Assignment 1 Semester 2 2026
Due date: 31 July 2026
INTERNATIONAL HUMAN RIGHTS LAW AND ITS RELATIONSHIP WITH INTERNATIONAL
HUMANITARIAN, CRIMINAL AND REFUGEE LAW
1. Introduction
International law no longer regulates only diplomatic relations between sovereign states. It also
recognises individuals as holders of rights, persons requiring protection and, in some circumstances,
offenders who may incur direct international criminal responsibility. 1International human rights law,
international humanitarian law, international criminal law and international refugee law developed
within this wider transformation of public international law.
Although all four branches seek to preserve human dignity, they do not regulate identical situations,
impose the same obligations or employ the same enforcement methods. 1International human rights
law establishes general standards governing how states must treat individuals subject to their
authority. International humanitarian law regulates conduct during armed conflict, international
, INTERNATIONAL HUMAN RIGHTS LAW AND ITS RELATIONSHIP WITH
INTERNATIONAL HUMANITARIAN, CRIMINAL AND REFUGEE LAW
1. Introduction
International law no longer regulates only diplomatic relations between sovereign
states. It also recognises individuals as holders of rights, persons requiring
protection and, in some circumstances, offenders who may incur direct international
criminal responsibility.1International human rights law, international humanitarian
law, international criminal law and international refugee law developed within this
wider transformation of public international law.
Although all four branches seek to preserve human dignity, they do not regulate
identical situations, impose the same obligations or employ the same enforcement
methods.2International human rights law establishes general standards governing
how states must treat individuals subject to their authority. International humanitarian
law regulates conduct during armed conflict, international criminal law determines
individual responsibility for serious international crimes, while international refugee
law protects people who flee persecution or other qualifying dangers and seek
protection outside their countries.3
Their rules often operate together because armed conflict, persecution, forced
displacement and international crimes are commonly connected. Nevertheless,
complementarity should not be confused with legal uniformity. Each branch retains
its own triggering conditions, protected persons, duty bearers, institutions and
remedies. This essay argues that their relationship is best understood as one of
coordinated but specialised protection.
2. Meaning and foundations of international human rights law
1
Ms Mmatsie Mooki and Adv Posche Makama, International Human Rights Law: LCP4807 Study
Guide (University of South Africa 2019) 7–9.
2
Ilias Bantekas and Lutz Oette, International Human Rights Law and Practice (2nd edn, CUP 2016)
1–12.
3
Cordula Droege, ‘The Interplay between International Humanitarian Law and International Human
Rights Law in Situations of Armed Conflict’ (2007) 40 Israel Law Review 310, 312–315.