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Please use this identifier to cite or link to this item: http://elib.bsu.by/handle/123456789/30237
Title: Международное гуманитарное право и право прав человека: сходства, различия, взаимодополняемость
Other Titles: Differences, Similarities and Complementarity between International Humanitarian Law and Human Rights (Pier Apraksin)
Authors: Апраксин, Пьер
Keywords: ЭБ БГУ::ОБЩЕСТВЕННЫЕ НАУКИ::Государство и право. Юридические науки
Issue Date: 1999
Citation: Белорусский журнал международного права и международных отношений. — 1999. — № 1
Abstract: "Differences, Similarities and Complementarity between International Humanitarian Law and Human Rights" International humanitarian law means rules which are specifically intended to protect victims of international or non-international armed conflicts and to limit the right of belligerents to use certain means and methods of warfare. These rules are based on the balance between military necessity and humanitarian needs. Human rights law comprises rights and freedoms which are based on the inherent dignity and value of the human being as such. These two branches of law have different material and personal scope of application. Unlike human rights law applicable at all times, international humanitarian law applies only in time of armed conflict. Derogation in human rights law is generally allowed in times of war or other public emergency, with the exception of the so-called "hard-core" human rights which must be respected in all circumstances. These are the right to life, the prohibition of torture and other inhuman treatment, the prohibition of slavery and the prohibition of retroactive criminal legislation or punishment. International humanitarian law excludes the concept of derogation as such. Even if some of its norms are not expressly listed as non-derogable in human rights treaties, they continue to be applicable and must be respected in all circumstances in time of armed conflict. Human rights law is applicable to all individuals. Most of the rules of international humanitarian law are intended to protect victims of war, i. e. persons in the power of the enemy State. However, humanitarian law contains clear provisions in favour of a State's own nationals. These are, for example, rules relating to the protection of victims of noninternational armed conflicts. Some human rights have no equivalent in international humanitarian law. However, there are ways in which international humanitarian law overlaps with human rights norms. In this connection, "hard-core" rights are revealing. The right to life is the prime inherent and non-derogable human right. A major part of international humanitarian law is devoted to its protection. Humanitarian law contains a careful delimitation of what can and cannot be done during hostilities in order to spare as much as possible the lives of persons bars de combat, civilians and even combatants. In certain cases, international humanitarian law protects life in a way that goes beyond the traditional civil right to life (special protection of civilians, obligation to provide protection and assistance to the wounded and sick, obligation to provide adequate living conditions for prisoners of war and civilian internees, obligation to accept outside relief shipments, restrictions on the imposition and execution of the death penalty). The prohibition of torture and other inhuman treatment is another "hard-core" human right. International humanitarian law also contains an absolute prohibition of such behaviour. Moreover, torture or inhuman treatment constitute war crimes under basic treaties of international humanitarian law. Persons having committed or have ordered to be committed such acts must be subject to criminal prosecution by States or can be brought before international criminal courts. The crucial importance of judicial guarantees to protect fundamental human rights is widely recognized. However, judicial guarantees are not expressly listed as non-derogable in most of the human rights treaties and consequently may cease to be applicable in times of emergency. Nevertheless, by virtue of international humanitarian law, judicial guarantees will apply in their entirety from the beginning of any armed conflict. Thus, international humanitarian law reinforces and helps to protect the most fundamental human rights, be it the situation when the rules of international humanitarian law correspond to human rights which may cease to apply in case of public emergency or the situation when international humanitarian law protects the human being in a way that goes beyond the protection provided for by human rights law.
Description: Раздел - "Международное право", рубрика - "Международное гуманитарное право"
URI: http://elib.bsu.by/handle/123456789/30237
Appears in Collections:Белорусский журнал международного права и международных отношений. — 1999. — № 1

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