Using Human Rights Mechanisms For The Benefit Of Victims Of Armed Conflicts in Alignment with the Convergence of Human rights And Humanitarian law

Articles in Press

Document Type : Original Article

Authors

1 PhD student of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

2 Associate Professor, Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

10.48300/jlr.2024.446736.2590

Abstract

Abstract
In cases of gross violations including the right to life and the right to protection from torture, on the one hand, and responsibility with regard to remedies and reparation for the victims of such violations, the norms of human rights and humanitarian law appear to converge to some significant degree. Some effective human rights mechanisms have been drafted and made available to the victims. With all that being said, international humanitarian law has failed to offer proceedings commensurate with human rights as far as remedies and reparation for victims of armed conflicts are concerned. Given the complementary relationship human rights and international humanitarian law appear to have and also the position which reparation for victims of such serious violations has proven to have in these two branches of law, the following research questions arise which guide the present contribution. Can human rights and international humanitarian law complement and elucidate each other in terms of proceedings and also take advantage of each other's monitoring mechanisms for the benefit of the victims and redressing their losses and sufferings? Given that the practical mechanisms of humanitarian law do not enjoy enough force in redressing the losses of the victims of (non-)international armed conflicts, can the monitoring and judicial means and mechanisms of international and regional human rights organs (and national mechanisms as well) be efficiently employed for the benefit of the victims of gross violations of humanitarian law and as a means of remedies and reparation for their plights and losses.

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Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 28 March 2024

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