Understanding International Humanitarian Law and Human Rights Law

International Humanitarian Law (IHL) and Human Rights Law (HRL) are two important areas of international law. Even though they are different, they work well together. Knowing how they differ helps us understand how they function, especially during wars.

1. When Do They Apply?

• International Humanitarian Law (IHL):

  • This law is important during times of armed conflict, like wars, whether between countries or within the same country.
  • Important documents include the Geneva Conventions from 1949.
  • IHL aims to protect people who aren’t fighting, like civilians and medical workers. It also sets rules for how wars should be fought.

• Human Rights Law (HRL):

  • This law applies all the time, even during peace. It focuses on protecting people’s rights and freedoms.
  • Key documents include the Universal Declaration of Human Rights from 1948.
  • HRL covers many rights, such as the right to live, the right to express oneself, and the right to be free from torture.

2. How Is Each Law Set Up?

• IHL is created through treaties and laws that focus on how wars are fought and how people are treated in war. As of 2021, 196 countries are part of the Geneva Conventions, showing many countries agree with these rules.

• HRL comes from many different national and international laws. By June 2021, 173 countries had agreed to the International Covenant on Economic, Social, and Cultural Rights, showing a commitment to human rights.

3. How Are They Enforced?

• For IHL:

  • The enforcement usually happens through international organizations, like the International Criminal Court (ICC) and special war crimes courts.
  • Breaking IHL can lead to charges of war crimes against individuals, not just countries.

• For HRL:

  • Enforcement mainly happens in national courts, regional courts (like the European Court of Human Rights), and United Nations systems.
  • People or groups can file complaints against countries that are accused of breaking human rights laws, which draws international attention.

4. What Are Their Goals?

• IHL aims to reduce the harm caused by war. Its main ideas are:

  • Distinction: Keeping combatants separate from civilians.
  • Proportionality: Making sure that harm to civilians isn’t too much compared to the military advantage gained.
  • Necessity: Only using force when it’s truly needed for a military goal.

• HRL aims to ensure that everyone has dignity, freedom, and equality. Its core ideas include:

  • Universality: Everyone has rights, no matter where they come from or who they are.
  • Indivisibility: Every type of right—like civil, political, economic, or social rights—is equally important.

5. How Do They Work Together?

Even though IHL and HRL are different, they can overlap during wars. For instance, the right to life from HRL is still important during conflicts, affecting how IHL rules are applied about how to treat combatants and civilians. If IHL doesn’t offer enough protection, HRL can help strengthen those rules.

In short, International Humanitarian Law and Human Rights Law play different roles, have different rules, and are enforced in different ways. However, together they help protect human dignity during both war and peace.