This study shall focus to bring about the role and importance of international Humanitarian Law in protecting and establishing the rights of civilians during the strife and hostilities.
A proposal for the implementation of human rights treaty obligations in armed conflict
2014
This thesis proposes a framework for the application of human rights treaty obligations in extraterritorial armed conflict situations. Traditionally it is International Humanitarian Law ('IHL') that governs the conduct of States during military operations abroad. However the humanitarian desire to increase the protections I would like to thank the Program on Humanitarian Policy and Conflict Research at Harvard University which offered me the opportunity and space to work on my project, and the South Australian Law Foundation for providing the financial support for this visit. Finally, I acknowledge the financial support of the Australian Postgraduate Award and the Zelling Gray Scholarship.
Revista Opinião Jurídica (Fortaleza), 2021
This article aims to revisit the interrelationship between International Humanitarian Law (IHL) and International Human Rights Law (IHRL), in honour of their respective normative scopes and in order to carry out an analysis of their complementary or supplementary application, towards the construction of a more appropriate tool for the protection of human beings in extreme situations, as it occurs during armed conflicts. This is because, amid the multifaceted vulnerabilities that accumulate in today's conflicts, it is essential to provide the most effective source of protection - proportional to the demands for protection that are manifested today, particularly in military occupations around the world, whose occurrence will be the focus of this research. As for the method of approach concerning the logical basis of the investigation, the hypothetical-deductive method was selected, insofar as the corroboration or falsification of the main hypothesis about the effective complementa...
Law as a Tool to Improve the Protection of Civilians in Armed Conflict
Fellow Working Paper - Harvard Kennedy School. CARR CENTER for Human Rights Policy, 2011
Monitoring and investigating is a prerequisite to stop human rights (HR) violations and to prevent new ones. It is a particularly difficult and dangerous task; even more when violations are committed in the middle of protracted armed conflicts (AC). In these situations, HR and International Humanitarian Law (IHL) violations are common and States are not always able and/or willing to put an end to them and to punish their perpetrators. The role of the international community and the civil society is therefore crucial. This discussion paper will touch upon ways, especially legal ones, to improve this fundamental task of monitoring/investigating HR in AC, in general and in particular in Africa.