LCP4807
MAY JUNE EXAM
DUE DATE: 30 MAY 2025
,LCP4807 May June Exam 2025
Due: 30 May 2025
QUESTION 1
1.1 Write a critical essay in which you define international human rights law and
distinguish it from the following concepts of international law:
ANSWER
ESSAY
International law is like a set of rules that countries follow to keep the world peaceful
and fair. One important part of these rules is called International Human Rights Law
(IHRL). It helps make sure that all people are treated fairly and with respect, no matter
where they live. There are other kinds of laws too, like International Humanitarian Law
(IHL), International Criminal Law, and International Refugee Law. These laws are
different, but they also try to help people in special ways. This essay will explain what
IHRL is and show how it is not the same as IHL, ICL, and IRL.
International Human Rights Law refers to the body of international rules and norms,
established through treaties, customary international law, and soft law instruments, that
aim to protect individuals and groups from violations of fundamental human dignity by
states and, in some cases, non-state actors. The cornerstone of IHRL is the Universal
Declaration of Human Rights (1948), which, although not legally binding, has inspired
binding treaties such as Yhe International Covenant on Civil and Political Rights
(ICCPR, 1966) The International Covenant on Economic, Social and Cultural Rights
(ICESCR, 1966) Regional instruments like the European Convention on Human Rights
(ECHR), the African Charter on Human and Peoples’ Rights (ACHPR), and the
American Convention on Human Rights (ACHR).
, IHRL obliges states to respect, protect, and fulfill the rights of all individuals within their
jurisdiction. These rights are universal, inalienable, and interdependent. Notably, IHRL
applies both in times of peace and war, and while certain rights e.g., freedom of
movement) may be lawfully derogated during emergencies, core rights e.g., freedom
from torture and slavery are non-derogable ICCPR, Article 4.
International Humanitarian Law, also known as the law of armed conflict or law of war,
governs the conduct of parties during armed conflicts. Its primary aim is to limit the
effects of armed conflict by protecting persons not or no longer participating in
hostilities (e.g., civilians, wounded soldiers, prisoners of war) and by restricting the
means and methods of warfare.
Its main sources include The Four Geneva Conventions of 1949. The Additional
Protocols of 1977 and 2005 Customary International Humanitarian Law (CIHL)
The main difference
Feature IHRL IHL
Scope Broad, all human rights (civil, Narrow, rules specific to
political, socio-economic) conduct during armed conflict
Temporal Applies at all times (peace and Applies only during armed
Application war) conflict
Subjects All individuals under state Combatants, civilians, and
Protected jurisdiction others affected by conflict
Derogation Some rights can be derogated No derogation; applies in full
(except non-derogable ones like during conflict
right to life)
Enforcement Treaty bodies, regional courts ICRC monitoring,
international tribunals e.g.,
ICTY, ICTR
MAY JUNE EXAM
DUE DATE: 30 MAY 2025
,LCP4807 May June Exam 2025
Due: 30 May 2025
QUESTION 1
1.1 Write a critical essay in which you define international human rights law and
distinguish it from the following concepts of international law:
ANSWER
ESSAY
International law is like a set of rules that countries follow to keep the world peaceful
and fair. One important part of these rules is called International Human Rights Law
(IHRL). It helps make sure that all people are treated fairly and with respect, no matter
where they live. There are other kinds of laws too, like International Humanitarian Law
(IHL), International Criminal Law, and International Refugee Law. These laws are
different, but they also try to help people in special ways. This essay will explain what
IHRL is and show how it is not the same as IHL, ICL, and IRL.
International Human Rights Law refers to the body of international rules and norms,
established through treaties, customary international law, and soft law instruments, that
aim to protect individuals and groups from violations of fundamental human dignity by
states and, in some cases, non-state actors. The cornerstone of IHRL is the Universal
Declaration of Human Rights (1948), which, although not legally binding, has inspired
binding treaties such as Yhe International Covenant on Civil and Political Rights
(ICCPR, 1966) The International Covenant on Economic, Social and Cultural Rights
(ICESCR, 1966) Regional instruments like the European Convention on Human Rights
(ECHR), the African Charter on Human and Peoples’ Rights (ACHPR), and the
American Convention on Human Rights (ACHR).
, IHRL obliges states to respect, protect, and fulfill the rights of all individuals within their
jurisdiction. These rights are universal, inalienable, and interdependent. Notably, IHRL
applies both in times of peace and war, and while certain rights e.g., freedom of
movement) may be lawfully derogated during emergencies, core rights e.g., freedom
from torture and slavery are non-derogable ICCPR, Article 4.
International Humanitarian Law, also known as the law of armed conflict or law of war,
governs the conduct of parties during armed conflicts. Its primary aim is to limit the
effects of armed conflict by protecting persons not or no longer participating in
hostilities (e.g., civilians, wounded soldiers, prisoners of war) and by restricting the
means and methods of warfare.
Its main sources include The Four Geneva Conventions of 1949. The Additional
Protocols of 1977 and 2005 Customary International Humanitarian Law (CIHL)
The main difference
Feature IHRL IHL
Scope Broad, all human rights (civil, Narrow, rules specific to
political, socio-economic) conduct during armed conflict
Temporal Applies at all times (peace and Applies only during armed
Application war) conflict
Subjects All individuals under state Combatants, civilians, and
Protected jurisdiction others affected by conflict
Derogation Some rights can be derogated No derogation; applies in full
(except non-derogable ones like during conflict
right to life)
Enforcement Treaty bodies, regional courts ICRC monitoring,
international tribunals e.g.,
ICTY, ICTR
