International Humanitarian Law and Human Rights Law: Similarities and differences

					International Humanitarian Law
and Human Rights Law:

Similarities and differences
International humanitarian law & human rights law


           HRL                   IHL

         Sources
         Scope of application
         Rights and obligations
         Application/derogations
         Enforcement
1864 – Geneva Convention (sick and wounded soldiers)
      1868 – Declaration of Saint-Petersburg (certain ammunition)

 1899/1907 – The Hague Conventions (laws & customs of war)
      1925 – Protocol for the Prohibition of the Use of Asphyxiating Gases
      1929 – Geneva Convention (prisoners of war)

1949 – Four Geneva Conventions
      1954 – Hague Convention on the Protection of Cultural Property (and Protocol)
      1972 – Biological Weapons Convention

1977 – Two Additional Protocols to the GC
      1980 – Conventional Weapons Convention (and Protocol I, II, III, IV and V)
      1993 – Chemical Weapons Convention
      1997 – Ottawa Treaty on Anti-personnel landmines

1998 – Statute of the International Criminal Court
      1999 –   Second Protocol to the Hague Convention of 1954
      2000 –   Optional Protocol on the Involvement of Children in Armed Conflict
      2005 –   Protocol III to GCs on additional emblem
      2008 –   Convention on Cluster Munitions
1948 – Universal Declaration of Human Rights
 1966 – Intl Covenant on Civil and Political Rights
 1966 – Intl Covenant on Economic, Social and Cultural Rights

Other universal conventions
      1965 – Elimination of All Forms of Racial Discrimination
      1984 – Elimination of All Forms of Discrimination against Women
      1984 – Prohibition of Torture
      1989 – Rights of the Child
      2005 – Enforced Disappearance
Regional conventions
      1950 – European Convention
      1969 – American Convention
      1982 – African Charter

Soft law …
       Code  of Conduct for Law Enforcement Officials
       Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
      …
International humanitarian law & human rights law


           HRL                   IHL

         Sources
         Scope of application
         Rights and obligations
         Application/derogations
         Enforcement
Scope of application of IHL/HRL

        HRL                            IHL

  At all times                  Situations of armed conflict
 • Derogations in times of      • international armed conflicts
   emergency                    • non-international armed
                                  conflicts



  All individuals within the    Categories of persons affected
   territory / subject to the     by armed conflicts
   jurisdiction of the State     Territory of the parties to the
                                  conflict
      International humanitarian law & human rights law


    HRL                                                                       IHL
           Economic, social
          & cultural rights                              protection and care
                                                        of the wounded & sick
 right to education
                                    right to life
 right to work                                             protection of civilians
                               prohibition of torture
 right family life                                        for the effect of hostilities
                                  & ill-treatment
                                non-discrimination
 Civil & Political Rights      respect of judicial         regulation of means
                                    guarantees             and methods of warfare
    freedom of association
                                          …
    freedom of the press
    freedom of conscience                               providing
                                                        humanitarian relief
International humanitarian law & human rights law


           HRL                   IHL

        Sources
        Scope of application
        Rights and obligations
        Application/derogations
        Enforcement
Scope of application of IHL/HRL

          HRL                        IHL

 States                         States

                                 Armed opposition
                                  groups

                                 Individuals
   (lege ferenda)
 international organizations
 international corporations
International humanitarian law & human rights law


           HRL                   IHL

        Sources
        Subjects of law
        Rights and obligations
        Application/derogations
        Enforcement
Application of human rights law in situations
of armed conflicts

“… As regards the relationship between international
humanitarian law and human rights law, there are thus three
possible situations: some rights may be exclusively matters of
international humanitarian law; others may be exclusively
matters of human rights law; yet others may be matters of
both these branches of international law. In order to answer
the question put to it, the Court will have to take into
consideration both these branches of international law, namely
human rights law and, as lex specialis, international
humanitarian law.”
                         (Legal Consequences of the Construction of a Wall
                   in the Occupied Palestinian Territory (2004), para. 106)
    Scope of application of IHL/HRL

Conflict of rules
   HRL   "displaced" by IHL

Complementary of rules
   HRL   interpreted in light of IHL
      arbitrary   deprivation of life
   IHL   interpreted in light of HRL
      judicial   guarantees
   HRL   fills gaps in IHL (NIAC)
      administrative    detention
   IHL as minimal standards (no derogations
    permitted under IHL)
 No derogations unless explicitly provided
    conditions are met in the rule itself

Art.17 - Prohibition of forced movement of civilians (AP II)

1. The displacement of the civilian population
  shall not be ordered for reasons related to the
  conflict unless the security of the civilians
  involved or imperative military reasons so
  demand. Should such displacements have to be
  carried out, all possible measures shall be
  taken in order that the civilian population may
  be received under satisfactory conditions of
  shelter, hygiene, health, safety and nutrition.
International humanitarian law & human rights law


           HRL                   IHL

        Sources
        Subjects of law
        Rights and obligations
        Application/derogations
        Enforcement
  Monitoring and enforcement mechanisms

             HRL                                 IHL
 Universal / regional HR             Protecting powers
  bodies
 Diplomatic protection               ICRC
                                      IHFFC (Fact-finding
                                       Commission)

 (Individual) reparation/            (State) reparations/
  compensation                         compensation

 Individual criminal                 Individual criminal
  responsibility (limited):            responsibility: war crimes
  torture, crimes against humanity
ICRC

				
DOCUMENT INFO
Description: As regards the relationship between international humanitarian law and human rights law, there are thus three possible situations: some rights may be exclusively matters of international humanitarian law; others may be exclusively matters of human rights law; yet others may be matters of both these branches of international law. In order to answer the question put to it, the Court will have to take into consideration both these branches of international law, namely human rights law and, as lex specialis, international humanitarian law.