I. INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT:
LEGAL SOURCES, PRINCIPLES AND ACTORS
in international humanitarian law, the obligations resulting from its rules
may be split up into similar categories. Since States have obligations to
do something (positive obligations) or to abstain from doing something
(negative obligations) under both branches, they can be responsible for
a violation of international human rights and humanitarian law through
action, omission or inadequate action. In international humanitarian law
they have an explicit obligation to respect and to ensure respect.
In international human rights law, the obligation to respect requires
States not to take any measures that would prevent individuals from
having access to a given right. For instance, the right to adequate food
is primarily to be realized by rights holders themselves through their
economic and other activities. States have a duty not to unduly hinder
the exercise of those activities. This obligation to respect stemming from
human rights law is applicable in both natural and man-made disasters.
Similarly, the obligation to respect the right to adequate housing means
that Governments must abstain from carrying out or otherwise advocating
the forced or arbitrary eviction of persons or groups. States must respect
people’s rights to build their own dwellings and govern their environments
in a manner which most effectively suits their culture, skills, needs and
wishes. Many prohibitions in international humanitarian law, e.g., of
physical and moral coercion exercised against protected civilians and
prisoners of war, of violence to life and person directed against persons
taking no active part in the hostilities, of the requisition of foodstuffs and
hospitals in occupied territories, of attacks against objects indispensable
for the survival of the civilian population, function in a similar way.
As part of the obligation to protect, States must prevent, investigate,
punish and ensure redress for human rights violations committed by third
parties, e.g., private individuals, commercial enterprises or other nonState actors. In this respect, the Human Rights Committee has recalled that
“the positive obligations on States Parties to ensure Covenant rights will
only be fully discharged if individuals are protected by the State, not just
against violations of Covenant rights by its agents, but also against acts
committed by private persons or entities that would impair the enjoyment
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