Royal University of Law and Economics Subject International

Royal University of Law and Economics Subject: International Criminal Law Professor : Mateusz Prorok Topic: Relationship Between International Human Rights Law, International Humanitarian Law and International Criminal Law Group 01: § Dy Sivchhorng § Phon Yuthmaryna § Chann Makron

Content: I. Introduction II. What is International Human Rights Law III. What is International Humanitarian Law IV. What is International Criminal Law V. The Similarity and Difference of International Human Rights Law and International Humanitarian Law VI. Interaction of Human Rights Law and Humanitarian Law VII. Law Governing VIII. The IHRL, IHL, ICL are working related to each other IX. Conclusion

Relationship Between International Human Rights Law, International Humanitarian Law and International Criminal Law

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Introduction What is International Human Rights Law ? • What does rights mean to you guys? => Rights are things which you are entitled or allowed freedoms that are guaranteed.

What does the International Human rights Law? • A very simple meaning of human rights are the rights that you have simply because you're human. • International Human rights law are refer to the body of international law designed to promote and protect human rights at the International, regional and domestic law. • A very sad truth of human rights were never as universal as people hope.

What is International Humanitarian Law ? • International Humanitarian Law is the branch of customary and treaty based international positive law whose purposes are to limit the methods and means of warfare and to protect the victims of armed conflicts. • Humanitarian law is contained in the Geneva Conventions at 1949, nearly every state in the world has agreed to be bound by them. • Note : International Humanitarian law applies only to armed conflict. It does not cover internal tensions or disturbances such as isolated acts of violence.

What is International Criminal Law ? • International Criminal law is the part of public International law that deals with the criminal responsibility of individual for international crimes. • What is International Crimes ? • International crimes is the term for certain extremely serious violations of international law such as genocide, war crimes, crimes against humanity, torture and enforced disappearance.

The Similarity and Difference of International Human Rights Law and International Humanitarian Law

Similarity • Right to life prohibition of torture and ill-treatment • Non- discrimination respect of judicial guarantees • Protect human life • Prescribe basic rights for person subject to a criminal justice process • Comprise provision for the protection of women and children • Regulate aspects of the right to food and heath

Difference HRL • Economic, Social and Cultural Rights • right to education • right to work • right to family right • Civil and Political Rights • freedom of association • freedom of press • freedom of conscience IHL • Protection and care of the wounded and sick • Protection of civilians for the effect of hostilities • Regulation of means and method of warfare • Providing humanitarian relief

Difference HRL • At all times • Derogations in time of emergency • States' rights and obligation • Individual rights and duties • All individual within the territory and/or subject to the jurisdiction of the state IHL • Armed conflicts • in all circumstances • States'/ armed groups'/ individual duties and obligations • Categories of persons affected by armed conflicts • Territory of the parties to the conflict

The Interaction of Human Rights Law and Humanitarian Law • HRL interpreted in light of IHL • IHL interpreted in light of HRL • HRL fill gaps in IHL • IHL as minimal standard

Law Governing HRL IHL • Hague Convention (1899&1907) • The International Bill of Human Right consist of: • Universal Declaration of Human Rights • application of armed force • use and legality of weapons • Geneva Convention of 1949 • protect soldier wounded during combat, regardless of nationality • The ICESCR • protect those providing assistance • The ICCPR • protect military ambulance and hospital, which are recognized as neutral Ø Its two optional protocol • use of the red cross as the sing of identification of medical service • Additional Protocol of 1977

IHRL, IHL, ICL are related with each other. • Dose violation again Human Right and Humanitarian Law considered as criminal under International Criminal Law ? • Only the serious violation against Human Rights and Humanitarian Law that treat as a criminal International Criminal Law.

IHRL, IHL, ICL are related with each other. • The 1998 Rome Statute of the International Criminal Court established the first permanent International Criminal Court Established the first International Judicial Body to prosecute individual for " The most serious crime concern to the international community". • The court has jurisdiction over : • Genocide • War Crime • Crime again humanity • Crime of Aggression

Conclusion