Year: 2018
Type: reference-entry
Abstract: The term --c> human rights law ('HRL') encompasses all fundamental freedoms and all basic social, economie and cultural rights recognized to each individual independently of --c> nationality.The term international humanitarian law ('IHL') is today used in a broad sense ( --c> Humanitarian Law, International).It co vers all the rules protective of potential or actual victims of armed conflicts, ail the ru les on the conduct of warfare, and all the provisions relating to the rights and duties of the --c> armed forces towards the other party in case of armed conflict ( --c> Armed Conflict, International; --c> Armed Conjlict, Non-International; --c> Civilian Population in Armed Conjlict; --c> Warfare, Methods and Means; see also --c> Air Warfare; --c> Land Warfare; --c> Manuals on the Laws of Armed Conjlict; --c> Naval Warfare).IHL hence nowadays covers both so-called 'Geneva Law'-protection of victims of armed conflicts ( --c> Ge neva Conventions !-IV [1949])-and 'Hague Law'-regulations asto the means and methods of warfare (see also --c> Hague Peace Conferences [ 1899 and 1907]).Tt is doubtful if it also reaches to sorne specialized areas of sea warfare, such as --c> prize law.Conversely, it seems to be accepted that it does not cover neutrality law ( --c> Neutrality, Çoncept and General Rules; see also --c> Neutrality in Air Warfare; --c> Neutrality in Land Warfare; --c> Neutrality in Naval Warfare).The terms 'law of armed conflicts' or 'law of war' are broader, precisely in that they cover ali areas linked with wartime rights and duties of --c> States (see also --c> States, Fundamental Rights and Duties).2 The relationship between IHL and HRL is generally analyzed in the context of a narrow definition of humanitarian law.In effect, the mutual relations between the two areas are most manifest in the context of the protection of potential or actual war victims.In this context the law deals in both areas with fundamental protective rights of the individual as against a State organ-or, sometimes, powerful civilians-vested with preponderant power and thus jeopardizing the physical and moral integrity of the individual concerned (see also --c> Individuals in International Law).This entry thus addresses the core area of humanitarian law, whereas the relations between hu man rights
Authors: Kolb Robert, Kilibarda Pavle
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2719665809