Link between international humanitarian law and international HR law.


one has to draw on practitioners

lecture at the university of Indonesia.

I C T F Y ”general principle of respect for human dignity is the underpinning and the very raison d etre for intl h r law”

linkages between intl humanitarian law and intl HR law

protection of person, family, prohibition of torture.

definitions. human rights law deals with inherent rights of individual to be protected at all times from state power

humanitarian law is the laws of war – regulating conduct of parties to a conflict both state and non state

HR law has been seen to apply only too state

humanitarian law calls for a fair and balanced approach to conflict


HR Law is about balance between individuals and the state

HR law allows derogations’\\

humanitarian law does not since it only applies in exceptional circumstances


huamniatarian law has no indiviudla locus standi

HR law has individual complaints mechanism – remedy and reparations and investigation

HR Law has more sophisticated macheinery for monitroing and enfiiorcmenet

more than

intl humanitarian law

humanitarian law is most defined when ti comes to war

I C Red cross have to deal with these issues daily

armed forces have little control over the situation

HR Law enforcement presupposes a significant degree of control

occupation –

I H L  does not question the existence of massive violence but presumes it. It does not seek to alter it but to ensure that it is conducted with a respect for humanity. That seems paradoxical. It sits ill at ease with HR

”unlike HR law the law of war allows or at least tolerates the killing  and wounding of innocent human beings not directly participating in an armed conflict such as civilian victims of lawful collateral damage. It also allows the confinements of people not convicted. It allows an occupying power to use internment. It limits the appeal rights of detained persons. It permits far reaching restrictions on freedom of expression and assembly.”

–     Theofore Mayron American academic

aggressive war may be against HR

If IHL went too far then it would be disregarded

HR by their nature protect their person

this includes situations of conflict. such rights become v important in situations of vulnerability

whilst violating I H L means breaking HR the same is not necessarily true in reverse

HR law is broader than I H L

HR is recgnsing indivudual standing

it does not afford higher protection to individuals and are balanced against the rights of others. they are limited for security reasons

IHL has more individual protection such as notification of detentions under Geneva Convention and families to know fate of missing relatives. better than HR on these issues

asymmetrical conflict has thrown up an array of responses to it. Legal clarity is urgent

how two bodies came together.

HR of individual is a subject of intl concern. This has been a vital step forward since 1945. before that this was constitutional and only a domestic issue


IHL was only on inter state relations and reciprocal responsibilities





About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s