The Mutual Influence of International Humanitarian Law and Human Rights with an Emphasis on the Jurisprudence of International Criminal Tribunals

Shiri, Morteza; Rostam Zad, Hosseingholi; Salimi, Sadegh

doi:10.22124/jol.2023.24014.2373

The Mutual Influence of International Humanitarian Law and Human Rights with an Emphasis on the Jurisprudence of International Criminal Tribunals

Document Type : Research Paper

Authors

¹ PhD Student in International Law, Faculty of Law, Islamic Azad University Central Branch, Tehran, Iran.

² Assistant Professor in Law Department, Faculty of Law, Islamic Azad University Central Branch, Tehran, Iran.

³ Associate Professor, Faculty of Law, Islamic Azad University Central Branch, Tehran, Iran.

10.22124/jol.2023.24014.2373

Abstract

Severe breaches of humanitarian law are one of the jurisdictional of international criminal tribunals ratione materiae. On the other hand, although the four 1949 Geneva Conventions and their additional protocols do not explicitly refer to human rights because refer to the situation of armed conflicts, but in the statutes of the international criminal tribunals, whether the International Criminal Court or ICTY or ICTR, The multiple effects of human rights and international humanitarian law are dealt with each other. In cases such as Prosecutor v. Kronjlak (2002) in the International Criminal Court for the former Yugoslavia, the relationship between international humanitarian law and human rights has been pointed out. The main question that has been done in this research in a descriptive-analytical methodology , according to the practice of international criminal courts, what is the mutual influence of international humanitarian law and international human rights? The result of the current research is that the rules of human rights, such as the right to a fair trial for perpetrators of international crimes, witnesses and victims, and not considering the immunity of accused government have penetrated into officials in international criminal proceedings. On the other hand, human rights and international humanitarian law collide with each other in one point “ humanity “ .

Keywords