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IHL
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the origin is ancient, codified in 2nd half of the 19th century, under the influence of Henry Dunant, the founding father of the international committee of the red cross
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HR
answer
recent body of law which emerged after the WW2
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IHL
answer
applies exclusively in armed conflict
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HR
answer
applies in principle at all times i.e. in peacetime and wartime
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IHL
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governs international armed conflicts
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HR
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developed primarily for peacetime, applies to all persons w/in the jurisdiction of a state
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IHL
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distinguishes between combatants and civilians or provide for categories of protected person
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HR
answer
does not distinguish between combatants and civilians or provide for categories of protected person
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IHL
answer
binds all parties to an armed conflict
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HR
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binds only states; governs the relationship between a state and persons who are on its territory and/or subject to its jurisdiction
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IHL
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deals with many issues that are outside the purview of human rights law, such as the status of combatants and prisoners of war, the protection of the red cross and red crescent emblems and the legality of specific kinds of weapon
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HR
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deals w aspects of life that are not regulated by IHL e.g. freedom of press, right to assembly, vote
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1. international armed conflicts, which involve at least 2 countries
2. situations where the whole or part of a country's territory is occupied by a foreign power
3. armed conflicts that arise within a country between a government and one or more organized armed groups or between various organized armed groups
2. situations where the whole or part of a country's territory is occupied by a foreign power
3. armed conflicts that arise within a country between a government and one or more organized armed groups or between various organized armed groups
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3 situations where IHL applies
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1. principle of distinction
2. prohibition to attack those hors de combat i.e. those not directly engaged hostilities
3. prohibition to inflict unnecessary suffering
4. principle of necessity
5. principle of proportionality
2. prohibition to attack those hors de combat i.e. those not directly engaged hostilities
3. prohibition to inflict unnecessary suffering
4. principle of necessity
5. principle of proportionality
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the core fundamental principles of IHL
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- both thrive to protects the lives, the health and the dignity of individuals albeit from diff angles
- both prohibit torture or cruel treatment prescribe basic rights for persons subject to criminal process
- both prohibit discrimination, contain provisions for the protection of women and children
- both regulate aspects of the right to food and health
- both prohibit torture or cruel treatment prescribe basic rights for persons subject to criminal process
- both prohibit discrimination, contain provisions for the protection of women and children
- both regulate aspects of the right to food and health
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Similarities of HR and IHL
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Human Rights Law
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a set of international rules, established by treaty or custom, on the basis of which individuals and groups can expect and/or claim certain rights that must be respected and protected by their states
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Yes
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Is vote buying a human rights violation?
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IHL
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It restricts the means and methods of warfare.
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