,LCP4807 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 20 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
2 ESSAYS GIVEN
Defining International Human Rights Law and Its Relationship to
Other Fields of International Law
Introduction
International law encompasses a complex set of legal regimes that
govern relations between states, international organizations, and
individuals. Among these regimes, International Human Rights Law
(IHRL) occupies a distinctive position: it addresses the inherent dignity
and equal rights of all persons, aiming to establish universal legal
standards for their protection. Yet IHRL is often confused or conflated
with related areas such as International Humanitarian Law (IHL),
International Criminal Law (ICL), and International Refugee Law
(IRL). While each shares a concern for protecting human beings, they
differ in origins, scope, applicable circumstances, and enforcement
mechanisms. This essay critically defines IHRL and systematically
distinguishes it from these related fields, while recognizing the overlaps
and intersections that shape modern practice.
Defining International Human Rights Law
International Human Rights Law refers to the body of international
norms and legal instruments that recognize and protect the fundamental
rights and freedoms inherent to all human beings. It is grounded in the
premise that every person possesses rights by virtue of their humanity,
regardless of nationality, ethnicity, religion, or political affiliation. These
, rights are generally considered universal, inalienable, indivisible, and
interdependent.
The normative foundations of IHRL emerged prominently in the
aftermath of the Second World War, with the 1945 United Nations
Charter placing human rights at the heart of the organization’s purposes.
The 1948 Universal Declaration of Human Rights (UDHR) served as the
moral and political blueprint, later crystallized in binding treaties such as
the International Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social and Cultural Rights
(ICESCR). These and other thematic or regional treaties (e.g., the
Convention on the Elimination of All Forms of Discrimination Against
Women, the European Convention on Human Rights) create a global
legal framework.
Three characteristics define IHRL’s operation:
1. Universality – rights apply to all individuals everywhere.
2. State obligation – primarily, states bear the responsibility to
respect, protect, and fulfill rights.
3. Continuous application – IHRL applies at all times, in peace and
conflict alike.
Enforcement of IHRL occurs through a mix of treaty bodies, special
rapporteurs, and regional courts, though compliance remains uneven.
Critically, IHRL is more aspirational and cooperative than coercive,
relying heavily on state consent and political will.
Distinguishing IHRL from International Humanitarian Law (IHL)
Definition and Scope of IHL
International Humanitarian Law, often referred to as the law of armed
conflict, regulates conduct during situations of armed conflict with the
goal of limiting suffering. Rooted in the Geneva Conventions of 1949
Semester 2 2025 - DUE 20 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
2 ESSAYS GIVEN
Defining International Human Rights Law and Its Relationship to
Other Fields of International Law
Introduction
International law encompasses a complex set of legal regimes that
govern relations between states, international organizations, and
individuals. Among these regimes, International Human Rights Law
(IHRL) occupies a distinctive position: it addresses the inherent dignity
and equal rights of all persons, aiming to establish universal legal
standards for their protection. Yet IHRL is often confused or conflated
with related areas such as International Humanitarian Law (IHL),
International Criminal Law (ICL), and International Refugee Law
(IRL). While each shares a concern for protecting human beings, they
differ in origins, scope, applicable circumstances, and enforcement
mechanisms. This essay critically defines IHRL and systematically
distinguishes it from these related fields, while recognizing the overlaps
and intersections that shape modern practice.
Defining International Human Rights Law
International Human Rights Law refers to the body of international
norms and legal instruments that recognize and protect the fundamental
rights and freedoms inherent to all human beings. It is grounded in the
premise that every person possesses rights by virtue of their humanity,
regardless of nationality, ethnicity, religion, or political affiliation. These
, rights are generally considered universal, inalienable, indivisible, and
interdependent.
The normative foundations of IHRL emerged prominently in the
aftermath of the Second World War, with the 1945 United Nations
Charter placing human rights at the heart of the organization’s purposes.
The 1948 Universal Declaration of Human Rights (UDHR) served as the
moral and political blueprint, later crystallized in binding treaties such as
the International Covenant on Civil and Political Rights (ICCPR) and
the International Covenant on Economic, Social and Cultural Rights
(ICESCR). These and other thematic or regional treaties (e.g., the
Convention on the Elimination of All Forms of Discrimination Against
Women, the European Convention on Human Rights) create a global
legal framework.
Three characteristics define IHRL’s operation:
1. Universality – rights apply to all individuals everywhere.
2. State obligation – primarily, states bear the responsibility to
respect, protect, and fulfill rights.
3. Continuous application – IHRL applies at all times, in peace and
conflict alike.
Enforcement of IHRL occurs through a mix of treaty bodies, special
rapporteurs, and regional courts, though compliance remains uneven.
Critically, IHRL is more aspirational and cooperative than coercive,
relying heavily on state consent and political will.
Distinguishing IHRL from International Humanitarian Law (IHL)
Definition and Scope of IHL
International Humanitarian Law, often referred to as the law of armed
conflict, regulates conduct during situations of armed conflict with the
goal of limiting suffering. Rooted in the Geneva Conventions of 1949