I. INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT:
LEGAL SOURCES, PRINCIPLES AND ACTORS
In addition, the protection of protected civilians on a belligerent’s own
territory is more limited than in an occupied territory. International
human rights law does not foresee fundamentally different rights for each
category of person. It rather adapts everyone’s rights to the particular
needs of those categories, i.e., children, women, persons with disabilities,
migrants, indigenous peoples, human rights defenders, etc.
C. DUTY BEARERS IN INTERNATIONAL HUMAN RIGHTS LAW AND
INTERNATIONAL HUMANITARIAN LAW
International human rights law and international humanitarian law have
different rules regarding the type of actors that bear responsibilities and
can be bound by the law. They also contain specific provisions for the
protection of persons and of specific groups of persons who are considered
to be more exposed to the risk of violations, particularly in an armed
conflict. Despite their differences, both bodies of law are increasingly
understood as imposing obligations on both State and non-State actors,
albeit in different conditions and to differing degrees.
Legal rules are addressed to the subjects of those rules.20 In general, a
distinction is made between duty bearers and rights holders. Duty bearers
have obligations, which can be positive—an obligation to do something—
or negative—an obligation to refrain from doing something. In international
human rights and humanitarian law, duty bearers are bound to respect a
series of positive and negative obligations. These obligations may differ,
depending on whether international law recognizes a particular actor
as a primary subject of international law (i.e., States and international
organizations) or as a secondary subject (i.e., non-State actors). The next
Ian Brownlie, for instance, explains that “a subject of the law is an entity capable of
possessing international rights and duties and having the capacity to maintain its rights
by bringing international claims”. Ian Brownlie, Principles of Public International Law,
6th ed. (Oxford, Oxford University Press, 2003), p. 57. See also Reparation for Injuries
Suffered in the Service of the United Nations, Advisory Opinion, I.C.J. Reports 1949,
p. 174.
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