Ggghh

1. 1
SESSION 2023 - 24
SEMINAR PAPER SUBMISSION
NAME – SHUBH SHRI GUPTA
ROLL NO. - 19002357
ENROLMENT NUMBER – GGV/19/2116
PROGRAME – B.COM.LLB 9th SEMESTER
TOPIC - The role of human rights law in complementing international
humanitarian law
SUBMITTED TO – Dr. Sagar Kumar Jaiswal
DATE OF COMPLETION AND SUBMISSION – 14.11.2023

2. 1) Historical background of human rights law and international humanitarian law
The concept of human rights has a long and complex historical background that has evolved over
centuries. While the modern framework of international human rights law has its roots in the
20th century, the idea of recognizing and protecting certain fundamental rights of individuals has
deeper historical antecedents. Here is a brief overview of the historical background of human
rights law:
1. Ancient Civilizations
2. Enlightenment Era
3. American and French Revolutions:
4. 19th Century
5. International Agreements
6. After World War II
2

3. Human Rights Law International Humanitarian Law
1. Protects the rights and freedoms of
individuals.
2. Generally applicable at all times, in peacetime
and during armed conflicts.
3. Primarily based on international treaties and
conventions, such as the Universal
Declaration of Human Rights (UDHR) and
the International Covenant on Civil and
Political Rights (ICCPR).
1. Applies during armed conflicts and protects
individuals and populations affected by the
conflict.
2. Specifically applicable during armed conflicts,
whether international or non-international.
3. Primarily based on the Geneva Conventions
and their Additional Protocols for
international armed conflicts and customary
international law for non-international
conflicts.
3

4. D e f i n i t i o n s o f h u m a n r i g h t s l a w
 United Nations Definition: The United Nations defines human rights law as "the body of international
law designed to promote and protect human rights at the international, regional, and domestic levels."
 Universal Declaration of Human Rights (UDHR): "rights inherent to all human beings, regardless of
race, sex, nationality, ethnicity, language, religion, or any other status.“
D e f i n i t i o n s o f i n t e r n a t i o n a l h u m a n i t a r i a n l a w
• The International Committee of the Red Cross (ICRC): "International humanitarian law is a set of rules
which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are
not or are no longer participating in the hostilities and restricts the means and methods of warfare.“
 Jean-Marie Henckaerts and Louise Doswald-Beck (in their commentary on the Customary International
Humanitarian Law): "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, to which the rules are applicable.“
4

5.  Treaties and Agreements: Treaties are formal agreements between states. They are a
primary source of international law when states voluntarily enter into them.
 Customary International Law: Customary law arises from established state practice that is
followed out of a sense of legal obligation over time. It can develop into binding rules.
 General Principles of Law: These are legal principles recognized by civilized nations and
can be applied in the absence of specific treaty or customary rules.
 Judicial Decisions: International court decisions, such as those from the International
Court of Justice, contribute to the development and interpretation of international law.
 United Nations Resolutions: Resolutions of the United Nations General Assembly and
Security Council can establish international law, particularly when related to matters of
international peace and security.
5

6. 6
Litera ture survey
1. Human Rights: The Impact of International Action.
2. International Law, Human Rights, and Namibian Independence
3. Terrorism, the Use of Force and International Law after 11 September
4. Legal Mobilization for Human Rights Protection in North Korea: Furthering Discourse or
Discord?
5. Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions
6. Human Rights and the Transformations of War
7. Collaborative Advocacy between Humanitarian and Human Rights Actors: Opportunities and
Challenges
8. The International Protection of Human Rights
9. Universal Declaration Of Human Rights
10. THE RESPECTIVE ROLES OF INTERNATIONAL ORGANIZATIONS AND NON-
GOVERNMENTAL ORGANIZATIONS (NGOs) IN HUMANITARIAN ACTION

7.  1) What is the role of human rights law in complementing international humanitarian law ?
 2) How does human rights law intersect with international humanitarian law in the context of armed
conflicts?
 3) How do international courts and tribunals interpret and apply human rights law in conjunction with
international humanitarian law in their judgments?
 4) What challenges or controversies arise when attempting to apply human rights law alongside international
humanitarian law, and how can these be addressed?
 5) What landmark cases or legal precedents illustrate the complementary relationship between human rights
law and international humanitarian law?
 6) What are the future directions and challenges in harmonizing the application of human rights law and
international humanitarian law to provide comprehensive protection to individuals in conflict situations?
7

8. • Investigate a specific topic.
• Examine existing literature.
• Analyze key concepts and theories.
• Explore case studies or examples.
• Assess the impact or implications.
• Compare and contrast different perspectives.
• Propose solutions or recommendations.
• Conduct original research.
• Provide a comprehensive literature review.
• Contribute to academic discourse.
• Address specific research questions.
• Offer recommendations for future research.
• Enhance understanding of a complex issue.
• Support or challenge existing theories.
• Conclude and summarize findings.
8

9.  Lex Specialis principle
 Harmonization and integration
 Extraterritorial application
 Evolutive interpretation
• Proportionality and necessity
• Individual accountability
9

10.  Human rights law plays a crucial role in complementing international humanitarian law (IHL) in several
ways, contributing to the overall protection of individuals in armed conflicts and other situations of
violence. The relationship between these two bodies of law is often described as complementary because
they address different aspects of the human experience in conflict, with human rights law extending
beyond armed conflict to cover peacetime situations. Here are the key ways in which human rights law
complements IHL:
 Coverage in peacetime and during armed conflict
 Filling gaps in protection
• Safeguarding the rights of vulnerable populations
• Preventing arbitrary state action
 Ensuring accountability
• Normative guidance and interpretation
10

11. Human rights law and international humanitarian law (IHL) intersect in the context of armed conflicts
in several ways. This intersection is essential for the protection of individuals affected by armed conflicts,
whether they are combatants or civilians. Here are some key ways in which these two bodies of law
intersect:
 Complementarity
 Temporal application
• Normative guidance
• Humanitarian rights
• Prohibition of arbitrary state action
• Protection of civilians
11

12. The complementary relationship between human rights law and international humanitarian law
(IHL) is evident in several landmark cases and legal precedents. These cases illustrate how the two
legal frameworks work together to protect the rights of individuals during armed conflicts and
other situations of violence. Here are some notable examples:
 Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (ICJ, 1996)
• Tadic Case (ICTY, 1995)
• Al-Skeini and Others v. United Kingdom (ECtHR, 2011
• Al-Jedda v. United Kingdom (ECtHR, 2011)
• The Prosecutor v. Lubanga (ICC, 2012
• Armed Activities on the Territory of the Congo (ICJ, 2005
• Behrami and Behrami v. France and Saramati v. France, Germany, and Norway (ECtHR, 2007
12

13. ACTION DESCRIPTION
 Promote Interagency Dialogue
 Enhanced Training and Education
 Develop Comprehensive Guidelines
 Strengthen Accountability
 Encourage collaboration between international
human rights bodies and develop monitoring
mechanisms
 Develop educational programs and training for
legal professionals etc.
 Create comprehensive guidelines or manuals that
integrate the principles of human rights law and
IHL
 Enhance mechanisms for holding individuals and
states accountable for violations of human rights
and IHL 13

14. While there is a fundamental complementarity between human rights law (HRL) and international
humanitarian law (IHL), challenges and controversies can arise when attempting to apply these two bodies
of law simultaneously in armed conflict scenarios. Some of the key challenges and controversies include:
 Territorial application
 Security and necessity justifications
• Different standards and principles
• Lack of clarity in treaty language
• State reservations and derogations
• Treatment of non-state actors
14

15. Harmonizing the application of human rights law (HRL) and international humanitarian law (IHL) to
provide comprehensive protection to individuals in conflict situations is an ongoing and complex endeavor.
Several future directions and challenges can be identified in this effort:
Fut ure D irect io ns:
 Developing Comprehensive Guidelines
 Enhancing Training and Education
• Strengthening National Legislation
• Promoting Consistent State Reporting
• Supporting Cross-Training Initiatives
• Facilitating International Cooperation
15

16. 16
C ha lleng es:
•Differing Interpretations and Priorities
•Addressing Ambiguities in Treaty Language
•Ensuring Accountability for Non-State Actors
•Respecting State Sovereignty
•Dealing with Emerging Technologies
•Ensuring Consistency in National Legislation
•Adapting to Evolving Conflict Dynamics
Addressing these challenges requires sustained efforts from the international community, including states,
international organizations, legal scholars, and civil society. A commitment to fostering dialogue, promoting
cooperation, and adapting legal frameworks to contemporary challenges is essential for achieving comprehensive
protection for individuals in conflict situations.

17. In conclusion, the complementary relationship between Human Rights Law (HRL) and International
Humanitarian Law (IHL) plays a pivotal role in providing comprehensive protection to individuals in
conflict situations. Human rights law complements international humanitarian law by extending protection
to all individuals at all times, filling gaps in protection, safeguarding the rights of vulnerable populations,
preventing arbitrary state action, ensuring accountability for violations, providing normative guidance, and
offering comprehensive protection in armed conflicts and other situations of violence. The two legal
frameworks work together to provide a robust and integrated system for the protection of human rights in
times of crisis.
The combination of IHL and human rights law offers comprehensive protection for individuals in armed
conflicts. Together, they establish a legal framework that addresses the full spectrum of human rights and
humanitarian concerns, ensuring that individuals are safeguarded from harm and abuse.
17

18. Effectively contemplating the role of Human Rights Law (HRL) in conjunction with International
Humanitarian Law (IHL) requires a comprehensive and coordinated approach. Here are some
effective suggestions:
 Develop Comprehensive Guidelines
 Enhance Training and Education
18
•Strengthen National Legislation
•Promote International Cooperation
•Facilitate Cross-Training Initiatives
•Clarify Ambiguous Treaty Language
•Support Accountability Mechanisms

19.  This paper explores the intricate relationship between Human Rights Law (HRL) and International
Humanitarian Law (IHL) and the pivotal role played by HRL in complementing the objectives and
principles of IHL. The coexistence of these legal frameworks reflects a shared commitment to
safeguarding human dignity, particularly during armed conflicts. By examining the historical
evolution and convergence of HRL and IHL, this study aims to elucidate the ways in which HRL
reinforces and enhances the protective mechanisms embedded in IHL.
 It includes introduction , historical background , definitions , sources , how international courts
and tribunals works in their respect , fundamental differences between the 2 , how human rights
law intersect with international humanitarian law in the context of armed conflicts , landmark
cases and precedents , future directions and challenges and suggestions etc.
 Keywords – HRL , IHL , contemplating , historical evolution , differences , armed conflicts , future
challenges , suggestions .
19

20.  - International Journal, vol. 43, no. 2, 1988, pp. 241–63. JSTOR,
https://doi.org/10.2307/40202527. Accessed 22 Sept. 2023.
 - Human Rights Quarterly, vol. 8, no. 3, 1986, pp. 443–70. JSTOR, https://doi.org/10.2307/762269.
Accessed 22 Sept. 2023.
 The International and Comparative Law Quarterly, vol. 51, no. 2, 2002, pp. 401–14. JSTOR,
http://www.jstor.org/stable/3663235. Accessed 24 Sept. 2023
 Human Rights Quarterly, vol. 32, no. 3, 2010, pp. 530–74. JSTOR,
http://www.jstor.org/stable/40784055. Accessed 24 Sept. 2023
 The American Journal of International Law, vol. 112, no. 4, 2018, pp. 553–82. JSTOR,
https://www.jstor.org/stable/26568992. Accessed 24 Sept. 2023
 Sociology, vol. 46, no. 5, 2012, pp. 813–28. JSTOR, http://www.jstor.org/stable/43497318.
Accessed 24 Sept. 2023.
 - ODI, 2021. JSTOR, http://www.jstor.org/stable/resrep50713. Accessed 26 Sept. 2023.
 http://www.jstor.org/stable/29781326. Accessed 26 Sept. 2023.
20