International Humanitarian Law (IHL) and Human Rights Law (HRL) are two important branches of international law aimed at protecting human dignity and fundamental rights. Although they share common goals, they have different origins, scopes, and situations where they apply.
Relationship between IHL and Human Rights Law
Aspect
International Humanitarian Law (IHL)
Human Rights Law (HRL)
Nature
Also called the law of armed conflict; regulates conduct during armed conflict
Protects fundamental rights of individuals at all times, in peace and war
Primary Focus
Limits the effects of armed conflict on persons and property
Guarantees basic rights such as freedom, equality, life, and dignity
Universal Declaration of Human Rights, International Covenants (ICCPR, ICESCR), regional treaties
Applicability
Applies only during armed conflicts (international and non-international)
Applies at all times, both in peace and during conflicts
Subjects Protected
Combatants, prisoners of war, civilians affected by conflict
All individuals within a state’s jurisdiction
Enforcement
States parties to treaties and customary international law
States bound by human rights treaties, monitored by UN bodies and courts
Main Goal
To regulate warfare and protect persons who are not or no longer participating in hostilities
To protect and promote individual freedoms and dignity
How IHL and HRL Complement Each Other
Both aim to protect human dignity and reduce suffering.
In situations of armed conflict, IHL is the lex specialis (special law) that governs conduct during war, while HRL continues to apply but may be limited due to security concerns.
Some human rights, such as the right to life, prohibition of torture, and prohibition of slavery, are non-derogable (cannot be suspended), even during armed conflict.
The two bodies of law work together to provide comprehensive protection. For example, IHL governs the conduct of hostilities and treatment of prisoners, while HRL covers issues like fair trial guarantees and prohibition of discrimination.
Situations of Applicability
Situation
Applicable Law
Peace Time
Human Rights Law applies fully
International Armed Conflict (IAC)
International Humanitarian Law primarily applies; Human Rights Law applies alongside but may be restricted
Non-International Armed Conflict (NIAC)
Both IHL and HRL apply; IHL sets minimum standards for conduct in conflict, HRL protects individual rights
Occupation of Territory
Both IHL (e.g., Fourth Geneva Convention) and HRL apply to protect the civilian population
Terrorism and Counterterrorism
Human Rights Law applies; IHL may apply if violence reaches threshold of armed conflict
Indian Context
India is a party to major human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR) and has incorporated many rights in its Constitution (like Article 21 – Right to Life and Personal Liberty).
India is also a party to the Geneva Conventions and respects IHL during conflicts, such as in Jammu & Kashmir and the India-Pakistan wars.
India’s legal system recognizes both bodies of law and tries to balance security concerns with protecting human rights.
Summary Table
Feature
International Humanitarian Law (IHL)
Human Rights Law (HRL)
When it applies
Only during armed conflict (international or internal)
At all times, peace and war
Purpose
Regulate warfare, protect combatants and civilians
Protect individual freedoms and rights
Who is protected
Combatants, civilians, prisoners of war
All individuals within jurisdiction
Nature of law
Special law for armed conflict
General law for human rights
Relationship
IHL is lex specialis during conflict; complements HRL
HRL continues but may have derogations during conflict
Conclusion
International Humanitarian Law and Human Rights Law are two interrelated legal systems designed to protect human dignity and life. While IHL applies specifically during armed conflicts to regulate hostilities and protect victims of war, Human Rights Law applies continuously, including during peace and conflict. Their combined application ensures comprehensive protection of individuals in various situations.
