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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

Thesis Info

Access Option

External Link

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

Link

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

Added

2021-02-17 19:49:13

Modified

2024-03-24 20:25:49

ARI ID

1676725124686

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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.
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جو اُجلا تن نہیں تو کیا ، میں اُجلا من تو رکھتا ہوں

جو اُجلا تن نہیں تو کیا میں اُجلا من تو رکھتا ہوں
میں تشنہ لب ہوں آنکھوں میں مگر ساون تو رکھتا ہوں

اگرچہ تیرگی ہی تیرگی ہے چار سُو میرے
میں ایسی تیرگی میں بھی دلِ روشن تو رکھتا ہوں

مرے دامن میں رنج و غم کی ہے اشکوں کی دولت ہے
مجھے مت جانیے مفلس کہ ایسا دھن تو رکھتا ہوں

میں بستا شہر میںہوں پھر بھی صحرا سے مجھے نسبت
نہیں میں قیس تو کیا ہے میں پاگل پن تو رکھتا ہوں

میں اُن کو دل میں رکھتا ہوں جو تائبؔ دور رہتے ہیں
اگرچہ بے ہنر ہوں پھر بھی اتنا فن تو رکھتا ہوں

Issues of Ethnic Diversity and Just Development in Pakistan with a Special Focus on the Seraiki Ethnic Group

Ethnicity implies the sense of belonging together as the cultural group in a given society. It is a complex combination of racial, cultural and historical characteristics by which people differentiate themselves from other groups. This research envisages the genesis and the evolution of ethnicity as a political concept, the problems of ethnicity in a heterogeneous, multicultural state and the phenomenon of ethno-nationalism in its historical and analytical perspective in the federation of Pakistan with special reference to the status of Seraiki ethnic group. In fact ethnic expressions exist in all multicultural states and distinct ethnic groups evaluate themselves through communal prism. The less privileged groups develop abhorrence against the over – privileged groups due to the persistence of socioeconomic injustices. Factors like the gap between core and periphery, asymmetrical modernization and authoritarian trends lead towards ethnic disruption. Same is the case with Pakistan, a multilingual, multiracial and multiethnic state with federating units reflecting various diversities. The analysis of ethno-nationalism in Pakistan highlights factors, like regional cultural identity, relative deprivation among regions, centralized state structure, denial of accepting regional language as national language, and the absence of democratic values as being the root causes of the Bengali separatism. The assimilationist policies of the government do not acknowledge the regional/ethnic aspirations. Denial of pluralistic approach has been thwarting the demand for provincial autonomy. The nature of ethnic consciousness in the Seraiki belt, analyzed in this article, is found to be nurtured by the perceived socio-economic injustice at intra-provincial level—between the regions of South Punjab and Central and Northern Punjab put together

O Ptimization of B Lock E Ncryption B Ased S Peech C Oder a Gainst T Ransmission C Hannel N Oise

Compression of data has become a worldwide phenomenon during the past few decades for rea- son of achieving savings in band-width (BW) and hence makes it cost effective. The widespread practice of encryption of data has generated interest for many decades and it mainly aims at pro- tection of data. Combining these two apparently contrary processes (in terms of BW) is quite challenging. Whereas the research on concurrent data compression and data protection (encryp- tion) is still on, the methodology adopted by the author is unique and quite new. The most impor- tant aim of data compression technique is the need for curtailing the data storage and communi- cation expenses. The source message (long) is converted to a codeword (small). The key objec- tive of data encryption is to guard the integrity of data if it is intercepted by an eavesdropper. The plaintext is transformed in to ciphertext using an encryption key or keys. Combining the processes of compression and encryption together must be done in this order, that is, compres- sion followed by encryption because all compression techniques heavily rely on the redundancies inherently part of a regular text or speech. The speech compression has been achieved using Lempel-Ziv 78 algorithm and a new algorithm for encryption/decryption, named ―The Random- One, abbreviated as TR-1‖ is developed during this study and is thoroughly tested. The results obtained are quite encouraging. Firstly, contrary to the use of conventional methods the algo- rithm developed in this study does not use exclusive-OR (XOR) operation in Permutation (P) and Distribution (D) boxes for producing ciphertext from the plaintext. In this scheme pseudo ran- dom number (PRN) is used only to deceive the intruder by adding more confusion (meaning compared to the confusion due to the use of some tested algorithms used in this research). In fact only the sender of information and the intended recipient (not intruders) should be aware of the 44 bit positions filled by the PRN in a 128 word. The intended recipient discards these during deciphering process at the right time (these are disposed of before performing the inverse map- ping in the P-Box). Secondly, protection against attacks is further ensured by using two supple- mentary keys, one for the P-Box, and another for the D-box. In addition the routine key-set of the N selected algorithms further enhances the security. In a small set-up, the distribution of key-set can be mutually agreed upon by the users; but in a large set-up, the distribution of these sets can be accomplished using standard key distribution techniques. Moreover, the proposed algorithm- - also differs from the other methods currently in use due to deployment of a ―sentinel marker”; which is not adopted by other algorithms and this proposal is purely the brain child of the author. The sentinel marker is part of the secret key which is pre-decided and predetermined by the sender and the intended recipient of the information. Twenty bits (out of a total of 128) are used for the sentinel marker which amounts to 2^20 = 1,048,576 possibilities combined with 2^44 = 17.6 trillion possibilities of the ciphertext produced by the PRN. The job for the cryptanalyst to break this cipher becomes formidable and a fool-proof security of data is ensured.