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Journal articles on the topic 'Humanitarian rights'

Author: Grafiati

Published: 7 September 2021

Last updated: 29 July 2025

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1

Kernot, Sarah. "Humanitarian intervention: Human rights versus humanitarian assistance." Global Change, Peace & Security 18, no. 1 (2006): 41–55. http://dx.doi.org/10.1080/14781150500453245.

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2

Donnelly, Jack. "Human Rights, Humanitarian Crisis, and Humanitarian Intervention." International Journal: Canada's Journal of Global Policy Analysis 48, no. 4 (1993): 607–40. http://dx.doi.org/10.1177/002070209304800402.

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3

Doswald-Beck, Louise. "The right to life in armed conflict: does international humanitarian law provide all the answers?" International Review of the Red Cross 88, no. 864 (2006): 881–904. http://dx.doi.org/10.1017/s1816383107000823.

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AbstractThis article describes the relevant interpretation of the right to life by human rights treaty bodies and analyses how this might influence the law relating to the use of force in armed conflicts and occupations where international humanitarian law is unclear. The concurrent applicability of international humanitarian law and human rights law to hostilities in armed conflict does not mean that the right to life must, in all situations, be interpreted in accordance with the provisions of international humanitarian law. The author submits that the human rights law relating to the right t

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4

Hopgood, Stephen. "When the Music Stops." Journal of Humanitarian Affairs 1, no. 1 (2019): 4–14. http://dx.doi.org/10.7227/jha.002.

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The modern global humanitarian system takes the form it does because it is underpinned by liberal world order. Now the viability of global liberal institutions is increasingly in doubt, a backlash against humanitarianism (and human rights) has gained momentum. I will argue that without liberal world order, global humanitarianism as we currently understand it is impossible, confronting humanitarians with an existential choice: how might they function in a world which doesn’t have liberal institutions at its core? The version of global humanitarianism with which we are familiar might not survive

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5

Rieff, David. "Moral Imperatives and Political Realities." Ethics & International Affairs 13 (March 1999): 35–42. http://dx.doi.org/10.1111/j.1747-7093.1999.tb00325.x.

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Thomas Weiss's essay is a fine contribution to the current conversation within the humanitarian international, but there is a worrying absence of a broader, extra-humanitarian context in the discussion. There is no question that “Human Rightsism” has become the dominant political ideology of the international new class, and the common currency of UN treaties, academic conferences, and charitable foundation mission statements.What remains open to question is whether, in the field, where humanitarians and human rights activists do their work, this revolution is real, or whether it is instead a f

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6

Susanto, Fransiska. "PENOLAKAN PEMBERIAN BANTUAN KEMANUSIAAN DARI PBB OLEH MYANMAR DALAM PRESPEKTIF HUKUM HAK ASASI MANUSIA INTERNASIONAL." Arena Hukum 13, no. 3 (2020): 589–606. http://dx.doi.org/10.21776/ub.arenahukum.2020.01303.10.

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The rejection from Myanmar over the United Nation humanitarian aids leads to unnecessary suffering for Rohingya in Myanmar. The rejection are not only for the foods but all kind of aids from the United Nation. The aid rejection violates a number of human rights such as right to life, right to food, and right to health. Although the Myanmar government could decline aids under their rights of sovereignty state, the state must first give sufficient aids to Rohingya. The state could not just cut or decline the humanitarian aids if the state is unwilling and unable to provide the humanitarian aids

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Susanto, Fransiska. "PENOLAKAN PEMBERIAN BANTUAN KEMANUSIAAN DARI PBB OLEH MYANMAR DALAM PRESPEKTIF HUKUM HAK ASASI MANUSIA INTERNASIONAL." Arena Hukum 13, no. 3 (2020): 589–606. http://dx.doi.org/10.21776/ub.arenahukum.2020.01303.10.

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The rejection from Myanmar over the United Nation humanitarian aids leads to unnecessary suffering for Rohingya in Myanmar. The rejection are not only for the foods but all kind of aids from the United Nation. The aid rejection violates a number of human rights such as right to life, right to food, and right to health. Although the Myanmar government could decline aids under their rights of sovereignty state, the state must first give sufficient aids to Rohingya. The state could not just cut or decline the humanitarian aids if the state is unwilling and unable to provide the humanitarian aids

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8

Rodríguez Gómez, Edgardo. "Crónica de un indulto humanitario (con gracia presidencial) anunciado = Chronicle of a humanitarian pardon (with a right of grace) foretold." EUNOMÍA. Revista en Cultura de la Legalidad, no. 15 (October 1, 2018): 123. http://dx.doi.org/10.20318/eunomia.2018.4344.

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Resumen: El artículo analiza el proceso político y administrativo que condujo a la decisión del expresidente de la República del Perú, Pedro Pablo Kuczynski, de otorgar un indulto humanitario y una gracia presidencial a favor de Alberto Fujimori Fujimori, condenado por graves violaciones de derechos humanos cometidas al encabezar el Poder Ejecutivo peruano en los años noventa del siglo pasado. Se revelan los argumentos jurídicos y políticos planteados por exfuncionarios del Ministerio de Justicia y Derechos Humanos de ese país, que advirtieron a los altos cargos de esa entidad las consecuencia

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9

Salsabila, Alyah Rezky, and Farrel Maulana Riyadi. "Juridical Analysis of Protection of the Rights of Indonesian Citizens & Ethnic Rohingya Refugees in Indonesia: A Meta-Analysis Based on Humanitarian and Security Aspects." Open Access Indonesia Journal of Social Sciences 7, no. 4 (2024): 1630–38. http://dx.doi.org/10.37275/oaijss.v7i4.257.

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The humanitarian crisis experienced by the Rohingya ethnic group has prompted a massive exodus, including to Indonesia. This research aims to analyze juridically the protection of the rights of Indonesian citizens (WNI) and Rohingya refugees in Indonesia, with a focus on humanitarian and security aspects. The meta-analysis was carried out by reviewing literature from 2018-2024, including scientific journals, government reports, and international legal documents. Qualitative analysis is used to evaluate the protection of the rights of Indonesian citizens and Rohingya refugees based on humanitar

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10

O'Meara, Chris. "SHOULD INTERNATIONAL LAW RECOGNIZE A RIGHT OF HUMANITARIAN INTERVENTION?" International and Comparative Law Quarterly 66, no. 2 (2017): 441–66. http://dx.doi.org/10.1017/s0020589317000057.

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AbstractThe ongoing Syrian civil war calls for a re-evaluation of using force to protect human rights. This article does not rake over the much-debated issue of whether a right of humanitarian intervention exists as lex lata. Instead, it addresses the little reviewed normative issue of whether the right should exist in international law to support and reflect a pluralistic understanding of sovereignty. Despite advancements in international human rights law, international humanitarian law and international criminal law, this wider fabric of international law preserves Westphalian sovereignty an

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11

Kent, George. "Rights and obligations in international humanitarian assistance." Disaster Prevention and Management 23, no. 3 (2014): 214–21. http://dx.doi.org/10.1108/dpm-07-2013-0122.

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Purpose – The purpose of this paper is to propose a framework for understanding the rights and obligations of different parties in relation to international humanitarian assistance. Design/methodology/approach – Past discourse on rights and obligations of the parties in various types of humanitarian emergencies is critically reviewed. Various moral and legal principles are used to assess that discourse. Findings – Many governments emphasize their right to provide international humanitarian assistance, but appear reluctant to acknowledge any obligation to provide such assistance. Claims regardi

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12

Schabas, William A. "Lex Specialis?Belt and Suspenders? The Parallel Operation of Human Rights Law and the Law of Armed Conflict, and the Conundrum ofJus ad Bellum." Israel Law Review 40, no. 2 (2007): 592–613. http://dx.doi.org/10.1017/s0021223700013443.

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Two different theories attempt to reconcile problems of application of international human rights law in time of armed conflict, to the extent that there is a potential conflict with norms set out in international humanitarian law. One, posited by the International Court of Justice, presents international humanitarian law as the lex specialis, a kind of prism through which the concept of “arbitrary deprivation of life” (Article 6(1) International Covenant on Civil and Political Rights) is to be understood in time of armed conflict. In effect, international humanitarian law supplants internatio

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13

Hill-Cawthorne, Lawrence. "Rights under International Humanitarian Law." European Journal of International Law 28, no. 4 (2017): 1187–215. http://dx.doi.org/10.1093/ejil/chx073.

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14

De Zayas, Alfred. "Human Rights and Humanitarian Law1." Nordic Journal of International Law 61-62, no. 1-4 (1992): 259–61. http://dx.doi.org/10.1163/15718107-90000034.

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15

Cannon, Marianne. "Humanitarian and human rights issues." Emergency Medicine Australasia 15, no. 5-6 (2003): 528. http://dx.doi.org/10.1046/j.1442-2026.2003.00518.x.

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16

Tayler, Zachary. "Humanitarian Legacy." Pacific Historical Review 94, no. 2 (2025): 168–97. https://doi.org/10.1525/phr.2025.94.2.168.

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The height of the Indochinese refugee crisis came during the middle of Jimmy Carter’s presidency. Carter’s administration faced the challenge of navigating international and domestic outcries to assist Indochinese refugees in the aftermath of the Vietnam War and during the Third Indochina War. This article sheds light on the role of the first assistant secretary of state for the Bureau of Human Rights and Humanitarian Affairs, Patricia Murphy “Patt” Derian. Within the debate over her success at the Department of State, scholarship has yet to provide insight into Derian’s involvement in the Ind

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17

Barber, Rebecca. "Facilitating humanitarian assistance in international humanitarian and human rights law." International Review of the Red Cross 91, no. 874 (2009): 371–97. http://dx.doi.org/10.1017/s1816383109990154.

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AbstractIn 2008, 260 humanitarian aid workers were killed or injured in violent attacks. Such attacks and other restrictions substantially limit the ability of humanitarian aid agencies to provide assistance to those in need, meaning that millions of people around the world are denied the basic food, water, shelter and sanitation necessary for survival. Using the humanitarian crises in Darfur and Somalia as examples, this paper considers the legal obligation of state and non-state actors to consent to and facilitate humanitarian assistance. It is shown that the Geneva Conventions and their Add

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18

Taran, Olena, and Mariia Hryha. "Application of international humanitarian law by the European Court of Human Rights." Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav 29, no. 2 (2024): 9–17. http://dx.doi.org/10.56215/naia-herald/2.2024.09.

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The problem of human rights protection is particularly acute during armed conflicts, when the most widespread and serious human rights violations occur. International humanitarian law is a reliable tool for countering such violations, specifically through the implementation of its norms alongside the European Convention on Human Rights in the judgments of the European Court of Human Rights. The purpose of this study was to make some generalisations about the approaches of the European Court of Human Rights to determining the relationship and correlation between the European Convention on Human

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19

Shapovalova, N. "International principles of combating the illegal use for profit of humanitarian aid, charitable donations, or free aid." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 490–94. http://dx.doi.org/10.24144/2788-6018.2023.01.85.

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The article is devoted to an extremely relevant topic - the characteristics of the international principles of combating the illegal use for profit of humanitarian aid, charitable donations, or free aid. It has been proven that much of international humanitarian assistance is based on the premise that armed conflict will inevitably resume, but that all parties involved can take steps to minimize the hardships faced by civilians caught in the chaos. Nevertheless, the parties involved in the conflicts constantly do not fulfill their demands. The International Court of Justice has repeatedly note

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20

Lubis, Muhammad Ikhsan. "The Relationship of International Human Rights Law with International Humanitarian Law in Situations of International Armed Conflicts." Journal of Indonesian Legal Studies 1, no. 1 (2017): 13–34. http://dx.doi.org/10.15294/jils.v1i01.16565.

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The existence between International Humanitarian Law and Human Rights Law has a different feel from each other, though equally universal. As an example of mistreatment of prisoners of war committed by US Occupation Forces in Iraq, surely all countries say it is an international crimes (war crimes). This paper would discuss concerning how the relationship the International Human Rights with International Humanitarian Law in Situations of International Armed Conflicts. The paper argued that the relationship between human rights and humanitarian law can be distinguished but not separated. The pri

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21

Burgos, Hernán Salinas. "The taking of hostages and international humanitarian law." International Review of the Red Cross 29, no. 270 (1989): 196–216. http://dx.doi.org/10.1017/s002086040007306x.

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It is generally acknowledged by the international community that the taking of hostages is one of the most vile and reprehensible of acts. This crime violates fundamental individual rights—the right to life, to liberty and to security—that are protected by binding legal instruments such as the 1966 International Covenant on Civil and Political Rights on the worldwide level, and the 1969 American Convention on Human Rights and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms on the regional level. The United Nations General Assembly has stated that the ta

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22

BAER, DANIEL. "The ultimate sacrifice and the ethics of humanitarian intervention." Review of International Studies 37, no. 1 (2010): 301–26. http://dx.doi.org/10.1017/s0260210510000963.

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AbstractThe discourse about the morality of humanitarian intervention – though undeniably well- (over-?) trodden in recent years – has two critical gaps. First, despite its central moral concern with the rights and lives of individuals living under massively oppressive states or terrible conditions, and despite its powerful attacks on traditional notions of state sovereignty, the discourse remains statist. Humanitarian intervention understood as something that states do, and if there is a right or responsibility to intervene it is a right or responsibility held by states. The second gap in the

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23

Bass, Gary J. "Humanitarian Intervention in the 21st Century." Tocqueville Review 30, no. 1 (2009): 17–35. http://dx.doi.org/10.3138/ttr.30.1.17.

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What future is possible for the promotion of human rights after Iraq? George W. Bush’s disastrous misadventure has rightly become the prime exhibit of the folly of military means. The fear of interventionism covers both left and right. For some critics of the Bush administration, human-rights-minded liberals are due particular blame for being useful idiots for the Bush agenda.

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24

Mohammed Sbeitan ALHALALMEH, Al-Hareth. "REFUGEE RIGHTS IN INTERNATIONAL HUMANITARIAN LAW." Route Educational and Social Science Journal 7, no. 46 (2020): 27–41. http://dx.doi.org/10.17121/ressjournal.2566.

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25

Bašić, Dragan. "HUMAN RIGHTS AND HUMANITARIAN MILITARY INTERVENTION." Defendologija 16, no. 33 (2013): 59–67. http://dx.doi.org/10.5570/dfnd.en.1333.05.

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26

Tomuschat, C. "Human Rights and International Humanitarian Law." European Journal of International Law 21, no. 1 (2010): 15–23. http://dx.doi.org/10.1093/ejil/chq003.

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27

Armstrong, Edward John Lloyd, and Maria Kett. "Health, human rights, and humanitarian tensions." BMJ 335, Suppl S1 (2007): 0707261. http://dx.doi.org/10.1136/sbmj.0707261.

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28

Kuklina, I. "Human Rights: Politiсal and Humanitarian Dimеnsions". World Economy and International Relations, № 11 (2000): 21–30. http://dx.doi.org/10.20542/0131-2227-2000-11-21-30.

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29

Reeves, Eric. "Sudan: Humanitarian crisis, human rights abysm." Human Rights Review 1, no. 3 (2000): 80–91. http://dx.doi.org/10.1007/s12142-000-1023-x.

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30

Weissbrodt, David, and Peggy L. Hicks. "Implementation of human rights and humanitarian law in situations of armed conflict." International Review of the Red Cross 33, no. 293 (1993): 120–38. http://dx.doi.org/10.1017/s0020860400071540.

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Governments are principally responsible for the implementation of international human rights and humanitarian law during periods of armed conflict. During non-international armed conflicts, governments and armed opposition groups each bear responsibility for their obedience to those norms.International organizations can encourage the participants in armed conflicts to respect human rights and humanitarian law. The International Committee of the Red Cross (ICRC) has long played a leading role in working for the application of humanitarian law during armed conflicts; it has also begun to refer t

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31

Orzeszyna, Krzysztof. "The Common Core of the Fundamental Standards of International Humanitarian Law and International Human Rights Law." International Community Law Review 25, no. 6 (2023): 561–72. http://dx.doi.org/10.1163/18719732-bja10114.

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Abstract The presented paper discusses the convergence of international humanitarian law and international human rights law in armed conflicts. International human rights law and the human rights law converge and interact with each other because natural law is at the core of both these disciplines of public international law. Although international humanitarian law is a lex specialis, the general rules regarding the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its possible derogations

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32

Kuwali, Dan. "‘Humanitarian Rights’: Bridging the Doctrinal Gap between the Protection of Civilians and the Responsibility to Protect." Journal of International Humanitarian Legal Studies 4, no. 1 (2013): 5–46. http://dx.doi.org/10.1163/18781527-00401004.

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The right to intervene under Article 4(h) of the African Union (AU) Constitutive Act and the third pillar of responsibility to protect (R2P) provides for the possibility of using military force to protect civilians from mass atrocities. However, both Article 4(h) and R2P do not specify how the military can or should use force to protect civilians. The omission to define how the military should use force to protect populations at risk was brought to the fore by the implementation of UN Security Council Resolution 1973, through which NATO has been criticized to have overstepped the Security Coun

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Alqahtani, Mohammed Salem, Rohaida Nordin, and Faridah Jalil. "Non-Adherence to Human Rights and Humanitarian Laws in the Conduct of Armed Conflict in Yemen." Sriwijaya Law Review 6, no. 1 (2022): 143. http://dx.doi.org/10.28946/slrev.vol6.iss1.1459.pp143-162.

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To protect the properties, lives, and dignity of human persons worldwide, the International Humanitarian Law seeks to uphold and promote Human Rights Law and other international frameworks regulating the rights of civilians and parties to armed conflict. The conduct of parties to the armed conflict who have grossly violated the combined provisions of International Human Rights Law and the International Humanitarian Law resulted in the persistence of armed conflict and warfare in Yemen, thereby crossing every access road to humanitarian rights and privileges. The researchers adopt the doctrinal

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Orzeszyna, Krzysztof. "Convergence of International Humanitarian Law and International Human Rights Law in Armed Conflicts." Studia Iuridica Lublinensia 32, no. 3 (2023): 237–52. http://dx.doi.org/10.17951/sil.2023.32.3.237-252.

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The article concerns the convergence of international humanitarian law and international human rights law in armed conflicts. International humanitarian law and human rights law converge and permeate each other because both these disciplines of public international law are founded on natural law. Although international humanitarian law constitutes a lex specialis, the general rules on the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its derogations, if any, must be compatible with oth

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Doswald-Beck, Louise, and Sylvain Vité. "International Humanitarian Law and Human Rights Law." International Review of the Red Cross 33, no. 293 (1993): 94–119. http://dx.doi.org/10.1017/s0020860400071539.

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International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with th

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36

William Wongkar and I Wayan Gede Artawan Ekaputra. "Abortion and Human Rights: An Analysis of Indonesian Legal Perspectives in Balancing the Right to Life of the Fetus and Women's Reproductive Health." Journal of Law, Politic and Humanities 5, no. 4 (2025): 2421–28. https://doi.org/10.38035/jlph.v5i4.1513.

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Abortion in Indonesia is a complex legal and ethical issue, sparking debates concerning human rights (HR) from the perspective of the fetus's right to life and women's reproductive health rights. Legally, abortion is governed by the 1945 Constitution, Pancasila, Law No. 39 of 1999 on Human Rights, Law No. 1 of 2023 on the Criminal Code, and Law No. 17 of 2023 on Health. Human rights related to abortion encompass two primary perspectives: the fetus's right to life as part of humanitarian principles and women's right to reproductive health, including access to abortion under specific conditions

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37

AHMED, RUBAR MAJEED. "Interconnection and differentiation between human rights law and international humanitarian law." Journal of Legal and Political Studies 12, no. 1 (2024): 277–304. https://doi.org/10.17656/jlps.10268.

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This research focuses on the relationship between Human Rights Law and International Humanitarian Law, despite the clear differences between them in terms of scope and application. While Human Rights Law is applied during both peace and war times, International Humanitarian Law is only applicable in situations of international and non-international armed conflicts.In terms of sources, Human Rights Law relies on global documents such as the Universal Declaration of Human Rights (1948), the two International Covenants on Human Rights (1966), and regional treaties, while International Humanitaria

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38

McQuaid, Katie R. V. "“We raise up the voice of the voiceless”: Voice, Rights, and Resistance amongst Congolese Human Rights Defenders in Uganda." Refuge: Canada's Journal on Refugees 32, no. 1 (2016): 50–59. http://dx.doi.org/10.25071/1920-7336.40383.

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Amongst Uganda’s Congolese refugee population are a number of human rights defenders who actively resist the construction of refugees as dispossessed and displaced humanitarian aid recipients. Upon fleeing the complex and violent conflicts of the Democratic Republic of Congo, rather than supplicate to a humanitarian regime saturated with the language of human rights, these young men draw on human rights to “raise up the voice of the voiceless.” This article explores how defenders draw on human rights to understand, articulate, and resist the constraints of forced displacement into a humanitari

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Rusman, Rina. "Konsep Pelanggaran Berat Hak Asasi Manusia Dilihat Dari Sisi Hukum Humaniter." Jurnal Hak Asasi Manusia 2, no. 2 (2004): 1–15. http://dx.doi.org/10.58823/jham.v2i2.22.

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Human rights law is not identical with international humanitarian law. This article attempts to explore both the relation and the difference between gross human rights violation and violation of international humanitarian law. The discussion focuses on the problem whether gross human rights violation can be prosecuted and punish using international humanitarian law and vise versa. The writer also discuss the weaknesses of Law on Human Rights Court (UU No 26 thn 2000) compare to the Rome Statute

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Weingartner, Erich, and Kate Merriman. "Humanitarianism vs Human Rights: a Practitioner's Perspective." Toronto Journal of Theology 40, no. 2 (2024): 245–54. https://doi.org/10.3138/tjt-2024-0032.

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[Figure: see text] The co-author of this article, Erich Weingartner, has worked internationally in both human rights and humanitarian aid. Based on his expertise, especially in the Korean peninsula, and on Lutheran theology, he analyzes the tensions between defending human rights and providing humanitarian aid, arguing that a crime and punishment paradigm cannot heal the divisions within our polarized world. The existential threats facing humanity require cooperation and reconciliation. He advocates abandoning dualism and confessing our own complicity in creating and perpetuating the current h

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41

Meyer, Michael A. "Humanitarian action: A delicate balancing act." International Review of the Red Cross 27, no. 260 (1987): 485–500. http://dx.doi.org/10.1017/s0020860400023160.

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Increasingly a number of non-governmental organisations (NGOs) appear to be demanding the right to provide humanitarian assistance and at the same time the right to denounce any violations of human rights. Whereas these are fine and understandable aspirations, they do not coincide with accepted principles of relief law and practice. This short article will explore certain aspects of this subject, primarily in relation to the treaty law applicable to circumstances of armed conflict and in occupied territories (International Humanitarian Law).

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Pietropaolo, Maria Giovanna. "A Human Rights-Based Approach to Humanitarian Assistance." Journal of International Humanitarian Legal Studies 7, no. 2 (2016): 257–93. http://dx.doi.org/10.1163/18781527-00702001.

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With a view to transcending purely philanthropic or political approaches to disaster relief overlooking the entitlement of victims of a catastrophe to be assisted, this article analyses humanitarian assistance from a human rights perspective. Humanitarian aid operations are presented as the result of the interaction between the human rights of people affected by disasters and the corresponding governmental obligations. A distinction is made between the current scenario of disaster relief in which the relevant rights are the ones to life, food, health and medical services, water, adequate housi

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Laberge, Pierre. "Humanitarian Intervention: Three Ethical Positions." Ethics & International Affairs 9 (March 1995): 15–35. http://dx.doi.org/10.1111/j.1747-7093.1995.tb00169.x.

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The three ethical positions Laberge outlines are: (1) “Rawlsian ethics,” which are distinct from the ethics of Immanuel Kant and John Rawls himself; (2) the position of Michael Walzer adapted from J. S. Mill; and (3) the position most recently articulated by the Canadian philosopher Howard Adelman on the “Anglo-American” debate, which developed out of Walzer's position. These three positions, Laberge writes, are “an ethics of human rights, ethics of the right to a historical community, and an ethics of peace

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Szpak, Agnieszka, Monika Bar, and Eric Kemp. "PROTECTION OF THE ENVIRONMENT – INTERNATIONAL HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW PERSPECTIVES." Torun International Studies 1, no. 19 (2024): 33–52. http://dx.doi.org/10.12775/tis.2024.003.

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This review essay outlines, examines and compares two approaches to the environment – the international human rights law approach and the international humanitarian law approach. International community is in the middle of a climate emergency, facing societal collapse and the possible extinction of our species in the future. Hence, we might or we should use any legal weapon we can – including international human rights law and international humanitarian law – to confer as much protection on the environment as we can. The main research questions are: Which of these approaches better protects th

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Nurimaniar, Yuditia, and Hilmi Ardani Nasution. "Humanitarian Intervention: Institutional Support from the Ministry of Law and Human Rights of the Republic of Indonesia." Jurnal Ilmiah Kebijakan Hukum 16, no. 3 (2022): 377. http://dx.doi.org/10.30641/kebijakan.2022.v16.377-396.

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Humanitarian intervention is an act of intervention using armed forces for humanitarian purposes. Indonesia as a country that has a role to participate in maintaining world security and order has the potential to carry out humanitarian interventions. The implementation of humanitarian intervention requires in-depth consideration and study. Therefore, this study tries to find out about the aspect of law and human rights institutions in the implementation of humanitarian intervention conducted by Indonesia. The method used is normative research, by reviewing existing regulations that are related

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Nascimento, Daniela Santos. "The inclusion of Human Rights in humanitarian assistance. The difficult but necessary way between theory and practice." Deusto Journal of Human Rights, no. 1 (December 11, 2017): 41–84. http://dx.doi.org/10.18543/aahdh-1-2004pp41-84.

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With the end of the Cold War, one of the most important developments has clearly been the recognition of the universal value of human rights and of the need to effectively respect and promote them at all levels of international relations. Among the priority areas, humanitarian action in conflict situations was then to be considered particularly important, with a clear objective of contributing for peace. However, observing the scenario of humanitarian assistance especially in the second half of the 90s, these aspirations seem to have been contradicted by some concerning and challenging realiti

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Ouyang, Helen, Michael VanRooyen, and Sofia Gruskin. "The Sphere Project: Next Steps in Moving Toward a Rights-Based Approach to Humanitarian Assistance." Prehospital and Disaster Medicine 24, no. 3 (2009): 147–52. http://dx.doi.org/10.1017/s1049023x00006749.

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AbstractSince the Sphere Project was launched in 1997, it has sought to integrate principles of human rights norms with adherence to technical standards. While the Sphere Handbook has evolved as both a field tool and a resource for articulating human rights, it does not fully offer a rights-based approach to humanitarian assistance. In the handbook's current edition, its Humanitarian Charter asserts and affirms human rights principles, but the technical Minimum Standards Section that follows has yet to truly embody a rightsbased approach; that is, it does not clarify how to operationalize huma

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Arnott, Grady, Charles Otema, Godfrey Obalim, Beatrice Odallo, Teddy Nakubulwa, and Sam B. T. Okello. "Human rights-based accountability for sexual and reproductive health and rights in humanitarian settings: Findings from a pilot study in northern Uganda." PLOS Global Public Health 2, no. 8 (2022): e0000836. http://dx.doi.org/10.1371/journal.pgph.0000836.

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Ensuring accountability for the realization of sexual and reproductive health and rights is a human rights obligation and central tenet of strategies to improve health systems and outcomes in humanitarian settings. This pilot study explored the feasibility and acceptability of deploying human rights strategies, specifically through a participatory community-led complaints mechanism, to hold humanitarian health systems to account for the sexual and reproductive health and rights of refugee and host community women and girls in northern Uganda. Over a fifteen-month period we conducted a multi-me

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Provost, René. "The International Committee of the Red Widget? The Diversity Debate and International Humanitarian Law." Israel Law Review 40, no. 2 (2007): 614–47. http://dx.doi.org/10.1017/s0021223700013455.

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This article asserts there has been a lack of attention to the impact of cultural diversity within the field of international humanitarian law. Discussions surrounding culture in international humanitarian law have nearly always avoided the central issue of cultural particularism. This has been so in relation to the debate surrounding the emblem, in general surveys of humanitarian law, and in discussions of the laws of war in distinct legal and cultural traditions. The emblems debate, in particular, signals the elusiveness of rigid universality within international humanitarian law. Five eleme

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Ali, Shahla, and Tom Kabau. "Non-State Actors and the Evolution of Humanitarian Norms." Journal of International Humanitarian Legal Studies 5, no. 1-2 (2014): 70–104. http://dx.doi.org/10.1163/18781527-00501001.

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The Sphere Humanitarian Charter, a self-regulation instrument of humanitarian non-State actors, establishes principles and minimum standards in the provision of humanitarian assistance in select vital life-saving relief activities, especially in nutrition and health. The Charter articulates principles and minimum standards for facilitating the achievement of rights and obligations enshrined in various international legal “soft law” instruments. Due to the multiplicity of international legal instruments, the Sphere Charter provides a tool for a coherent understanding and application of relevant

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