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International human rights law is a system of international norms designed
to protect and promote the human rights of all persons. These rights,
which are inherent in all human beings, whatever their nationality, place
of residence, sex, national or ethnic origin, colour, religion, language, or
any other status, are interrelated, interdependent and indivisible. They are
often expressed and guaranteed by law, in the form of treaties, customary
international law, general principles and soft law. Human rights entail
both rights and obligations. International human rights law lays down
the obligations of States to act in certain ways or to refrain from certain
acts, in order to promote and protect the human rights and fundamental
freedoms of individuals or groups.
International humanitarian law is a set of rules which seek, for humanitarian
reasons, to limit the effects of armed conflict. It protects persons who are
not or are no longer participating in the hostilities, and restricts the means
and methods of warfare. Its scope is, therefore, limited ratione materiae to
situations of armed conflict. International humanitarian law is part of ius in
bello (the law on how force may be used), which has to be distinguished
and separated from ius ad bellum (the law on the legitimacy of the use
of force). The use of force is prohibited under the Charter of the United
Nations. Nevertheless, international humanitarian law has to be applied
equally by all sides to every armed conflict, regardless of whether their
cause is justified. This equality between the belligerents also crucially
distinguishes an armed conflict, to which international humanitarian law
applies, from a crime, to which only criminal law and the rules of human
rights law on law enforcement apply.
For years, it was held that the difference between international human
rights law and international humanitarian law was that the former applied
in times of peace and the latter in situations of armed conflict. Modern
international law, however, recognizes that this distinction is inaccurate.
Indeed, it is widely recognized nowadays by the international community
that since human rights obligations derive from the recognition of inherent
rights of all human beings and that these rights could be affected both
in times of peace and in times of war, international human rights law