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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
in non-international armed conflicts. The International Committee of the
Red Cross has a recognized role in the interpretation of international
humanitarian law and is charged with working towards its faithful
application in armed conflicts, taking cognizance of breaches of that law
and contributing to the understanding, dissemination and development of
the law.14
B. PRINCIPLES OF INTERNATIONAL HUMAN RIGHTS LAW AND
INTERNATIONAL HUMANITARIAN LAW
Human rights are rights inherent in all human beings, whatever their
nationality, place of residence, sex, national or ethnic origin, colour,
religion, language, or any other status. These rights are all interrelated,
interdependent and indivisible. They are often expressed and guaranteed
by legal norms, in the form of treaties, customary international law,
general principles and other sources of international law. 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.
Human rights entail both rights and obligations. States assume obligations
under international law to respect, protect and fulfil human rights. The
obligation to respect means that States must refrain from interfering with or
curtailing the enjoyment of human rights. The obligation to protect requires
States to protect individuals and groups from human rights abuses. The
obligation to fulfil means that States must take positive action to facilitate
the enjoyment of human rights. As individuals, we are all entitled to human
rights, but each of us should also respect the human rights of others.
International humanitarian law limits the use of violence in armed
conflicts to spare those who do not or who no longer directly participate
See Statutes of the International Red Cross and Red Crescent Movements, art. 5.2 (c)
and (g). For additional detail on the “guardian” function of ICRC, see Y. Sandoz, “The
International Committee for the Red Cross as guardian of international humanitarian
law”, 31 December 1998. Available from www.icrc.org.
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