International Humanitarian Law

The International Humanitarian Law (IHL) is considered a law that regulates basic human rights during armed conflict. For the desire to weaken the rise of peace by neglecting basic human rights, it is necessary to use international humanitarian law in contemporary context. Organizations and treaties have been established to help govern the international humanitarian law; they need to be analyzed to provide a deep understanding of international humanitarian law. The purpose of this paper is to critically analyze international humanitarian law and outline how to improve international humanitarian law. To deepen our understanding, we must first define international humanitarian law.

This basic principle of international humanitarian law is implemented through two interrelated but fundamentally different branches of international humanitarian law, designated as human rights law and armed conflict law. Human rights law consists of general principles and concrete rules on a wide range of human rights issues that are reflected in many international declarations and conventions 15. They dominate mainly the relationship between the state and their citizens and are basically applied at peace. It contains a disclaimer clause that restricts or eliminates coverage in armed conflict. Furthermore, many international human rights instruments are not universally applicable to the international community and their principles are not mandatory.

Two important areas of international law are international human rights law and international humanitarian law. Their common goal is to protect people's lives, health, and dignity, but their coverage is different. The International Human Rights Act is always applied and binds the state (substantially "vertical" relationship) in relation to individuals residing within its territory, and international humanitarian law applies to the situation of armed conflict in this regard . Form a special law; it binds all parties to conflict

The relationship between international human rights law and international humanitarian law is controversial among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. Multicultural scholars believe that international human rights law is different from international humanitarian law, but supporters of constitutionalism believe that the latter is a subset of the former. Briefly, those who support the independent, self-sufficiency regime highlight differences in applicability; international humanitarian law applies only during armed conflict.