Open AccessInternational Human rights law in an armed conflict: Legal perspectives on obligations of States and Extraterritoriality
Author(s) -
Sardar M.A. Waqar Khan Arif
Publication year - 2018
Publication title -
pakistan journal of humanities and social sciences
Language(s) - English
Resource type - Journals
eISSN - 2709-801X
pISSN - 2415-007X
DOI - 10.52131/pjhss.2018.0601.0032
Subject(s) - human rights , political science , international human rights law , international humanitarian law , law , armed conflict , international law , extraterritoriality , law and economics , sociology , jurisdiction
Human rights are available to everyone on the basis of humanity. Universality, non-discrimination, equality and inalienability are core principles governing International Human rights Law (IHRL). The law governing armed conflict or war is known as International humanitarian Law (IHL). In the case of armed conflict, IHRL poses certain obligations on states along with humanitarian obligations. In this context, this article identifies the international human rights obligations of States in armed conflict. It argues that States must respect, promote, protect and fulfill human rights obligations of individuals, in the case of armed conflict, with increasing and serious concern, by analyzing the applicable legal framework under IHRL. It also addresses the extraterritorial application of IHRL and its limitations and derogations in armed conflict. Further, it discusses contemporary challenges for States in jurisdictional applicability and implementation of IHRL. To that extent, the argument developed throughout this article is that States have obligations under IHRL, irrespective of humanitarian obligations, not only in peace situations but also in the case of war or armed conflict.