Humanitarian law and human rights / A. H. Robertson

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Document type:

Chapter

Title:

Humanitarian law and human rights

Author zone:

A. H. Robertson

In:

Etudes et essais sur le droit international humanitaire et sur les principes de la Croix-Rouge : en l'honneur de Jean Pictet = Studies and essays on international humanitarian law and Red Cross principles : in honour of Jean Pictet

Editor:

Genève : CICR ; La Haye : Nijhoff, 1984

Physical description:

p. 793-802

Languages:

English

Abstract:

The author surveys the transformation of the relationship between humanitarian law and human rights, arguing that the two bodies of law are complimentary and becoming increasingly interconnected. The article begins with a historical analysis of the development of human rights law, examining ideational and institutional aspects of human rights law’s progress. This development began to impact humanitarian law when it was recognized that both bodies of law share the objective of protecting individuals’ basic rights. Moreover, the idea that humanitarian law should protect civilian populations, particularly those that were considered within the scope of human rights law, moved humanitarian law closer to human rights law. After discussing historical and organizational points of difference, the author turns to areas in which the legal doctrines have become interconnected—particularly in their shared substantive provisions. The author suggests this close relationship might allow human rights law mechanisms to be utilized in ways that contribute to the enforcement of humanitarian law norms. The article concludes by discussing the report “The Red Cross and Human Rights” – presented by the ICRC at the Council of Delegates of the Red Cross – which overviews the convergence of humanitarian law and human rights law. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

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