1 Whilst examine the origin of Human Rights to the World The UN

1. Whilst examine the origin of Human Rights to the World, The UN Charter has been the major international institution made the initiative to develop the International Human Rights Law in order to protect human rights through the rule of law. However, later League of Nations has emerged as separate minority protection treaties and as state declarations, guaranteeing the protection of the rights of minorities, with the performing a supervisory role over the obligations. 2. Further, private endeavors also sought and did attempt both within and outside the League of Nations to recognition of an international Human Rights legal system. As a result of those efforts, in 1929, the Institute of International Law, which is a private body of renowned authorities on international law in Europe, Americas and Asia, adopted the declaration of the Rights of a Man. With that, Human Rights came in to society with legal frame in order to abide by all mankind in the society. (Schindler, 1979). WHAT IS INTERNATIONAL HUMAN RIGHTS LAW?3. As per the definition of International Committee of the Red Cross (ICRC), International human rights law is ‘a system of international norms designed to protect and promote the human rights of all persons’ (ICRC, 2003). These rights are inherent in all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status which are interrelated, interdependent and indivisible. These rights are often articulated and guaranteed by the law, in the form of treaties, customary international law, general principles and soft law. Human Rights encompass both rights and obligations. Therefore, International human rights law indicates the obligations of a State to act in certain ways or to refrain from certain acts, in order to promote and protect those human rights and fundamental freedoms of individuals or groups. In other words, States will be plays a vital role in ensuring Human Rights of people in a country and has a responsibility to ensure the same without violation. 4. In order to ensure the law establishment, they have to be described clearly in a manner that responsible parties to adhere. As such, these laws have been described as Universal declaration. Further, these laws have been mentioned as number of international Human Rights treaties and in customary international law. 5. Though there are many treaties have design the laws, there are mainly two laws have established in the world to monitor the Human rights at a society. They are;a. International Humanitarian Law (IHL)b. International Human Rights Law (IHRL)6. Basically these two laws are designed to protect the lives, health and dignity of individuals, in different angles. As per the ICRC, these two bodies of law aim to ‘protect human life, prohibit torture or cruel treatment, prescribe basic rights for persons subject to a criminal justice process, prohibit discrimination, comprise provisions for the protection of women and children, regulate aspects of the right to food and health’(ICRC, 2003). But, there are many similarities and differences in these two law whilst applications. SIMILARITIES AND DIFFERENCES BETWEEN HUMANITARIAN LAW AND HUMAN RIGHTS7. The differences of these two laws can be described in many ways. However in simply it can describe as that; the International Humanitarian Law (IHL) has often been taken to apply predominantly at state level, while International Human Rights Law (IHRL) applies to individuals. 8. In further explanation it can describe as that ‘Human Rights provisions seek to guarantee every individual in peacetime to respect of his freedoms and to protect him against abuse by the authorities responsible to him. But, Humanitarian law is designed especially for situations of armed conflict. Therefore, it lays down norms appropriate to such situations, such as governing the conduct of hostilities and the sheltering and helping the wounded and the sick personnel’ (UNHR, 2011). 9. Also, Humanitarian law states categories of persons protected, such as the wounded and prisoners of war. But, Human Rights apply to all individuals, without attaching a particular status to them. The latest development in humanitarian law is that while retaining the specific features due to the circumstances, it’s moving towards a system similar to Human Rights that is to protect all non-combatants (UNHR, 2011).10. Though the situation is such, these two legal systems are quite separate. Each system consists with its own objectives remains independent and does not affect each other materially. But when it consider in a war (Armed conflict) situation, sometimes the Human Rights procedures remain valid for some extend and may act accumulatively with humanitarian law. However, Human Rights provisions are imbedded in rights relating to persons, freedom, safety, whether in time of peace or in time of Armed Conflict apart to the IHL which is mostly relevant to an Armed Conflict. AN ARMED CONFLICT AND APPLICABILITY OF HUMAN RIGHTS IN AN ARMED CONFLICT11. As per the description given by the United Nation Human Rights Office of the High Commissioner, “Before the WWII, the states were either peace or war. According to this situation, international law was also divided in to two parts as ‘law of peace’ or ‘law of war’. This legal division was concerned after 1945 when UN charter was implemented which restricted the rights to wage a war by states. Self -defence or enforcement actions, especially they are protracted may be distinguishable from war but in law they are more restrained in the manner in which they may be conducted. To cover all the situation the generic terms ‘Armed conflict’ is now used instead of war in the various conventions, Protocols and UN documents” (UNHR, 2011). 12. As per the explanation in previous paragraphs, the International Human Rights Law (IHRL) is established by either several treaties, derived from the customary practice of States or in resolutions/guidelines issued by international organisations. However, whilst seeking the application of HR in an Armed conflict, the main treaty sources of IHRL relevant to an armed conflict are the International Bill of Rights (Universal Declaration of Human Rights 1948 (UDHR), International Covenants on Civil and Political Rights 1966 (ICCPR) and Economic, Social and Cultural Rights 1966 (ICESCR)) and Conventions relating to Racial Discrimination 1965, Discrimination against Women 1979, Torture 1984, and Rights of the Child 1989. Also, Regional instruments such as the European Convention on Human Rights (ECHR) are also increasingly important in expanding the applicability of IHRL norms in the theatre of war, for instance, in respect of extraterritorial application. Further, a number of fundamental rights have guaranteed by IHRL via treaty corresponds to the rights of combatants and civilians protected by IHL (Legal factsheet- Democratic progress institute, 2014). 13. With all treaties and Laws, IHRL can be found as a complementary and reinforcing source of obligations on parties to armed conflict or belligerent occupation. There basically five rights can be identified commonly in human rights legislation which are namely as ‘rights’ involving to an Armed conflict; those are – ‘right’; a. to lifeb. to personal liberty and security and a fair trial.c. to respect for private and family lifed. to freedom of thought and religione. to freedom of expression.(Mil. L. & L. War Rev. 347, 2000)14. In explaining the aforesaid rights which are related to an Armed conflict can be describe as follows; a. Right to life. In the context of armed forces, this right extends not only to the circumstances in which it may be permissible to take life in the course of military operations, but also to the duty to protect life (Mil. L. & L. War Rev. 347, 2000)..b. Personal Liberty and Security and a Fair Trial. The right to personal liberty is inevitably subject to exceptions, in order to permit suspected offenders to be brought before a court and to allow those convicted to be given custodial sentences when appropriate. However, what may be entirely appropriate for civilian suspects and offenders may not meet the special needs of the armed forces (Mil. L. & L. War Rev. 347, 2000).c. Respect for Private and Family Life. Servicemen the world over accept that their enjoyment of normal private and family life must inevitably be affected by the requirements of their profession to a greater extent than those in civilian employment. In the area of personal relationships, and in particular on the question of homosexuality, there is a “wide variety of official positions and legal arrangements evolving from local legal and political circumstances and ranging from a formal prohibition of all homosexual activity to administrative arrangements (Mil. L. & L. War Rev. 347

Our dedicated nursing writer will craft your paper of
any complexity
FOR YOU

just from only $13.90/page


order my paper

Leave a Reply

Your email address will not be published.

x

Hello, dear nurse!

We are happy to help with your assignment, so please place your order using the link below!

Click here to proceed