Human or non-combatants and applies in all situation

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Last updated: June 19, 2019

Human rights and their protection canbe seen in The Universal Declaration of Human Rights adopted by the UN GeneralAssembly on 10 December 1948.  Principles stated in the Declaration havebeen preserved by the international community ever since and led to differentsorts of penalties against states that fail to preserve or infringe them. Provisionsof Human Rights which are most pertinent in respect of protection of civilianpopulation1,is theprinciple of human dignity, the principle ofnon-discrimination, the right to life, liberty andsecurity of person, the prohibition of slavery orservitude, and the prohibition of torture or cruel, inhuman ordegrading treatment or punishment.From above, it is clear that humanrights law is somehow related to humanitarian law in respect of protection of humanbeings caught in the catastrophe or meteoric of armed conflict.  Humanrights law provides a set of rights to any human being, regardless of thesituation.

It applies to all, regardless combatants or non-combatants and appliesin all situation whether in state of armed conflict or at peace. From researchthat I have made, the distinctness between humanitarian and human rights lawcan be seen in the approach they adopt. Human rights law does not conditionapplicability of individual rights to any particular group, unlike humanitarianlaw which focuses on protection of non-combatants as a group.1’Protecting Civilians In Conflicts: Human Rights andHumanitarian Law’ (E-InternationalRelations, 2018) accessed 15 January 2018

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