22
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
sections will address how and to what extent different subjects of law are
bound by obligations of international human rights and humanitarian law.
1. States
International law recognizes that in general States, together with
international organizations, are the primary subjects of international
law.21 They acquire legal obligations by entering into international treaties
and also have legal obligations deriving from customary international law.
Thus, subject to lawful reservations dealt with below, States that have
ratified international humanitarian law or human rights treaties are bound
by their provisions. Moreover, according to the Vienna Convention on the
Law of Treaties, States that have signed but not ratified a treaty are bound
to act in good faith and not to defeat its object and purpose (art. 18).
Beyond these general rules, there are some distinctions in the application
of international human rights law and of international humanitarian law.
International human rights law explicitly protects a very wide range of
rights—from the right to be free from torture to the right to education—
which can be affected, directly or indirectly, by armed conflict. These
human rights obligations, whether positive or negative, apply to the State
as a whole, independently from any internal institutional structure and
division of responsibilities among different authorities.22
International humanitarian law is primarily, although not exclusively,
addressed to States parties to an armed conflict.23 The Geneva Conventions,
for example, impose obligations on States and their forces participating
See Brownlie, Principles of Public International Law, pp. 58 ff., and Reparation for
Injuries.
22
The Vienna Convention on the Law of Treaties indicates that “[a] party may not invoke
the provisions of its internal law as justification for its failure to perform a treaty” (art.
27).
23
See, in this respect, article 3 common to the four Geneva Conventions, which is
addressed to the parties to a non-international armed conflict, including non-State
armed groups.
21
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