Home > The Right to Life of Protected Persons During Armed Conflict: A Comparative Study of International Humanitarian Law and Human Rights Law

The Right to Life of Protected Persons During Armed Conflict: A Comparative Study of International Humanitarian Law and Human Rights Law


Author

Jawad, Saqib

Program

PhD

Institute

International Islamic University

City

Islamabad.

Province

Islamabad.

Country

"Pakistan"

Thesis Completing Year

2019

Thesis Completion Status

Completed

Subject

Law

Language

English

Keywords


Law; Law and Legislature

Link

http://prr.hec.gov.pk/jspui/bitstream/123456789/12153/1/Saqib%20jawad%20law%202019%20iiui%20isb%20prr.pdf

Abstract

The right to life is core human right and is also called mother of all other human rights because without existence, recognition and protection of the right life, existence, protection and enjoyment of any other right is not possible. This right existed in every society, culture and religion and has been recognized as one of the fundamental rights of every person without any discrimination on the basis of race, sex, culture or religion. However, the application and enforcement of the right to life differed in every legal system, society and culture. The main reason of this difference appears to be the interpretation of the right to life on one hand and its application along with other human rights on the other. In the same manner, international law including all its branches, recognizes the right to life and encourages all the international community to protect it at international as well as domestic level. International Humanitarian Law (IHL) and Human Rights Law (HRL) directly deal with the protection of the right to life, but the application of the right to life particularly with regard to its application during armed conflict under both these branches of international law differ. The difference is not based on the deficiency of any of them with regard to the recognition of the right to life, rather on the basis of corresponding duties under both these branches of international law. It was also debated as to whether HRL is applicable during armed conflict. Currently the debate has been settled and nobody disputes its application during armed conflict. However, IHL has adopted a bit liberal approach in respect of the protection of the right to life, particularly with regard to combatants, because combatants on the one hand enjoy freedom to do all acts otherwise lawful during combat and in response lose their protection from various rights including the right to life. HRL on the other hand, adopts a strict approach and accordingly nobody loses his or her protection unless all other measures to deal with a particular situation have been adopted and exhausted. Owing to this difference of application of the right to life during armed conflict, it is the requirement of the hour to settle the issue and remove the difference between these two branches of international law and this study is primarily intended for the same purpose and would contribute in protection of this core human right.

ID

ARI-65318

Added

2021-02-17 07:49:13

Modified

0000-00-00 00:00:00