IHL & IHRL Flashcards
What is the significance of the Universal Declaration of Human Rights (UDHR)?
Adopted in 1948.
Provides a comprehensive statement of human rights, including civil, political, economic, social, and cultural rights.
Although not legally binding, the UDHR has significantly influenced the development of human rights law at both the international and national levels.
It served as a model for the International Covenants on Human Rights, national constitutions, and specialized human rights treaties.
Certain provisions of the UDHR have achieved the status of customary international law, with some even considered jus cogens norms (e.g., the prohibition on torture).
What were the key points in the UN General Assembly Resolution on Ukraine (March 2022)?
It condemned Russia’s invasion of Ukraine as a breach of Ukraine’s sovereignty and territorial integrity.
It demanded the immediate and unconditional withdrawal of Russian troops.
It expressed concern for civilians and stressed the need for safe humanitarian access.
It highlighted the importance of complying with IHL and protecting civilians, medical personnel, and facilities.
What are the core articles of the UN Charter that relate to human rights?
Article 1(3): promotes and encourages respect for human rights and fundamental freedoms without distinction.
Article 55: the UN shall promote universal respect for and observance of human rights and fundamental freedoms.
Article 56: UN members pledge to take joint and separate action to achieve the purposes set forth in Article 55.
Relationship between IHL and IHRL
IHRL applies generally during peacetime and armed conflict
IHL applies only during armed conflict
IHL is used as lex specialis
Common Article 3 of Geneva Conventions
Common Article 3 provides protections to those caught in non-international armed conflicts, including humane treatment, prohibitions on violence, and judicial guarantees
What are the key functions of the UN Human Rights Council?
Universal Periodic Review (UPR): peer-review process assessing the human rights records of all UN member states.
Special Procedures: independent experts appointed to address specific thematic issues or country situations.
Complaints Procedure: addresses consistent patterns of gross and reliably attested human rights violations.
Jus in bello
Laws governing the conduct of warfare (law in war)
Only in armed conflict context
What were the provisional measures ordered by the ICJ in the Ukraine v. Russia case (February 2022)?
In this case, the ICJ asserted its prima facie jurisdiction based on Article IX of the Genocide Convention (Russia invaded Ukraine to “prevent genocide”.)
It also considered the urgency of the situation and the risk of irreparable harm to civilians in issuing provisional measures.
The ICJ ordered Russia to suspend its military operations in Ukraine.
The case highlights the ICJ’s tendency to issue provisional measures when humanitarian concerns are at stake.
Main principles of IHL
Distinction:
- Parties need to distinguish combatants and civilians
- Parties need to distinguish military objectives and civilian objects
Neutrality:
- IHL applies equally to all parties in a conflict
Proportionality:
- The harm caused to a military target must be proportional to the military advantage gained
Historical evolution of IHL
Magna Carta (13th/14th century): provided freedoms for certain groups.
American Declaration of Independence and French Declaration of the Rights of Man and of the Citizen (1776): emphasized inalienable rights.
Post-WWI: a growing recognition of the need to protect minorities at the international level.
Post-WWII: the atrocities of WWII led to a significant shift toward the universality and internationalization of human rights.
Martens clause
People are protected by principles of humanity even in situations not covered by existing laws
What are the key similarities between the ICCPR and ICESCR?
Both covenants have nearly identical:
Preambles
Articles on self-determination (Article 1)
Articles on equality (Article 3)
Articles on the abuse of rights (Article 5)
Both allow individuals to submit complaints and establish committees to monitor implementation
Describe the composition and functions of UN human rights treaty bodies.
Members serve in their personal capacities to ensure independence.
Conduct periodic reviews of state compliance with the treaty.
May handle individual complaints (if authorized by the state party).
Promote universal human rights values.
Key sources of IHL
Hague Conventions:
- Focus on weapons
Geneva Conventions:
- Each on specific category of people (combatants, civilians, sick and wounded, prisoners of war)
What challenges do UN human rights mechanisms face?
Lack of resources.
Inconsistent respect from states.
