Topic > International human rights and humanitarian law

IntroductionAlthough there are distinct points of difference, the principles of international human rights law and international humanitarian law overlap on several occasions. It is interesting and informative to understand the differences and similarities in these principles between the two. Differences include the intention behind the wording, the scope of application and the effect on different parties, while similar implementation links include general principles. The researcher attempts to analyze these aspects by first delving into the points of distinction and then moving on to the issues that coincide in both. Ultimately, a conclusion would be reached that encompasses the law as it exists today with respect to both of these areas of law. Differences between IHL and IHRL The main difference between international human rights law and international humanitarian law concerns the topics that each deals with. It is essential to note that, despite common principles such as the protection of human life and the dignity of individuals, international humanitarian law mainly applies outside the sphere of humanitarian law. However, IHL rules deal with many issues that are outside the scope of IHL, such as hostile conduct, combatant and prisoner of war status, etc. There are also some areas that regulate non-wartime issues such as rights governing election or strike that are dealt with by international humanitarian law. The main purpose of international humanitarian law is to guarantee the rights of people affected by national or international armed conflicts. This branch of international law is established through both customary conventions and basically provides a general framework of the rights and duties governing states in times of war. The most important treaties governing international humanitarian law...... half of the document......, Harvard Program for Policy and Conflict Research, available at http://www.hpcrresearch. org/blog/dustin-lewis/ 2012-04-17/understanding-the-fundamental-differences-between-human-and-international-rightsInternational Covenant on Civil and Political Rights, art. 4.Noam Lubell, Challenges in Applying Human Rights Law to Armed Conflict, 860 Int'l. Rev. Red Cross 81 (2005). Yuval Shany and Orna Ben-Naftali, Living in Denial: The Application of Human Rights in Occupied Territories, 37 Isr. L. Rev. 17 (2003-04).Vienna Convention on the Law of Treaties, art. 31 (3) (c).Campbell McLachlan, The Principle of Systematic Integration and Article 31(3)(c) of the Vienna Convention, 54 ICLQ 279 (2005).SHAW FOOTOTELegal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ Reports 2004, ¶¶ 101-106.SHAW FOOTNOTEId.