Law Answer Writing Practice 2018 - Week 11 - Question 3
90 Days Law Answer Writing Practice Question 1 for 23-Jan-2019
Instructions for Writing Answer
1. Write your answers in the comment section.
2. Experts will provide their feedback in reply.
3. Model Answers will be uploaded on this page the next day.
4. Rectify your mistakes and progress further.
5. All the Best.
21-Jan-2019 - Question 1
What are the essential differences between the International Humanitarian Law and International Human Rights Law? Explain (2016) – 10 Marks
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Both international humanitarian law and human rights law apply in armed conflicts. The main difference is that international human rights law allows a State to suspend a number of human rights if it faces a situation of emergency while International Humanitarian Law cannot be suspended (except as provided in Article 5 to the Fourth Geneva Convention).
International Humanitarian Law is based on the Geneva and Hague Conventions, Additional Protocols and a series of treaties governing means and methods of waging war as well as customary law.
International human rights law is more complex and includes regional treaties. The main global legal instrument is the Universal Declaration of Human Rights adopted by the UN General Assembly in 1948. Other global treaties include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights etc.
In situations of armed conflict, human rights law complements and reinforces the protection afforded by International Humanitarian Law.