, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
1. 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
International Human Rights Law: Definition and Distinctions
1. Introduction
International Human Rights Law (IHRL) has emerged as one of the most significant branches of
public international law in the post-Second World War era. Its development represents a
fundamental shift in the international legal order, transforming the individual from a mere object of
international law into a subject possessing internationally guaranteed rights.¹ The atrocities of the
two world wars, the emancipation of colonial territories, and the growing recognition of human
dignity as a matter of international concern catalysed the evolution of this specialised field.² Today,
IHRL stands as a comprehensive legal framework that operates alongside and interacts with other
branches of public international law, including international humanitarian law, international criminal
law, and international refugee law.
This essay critically examines the definition of international human rights law and distinguishes it
from the three related but distinct concepts of international humanitarian law, international criminal
law, and international refugee law. Through this analysis, the essay illuminates the unique
characteristics, functions, and normative frameworks of each discipline while acknowledging their
points of convergence and complementarity.
2. Defining International Human Rights Law
2.1 Conceptual Framework
International human rights law constitutes a specialised branch of public international law consisting
of rules and principles that protect and promote individual and collective human rights at the
international, regional, sub-regional, and national levels.³ The concept is built upon two foundational
elements: human rights and human rights law. Human rights are generally defined as "a special kind
of moral claim" that all humans may invoke by virtue of being human beings.⁴ These rights are
inherent to all individuals regardless of nationality, sex, national or ethnic origin, colour, religion,
language, or any other status.⁵
Human rights law, in turn, consists of the rules and principles that relate to the protection of these
rights. The function of IHRL is fundamentally to protect the individual against the power of the state,
thereby establishing a vertical legal relationship between states and individuals.⁶ This characteristic
distinguishes IHRL from traditional public international law, which regulated relationships between
states as sovereign equals.⁷
¹ Viljoen F (2012) International Human Rights Law in Africa (Second Edition) Oxford University Press: chapter 1.
² LCP4807 Study Guide (2019) University of South Africa: p 9.
³ LCP4807 Study Guide (2019) University of South Africa: p 7.
⁴ LCP4807 Study Guide (2019) University of South Africa: p 7.
⁵ Bantekas I and Oette L (2013) International Human Rights Law and Practice Cambridge University Press: chapter 1.
⁶ LCP4807 Study Guide (2019) University of South Africa: p 7.
⁷ Rehman J (2012) International Human Rights Law: A Practical Approach Longman: chapter 2.
1. 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
International Human Rights Law: Definition and Distinctions
1. Introduction
International Human Rights Law (IHRL) has emerged as one of the most significant branches of
public international law in the post-Second World War era. Its development represents a
fundamental shift in the international legal order, transforming the individual from a mere object of
international law into a subject possessing internationally guaranteed rights.¹ The atrocities of the
two world wars, the emancipation of colonial territories, and the growing recognition of human
dignity as a matter of international concern catalysed the evolution of this specialised field.² Today,
IHRL stands as a comprehensive legal framework that operates alongside and interacts with other
branches of public international law, including international humanitarian law, international criminal
law, and international refugee law.
This essay critically examines the definition of international human rights law and distinguishes it
from the three related but distinct concepts of international humanitarian law, international criminal
law, and international refugee law. Through this analysis, the essay illuminates the unique
characteristics, functions, and normative frameworks of each discipline while acknowledging their
points of convergence and complementarity.
2. Defining International Human Rights Law
2.1 Conceptual Framework
International human rights law constitutes a specialised branch of public international law consisting
of rules and principles that protect and promote individual and collective human rights at the
international, regional, sub-regional, and national levels.³ The concept is built upon two foundational
elements: human rights and human rights law. Human rights are generally defined as "a special kind
of moral claim" that all humans may invoke by virtue of being human beings.⁴ These rights are
inherent to all individuals regardless of nationality, sex, national or ethnic origin, colour, religion,
language, or any other status.⁵
Human rights law, in turn, consists of the rules and principles that relate to the protection of these
rights. The function of IHRL is fundamentally to protect the individual against the power of the state,
thereby establishing a vertical legal relationship between states and individuals.⁶ This characteristic
distinguishes IHRL from traditional public international law, which regulated relationships between
states as sovereign equals.⁷
¹ Viljoen F (2012) International Human Rights Law in Africa (Second Edition) Oxford University Press: chapter 1.
² LCP4807 Study Guide (2019) University of South Africa: p 9.
³ LCP4807 Study Guide (2019) University of South Africa: p 7.
⁴ LCP4807 Study Guide (2019) University of South Africa: p 7.
⁵ Bantekas I and Oette L (2013) International Human Rights Law and Practice Cambridge University Press: chapter 1.
⁶ LCP4807 Study Guide (2019) University of South Africa: p 7.
⁷ Rehman J (2012) International Human Rights Law: A Practical Approach Longman: chapter 2.
