LCP4807 Assignment 1 Semester 2 2024 | Due 15 August 2024
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Module
International Human Rights Law (LCP4807)
Institution
University Of South Africa (Unisa)
Multiple Essays Provided
Question 1
Write a critical essay in which you define international human rights law and distinguish it from the following concepts of international law:
a) Humanitarian Law
b) International Criminal Law
c) International Refugee Law
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Write a critical essay in which you define international human rights law and distinguish it from
the following concepts of international law:
A) Humanitarian Law
B) International Criminal Law
C) International Refugee Law
Essay 1
Introduction
International human rights law (IHRL) represents a critical facet of public international law, focusing
on the protection and promotion of fundamental human rights on a global scale. It encompasses a
range of treaties, customary international law, and principles that govern the rights and freedoms
inherent to all individuals. This essay will define international human rights law and distinguish it
from humanitarian law, international criminal law, and international refugee law, elucidating their
respective scopes, functions, and intersections.
Definition of International Human Rights Law
International human rights law is a body of international law designed to protect and promote human
rights at the international, regional, and national levels. These rights are inherent to all human beings,
irrespective of nationality, sex, national or ethnic origin, color, religion, language, or any other status.
The foundation of IHRL is the Universal Declaration of Human Rights (UDHR), adopted by the
United Nations General Assembly in 1948. The UDHR, along with subsequent international treaties
such as the International Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social, and Cultural Rights (ICESCR), forms the core of the International
Bill of Human Rights.
Humanitarian Law
International humanitarian law (IHL), also known as the law of armed conflict or the law of war,
regulates the conduct of armed conflict and seeks to limit its effects. The primary aim of IHL is to
protect persons who are not or are no longer participating in hostilities and to restrict the means and
methods of warfare. Key treaties in IHL include the Geneva Conventions of 1949 and their
Additional Protocols.
Distinctions from IHRL
Scope and Application: IHL applies specifically to situations of armed conflict, whether
international or non-international, whereas IHRL applies at all times, both in peace and during
war.
Protections: IHL focuses on the protection of individuals who are not participating in
hostilities (such as civilians, medical personnel, and wounded soldiers) and those who have
ceased to participate (such as prisoners of war). In contrast, IHRL aims to protect the rights and
freedoms of individuals universally, regardless of the situation.
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