What are the main differences between humanitarian laws and human rights?
Humanitarian laws, also known as the laws of war or international humanitarian law (IHL), are a set of rules that specifically regulate the conduct of armed conflicts. They aim to protect people who are not participating in hostilities or are no longer participating, such as civilians, prisoners of war, and the sick and wounded. The primary objective of humanitarian laws is to limit the suffering caused by armed conflicts and ensure the humane treatment of those affected.
On the other hand, human rights refer to the basic rights and freedoms to which every person is entitled, simply by virtue of being human. They are inherent, universal, and inalienable. Human rights protect individuals from abuses by the state and other actors, and include civil, political, economic, social, and cultural rights. They apply at all times and in all circumstances, not just during armed conflicts.
Here are some key differences between humanitarian laws and human rights:
Scope: Humanitarian laws apply specifically to armed conflicts, whether international or non-international, and seek to regulate the conduct of belligerents. Human rights, on the other hand, are applicable at all times, in both peacetime and during armed conflicts.
Focus: Humanitarian laws primarily focus on protecting individuals directly affected by armed conflicts, such as civilians, prisoners of war, and the wounded. Human rights have a broader focus, encompassing the rights of all individuals, regardless of the presence of armed conflicts.
Legal basis: Humanitarian laws are primarily based on treaties and customary international law specifically developed for armed conflicts, such as the Geneva Conventions and additional protocols. Human rights are based on international treaties, customary international law, and various international declarations and conventions, such as the Universal Declaration of Human Rights.
Enforcement: Humanitarian laws are enforced through mechanisms such as International Criminal Court, tribunals, and national courts. Violations of humanitarian laws are considered war crimes and can lead to legal consequences for individuals. Human rights, on the other hand, are enforced through various international and regional mechanisms, such as the United Nations Human Rights Council, human rights courts, and national human rights institutions.
Purpose: The purpose of humanitarian laws is to mitigate the effects of armed conflicts and ensure the humane treatment of individuals caught in such conflicts. Human rights, on the other hand, aim to protect individuals from abuses by the state and other non-state actors, irrespective of the presence of armed conflicts.
In summary, while there is overlap between humanitarian laws and human rights in certain areas, the main difference lies in their scope, focus, legal basis, enforcement mechanisms, and purpose.