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LCP4807 ASSIGNMENT 01 DUE 15
AUGUST 2024
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, QUESTION 1
Write a critical essay in which you define international human rights law and
distinguish it from the following concepts of international law:
a) Humanitarian Law
b) International Criminal Law
c) International Refugee Law
Introduction
International human rights law is a branch of international law which deals with the
protection of human rights and fundamental freedoms of people worldwide. It was
developed after the atrocities of the Second World War revealed the need to fix
existing laws to avoid their transgression in the future. This essay will define what
international human rights law is and differentiate it from other branches of
international law namely humanitarian law, international criminal law, and refugee
law highlighting its importance in the spectrum of international law.
Defining International Human Rights Law
International human rights law is a branch of public international law
regulating relationships between individuals and states and preventing
the violation of citizens’ rights and liberties by the state and other
subjects of international law. The international system of human rights
can be said to have started in 1948 with the passing of the Universal
Declaration of Human Rights by the United Nations General Assembly. 1
This is an international instrument that outlines basic inalienable human
rights that cannot be violated and has been followed by more than
seventy human rights conventions worldwide.
Two main treaties, the International Covenant on Civil and Political Rights
(ICCPR)2 and the International Covenant on Economic, Social and Cultural
Rights (ICESCR)3were adopted in 1966 and with the UDHR they constitute
1
Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III).
2
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into
force 23 March 1976) 999 UNTS 171.
3
International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966,
entered into force 3 January 1976) 993 UNTS 3