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LINK BETWEEN HUMANITARIAN AND HUMAN RIGHTS LAW

Humanitarian law and human rights law were traditionally regarded as separate areas of international law human rights law setting standards for State conduct in guaranteeing the rights and freedoms of individuals and humanitarian law providing standards for the protection of war victims and the manner in which hostilities are conducted In other words, it was thought that human rights law was less applicable in situations of humanitarian emergency and armed conflict. Those holding this view pointed to the provisions in the ICCPR which permit States to derogate temporarily from some civil and political rights in times of public emergency which threaten the life of the nation However, the provisions of most international human rights instruments apply even in times of armed conflict.

The need to safeguard human rights during armed conflict has been given priority as human rights are recognized as integral to peace and security In 1966 the then Secretary General investigated the extent to which international human rights instruments protected human rights in times of armed conflict It was found that the major international instruments, for example the International Bill of Human Rights, provided for a broader spectrum of human rights protection than the Geneva Conventions This acknowledgement guided the adoption by the Teheran World Conference on Human Rights in 1968 and the General Assembly in 1970 of a number of resolutions recognizing that fundamental human rights in international instruments continue to apply in situations of armed conflict Similarly, the Vienna Declaration and Programme of Action called on all States and all parties to armed conflicts to pay strict observance to international humanitarian law as well as to the minimum standards required for protecting human rights In 1996 the Commission on Human Rights recognized the need to identify the fundamental principles applicable to situations of internal violence.

 

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