Semester 2 2025 - DUE 20 August 2025
4 ESSAYS PROVIDED
International Human Rights Law and Its
Relationship to IHL, ICL and Refugee Law — A
Critical Essay
Thesis. International human rights law (IHRL) is a
distinct body of law that secures the basic
entitlements of persons and limits state power; it
differs in aim, scope, structure and enforcement
from international humanitarian law (IHL),
international criminal law (ICL) and international
refugee law (IRL). At the same time, the four
regimes increasingly overlap in practice, creating
both complementarities that enhance protection
and tensions that reveal serious gaps in
enforcement, coherence and accountability.
Defining International Human Rights Law
International human rights law comprises the legal
rules, principles and institutions that protect the
dignity and fundamental freedoms of human
beings against abuses by public authorities (and,
increasingly, private actors). It rests on the idea
that certain rights — civil and political (e.g. the
, right to life, liberty, non-discrimination, freedom of
expression) and economic, social and cultural (e.g.
health, education, adequate standard of living) —
are universal and demand legal protection.
Key features of IHRL:
Subjects and duty-bearers: Rights are held
by individuals (and groups); primary duties rest
on states but other actors (corporations,
international organisations) are increasingly
implicated.
Obligations: States must respect (not
interfere), protect (prevent third-party
violations) and fulfil (take positive measures)
human rights.
Sources: Treaties (e.g., UDHR-inspired
instruments, the ICCPR and ICESCR),
customary international law, regional human
rights instruments, and general
principles/decisions of human rights bodies.
Remedies and enforcement: Include treaty
monitoring bodies, special procedures,
universal periodic review, regional courts (e.g.,
European, Inter-American, African courts), and
domestic remedies. Enforcement is a mix of