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LCP4807 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE 31 August 2026

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Write a critical essay in which you define international human rights law and distinguish it from the following concepts of international law: a) International Humanitarian Law b) International Criminal Law c) International Refugee Law

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LCP4807 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2026 - DUE 31
August 2026




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,International Human Rights Law and Its Distinction from International Humanitarian Law,
International Criminal Law, and International Refugee Law

Introduction

International law is a body of rules and principles that governs relations between states, international
organizations, and, increasingly, individuals. Within international law, several specialized branches exist
to protect human dignity, maintain peace, and regulate state conduct. One of the most significant
branches is International Human Rights Law (IHRL), which establishes universal standards to protect the
inherent rights and freedoms of every person regardless of nationality, race, gender, religion, or other
status. Although IHRL shares common objectives with International Humanitarian Law (IHL),
International Criminal Law (ICL), and International Refugee Law (IRL), each branch has a distinct
purpose, scope, legal framework, and application. This essay critically defines International Human
Rights Law and distinguishes it from these three related branches of international law.



International Human Rights Law

International Human Rights Law is the branch of international law that establishes legal obligations on
states to respect, protect, and fulfil the fundamental rights and freedoms of all individuals. It is founded
on the principle that every human being possesses inherent dignity and equal rights simply by virtue of
being human.

The modern human rights system developed after the atrocities of the Second World War, culminating
in the adoption of the Universal Declaration of Human Rights (UDHR) (1948). Although the UDHR itself
is not legally binding, it laid the foundation for legally binding treaties such as:

 International Covenant on Civil and Political Rights (ICCPR) (1966)

 International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966)

 Convention against Torture (CAT)

 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

 Convention on the Rights of the Child (CRC)

International Human Rights Law protects a broad range of rights including:

 Right to life

 Equality before the law

 Freedom of expression

 Freedom of religion

 Right to education

,  Right to health

 Right to work

 Protection from torture

 Freedom from discrimination

States that ratify these treaties are legally obliged to ensure these rights are respected within their
territories. Importantly, IHRL applies at all times, including during peace, emergencies, and armed
conflict, although certain rights may be temporarily limited during officially declared emergencies under
strict conditions.

A major strength of International Human Rights Law is its universality. Human rights belong to every
individual regardless of citizenship or legal status. However, critics argue that enforcement remains
weak because implementation often depends on political will, domestic legal systems, and international
cooperation. Powerful states may evade accountability, and many international monitoring bodies lack
enforcement powers.



A. International Humanitarian Law

International Humanitarian Law (IHL), also known as the law of armed conflict or the law of war,
regulates the conduct of parties during armed conflict. Unlike International Human Rights Law, which
protects individuals at all times, International Humanitarian Law applies only during armed conflict,
whether international or non-international.

The primary sources of IHL include:

 The four Geneva Conventions of 1949

 Additional Protocols I, II and III

 Customary International Humanitarian Law

The main objectives of IHL are:

 Protect civilians

 Protect prisoners of war

 Protect wounded and sick combatants

 Limit unnecessary suffering

 Restrict the means and methods of warfare

For example, deliberately targeting civilians, hospitals, humanitarian workers, or schools during war
violates International Humanitarian Law.

Distinction between IHRL and IHL

Although both branches aim to protect human dignity, they differ significantly.

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