In order to understand the relationship between international humanitarian law and international human rights law, the foundation, development and overall intention of these separate sets of laws must be explored. International Humanitarian Law or IHL, is a set of international rules that has been established by treaties or customs for the intention of solving the humanitarian problems that arise directly from international or non-international armed conflicts. This universal body of law began in the nineteenth century and due to the long history of warfare is rooted in the principles and customs of ancient civilisations. These rules strike a careful balance between humanitarian concerns and the military requirements of States, who consider
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However, the intention of IHRL is to represent the “universal recognition that basic rights and fundamental freedoms are inherent to all human beings and that every one of use is born free and equal in dignity and rights.” It origins lay in certain human rights declarations such as the French Declaration of the Right of Man and of the Citizen (1789) that was influenced by the ideas of the Enlightenment and the Universal Declaration of Human Rights (1948) that was developed by the United Nations after World War II. The obligation to protect that is inherent in IHRL requires States to protect individuals and groups against human rights abuses at a domestic level. While both IHL and IHRL strive to protect the lives of others, the foundation and historical development of these two laws has led to a distinctive difference in dealing with the problems that affect individuals.
International Humanitarian Law and International Human Rights Law aim to protect human life. Similar jurisdiction that they both cover is the prohibition of torture, prescription of basic rights for persons subject to criminal justice, prohibition of discrimination, the protection of women and children and the regulation of right to food and health. However, the main purpose of IHL is to solve humanitarian problems that are
However, the intention of IHRL is to represent the “universal recognition that basic rights and fundamental freedoms are inherent to all human beings and that every one of use is born free and equal in dignity and rights.” It origins lay in certain human rights declarations such as the French Declaration of the Right of Man and of the Citizen (1789) that was influenced by the ideas of the Enlightenment and the Universal Declaration of Human Rights (1948) that was developed by the United Nations after World War II. The obligation to protect that is inherent in IHRL requires States to protect individuals and groups against human rights abuses at a domestic level. While both IHL and IHRL strive to protect the lives of others, the foundation and historical development of these two laws has led to a distinctive difference in dealing with the problems that affect individuals.
International Humanitarian Law and International Human Rights Law aim to protect human life. Similar jurisdiction that they both cover is the prohibition of torture, prescription of basic rights for persons subject to criminal justice, prohibition of discrimination, the protection of women and children and the regulation of right to food and health. However, the main purpose of IHL is to solve humanitarian problems that are