This article has been written by Shikha Jain, a 1st year student of Maharashtra National Law University, Mumbai.
Abstract
To better understand how international humanitarian law (IHL) and international human rights law (IHRL) interact in armed conflicts, this article examines the definition and application of IHRL. It explores the development of IHRL, how it has been used in current conflicts, obstacles to its successful application, and ways to make its role stronger. The article emphasises how complementary IHRL and IHL are to one another and how their integration is necessary to give people complete protection during armed conflicts.
Keywords
International Human Rights Law, International Law, International Humanitarian Law, Human Rights Violations, Legal Protection, Armed Conflicts, Legal Frameworks
Objectives
- To define the core objectives of international human rights law (IHRL) concerning defending people’s freedoms and innate dignity.
- To investigate how IHRL has changed over time concerning armed conflicts, emphasising significant historical advancements and turning moments.
- To examine current instances of IHRL use in armed conflicts to show how flexible it is in light of current issues.
- To evaluate how well IHRL protects people during armed conflicts, taking into account elements like international cooperation, state willingness, and enforcement methods.
- To pinpoint the obstacles preventing IHRL from being fully implemented in armed conflicts and suggest tactics to fortify its position, such as improving accountability systems and fostering stakeholder collaboration.
Introduction
Crafted as a vital legal framework, international human rights law (IHRL) is a global defender of individuals’ fundamental liberties and inherent dignity. This paper delves into the developmental trajectory of IHRL in armed conflicts, underscoring its interconnectedness with International Humanitarian Law (IHL) and advocating for their seamless integration. Key documents, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), serve as the bedrock of IHRL.
Definition and Scope of International Human Rights Law
The objective of International Human Rights Law (IHRL) is to protect people’s fundamental freedoms and inherent dignity by creating a comprehensive legal framework of international norms and standards. The International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and the Universal Declaration of Human Rights (UDHR) are fundamental documents that together form the basis of IHRL.
IHRL functions without a hitch during armed conflicts, erasing the boundaries between peace and war. Its main goal is to ensure that the states honour their commitments under human rights law, no matter the circumstances. The freedom from torture and inhumane treatment, as well as the rights to life, liberty, security of person and the right to a fair trial, are among the fundamental rights safeguarded by IHRL in these situations.
IHRL is a body of international legal standards and guidelines that aims to uphold and advance people’s fundamental liberties and rights, irrespective of their nationality, ethnicity, or other status. The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights are just a few of the international instruments that uphold this body of law. It applies to every person under a state’s jurisdiction, even in times of armed conflict.
To advance and defend human rights, IHRL includes a wide range of norms and standards at the international, regional, and national levels. Treaties, general principles, customary international law, and other legal sources that collectively address people’s rights and freedoms fall under this category. To put it simply, IHRL is an essential tool for promoting equality, justice, and dignity.
Evolution of International Human Rights Law
The evolution of international human rights law in the context of armed conflicts has been marked by significant historical developments and turning points. There has been a noticeable increase in the recognition of the importance and practicality of human rights law during times of armed conflict. This development has played a significant role, closely tying to the creation of essential agreements and treaties that revolutionised the formulation of international human rights law concerning armed conflicts.
A significant historical turning point was the aftermath of World War II when the horrors of the fighting forced the international community to create a robust framework to defend fundamental rights. Adopted in 1948, the Universal Declaration of Human Rights (UDHR) is a seminal document that outlines the necessary freedoms and rights to which every person is entitled, regardless of the nature of the conflict in which they find themselves. This seminal document established the foundation for acknowledging the applicability of human rights everywhere, even in the most precarious situations.
In the following decades, significant conventions that addressed human rights issues in armed conflicts were developed and codified. The 1949 Geneva Conventions and their 1977 Additional Protocols, for example, established the rights of civilians and combatants in times of war and solidified the foundations of humanitarian law. These tools were an essential combination of efforts to lessen the psychological effects of war on people and provide a foundation for the compassionate care of those impacted.
The shape of human rights law in armed conflicts has also been greatly influenced by international jurisprudence, as demonstrated by famous cases heard by international tribunals. In addition to clarifying legal principles, rulings from organisations like the International Criminal Court (ICC) and the International Court of Justice (ICJ) have also established precedents that emphasise the responsibility of both states and individuals for human rights violations during armed conflict.
In response to the complexity of modern conflicts, international human rights law in armed conflicts has evolved through a dynamic and iterative process. It highlights the determination of the global community to protect human rights as an uncompromising norm, even in the face of hardship. Ensuring the effective implementation and enforcement of these rights is a constant challenge as the legal landscape changes, working to create a world where human dignity is protected without wavering—even in the turbulent arena of armed conflicts.
Applications of IHRL in Armed Conflicts
Recent examples, such as its implementation in several armed conflicts, demonstrate how International Human Rights Law (IHRL) flexibly addresses modern issues. For example, claims of widespread violations of human rights in Syria, including extrajudicial killings, torture, and arbitrary detention, drew international attention. The United Nations Human Rights Council formed an impartial commission of investigation to investigate these violations, emphasising the vital role that IHRL plays in holding those engaged in the conflict accountable.
Similarly, in the Israeli-Palestinian conflict, International Human Rights Law (IHRL) has been essential in addressing the right to self-determination, freedom of movement, and civilian protection. The ongoing investigation into alleged war crimes in the region by the International Criminal Court (ICC) highlights the relationship between IHRL and accountability mechanisms in armed conflicts.
In times of armed conflict, IHRL is still relevant because it guarantees the defence of people’s inherent rights and dignity, including those of affected civilians, detainees, and others. Recent examples from Ukraine show how the IHRL is applicable in the face of occupation and armed conflict, upholding its mission to protect fundamental rights during difficult circumstances.
Effectiveness of IHRL in Protecting Individuals
The security of individuals during armed conflicts under International Human Rights Law (IHRL) is contingent upon several factors, including the willingness of states to carry out their obligations, the effectiveness of enforcement mechanisms, and the cooperation of the international community. IHRL offers a normative framework, but it is only through actual application that it gains true significance.
States that prioritise national security over human rights face significant challenges in striking a delicate balance between the need to protect fundamental rights and the imperative to maintain order during armed conflicts. This dynamic tension highlights the difficulties in balancing seemingly incompatible interests.
Inherent in both International Humanitarian Law (IHL) and IHRL, the principle of proportionality aims to reconcile these conflicting objectives. The real-world implementation of this idea is still complicated. A nuanced approach is needed to strike a balance between the need to uphold human rights and the necessity of maintaining order. In addition to legal commitment, effective collaboration between states, international organisations, and the larger global community is necessary for the successful implementation of IHRL.
Furthermore, states must be prepared to put human rights first, even in difficult situations. The fragile balance between upholding order and upholding fundamental rights becomes even more unstable in situations where national security concerns take precedence. Seeking this delicate balance draws attention to the continuous initiatives to strengthen the usefulness of IHRL in the complex context of armed conflicts.
States, international organisations, and civil society must work together and engage in constant communication to successfully navigate these complexities. The implementation of a secure and efficient enforcement system in conjunction with the promotion of an international human rights culture serves to augment the effectiveness of IHRL in safeguarding individuals amidst armed conflicts.
Challenges and Avenues for Strengthening IHRL in Armed Conflicts
Various obstacles impede the complete implementation of International Human Rights Law (IHRL) in armed conflicts. Enforcing human rights obligations can pose challenges when non-state actors, frequently engaged in modern conflicts, are not directly bound by international treaties. The politicisation of human rights concerns and the selective application of IHRL by states further hinder its efficacy.
To strengthen the role of IHRL in armed conflicts, a multifaceted strategy is necessary. Strengthening collaboration between international organisations, governments, and civil society can promote the enforcement of human rights standards. For those who violate human rights to be held accountable for their actions, accountability systems must be strengthened, with specific attention paid to the International Criminal Court (ICC).
In addition to increasing the impact of IHRL, fostering a smooth collaboration amongst stakeholders promotes a more comprehensive and efficient response to the challenges presented by armed conflicts. The international community can make significant progress towards ensuring that IHRL becomes a steadfast defender of human rights, even in the complex context of armed conflicts, by addressing these obstacles head-on and strengthening accountability mechanisms.
Intersection and Complementarity of IHRL and International Humanitarian Law
International Humanitarian Law (IHL) particularly regulates the behaviour of parties involved in armed conflicts, whereas International Human Rights Law (IHRL) provides a general framework for safeguarding individuals’ rights. The Geneva Conventions and their Additional Protocols, which emphasise the humane treatment of civilians and combatants while drawing boundaries between military and civilian targets, are the cornerstones of international humanitarian law.
When armed conflicts lead to widespread human rights violations, the interaction between IHRL and IHL is made clear. IHRL is a supplement to IHL that fills in protection gaps and guarantees that people’s rights continue even during conflict. A prime example of how these legal frameworks intersect to preserve human dignity is the prohibition against torture, which is a right protected by both IHRL and IHL.
Despite being separate legal systems, IHRL and IHL are complementary. IHL protects individuals impacted by armed conflicts by addressing the behaviour of those involved. On the other hand, the IHRL, which outlines fundamental rights and freedoms that must be respected and upheld, operates constantly, even during armed conflicts. Individuals in conflict situations are guaranteed complete legal protection when IHRL and IHL are applied simultaneously.
Bridging Legal Frameworks: The Need for Integration
Integrating International Human Rights Law (IHRL) and International Humanitarian Law (IHL) is essential to provide individuals with comprehensive protection during armed conflicts. Although IHL outlines particular safeguards during armed conflicts, IHRL upholds peoples’ fundamental rights and liberties, completing the protective range of IHL. The complementary relationship of the two legal frameworks is essential to building an enduring barrier against human rights violations in conflict areas.
In cases where the IHL and IHRL provisions conflict, applying the “lex specialis” principle becomes crucial. This principle highlights the necessity of harmonising the interpretation and application of the two legal frameworks to guarantee that the protections provided by IHRL and IHL complement one another. This cooperative programme optimises the potential for safeguarding individuals’ rights and dignity during the complexities of armed conflicts.
Moreover, recognising the interdependence between IHRL and IHL emphasises the significance of a flexible and dynamic legal system. The integration of these frameworks emphasises a dynamic and practical approach to addressing the complex challenges posed by armed conflicts, going beyond theoretical considerations. IHRL and IHL working together to promote human rights and dignity under the most trying conditions results in a more comprehensive and efficient defence mechanism.
Conclusion
Finally, it is emphasised that the efficacious protection of people during armed conflicts depends on the fundamental integration of International Human Rights Law (IHRL) and International Humanitarian Law (IHL). This essay has looked at the evolution of IHRL, how it relates to IHL and the fundamental role that important agreements like the UDHR, ICCPR, and ICESCR have played. The proactive cooperation between IHRL and IHL guarantees a secure defence system and promotes a world in which human dignity endures in the face of complex armed conflicts. The more these legal frameworks are bridged and integrated, the better people’s fundamental rights and liberties are protected, especially when people conflict.
References
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