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What is international well as Conventions on Genocide In principle, IHRL applies at all times,
humanitarian law? (1948), Racial Discrimination (1965), i.e. both in peacetime and in situations
Discrimination Against Women (1979), of armed conflict. However, some IHRL
IHL is a set of international rules, Torture (1984) and Rights of the Child treaties permit governments to
established by treaty or custom, which (1989). The main regional instruments derogate from certain rights in
are specifically intended to solve are the European Convention for the situations of public emergency
humanitarian problems directly arising Protection of Human Rights and threatening the life of the nation.
from international or non-international Fundamental Freedoms (1950), the Derogations must, however, be
armed conflicts. It protects persons and American Declaration of the Rights and proportional to the crisis at hand, must
property that are, or may be, affected Duties of Man (1948) and Convention not be introduced on a discriminatory
by an armed conflict and limits the on Human Rights (1969), and the basis and must not contravene other
rights of the parties to a conflict to use African Charter on Human and rules of international law – including
methods and means of warfare of their Peoples' Rights (1981). rules of IHL.
choice.
While IHL and IHRL have historically Certain human rights are never
IHL main treaty sources applicable in had a separate development, recent derogable. Among them are the right to
international armed conflict are the four treaties include provisions from both life, prohibition of torture or cruel,
Geneva Conventions of 1949 and their bodies of law. Examples are the inhuman or degrading treatment or
Additional Protocol I of 1977. The main Convention on the Rights of the Child, punishment, prohibition of slavery and
treaty sources applicable in non- its Optional Protocol on the servitude and the prohibition of
international armed conflict are article 3 Participation of Children in Armed retroactive criminal laws.
common to the Geneva Conventions Conflict, and the Rome Statute of the
and Additional Protocol II of 1977. International Criminal Court. Who is bound
by these bodies of law?
....and what is international When are they applicable?
human rights law? IHL binds all actors to an armed
IHL is applicable in times of armed conflict: in international conflicts it must
IHRL is a set of international rules, conflict, whether international or non- be observed by the states involved,
established by treaty or custom, on the international. International conflicts are whereas in internal conflict it binds the
basis of which individuals and groups wars involving two or more states, and government, as well the groups fighting
can expect and/or claim certain wars of liberation, regardless of against it or among themselves. Thus,
behavior or benefits from governments. whether a declaration of war has been IHL lays down rules that are applicable
Human rights are inherent entitlements made or whether the parties involved to both state and non-state actors.
which belong to every person as a recognize that there is a state of war.
IHRL lays down rules binding
consequence of being human.
Non-international armed conflicts are governments in their relations with
Numerous non-treaty based principles
those in which government forces are individuals. While there is a growing
and guidelines ("soft law") also belong
fighting against armed insurgents, or body of opinion according to which non-
to the body of international human
rebel groups are fighting among state actors – particularly if they
rights standards.
themselves. Because IHL deals with an exercise government-like functions –
IHRL main treaty sources are the exceptional situation – armed conflict – must also be expected to respect
International Covenants on Civil and no derogations whatsoever from its human rights norms, the issue remains
Political Rights and on Economic, provisions are permitted. unsettled.
Social and Cultural Rights (1966), as