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Essay / International Human Rights and Humanitarian Law
IntroductionAlthough there are distinct points of difference, the principles of international human rights law and international humanitarian law overlap in many ways. It is both interesting and informative to understand the differences and similarities of these principles between the two. The differences include the intention underlying the wording, the scope of application and the effect on the different parties, while the underlying enactment links include general principles. The researcher attempts to analyze these aspects by first delving into the points of distinction and then moving on to questions that coincide in both cases. Finally, one would arrive at a conclusion encompassing the law as it exists today in these two areas of law. Differences between IHL and IHRL The main difference between international human rights law and international humanitarian law lies in the topics that each of them covers. It is essential to note that despite common principles such as the protection of human life and the dignity of individuals, IHL applies primarily outside the sphere of humanitarian law. However, the rules of IHL address many issues that fall outside the scope of IHRL, such as the conduct of hostilities, combatant and prisoner of war status, etc. There are also some areas governing non-wartime issues, such as rights governing elections or strike action, which are covered by international humanitarian law. The main objective of IHL is to guarantee the rights of individuals affected by international or national armed conflicts. This branch of international law is established by either customary conventions and essentially provides a set of rights and duties governing states in times of war. The most important treaties governing international humanitarian law... middle of article......, Harvard Program for Policy and Conflict Research, available at http://www.hpcrresearch.org/blog/dustin-lewis / 2012-04-17/understand-the-main-differences-between-human-rights-and-international-hInternational Covenant on Civil and Political Rights, art. 4.Noam Lubell, Challenges of Applying Human Rights Law to Armed Conflict, 860 Int'l. Reverend Red Cross 81 (2005). Yuval Shany and Orna Ben-Naftali, Living in Denial: The Application of Human Rights in the Occupied Territories, 37 Isr. L.Rev. 17 (2003-04). Vienna Convention on the Law of Treaties, art. 31(3)(c). Campbell McLachlan, The Principle of Systematic Integration and Article 31(3)(c) of the Vienna Convention, 54 ICLQ 279 (2005). SHAW FOOTOTELegal consequences of the construction of a wall in the occupied Palestinian territory Territory, advisory opinion, ICJ Reports 2004, ΒΆΒΆ 101-106.SHAW FOOTOTEid.