Relationship Between Humanitarian Law And Public International Law Pdf

relationship between humanitarian law and public international law pdf

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What is International Humanitarian Law? International humanitarian law IHL is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare.

Understanding IHL

Customary international humanitarian law is a body of unwritten rules of public international law , which govern conduct during armed conflict. Customary international law , like international treaty law , is recognized as a primary source of public international law. War is as old as mankind and so, in a sense, is IHL. Customary international humanitarian law complements the protection provided by international humanitarian treaty law in situations of armed conflict. International treaty law only binds States which are party to a particular treaty; customary international law, on the other hand, is, in general, binding on all States. And while some international humanitarian law treaties, such as the Geneva Conventions, are today universally ratified, this is not the case for all treaties. Furthermore, many of today's armed conflicts do not take place between States but are of a non-international character.

International humanitarian law IHL , also known as the laws of war or the law of armed conflict, is the legal framework applicable to situations of armed conflict and occupation. As a set of rules and principles it aims, for humanitarian reasons, to limit the effects of armed conflict. IHL is a part of public international law. Public international law is a broad set of treaties, customary law, principles and norms. The framework traditionally regulated relationships only between States. It has evolved, however, to cover a broad range of actors. IHL is notable in this regard, as it recognizes obligations for both States and non-State armed groups that are parties to an armed conflict.

International humanitarian law

The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender.

What is IHL? When does it apply? Is IHL different from human rights law? Who has responsibilities under IHL? International humanitarian law IHL outlines the limitations, restrictions and prohibitions of parties engaged in armed conflict, both international and non-international.

International humanitarian law IHL is a branch of public international law. To fully understand how IHL works and operates, it is important to understand the basic structures, principles and rules of public international law. Public international law is a combination of rules and customs governing relations between states in different fields, such as armed conflict, human rights, the sea, space, trade, territorial boundaries, and diplomatic relations. The United Nations Charter sets out the fundamental principles of modern public international law, notably:. States are the primary subject of international law. However, international law can also regulate the actions of other entities, namely: international organisations, non-state actors including national liberation movements and individuals , international non-governmental organizations, and multinational companies.


More than twenty years ago the relationship between the law of armed conflict or international humanitarian law (IHL) and human rights law was a matter of academic Meyrowitz, 'Le Droit de la Guerre et les droits de l'homme', Revue du Droit Public et de la Science jfq_pubs/pdf (last visited 21 October ).


Public International Law

International humanitarian law IHL , also referred to as the laws of armed conflict , is the law that regulates the conduct of war jus in bello. The international humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It is designed to balance humanitarian concerns and military necessity , and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering. Serious violations of international humanitarian law are called war crimes.

International humanitarian law IHL , also referred to as the laws of armed conflict , is the law that regulates the conduct of war jus in bello.

The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law

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Public International Law

International Humanitarian Law is that part of Public International Law which is primarily concerned with the rules and regulations that should be followed during an armed conflict. In a nutshell, humanitarian law is concerned with the protection of people who not a part of the hostilities of war and also with the warfare techniques employed by the States who are at war. The growing humanitarian concerns of the late 20 th and present 21 st century have posed concerns arising due to armed conflicts which have been the reason for humanitarian law gaining considerable importance in recent times. The Committee of Red Cross ICRC , in the wake of these concerns, has set up rules and regulations which would be binding on the States, in order to resolve the consequences of war irrespective whether they are international or internal to a particular State.

As one of the oldest substantive areas of regulation under international law, international humanitarian law IHL has played a prominent role in many of the key developments in international law.

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