The Human Rights Law and the International Humanitarian Law – Origins, Similarities, Differences and Interactions

Authors

  • Elena Temelkovska-Anevska Associate Professor, Faculty of Law, University “St.Kliment Ohridski” – Bitola, Str.“Partizanska” B.B., 7000 Bitola, North Macedonia

Keywords:

armed conflict, convention, International Humanitarian Law, International Human Rights Law, war

Abstract

International Human Rights Law (IHRL) and International Humanitarian Law (IHL) are two complementary branches of Public International Law. Both of them protect human life and dignity. IHRL applies at all times, in peacetime and during war, while IHL applies exclusively in armed conflicts and it regulates the behavior of the parties in an armed conflict or war and the conduct of hostilities. It also ensures the protection of persons affected by the war. Armed conflicts and wars are constant threats to liberty, property and human life that can significantly influence the morality of humanity. The human history is filled with armed conflicts: every era has experienced different kind of conflicts between empires, kingdoms, states and nations. The World War I, the World War II, civil wars and conflicts in different parts of the world are examples and real testimonies that war is still an instrument for promotion of political interests of the states. In the 21st century, wars have completely different dimension, due to changing political dynamics and new technologies. Wars and conflicts need to be regulated by law and because of their international character the laws must be agreed by the international community. International Humanitarian Law, International Human Rights Law and International Laws on War are branches of the Public International Law that regulates wars, conflicts and protection of human life during wars. This paper determines the origins of these two branches of law, it explains the scopes of their implementation in practice and their mutual interactions determined by their similarities and differences, such as their origin, the bodies that implement them and the range of their application.

References

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Published

2022-10-20

How to Cite

Elena Temelkovska-Anevska. (2022). The Human Rights Law and the International Humanitarian Law – Origins, Similarities, Differences and Interactions. International Journal of Sciences: Basic and Applied Research (IJSBAR), 64(1), 269–276. Retrieved from https://www.gssrr.org/index.php/JournalOfBasicAndApplied/article/view/14696

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Articles