International Humanitarian Law
Table of Contents
International Humanitarian Law.. 2
International Human Rights Law.. 3
The International Criminal Law.. 4
Human Rights Treaties Ratified in Kuwait 6
Importance of International Humanitarian Law.. 7
Importance of the International Human Rights Law.. 7
Importance of International Criminal Law.. 8
Introduction
The International Humanitarian Law, International Human Rights Law and the International Criminal laws are all branches of the International law that aim at promoting peaceful co-operations among different states and also within the citizens of a country. The laws work with the vision of creating conducive climates for the growth and development of every state without the interference from another.
International Humanitarian Law
International Humanitarian Law (IHL) refers to a compilation of rules that aim to reduce the effects of armed conflict (Gary, 34). In other words, it is a branch of international law that foresees the alleviation of armed conflicts. Armed conflicts, in this case, refer to either International armed conflicts which involve two or more states, or non-international armed conflicts which are among government and non-governmental groups, or within these single groups. For this reason, IHL is also referred to as the law of armed conflict.
IHL governs the relationship between states. Through time the international community has grown to accommodate almost every state around the globe. The painful experiences of wars have made many countries opt for a common law that will work towards preventing other bloody wars in the future. The laws are found in agreements between states, that is, treaties and conventions. They were formulated in the four Geneva Conventions of 1949 (Michael, 28). The laws do not have any control on a nation’s internal affairs, for example, what it may use in an armed force, these rules are outlined in the United Nations Charter. Most states, however, have made these laws their customary laws, meaning that they are legally bound by these laws.
The International Humanitarian Laws originated from the laws that governed ancient civilizations and religion. Thereafter they began being corded universally in the 19th century. The IHL laws continue to maintain a balance between the Nations’ humanitarian needs and military requirements of states which consequently makes them more receptive to more states. It has also been developed through time to suit the needs of the current world. Moreover, the body is supplemented by other subordinate bodies such as Additional Protocols of 1977 which gave security to the victims of armed conflicts (Michael, 28).
The IHL also protects parties that are not part or are no longer part of a war. This, therefore, means that the law offers security to civilians, medical personnel or religious groups which are not part of the war, and also protects those who have laid down their positions in the war such as the wounded, the sick or the shipwrecked. All these kinds of people deserve their human rights even in the growing tensions of wars. IHL takes care of this.
International Human Rights Law
International Human Rights Law (IHRL) is a form of international law that outlines the basic protections that all persons are entitled (Rhona, 430). This law is meant to promote and protect human rights both at international and local levels. The law is constructed from the treaty law- a law that is legally binding two state parties and the customary international law which are regulations of law constructed from consistehttps://essaygroom.com/world-war-ii-recovery-2/nt states’ practice. Understanding, implementation and development of the international human rights law are aided by the principles, guidelines and declarations at international levels. Enforcement of this law ensues at either domestic or international level. When the State at the local level fails to offer a solution to the abuse of these rights, the victimized are free to appeal for the fulfilment of the rights at an international level. In comparison to the International Humanitarian Law, the laws are similar but distinct; whereas the International Human Rights Law applies to all situations even emergencies and conflicts, the International Humanitarian Law applies to only armed conflicts and also to occupations when the two laws are co-applied. In December 1948, the UDHR ( Universal Declaration of Human Rights) was drafted by the United Nations and it has helped in enforcing and ensuring that human rights are upheld by the States, and this has been done through the creation of the Human Rights Council and bodies which are made of international experts (Rhona, 440).
The Human Rights Council has constructed special procedures to address human rights issues both at International and domestic levels. UDHR has also inspired and pushed for the international, legally binding treaties which aim at achieving and fulfilling human rights under the International Bill of Rights. There are currently ten treaties under this law, three examples are; first, the Convention on the elimination of all forms of discrimination against women, was adopted in 1979 has kept track of the progress of countries to abolish all the laws that undermine young girls and women (Rhona, 442). Second, the Convention on the Rights of the Child, which sets the social, civil and health rights of children. Third, the Protocol to prevent, suppress, and punish trafficking in persons especially women and children, which helps to counter human trafficking and help the victims of this vice.
The International Criminal Law
The International Criminal Law is designed to prosecute individuals who are found in serious violations of the International Law. These kinds of international crimes include; war crimes, humanitarian crimes, and genocide. Once a case is labelled international crime, it is going through universal jurisdiction in the state in which the crime was perpetrated. The law gives states the mandate to carry out this tries even in the absence of any relationship between the criminal and the state.
The formulation of the International Criminal Law was set up after the Second World War after some individuals and states were found guilty of the damages that had been made during the war. The Nurnberg and the Tokyo tribunals marked some of the first laws that would soon be combined to form the International Criminal Law (Zahar & Sluiter, 45). The Nurnberg criminal tribunal was held in Germany where the militants and the Nazi leaders were convicted for their participation in perpetuating the occurrence of the World War. The Tokyo tribunal, on the other hand, was purposed to judge the Japanese criminals during the war. These criminal laws judged the cases based on three offences; disruption of peace, criminal wars, and humanitarian crises. The two tribunals formed the basis that developed the International Criminal Law that we know of today.
During the Geneva Conventions, it was decided that breaking of the laws found in the International Humanitarian Law needed to be treated differently to other cases, and therefore, decided to come up with the International Criminal Law. Each country’s criminal laws are a reflection of the principles that guide the country. Different countries, therefore, have very different rules on how they judge their criminals. Under international criminal law, however, the countries get similar and acceptable laws through which they judge international crimes.
There are different types of criminal laws, there are some which are considered international by their nature, for example, trans-border crimes, crimes done in international zones- seas and international airspaces (Bantekas & Nash, 560). Other crimes such as human trafficking, piracy, aeroplane hijacking and also terrorism are also classified as international crimes and judged by the International Criminal Court (ICC). Crimes committed by state officials are also judged using the International Criminal Law. International Criminal law is mainly used in places where the damage felt by the state. It, therefore, defers from the Human Rights Law in that where the latter inclines the crime on single individuals to find them responsible of their crimes, the International Criminal Law blames the state for the crimes and demands some form of compensation from them.
Human Rights Treaties Ratified in Kuwait
One of the treaties ratified by Kuwait is the International Covenant on Economic, Social and Cultural Rights. The treaty was ratified on January 3rd in 1976 (Fadi, 270). The articles of the treaty outline that each individual has the right to determine their political, economic, social and cultural statuses. The treaty makes it clear that the citizens have the right to do whatever they wish with their property and resources without the intervention of the international laws and other economic or political co-operations. The treaty consequently gives individuals the freedom to develop their social and economic status, provided they do not interfere with other individuals’ rights and that they also act in remembrance of their responsibilities to other individuals and the government.
Another treaty that was ratified by the International Covenant on Civil Political Rights (ICCPR). The treaty emphasizes the freedom of all individuals, regardless of their age, gender and ethnicity, to exercise their civil and political rights in their country. The treaty also prohibits the interruption of these rights allocated in the treaty by the States in Article five of the treaty (Fadi, 245). The treaty, therefore, serves to protect the citizens of Kuwait from the overall authority of the government.
The Optional Protocol to the International Covenant on Civil and Political rights drafted on March 23, 1976 outlines that it would be appropriate to accept and put in considerations the claims made by the violated or victims of human abuse (Fadi, 265). There are 14 articles under this right which emphasize that the victims are meant to be heard so that justice is served appropriately.
The Second Optional Protocol to the International Covenant on Civil and Political Rights aimed at the abolition of the death penalty. This right pushes for the protection of the dignity of an individual and also promote human rights’ development. The 11 articles under this right aim at achieving termination of death penalties and ensure progress in the relishing of the right to life.
Lastly, the International Convention on the Elimination of All Forms of Racial Discrimination drafted on 4th January 1969 ensures that human rights are entitled to all persons without consideration of any kind particularly the race, language, religion or sex. This ensures respect to all individuals across the globe and also promotes human dignity.
Importance of International Humanitarian Law
The major significance of the International Humanitarian Law is that it offers protection to those individuals who are not involved in the fighting, including the medics, civilians, military and religious personnel, as mentioned earlier. The law protects all these individuals without distinction as they all deserve and are entitled to respect for their mental and physical health, and most importantly, respect for their lives. The conduct during a war is regulated by this law which also helps to limit the consequences of armed conflicts.
Importance of the International Human Rights Law
The primary function of the International Human Rights Law is to promote and protect human rights at both international and domestic levels. Given that the State has the responsibility to protect and fulfil the rights to its people, the International Human Rights Law outlines the States’ obligations to respect and follow, to ensure that no person falls victim to human abuse. This law also guarantees the people who are vulnerable to their security, lives and liberty. The International Human Rights Law also ensures that when a victim of human abuse does not get the justice required, the government is held responsible, and the victim is free to seek assistance at an international level. Moreover, the law helps to create a stronger society that is against human abuses by shaping the policies and laws that protect human rights.
Importance of International Criminal Law
The International Criminal Law has been more helpful in providing a peaceful atmosphere for enabling justice to victims of international crimes and also preserving international laws that govern the relationships between countries. Through the jurisdictions of the International Courts, the victimized individuals feel relieved and are less likely to take the law into their own hands. Despite the National Law being able to make the right verdict, it is sometimes faced with the pressure from a country’s political background which consequently makes the International Courts in a better position for dispensing the verdict. The Criminal Law is thus important in apprehending International laws, giving the justice for the crime offenders, and providing future criminal violations.
The International Criminal Law through the International Criminal Court also serves to get rid of atrocities that may be permitted in individual nations. In case a country does not take a step to end the injustice within it, then the ICC always steps in to help the victims of the injustices. Just this century, for example, there were about 200 million people that have found justice through crimes such as female oppression and child abuse in Africa where these crimes were given less attention (Zahar & Sluiter, 50). It is, therefore, a symbol of hope for any individuals going through any form of atrocities. Because of the grave punishment, it imposes on the perpetrators of international crimes it also helps to reduce the occurrence of such crimes.
Conclusions
The International Law, therefore, serves to protect the citizens of a country, and also the relationship between several countries. The IHL protects the relationships between states for the sake of development, the IHRL protects the individual rights of people while the ICR makes the citizens freer in their country. They all work together to create peace and harmony in the globe.
References
Solis, Gary D. The law of armed conflict: international humanitarian law in war. Cambridge University Press, 2016.
Bothe, Michael. The handbook of international humanitarian law. Oxford University Press, 2013.
Bothe, Michael. The handbook of international humanitarian law. Oxford University Press, 2013.
Zahar, A., & Sluiter, G. (2008). International criminal law: a critical introduction. Oxford University Press.
Bantekas, I., & Nash, S. (2009). International criminal law. Routledge.
Nader, Fadi B. “Kuwait: human rights under the Constitution.” Yearbook of Islamic and Middle Eastern Law Online 7.1 (2000): 267-270.