1. Write a critical essay in which you define international human rights law and
distinguish it from the following concepts of international law:
a) International Humanitarian Law
b) International Criminal Law
c) International Refugee Law
Introduction
International Human Rights Law (IHRL) occupies a central place in public international law
(PIL), safeguarding the fundamental rights of individuals against abuses by states or other
entities. This branch of law is unique in its universality, applying universally to all human
beings regardless of their nationality, race, or religion. It operates through international
treaties, conventions, and judicial bodies to ensure the protection of human rights globally.
In contrast, other fields of international law, such as International Humanitarian Law (IHL),
International Criminal Law (ICL), and International Refugee Law (IRL), share some overlap
with IHRL but are differentiated by their specific focus, application, and scope. This essay
will first define International Human Rights Law and then critically distinguish it from
International Humanitarian Law, International Criminal Law, and International Refugee Law.
By comparing these branches of international law, this essay will outline their unique
characteristics and discuss their scope, focus, and objectives. Furthermore, it will explain the
implications of their different approaches to individual rights and state responsibility.
Defining International Human Rights Law
International Human Rights Law (IHRL) is a branch of public international law designed to
protect the fundamental rights of individuals against violations by states or other
international actors. IHRL's origins are deeply rooted in the aftermath of World War II and
the atrocities committed during that period, which led to the establishment of key
international treaties and organizations dedicated to the protection of human rights. The
Universal Declaration of Human Rights (UDHR) in 1948 marks a foundational moment in the
development of IHRL, followed by international treaties such as the International Covenant
on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social,
and Cultural Rights (ICESCR).
IHRL is unique in that it shifts the focus of international law from state-to-state relations to
the protection of individual rights. Unlike traditional areas of international law that focus on
the conduct of states, IHRL directly acknowledges individuals as subjects of international
law. The key aim of IHRL is to protect individuals from abuses by their own government or
other states, ensuring a minimum standard of rights such as the right to life, freedom of
speech, and protection from torture1 .
1: (LCP4801, Study Guide, p. 8)