Human Rights LawsHuman Rights

Humanitarian Rights and the Nations

Humanitarian Rights

Humanitarian Rights

Humanitarian laws are the set of laws that govern armed conflict; or it is the law of war and the effects of such wars on people and property. The ultimate goal of humanitarian laws are to limit and minimize the amount of suffering caused by war, by regulating the way in which military operations are conducted. Humanitarian laws are the first set of such laws that are recognized nationally among warring nations. Humanitarian law was developed through The Geneva Conventions and Hague Conventions, as well as several statutes and precedents set forth by international military tribunals in the past. This internationally recognized set of laws, simply known as humanitarian law, is the final refined set of laws proceeding several treatises and time-honored customary rules.

Humanitarian law is the first branch of law that is internationally recognized in the laws of war. This is important as it is understood universally how each civilian or noncombatant individual is to be treated. In order to protect their own citizens, nations are compelled to protect the citizens of other nations during wartime. Humanitarian law comprises that the rule that in times of armed conflict, the nations will seek to (i) protect persons who are not or are no longer taking part in the hostilities, (ii) restrict the methods and means of warfare employed, and (iii) resolve matters of humanitarian concern resulting from war. These are the rules by which all the nations are held, to ensure not only that citizens and property of their own country will suffer minimal consequences of war, but that the citizens and property of all the nations will suffer minimally.

Some of the more prominent organizations and treatises paving the way for humanitarian law include the Geneva Convention of 1864, developed by the founder of the International Red Cross and champion of humanitarian law, Henri Dunant. These rules of engagement continued to develop for the next century and a half. The Charter of the Nations developed in 1945 stipulated that no nation will attack another nation except in the act of self-defense. The Genocide Convention of 1948, stemming from the Holocaust also undoubtedly shaped humanitarian law. In addition, the Geneva Convention of 1949, and two protocols that followed thereafter also contributed to what we know today as humanitarian laws.

The term humanitarian law may often be confused with that of human rights. However, the two must not be confused. Although similar in the sense that both are focused on protecting rights of the individuals, humanitarian laws deal with the rights of individuals based on rules set forth for war. They apply only the situation when the individual is in a situation of armed conflict, whether as a prisoner of war or noncombatant civilian. Human rights apply to everyday situations of civilians whether in war of peace time.

Overall, humanitarian law sets forth a principle which, fully revised and recognized, is the first branch of law of its kind. This unique aspect of international recognition by various nations gives a sort of common ground to otherwise different and possibly belligerent nations. It is due to this very important set of laws that we can rest assured that although nations may be at war, our rights are protected under the umbrella of humanitarian law.