The Nature of the Relationship Between the Two Laws International Human Rights and International Humanitarian | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 3, September 2016, Pages 260-306 | ||
| Author | ||
| A.P.Dr.Teiba J. Hamad AL Mukter | ||
| Abstract | ||
| Abstract Both of international human rights law and international humanitarian law focuses on a very important is the protection of human beings first and foremost in any circumstance and time so we find that bands both laws is no different between them, but the focus of the difference as described by researchers and specialists in this field is at the time of application of both laws law international human rights apply in peacetime, which met to disable its provisions in a time of war, a time when applied to international humanitarian law, though both laws internationally source, but the parties that are required to comply with them are the state on its territory with regard to international human rights law, and the States of the conflict international armed, or the State of the occupation on a civilian occupied territory or state in the face of an armed conflict is internationalincharacter. With all of the above had to be a follow-up nature of the relationship between laws and through research we determined that it is possible to be in a form of three is the integration or overlap or uniqueness, and what we mean by integration here is that one of them complement each other in the case of a lack of legal provision for the application on particular case to be resorting to the other for the rule of law, but what we mean by interferometry is that both of them governs a particular situation which the referee in each covers that case it is possible to apply the rule of any of the laws, while the mean exclusivity is obviously independence that separates the bands both laws in all with union shop protection provided by both of them that. When assessing any image of these images to determine the nature of the relationship between both laws exclude exclusivity because what result is total isolation between the provisions of both laws, which means that when the emergence of new cases are not regulated by both laws by its provisions can not be absolute to apply neither to that case if belong to a legal while the United goal between both legal one, as we can not deny that overlap both laws in relationship with one another, security, where their provisions is to focus careful to protect the goal that united them, but that overlap serve that end and remains about it that check that as a result of the interference is that the application of the rule of law of any of them will be fully to protect the targeted end such protection. As for the integration, we note that with a different application of both laws, but the most important time to integrate the provisions of both laws to protect human rights and this is the purpose transcends both time law. | ||
| Keywords | ||
| The Nature of the Relationship Between the Two Laws International Human Rights and International Humanitarian | ||
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