UNIVERSITY OF SOUTH AFRICA
College of Law
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LCP4807: International Human Rights Law
Critical Essay | 2026
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
LCP4807
Module Code:
International Human Rights Law
Module Name:
Assignment 1 (Essay)
Assignment Number:
2 2026
Semester:
31 August 2026
Due:
Submitted in partial fulfilment of the requirements
for International Human Rights Law, UNISA 2026
, UNISA | LCP4807 International Human Rights Law: A Critical Essay
International Human Rights Law and its Distinction from International Humanitarian Law,
International Criminal Law and International Refugee Law
International human rights law occupies the centre of the modern international legal order,
yet it does not operate in isolation. It shares its subject matter, its underlying value of human
dignity, and, increasingly, its institutions with three closely related but analytically distinct
bodies of international law: international humanitarian law, international criminal law and
international refugee law. A critical understanding of international human rights law therefore
requires more than a definition; it requires an appreciation of where its boundaries lie and
where those boundaries have, in practice, begun to blur.1
1.1 Defining International Human Rights Law
International human rights law is that branch of public international law composed of the
treaties, customary rules and general principles that impose obligations on states to respect,
protect and fulfil the fundamental rights and freedoms of individuals, purely by virtue of their
humanity.2 Its foundational instrument is the Universal Declaration of Human Rights of 1948,
which, though not binding as a resolution of the General Assembly, has since generated a sub-
stantial body of customary international law.3 Together with the two 1966 Covenants, on civil
and political rights and on economic, social and cultural rights, it forms what is commonly
called the International Bill of Rights, subsequently thickened by specialised treaties address-
ing racial discrimination, torture, the rights of women, children and persons with disabilities.
Three features distinguish international human rights law analytically from ordinary interna-
tional law. First, it is directed at the vertical relationship between the state and the individual,
rather than at horizontal relations between states. Second, it applies continuously, in peace-
time and in principle also in armed conflict, subject only to lawful derogation in a declared
state of emergency. Third, its beneficiaries are individuals and groups rather than states, a
feature that required international law to depart from its traditionally state-centric structure
and to recognise the individual as a bearer, if still an imperfect enforcer, of international legal
rights.4
1
International Committee of the Red Cross (ICRC), What is International Humanitarian Law? (ICRC 2004) 1.
2
Universal Declaration of Human Rights, UNGA Res 217A(III) (10 December 1948) preamble.
3
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March
1976) 999 UNTS 171; International Covenant on Economic, Social and Cultural Rights (adopted 16 December
1966, entered into force 3 January 1976) 993 UNTS 3.
4
Constitution of the Republic of South Africa, 1996, ch 2 gives full domestic effect to this vertical, individual-
centred model of rights protection.
Page 2 of 13
College of Law
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
LCP4807: International Human Rights Law
Critical Essay | 2026
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
LCP4807
Module Code:
International Human Rights Law
Module Name:
Assignment 1 (Essay)
Assignment Number:
2 2026
Semester:
31 August 2026
Due:
Submitted in partial fulfilment of the requirements
for International Human Rights Law, UNISA 2026
, UNISA | LCP4807 International Human Rights Law: A Critical Essay
International Human Rights Law and its Distinction from International Humanitarian Law,
International Criminal Law and International Refugee Law
International human rights law occupies the centre of the modern international legal order,
yet it does not operate in isolation. It shares its subject matter, its underlying value of human
dignity, and, increasingly, its institutions with three closely related but analytically distinct
bodies of international law: international humanitarian law, international criminal law and
international refugee law. A critical understanding of international human rights law therefore
requires more than a definition; it requires an appreciation of where its boundaries lie and
where those boundaries have, in practice, begun to blur.1
1.1 Defining International Human Rights Law
International human rights law is that branch of public international law composed of the
treaties, customary rules and general principles that impose obligations on states to respect,
protect and fulfil the fundamental rights and freedoms of individuals, purely by virtue of their
humanity.2 Its foundational instrument is the Universal Declaration of Human Rights of 1948,
which, though not binding as a resolution of the General Assembly, has since generated a sub-
stantial body of customary international law.3 Together with the two 1966 Covenants, on civil
and political rights and on economic, social and cultural rights, it forms what is commonly
called the International Bill of Rights, subsequently thickened by specialised treaties address-
ing racial discrimination, torture, the rights of women, children and persons with disabilities.
Three features distinguish international human rights law analytically from ordinary interna-
tional law. First, it is directed at the vertical relationship between the state and the individual,
rather than at horizontal relations between states. Second, it applies continuously, in peace-
time and in principle also in armed conflict, subject only to lawful derogation in a declared
state of emergency. Third, its beneficiaries are individuals and groups rather than states, a
feature that required international law to depart from its traditionally state-centric structure
and to recognise the individual as a bearer, if still an imperfect enforcer, of international legal
rights.4
1
International Committee of the Red Cross (ICRC), What is International Humanitarian Law? (ICRC 2004) 1.
2
Universal Declaration of Human Rights, UNGA Res 217A(III) (10 December 1948) preamble.
3
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March
1976) 999 UNTS 171; International Covenant on Economic, Social and Cultural Rights (adopted 16 December
1966, entered into force 3 January 1976) 993 UNTS 3.
4
Constitution of the Republic of South Africa, 1996, ch 2 gives full domestic effect to this vertical, individual-
centred model of rights protection.
Page 2 of 13
