12. Human rights, international criminal and humanitarian law

Abstract

This chapter examines the nature and diversity of human rights, rather than any particular right. It looks at issues such as the universality, interdependence, and indivisibility of rights. It points to the issue of justiciability and emphasizes the obligation of States in both its negative as well as its positive dimension. The chapter examines the role of derogations and reservations to human rights treaties as well as cardinal principles in such treaties, namely the margin of appreciation and the scope of application. The chapter examines the concept of international criminal responsibility and looks at the four core international crimes, namely grave breaches (war crimes), crimes against humanity, genocide, and the crime of aggression. Finally, the chapter examines in some detail the key aspects and distinctions in international humanitarian law, such as the distinction and legal consequences between combatants and civilians and others.