LCP4807 ASSIGNMENT 1 2026
DUE 31 AUGUST 2026
Defining International Human Rights Law and Distinguishing it from Other
Branches of International Law
International law includes different areas that deal with specific issues between
countries and people. One of the most important areas is international human rights law
(IHRL), which protects the rights and freedoms of all people. It is different from
international humanitarian law (IHL), which applies during armed conflict, international
criminal law (ICL), which holds people responsible for serious international crimes, and
international refugee law (IRL), which protects people who have been forced to leave
their countries. Although these areas are connected and sometimes work together,
each has its own purpose and rules.¹
2. Defining International Human Rights Law (IHRL)
To understand IHRL, it is helpful to first break down its core concepts. "Human rights"
can be understood as a special kind of moral claim that all people can make simply
because they are human beings.² However, when these moral claims are written into
laws and treaties that governments must follow, they become "human rights law".³
Therefore, international human rights law is a branch of public international law that
consists of rules and principles designed to protect and promote the rights of individuals
and groups at the international, regional, and domestic levels.⁴
¹ Viljoen, F. (2012). International Human Rights Law in Africa (2nd ed.). Oxford University Press, p. 4.
² Mooki, M., & Makama, P. (2019). International Human Rights Law: Only Study Guide for LCP4807.
University of South Africa, Lesson 1, p. 7.
³ Mooki & Makama (2019), Lesson 1, p. 7.
⁴ Mooki & Makama (2019), Lesson 1, p. 7; Viljoen (2012), p. 5.
, A key feature of IHRL is that it focuses on the relationship between the state and the
individual. Its main purpose is to protect people from the power of their own
government. This is a significant shift in international law, which traditionally only dealt
with relations between states.⁵ The creation of the United Nations (UN) after World War
II and the adoption of the Universal Declaration of Human Rights (UDHR) in 1948 were
major milestones in the development of modern IHRL.⁶ The UDHR, along with the
International Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR), form the International Bill
of Human Rights, which is the foundation of this field.⁷
3. Distinguishing IHRL from Other Branches of International Law
While IHRL is a major branch of international law, it is not the only one. It is important to
distinguish it from other areas, particularly international humanitarian law, international
criminal law, and international refugee law.⁸
a) International Human Rights Law vs. International Humanitarian Law (IHL)
International humanitarian law, also known as the "law of war" or the "laws of armed
conflict," is a set of rules that seek to limit the effects of armed conflict. Its primary
purpose is to protect people who are not, or are no longer, participating in hostilities,
such as civilians, the wounded, and prisoners of war.⁹ The main sources of IHL are the
Geneva Conventions and their Additional Protocols.¹⁰
⁵ Viljoen (2012), p. 5.
⁶ Mooki & Makama (2019), Lesson 1, p. 11.
⁷ Mooki & Makama (2019), Lesson 2, p. 24.
⁸ Mooki & Makama (2019), Lesson 1, p. 8.
⁹ Mooki & Makama (2019), Lesson 1, p. 8.
¹⁰ Mooki & Makama (2019), Lesson 1, p. 8.
DUE 31 AUGUST 2026
Defining International Human Rights Law and Distinguishing it from Other
Branches of International Law
International law includes different areas that deal with specific issues between
countries and people. One of the most important areas is international human rights law
(IHRL), which protects the rights and freedoms of all people. It is different from
international humanitarian law (IHL), which applies during armed conflict, international
criminal law (ICL), which holds people responsible for serious international crimes, and
international refugee law (IRL), which protects people who have been forced to leave
their countries. Although these areas are connected and sometimes work together,
each has its own purpose and rules.¹
2. Defining International Human Rights Law (IHRL)
To understand IHRL, it is helpful to first break down its core concepts. "Human rights"
can be understood as a special kind of moral claim that all people can make simply
because they are human beings.² However, when these moral claims are written into
laws and treaties that governments must follow, they become "human rights law".³
Therefore, international human rights law is a branch of public international law that
consists of rules and principles designed to protect and promote the rights of individuals
and groups at the international, regional, and domestic levels.⁴
¹ Viljoen, F. (2012). International Human Rights Law in Africa (2nd ed.). Oxford University Press, p. 4.
² Mooki, M., & Makama, P. (2019). International Human Rights Law: Only Study Guide for LCP4807.
University of South Africa, Lesson 1, p. 7.
³ Mooki & Makama (2019), Lesson 1, p. 7.
⁴ Mooki & Makama (2019), Lesson 1, p. 7; Viljoen (2012), p. 5.
, A key feature of IHRL is that it focuses on the relationship between the state and the
individual. Its main purpose is to protect people from the power of their own
government. This is a significant shift in international law, which traditionally only dealt
with relations between states.⁵ The creation of the United Nations (UN) after World War
II and the adoption of the Universal Declaration of Human Rights (UDHR) in 1948 were
major milestones in the development of modern IHRL.⁶ The UDHR, along with the
International Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR), form the International Bill
of Human Rights, which is the foundation of this field.⁷
3. Distinguishing IHRL from Other Branches of International Law
While IHRL is a major branch of international law, it is not the only one. It is important to
distinguish it from other areas, particularly international humanitarian law, international
criminal law, and international refugee law.⁸
a) International Human Rights Law vs. International Humanitarian Law (IHL)
International humanitarian law, also known as the "law of war" or the "laws of armed
conflict," is a set of rules that seek to limit the effects of armed conflict. Its primary
purpose is to protect people who are not, or are no longer, participating in hostilities,
such as civilians, the wounded, and prisoners of war.⁹ The main sources of IHL are the
Geneva Conventions and their Additional Protocols.¹⁰
⁵ Viljoen (2012), p. 5.
⁶ Mooki & Makama (2019), Lesson 1, p. 11.
⁷ Mooki & Makama (2019), Lesson 2, p. 24.
⁸ Mooki & Makama (2019), Lesson 1, p. 8.
⁹ Mooki & Makama (2019), Lesson 1, p. 8.
¹⁰ Mooki & Makama (2019), Lesson 1, p. 8.
