Business Law Essay

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Differences between Humanitarian Law and Human Rights Law Consequences on the action of NGOs 1. Both international law subjects. All IHL treaties are international in scope, HR treaties can be international or regional. Human rights organisations need to take into account regional variations, in particular the fact the European and Latin American HR treaties provide for international Courts with binding decisions, which is not found in the UN system. 2. IHL applies during armed conflict situations and those of occupation. Applicability outside such situations concerns teaching, training, and legislative implementation (applies at all times) and follow-up of violations (after the conflict). Human rights law applies at all times, but certain derogations are possible, subject to a number of conditions, during times of emergency (see in particular, UN HR Committee General Comment no.29). 3. Both sets of law protect persons against arbitrary and unnecessary cruel treatment. But NB difference in origin, reasoning and approach. IHL = balance between military necessity and humanity. Developed through practice and then through treaty law; contains a very large number of detailed rules that reflect the balance. HR = articulated as rights, and then balance between individuals and State created through limitation clauses and derogation possibilities. Treaty rules brief: detail developed through case-law and interpretation by treaty implementation bodies. 4. IHL divided into two main areas: law on the conduct of hostilities and law for the protection of victims. Law on the protection of victims (mostly in four Geneva Conventions 1949): decent treatment to be given to persons in the power of the adversary i.e. those who surrender, captured civilians, captured soldiers, sick and wounded and others unable to defend themselves. Prohibition of murder, torture etc.,

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