IHRL and IHL in Armed Conflicts: Gondar Law Notes

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Questions and Answers

Which of the following rights is MOST likely to be governed exclusively by International Humanitarian Law (IHL) during an armed conflict?

The right to assemble peacefully
The right to vote in elections
The treatment of the wounded and sick (correct)
The right to freedom of the press

International Human Rights Law (IHRL) applies exclusively to peacetime scenarios and is never applicable during armed conflicts.

False (B)

Define lex generalis and explain how it applies to International Human Rights Law (IHRL)'s traditional role.

Lex generalis means 'general law.' IHRL, as lex generalis, traditionally governs the protection of individuals' rights in normal circumstances

The regulation of the conduct of conflicting parties in armed hostilities is the primary concern of International ___________ Law (IHL).

Humanitarian Signup and view all the answers

Match the legal framework with its area of primary focus:

International Human Rights Law (IHRL) = Relationship between state and individuals International Humanitarian Law (IHL) = Conduct of conflicting parties in armed hostilities Signup and view all the answers

Which of the following cases is associated with the International Criminal Tribunal for the former Yugoslavia (ICTY)?

All of the above (D) Signup and view all the answers

The Geneva Convention relative to the Protection of Civilian Persons in Time of War (Geneva Convention IV) came into force before the European Convention on Human Rights (ECHR).

False (B) Signup and view all the answers

What is the formal name of the European Convention on Human Rights?

Convention for the Protection of Human Rights and Fundamental Freedoms Signup and view all the answers

The International Covenant on Civil and Political Rights (ICCPR) was adopted by the United Nations General Assembly on 16 December ______.

1966 Signup and view all the answers

Match the following conventions with their respective focus:

Geneva Convention IV = Protection of Civilian Persons in Time of War First Geneva Convention = Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field Second Geneva Convention = Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea ICCPR = Civil and Political Rights Signup and view all the answers

In the DRC v. Uganda case, what legal frameworks did the ICJ find Uganda responsible for contravening?

Both International Humanitarian Law (IHL) and International Human Rights Law (IHRL). (B) Signup and view all the answers

The ICJ's decision in the DRC v. Uganda case suggests that IHRL cannot be applied extra-territorially.

False (B) Signup and view all the answers

According to the content, why does the ICTY frequently utilize human rights law instruments and practices?

due to the similar goals, values, and terminology of human rights law and humanitarian law, which helps determine the content of customary international law in humanitarian law. Signup and view all the answers

Even in armed conflicts, human rights laws take the lead whenever the acts are __________ from the general conflicts, even though they are committed within the framework of the general conflict.

remote Signup and view all the answers

Match the following legal principles/bodies with their application in armed conflict scenarios:

International Humanitarian Law (IHL) = Regulates the conduct of hostilities and protects persons not participating in conflict. International Human Rights Law (IHRL) = Applies at all times, including during armed conflict, especially when actions are remote from the general conflict. Lex specialis = A doctrine that does not automatically exclude IHRL from application during armed conflicts Signup and view all the answers

What condition allows human rights laws to take precedence, even during situations that are part of a general conflict?

When the acts are remote from the general conflicts. (A) Signup and view all the answers

The principle of lex specialis automatically excludes the application of International Human Rights Law (IHRL) in situations where International Humanitarian Law (IHL) applies.

False (B) Signup and view all the answers

In internal armed conflicts, what limits are placed on a state's right to fight a rebellion?

the limits of international human rights law Signup and view all the answers

In armed conflict scenarios, what primarily defines the applicability of International Humanitarian Law (IHL) and Human Rights Law (HRL)?

Parameters specific to the armed conflict scenario. (A) Signup and view all the answers

During armed conflicts, Human Rights Law (HRL) is completely suspended, giving full precedence to International Humanitarian Law (IHL).

False (B) Signup and view all the answers

According to the advisory opinion on Nuclear Weapons, what consideration must be given to International Humanitarian Law (IHL) when interpreting the phrase 'arbitrary deprivation of life'?

The concept of necessity during armed conflict Signup and view all the answers

In the context of armed conflict, Human Rights Law (HRL) can safeguard the rights of _ and ensure the right to a fair _.

detainees Signup and view all the answers

Match the following legal cases with the key legal principle or right they addressed regarding the interplay of IHL and IHRL:

Hassan Vs. United Kingdom = Expectation to respect both IHL and IHRL while detaining an individual. Furundizja case = Human rights norms and international customary laws are instrumental in armed conflicts. ICTRs Kronjelac case = Examining arbitrariness in deciding deprivation of liberty as in crimes against humanity. Signup and view all the answers

What did the European Court of Human Rights (ECtHR) decide in Hassan Vs. United Kingdom regarding the detention of individuals during armed conflict?

The UK was expected to respect rules of both IHL and IHRL. (D) Signup and view all the answers

Why does considering both Human Rights Law (HRL) and International Humanitarian Law (IHL) together make it more challenging for an aggressor who kills civilians during an armed attack?

It amplifies the scrutiny and illegitimacy of targeting civilians. (B) Signup and view all the answers

The Furundizja case determined that human rights norms are irrelevant when dealing with cases of armed conflict.

False (B) Signup and view all the answers

According to the ICJ's advisory opinion on nuclear weapons, how does IHRL relate to IHL in armed conflicts?

IHRL continues to apply, but can be partially derogated, with IHL informing the assessment of certain elements. (B) Signup and view all the answers

The Al-Skeini vs. UK case determined that the UK was not accountable under ECHR for the deaths of civilians and non-combatants in Iraq during armed conflicts.

False (B) Signup and view all the answers

In the context of IHRL and IHL, what does the term 'lex specialis' refer to, and how is it relevant in assessing the deprivation of life during armed conflict?

Lex specialis refers to the specialized law (IHL) that is used to assess the 'arbitrariness' in the deprivation of life during armed conflict, even when applying human rights law. Signup and view all the answers

The ICJ's advisory opinion on the construction of the wall in the occupied Palestinian territory suggests that some rights may be exclusively matters of international humanitarian law, others exclusively matters of human rights law, and yet others may be matters of ______ branches of international law.

both Signup and view all the answers

Match the legal bodies with their respective roles in interpreting or enforcing international law:

ICJ = Provides advisory opinions on international law and adjudicates disputes between states. ECtHR = Enforces the European Convention on Human Rights. IHL = A set of rules which seek to limit the effects of armed conflict for humanitarian reasons. IHRL = Deals with the guarantees and legal protections of individuals and groups against actions that interfere with fundamental rights and freedoms. Signup and view all the answers

According to the ICJ's advisory opinion on the construction of the wall, which of the following rights were found to be violated by Israel?

The right to work, the right to health, the right to education, and the right to a basic standard of living. (B) Signup and view all the answers

The ICJ concluded that the construction of the wall by Israel was a military necessity.

False (B) Signup and view all the answers

What are the implications of the principle of complementarity between IHRL and IHL in situations of armed conflict?

The principle of complementarity suggests that in armed conflicts, both IHRL and IHL may apply, with IHRL filling gaps or addressing issues not specifically covered by IHL, ensuring broader protection of individuals. Signup and view all the answers

According to the Tadić case, which scenario can lead to crimes punishable under international law, such as crimes against humanity?

Armed hostilities resulting in violation of International Human Rights Law (IHRL). (B) Signup and view all the answers

International Humanitarian Law (IHL) and International Human Rights Law (IHRL) operate independently of each other and never overlap in armed conflict situations.

False (B) Signup and view all the answers

Name one specific international tribunal case, other than the Tadić case, that has addressed the relationship between International Humanitarian Law and International Human Rights Law.

Al-Skeini and Others v. United Kingdom Signup and view all the answers

The case of Hassan v. the United Kingdom was heard by the Grand Chamber of the ________.

ECtHR Signup and view all the answers

Match the legal opinions/judgments with the corresponding courts or tribunals:

Al-Skeini and Others v. United Kingdom = European Court of Human Rights Case Concerning Armed Activities on the Territory of the Congo = International Court of Justice Prosecutor Vs.Krnojelac = International Criminal Tribunal for Rwanda Prosecutor Vs.Anto Furundzija = International Criminal Tribunal for the former Yugoslavia Signup and view all the answers

Which of the following scenarios best describes a situation where both International Humanitarian Law (IHL) and International Human Rights Law (IHRL) are applicable?

A state's actions against its own citizens during an armed conflict. (C) Signup and view all the answers

According to the provided bibliography, Cordula Droegethe's journal article explores the interplay between International Humanitarian Law and International Criminal Law.

False (B) Signup and view all the answers

Name one journal article mentioned in the bibliography that discusses the relationship between International Humanitarian Law and International Human Rights Law in situations of armed conflict.

Untangling the Complicated Relationship between International Humanitarian Law and Human Rights Law in Armed Conflict Signup and view all the answers

Flashcards

International Human Rights Law (IHRL)

A set of laws aimed at protecting individuals' rights against the government.

International Humanitarian Law (IHL)

A legal framework that regulates the conduct of conflicting parties during armed conflict.

IHRL in Armed Conflicts

IHRL's application during armed conflicts is increasingly recognized despite traditional norms.

Rights Exclusively Governed by IHL

Certain rights during conflict, like conduct of hostilities and treatment of the wounded, are only under IHL.