خلاصة:
Both human rights and humanitarian law have been developed and complemented to protect human rights and to oblige states to respect human dignity; Human rights are rights that everyone enjoys at all times, even in times of war; Humanitarian law, on the other hand, is a set of international rules that specifically govern the conduct of hostile forces in armed conflict; This article examines the human rights and humanitarian rights approach in wartime and how to support civilians in armed conflict through descriptive-analytical methods; The main question of the present article is what is the approach of these two legal institutions in protecting individuals? On the other hand, the present article seeks to answer the question of whether the rules and regulations of human rights are observed during armed conflict or not? The findings of the study indicate that it is necessary to pay attention to the rules and regulations of human rights in order to protect human dignity in the event of armed conflict, and these two legal institutions complement each other.
ملخص الجهاز:
In the contemporary world, human rights and international humanitarian law enjoy special importance and status due to the protection of the individual and the guarantee of respect for human dignity 11; both include rules and regulations regarding how to treat humans and protect them, based on humanitarian considerations; however, despite this common goal and concern, the origin, 4 Interaction 5 Principle of non-discrimination 6 The Universal Declaration of Human Rights, 10 December 1948.
Uganda issued its judgment stating that Uganda's armed activities in the territory of the Democratic Republic of the Congo violate the rule prohibiting the international use of force for aggressive purposes and also violate international human rights law and international humanitarian law; in Uganda's counterclaim, based on the argument that the Democratic Republic of the Congo violated its obligations towards Uganda under the Vienna Convention on Diplomatic Relations, the International Court of Justice, after examining the claims of both parties, condemned Uganda to 21 pay reparations to the Democratic Republic of the Congo.
2- The relationship between human rights and humanitarian law in the protection of civilians 2-1- The necessity of distinction between civilians and combatants The First Additional Protocol to the Geneva Conventions establishes rules and principles that have become customary and are applicable in both internal and international armed conflicts; examples of customary rules that are also mentioned in the Additional Protocol include the principle of distinction between combatants and civilians and between military objectives and civilian objects (Rule 7-1), the prohibition of indiscriminate attacks (Rules 11-13), the principle of proportionality in attacks regarding the distinction between combatants and civilians 41 (Rule 14) and so on.