Humanitarian Laws and Human Rights Law-Analysis of Existing Differences and Similarities?

摘要

The purpose of this article is to make visible the thin line demarcation between humanitarian law and human rights law, which can only be understood by tracing history of both the concepts and analyze there difference at the nanoscopic level. International law offers to States a great scale of means and measures for the peaceful settlement of disputes with a view to an effective abolition of the recourse to war. War is a rot to humanity and involves most brutal and arbitrary violence. However, as human rights law and humanitarian law have totally different historical origins, the codification of these laws has been very recently followed entirely different lines. But still international humanitarian law is increasingly perceived as part of human rights law applicable in the armed conflict. The purpose of this article is to study the origin of humanitarian and law relating to human right, there differences and similarity. Finally the view expressed by Indian Courts over the issue with a conclusion throwing light on the modern approach over the issue.