Expound on the Historical evolution of the relationship between Human rights law andHumanitarian law
Question
Expound on the Historical evolution of the relationship between Human rights law and Humanitarian law
Solution
The relationship between human rights law and humanitarian law has evolved significantly over the years. Here is a step-by-step explanation of this evolution:
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Pre-World War II Era: Prior to World War II, there was no formalized international human rights law. The concept of humanitarian law, however, existed in the form of laws of war, which were primarily concerned with the treatment of combatants and civilians during times of war.
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Post-World War II Era: The atrocities committed during World War II led to the establishment of the United Nations in 1945 and the subsequent adoption of the Universal Declaration of Human Rights in 1948. This marked the beginning of formalized international human rights law. Meanwhile, humanitarian law was also strengthened with the adoption of the four Geneva Conventions in 1949.
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Cold War Era: During the Cold War, both human rights law and humanitarian law continued to develop, albeit separately. Human rights law focused on civil and political rights, as well as economic, social, and cultural rights. Humanitarian law, on the other hand, was further developed through the adoption of the two Additional Protocols to the Geneva Conventions in 1977.
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Post-Cold War Era: After the end of the Cold War, there was a growing recognition of the interrelationship between human rights law and humanitarian law. This was reflected in the establishment of international criminal tribunals for the former Yugoslavia and Rwanda in the 1990s, which prosecuted individuals for violations of both human rights law and humanitarian law.
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21st Century: In the 21st century, the relationship between human rights law and humanitarian law has become increasingly intertwined. This is evident in the work of the International Criminal Court, which has jurisdiction over crimes that violate both bodies of law. Moreover, there is a growing recognition that human rights law continues to apply during times of armed conflict, alongside humanitarian law.
In conclusion, the relationship between human rights law and humanitarian law has evolved from being two separate bodies of law to being increasingly intertwined. This reflects the growing recognition that both bodies of law are necessary to protect individuals in all situations, whether in peace or in war.
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