difference between International Humanitarian Law (IHL) and International Human Right Law,

-

1.  International Humanitarian Law(IHL) is the rule or principles agreed by a state to regulate conflict and protect people who participate and whose who are not participating in war, normally it prohibit or restrict means and method of war fair. According to Jean Pictet[1] who defines the International Humanitarian Law that "is the body of law which is inspired by a feeling of humanity and is centered on the individual at the time of war". And International Human Right Law (IHRL) is the branch of international law which is to maintain all human right during hostilities and time of peace.
The following are the difference between International Humanitarian Law (IHL) and International Human Right Law,
       International Humanitarian Law(IHL) and International Human Right Law(IHRL) is different in term of application, where by International Humanitarian Law, in all cases of declared war or of any other armed conflict or all cases of partial or total occupation of the territory of a high contracting party which is provided under Article 2 of Geneva Conventions. BUT in International Human Right Law is designed to govern in peace time and in armed conflict in limited.
Examples of the case of International Human Right Law, Democratic Republic of Congo V. Uganda case finds that Uganda by violating the principle of the non-use of force in international relations and of non intervention it violated the both International Human Right Law (IHRL) and International humanitarian Law. And that is violated other obligations owned to the Democratic Republic of the Congo. The decisions of International Court of Justice (ICJ) clarify that Human Right Law apply both in peace time and in conflicting time.
International Humanitarian Law (IHL) treaties is wider in compare to International Human Right Law (IHRL) treaties. The International Humanitarian Law treaties are mainly international in nature like all Geneva Conversions of 1949. But International Human Right Law treaties are international or regional; example "international covenant on civil and Political Rights 1966" is an International document where as the "European Convention for the protection of human right and fundamental freedoms 1950" in region convention.
International Human Right Law (IHRL) aim to establish and maintain the democracy and the rule of law in the society. They are legally founded and based on the grantees of freedom and on the welfare of the human person, developing especially in time of peace. On the other hand International Humanitarian Law seeks to promote civilized behavior in conducting conflicts. It aims to limit effects of the armed conflicts by imposing restrictions to choose means and methods of warfare[2]
Regarding use of force, International Humanitarian Law(IHL) permits the combatants to use forces against the enemy combatants during the conflict, even it allow to kill the persons who take direct part in the hostilities with a view to weaken opposed party until they surrender or otherwise horse de combat. But International Human Right Law (IHRL) usually does not permit use of force exception, but the right to life most important right cannot be taken away even in an exceptional situation also.
Its origin, International Humanitarian Law (IHL) traced in the rule of accent civilized and rules of religion, 19  century universal confiscation of International Humanitarian Law(IHL) rules or principles by state and traced also from the memory of the person Solferino and Henrey Dunant. On other hand International Human Right Law (IHRL) has developed from Democratic revolutions of the late eighteenth century, have always been revolutionary, outrageous in its inception, inspired the existing state order.
The following are the similarities between International Humanitarian Law (IHL) and International Human Right Law,
Both International Humanitarian Law (IHL) and international Human Right Law(IHRL) developed with the objections concerned with the protection of life, heath and dignity. Where by International Humanitarian Law applies in armed conflict while International Human Right Law applies at all time in peace and in war.
Both International Humanitarian Law (IHL) and International Human Right Law(IHRL) is the branch of international law guarantee respect for the life ensuring physical and mental well being[3].
The state have responsibility to implement both International Humanitarian Law(IHL) and international Human Right Law(IHRL), for the proper implementation of International Humanitarian Law(IHL) state are the main organ for taking necessary steps of legal and practical both in peace and in conflict. On the other hand to implement International Human Right Law(IHRL) the state is to take immediate and progressive measure including making legislation establishing separate judicial body taking administrative action.
Both regarding trial of the violation of either International Humanitarian Law(IHL) or International Human Right Law(IHRL), under International Humanitarian Law if any one violate it can be prosecuted before the domestic tribunal shows its unwillingness to this matters or domestic court or tribunal exist, other side International Human Right Law can be enforced by the national court and international mechanisms.
Both International Humanitarian Law (IHL) and international Human Right Law(IHRL) regulate international matters.
Generally, both two International Humanitarian Law(IHL) and International Human Right Law(IHRL) are important because both work for the protection the human being and dignity and have their similarities but both maintain some differences mainly regarding their scope of application, objects of protection, derogatory principle, enforcement systems and the use of force and responsibilities of the state, universality, sources and evolution, individual criminal responsibilities, implement mechanism and so on.
2.         International Humanitarian Law (IHL) is the body of documented or undocumented rules which are applied in the international and armed conflict with a 1view to reduce the sufferings of the victims of the armed conflict and to protect those who do not no longer taking part in the hostilities. And International Criminal Law (ICL) is the body of public international law designed to prohibit certain categories of conduct commonly viewed as atrocities and to make perpetrators of such conduct criminally accountable for their perpetrations. International Criminal Court (ICC) use Rome statute as the primary source of law.
The following are the similarities between International Humanitarian Law (IHL) and International Criminal Law (ICL),
Both International Humanitarian Law(IHL) and International Criminal Law(ICL) share it's sources, the sources are like treaty law, customary international law, general principle of law, judicial decisions, learned writings, subsidiary sources. Sources of International Humanitarian Law(IHL) and International Criminal Law(ICL) are the same.
Both International Humanitarian Law (IHL) and International Criminal Law(ICL) are the branch of international law and function internationally.
Both International Humanitarian Law(IHL) and International Criminal Law(ICL) it's law bind the state which is participant to the treat but customary law bind all state, this customary law are like human trafficking.
Both International Humanitarian Law(IHL) and International Criminal Law(ICL) established to ensure dignity and right to individual and state.
Both International Humanitarian Law (IHL) and International Criminal Law (ICL) include law, procedures and principle deleting to mode of liability, defense evidence, court procedure, sentencing, victim participations, mutual legal assistance and cooperation issues. Each of these topics will be addressed in this material.
The following are the difference between International Humanitarian Law (IHL) and International Criminal Law (ICL),
         International Humanitarian Law (IHL) deal with regulating the conflict and protect the people who participate and both who do not participating in hostilities. On other hand International Criminal Law (ICL) was developed to ensure that those who violate international humanitarian law are brought to account.
International Humanitarian Law (IHL) functions only the time of conflict. On other hand International Criminal Law (ICL) function all the time because crimes can occur all the time during the conflict and time which there is no conflict, like drug trafficking.
International Human Law (IHL) is wider than International Criminal Law (ICL), not all violations of International Humanitarian Law constitute war crimes. The violation may be classified as war crimes thought customary law.
Therefore, International Humanitarian Law (IHL) use the international court of justice to solve the international matters and International Criminal Law (ICL) its matter are solved to International Criminal Court (ICC). All international cases of humanitarian and criminal cases are solved to the international Courts.



















                             REFERENCES.
                              Books,
•Shaw,M.N., INTERNATIONAL Law(Cambridge University Pres, 2008)
•Rehman, J. INTERNATIONAL HUMAN RIGHT LAW (2d Ed.) (Oxfordian,  2009).

                     STATUTES,
•The Geneva Conventions of 12 August 1949.

               Online sources,
•https://www.icrc.org>war- and-law. On Thursday, at 12:25.
•the commonwealth.org>files>online. On Thursday, at 17:11.


[1] Jean Pictet
[2] Cristina and spateru-negura).
[3] (srinivas, 2009, 29)

Comments

Post a Comment

Popular posts from this blog

International Law

-
    International Law The body of law that governs the legal relations between or among states or nations.To qualify as a subject under the traditional definition of international law, a state had to be sovereign: It needed a territory, a population, a government, and the ability to engage in diplomatic or foreign relations. States within the United States, provinces, and cantons were not considered subjects of international law, because they lacked the legal authority to engage in foreign relations. In addition, individuals did not fall within the definition of subjects that enjoyed rights and obligations under international law. so there are two types of international law which are public and private international law. Public International Law: Public International laws have been designed to examine the relationships between the countries and states and they govern the binding rules of the international community to avoid any dispute. Public International laws genera...
Read more
-
Image
 HARMORAPA   Since Artist Harmorapa has entered the music to start to be compared to an artist Harmonize, every time the rapper has been entered on the 'headline' wide and discussed by many artists the biggest in the country, others were pleased with his actions while others mocked him and see that he deserves to be a musician. He started as a joke has to be compared with the bright label WCB minor then starts to penetrate into the ears of love entertainment. We are referring here HarmoRapa  is predicted to major in music of bongo Fleva Time here. His first single not divide a passport is placed on the map and start to be known, though it did not properly market. This Time around HarmoRapa has come up with another hit in Town goes by the name "kiboko ya mabishoo" Many thought if Jokes but relatives had become serious now after signing a deal with a large imaging technology bongo Slides Visual less Mx Carter. Also contusion with producer p funk ...
Read more

KATIBA YA KIKUNDI

-
KATIBA YA VACK GROUP SEHEME YA 1. UTANGULIZI 1 JINA LA KIKUNDI VACK GROUP IBARA YA PILI: 2: TAFSIRI YA MANENO MBALIMBALI  2.1 Kikundi kina mkusanyikon wa watu 2.2 Wanachama wa kikundi wana mtazamo moja  2.3 Wanadhamira moja katika kujenga taifa IBARA YA 3. UTANGULIZI Wanachama wa kikundi cha VACK GROUP tumejipanga kufanya kazi kwa ushirikiano ili kufikia malengo yetu IBARA YA 4. KATIBA Katiba ni kanuni ya nchi au taasisi iliyopangwa kwa makubaliano maalumu yanayosimamia sheria kufuata miongozo yake bila kwenda kinyume.Kwenda kinyume cha hapo ni kosa. IBARA YA 5. JINA LA KIKUNDI Kikundi kinaitwa VACK GROUP  IBARA YA 6. LUGHA RASMI YA KIKUNDI Lugha rasmi ya kikundi ni Kiswahili na kingereza. IBARA YA 7. OFISI KUU Makao makuu ya kikundi yatakua ndani ya Mbinga mjini. IBARA YA 8. ENEO LA UTENDAJI WA KAZI  Itakuwa ndani ya wilaya ya mbinga IBARA YA 9. KANUNI ZA KIMAADILI  9.1 Kuheshimiana wenyewe kwa weny...
Read more