What are the similarities and differences between international humanitarian law (IHL) and international human rights law (IHRL)? This paper from the International Committee of the Red Cross (ICRC) explains the main principles behind IHL and IHRL, briefly outlining when and how they are applied, who is bound by them and who is protected by them. Both IHL and IHRL strive to protect the lives, health and dignity of individuals, albeit from a different angle.
While very different in formulation, the essence of some of the rules is similar, if not identical. Rules of IHL deal with many issues that are outside the purview of IHRL, such as the conduct of hostilities, combatant and prisoner of war status and the protection of the Red Cross and Red Crescent emblems. Similarly, IHRL deals with aspects of life in peacetime that are not regulated by IHL, such as freedom of the press, the right to assembly, to vote and to strike.
International humanitarian law:
- Is a set of international rules, established by treaty or custom, which are specifically intended to solve humanitarian problems directly arising from international or non-international armed conflicts.
- Is applicable in times of armed conflict, whether international or non-international.
- Binds all actors to an armed conflict – it lays down rules that are applicable to both state and non-state actors.
- Imposes obligations on individuals and also provides that persons may be held individually criminally responsible.
- Aims to protect persons who do not, or are no longer taking part in hostilities.
- Is supervised by the International Red Cross and Red Crescent Movement, which ensures protection and assistance to victims of war, encourages states to implement their IHL obligations and promotes and develops IHL.
International human rights law:
- Is a set of international rules, established by treaty or custom, on the basis of which individuals and groups can expect and/or claim certain behaviour or benefits from governments.
- Can be applied (in principle) at all times. Although, some IHRL treaties permit governments to derogate from certain rights in situations of public emergency threatening the life of the nation.
- Lays down rules binding governments in their relations with individuals. Does not impose specific duties on individuals but does provide for individual criminal responsibility for violations that may constitute international crimes.
- Has a supervisory system consisting of bodies established either by the United Nations Charter or by the main IHRL treaties.