LCP4807 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 20
August 2025
For assistance contact
Email:
, International human rights law is a critical and foundational branch of international law that has
evolved to protect the inherent dignity and fundamental rights of all individuals. It establishes the
obligations of states to respect, protect, and fulfill the rights of everyone within their jurisdiction,
regardless of nationality, race, gender, or any other status. These rights are considered universal,
inalienable, and interdependent, covering a wide range of civil, political, economic, social, and
cultural entitlements. The core purpose of human rights law is to protect individuals from the
abuse of power by their own government.
While human rights law is the cornerstone of human protection in international law, it exists
alongside other distinct but related legal regimes. A critical understanding of these fields requires
a precise distinction between them, particularly regarding their scope, context of application, and
primary focus. This essay will define international human rights law and distinguish it from
international humanitarian law, international criminal law, and international refugee law.
Defining International Human Rights Law
International human rights law (IHRL) is a framework of treaties, customary law, and general
principles that sets forth the rights and freedoms of individuals. It is enshrined in foundational
documents like the Universal Declaration of Human Rights (UDHR) and legally binding
treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR). The primary
characteristic of IHRL is its universal application in both peace and war. It is a vertical
relationship where the state has obligations to the individual. Its focus is on the prevention of
abuses by the state and the provision of remedies when rights are violated.
IHRL vs. International Humanitarian Law (IHL)
The primary distinction between International Human Rights Law (IHRL) and International
Humanitarian Law (IHL) lies in their context of application.
IHRL applies at all times and in all circumstances, regardless of whether a country is at
peace or engaged in armed conflict. Its goal is the protection of individuals from their
own government.
IHL, also known as the law of armed conflict or the law of war, applies exclusively
during armed conflict. Its goal is to limit the effects of war by protecting those who are
not participating in the fighting (e.g., civilians, prisoners of war, the wounded) and
restricting the means and methods of warfare.
While IHRL does not cease to apply during wartime, IHL functions as the lex specialis (the more
specific law) in conflict situations. This means that IHL's rules may take precedence in specific
contexts where they address a matter more directly than IHRL. For example, a state's right to life
under IHRL is an absolute right, but IHL permits the use of lethal force against combatants.
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 20
August 2025
For assistance contact
Email:
, International human rights law is a critical and foundational branch of international law that has
evolved to protect the inherent dignity and fundamental rights of all individuals. It establishes the
obligations of states to respect, protect, and fulfill the rights of everyone within their jurisdiction,
regardless of nationality, race, gender, or any other status. These rights are considered universal,
inalienable, and interdependent, covering a wide range of civil, political, economic, social, and
cultural entitlements. The core purpose of human rights law is to protect individuals from the
abuse of power by their own government.
While human rights law is the cornerstone of human protection in international law, it exists
alongside other distinct but related legal regimes. A critical understanding of these fields requires
a precise distinction between them, particularly regarding their scope, context of application, and
primary focus. This essay will define international human rights law and distinguish it from
international humanitarian law, international criminal law, and international refugee law.
Defining International Human Rights Law
International human rights law (IHRL) is a framework of treaties, customary law, and general
principles that sets forth the rights and freedoms of individuals. It is enshrined in foundational
documents like the Universal Declaration of Human Rights (UDHR) and legally binding
treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR). The primary
characteristic of IHRL is its universal application in both peace and war. It is a vertical
relationship where the state has obligations to the individual. Its focus is on the prevention of
abuses by the state and the provision of remedies when rights are violated.
IHRL vs. International Humanitarian Law (IHL)
The primary distinction between International Human Rights Law (IHRL) and International
Humanitarian Law (IHL) lies in their context of application.
IHRL applies at all times and in all circumstances, regardless of whether a country is at
peace or engaged in armed conflict. Its goal is the protection of individuals from their
own government.
IHL, also known as the law of armed conflict or the law of war, applies exclusively
during armed conflict. Its goal is to limit the effects of war by protecting those who are
not participating in the fighting (e.g., civilians, prisoners of war, the wounded) and
restricting the means and methods of warfare.
While IHRL does not cease to apply during wartime, IHL functions as the lex specialis (the more
specific law) in conflict situations. This means that IHL's rules may take precedence in specific
contexts where they address a matter more directly than IHRL. For example, a state's right to life
under IHRL is an absolute right, but IHL permits the use of lethal force against combatants.
