Human Rights as a material limitation to the Humanitarian International Law

Abstract

The International Humanitarian Law and the International Human Rights Law are complementary: they aim towards the protection of life, health and dignity of people. The legacy of the Battle of Solferino and the end of the wars of the nineteenth century had an important role in this approximation and boosted the discussions of the humanitarian matters, be it in times of war or peace. The Charter of the United Nations portrayed the universal feeling of discontent left by the Great Wars and represented a historic mark for humanity because it placed the protection of human life at the center of the legal system, in addition to restricting the use of strength by the nations. In this context, the text draws general lines pertinent to the concept, origins, rules and fundamental principles of both branches of law, in order to contribute to the debate and dissemination of this legal framework. The text also briefly portrays the mission of the International Committee of the Red Cross and the creation of the International Criminal Court as an instrument for facing serious human rights violations. It approaches the humanitarian principles as a fundamental rule and draws a parallel of the main similarities and distinctions between the Law of the War and Human Rights. The debate is necessary, because the knowledge of these norms is the first step towards their application and effectiveness.