International Humanitarian Law and Human Rights Law Report

This report delves into the complexities of implementing International Humanitarian Law (IHL) and International Human Rights Law (IHRL), focusing on challenges and failures in real-world scenarios. The report presents case studies from Kenya, highlighting issues during the 2007 post-election conflict, and Rio de Janeiro, examining human rights violations. It explores the differences between IHL and IHRL, analyzing factors that impede effective implementation, such as lack of awareness, political interference, and insufficient resources. The report also provides recommendations for improving the application of these laws. It concludes with a discussion on how to address these challenges and make the implementation of IHL and IHRL more effective in protecting human rights during armed conflict and in general.

Protection and Assistance in International Humanitarian Affairs
Running Head: Protection and Assistance in International Humanitarian Affairs
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Contents
Executive Summary..................................................................................................................... 2
Acronyms And Abbreviations.......................................................................................................2
Introduction.................................................................................................................................. 3
The objective of the Report..........................................................................................................3
Background to study.................................................................................................................... 4
Methodology................................................................................................................................ 5
Presentation of Results................................................................................................................6
A case study of Kenya: Failure of IHL 6
Case Study of Rio De Janeiro: Failure of IHRL 7
Differences between IHL and IHRL..............................................................................................9
Analysis and Discussion............................................................................................................ 12
Recommendations and Conclusion...........................................................................................12
Bibliography............................................................................................................................... 14

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Executive Summary
International Humanitarian Law is one of the significant branches of international law, which
regulate the conduct of war. On the other hand, International Human Rights law prescribes
certain obligations related to human rights which states are bound to respect. Similar to any
other law, these laws also faces many issues while implementation in real life. The report
presented hereby is developed on this topic. This report is all about the challenges which world
faces during the implementation of above-mentioned two laws. The topic contained in the same
are important to study for developing the knowledge about the real world situation. Until unless
one would not be aware of the challenges related to the implementation of these laws, the same
will not be able to find out the ways to deal with them. In order to check the development style of
the report, this is to mention that the same investigates the issues that the subjective laws faced
in past. Kenya case study is taken as an example. In this case, study, the government did not
implement the International Humanitarian Law in an appropriate manner as prescribed by
Geneva Conventions on International Humanitarian Law (Wafula, 2019). Further, another case
study taken hereby is of Amarildo de Souza, a person from Rio de Janeiro, where challenges
have been faced in the implementation of International human rights law (Amnesty International,
2015). There are some differences between International Humanitarian Law and Human Rights
law (hereinafter referred to as IHRL) such as a period of origin. International Humanitarian Law
(IHL) is ancient whereas Human rights law is recent. Further, based on the personal scope of
application also these two laws are different.
Not only the case study of Kenya and Amarildo de Souza is a situation where state faced issues
in the implementation of IHL and IHRL but in general also many of the issues are there which
proves a hurdle in the implementation of these two laws. These factors include inappropriate
knowledge, lack of strict principles and self-interest of the states. The key emerging theme of
the report is that the same in the addition of challenges, this will also provide recommendations.
Here recommednations referes to the acts that the government can do for effective
implementation.
Acronyms And Abbreviations
IHL International Humanitarian Law

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IHRL International Human Rights Law
UPP Unidade de Polícia Pacificadora
Introduction
The lead purpose of International humanitarian law is to limit the effects of armed conflict
(Icrc.org, 2019). This law provides protection to those who are taking part in the hostilities and
further prevents the methods and modes of warfare. Further, the main objective of International
Human Rights Laws is to protect and promote the human rights in a member state on national
as well as on international law (Un.org, 2019). As the name implies, these laws are
international. As it is clear that both of these laws are active in the field of human rights, people
have certain expectations from them. In such a situation, many of the times, it has been noticed
that these laws failed to fulfill the expectations. There are reasons behind such failures. The
lead reason was loopholes in the implementation process. In other words, to say that the
implementation of these laws was not effective. The report presented hereby will develop the
focus on these laws. This report is systemic research on this topic. Further, the same will
contain two case studies where these laws faced the implementation issues. In addition to this,
the subjective report will also focus on the difference between IHL and IHRL. At the first
instance, these laws seem to be similar but there are certain differences between them, which
will be addressed in the given discussion. The report is important to study for many reasons.
The only study of the development of IHL and IHRL law is not enough, but one also needs to be
aware of the real world challenges. This report will fulfill this purpose and therefore the same is
important to review.
In general, too, there are some challenges that states face during the implementation of these
laws. These challenges will also be a part of this report.
The objective of the Report
Moving the discussion towards the objectives of the preparation and presentation of this report,
this is to state that the same are as follow:

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 To identify and analyses the challenges in the application of IHL and IHRL in the
selected case studies.
 To identify the differences between two of the stated laws is another objective.
 To develop an understanding of the reasons for the failure of subjective laws in general
to the case of humanitarian crises. In the world, full of international human laws, the
question is general that why the issues are also there. The report will answer this
question investing the reasons for failure.
 To provide a recommendation and ways to deal with such challenges as it is an
analytical report.
 To find a way to make the implementation of these laws more effective and successful.
Background to study
The first case study chosen herewith is related to Kenya. In this event, the state of Kenya failed
to implement the IHL of armed conflicts successfully during the presidential elections. The event
is well known as the Kenya 2007 post-election conflict. The reason behind the conflict was inter-
ethnic resentments between Kikuyus and Kalejins (Roberts, 2009). The state faced many of the
challenges in the implementation of IHL and because of the same many people killed in the
subjective armed conflicts. The challenges are further defined under the report.
Another case study where IHRL been failed happened in Rio De Janeiro where the issue was
related to the killing of citizens by the public. In the given case UPP officers called a 43 years
old person named Amarildo de Souza to conduct questioning about drug trafficking (Bbc.com,
2013). The overall case is related to the area of Rocinha favela in Rio de Janeiro, Brazil. The
following Figure 1 explains the location:

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Figure 1: Rocinha, Rio de Janeiro, Brazil
Source: Viamichelin.com, 2019
In this case, police forces breached the provisions of IHRL and used torture against the accused
(Posner, 2014). The lead challenges in the implementation of IHRL were inappropriate
knowledge of officer, irresponsible behavior, and awareness of government.
Methodology
In order to prepare this report, the events happened in the past has considered as case studies.
In order to prepare this report, the events happened in the past has considered as case studies.
Further, these events have been analyzed for the purpose of developing a critical evaluation of
the topic. While evaluating the case studies, historical research approach of analytical research
has used. In this manner, the details from the past have reviewed to understand the present and
to anticipate the future i.e. providing recommendations (Layfield, 2017). The data related to the
difference between IHL, IHRL extracted from primary as well as secondary resources, and a
critical review was developed on the same. At last, in the report, some recommendations have

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been made to resolve the issues in the implementation of these laws, which have been
extracted from some of the secondary resources.
Presentation of Results
A case study of Kenya: Failure of IHL
As mentioned above, IHL is applicable to armed conflicts. These armed conflicts can be
international as well as non-international. This law applies only when the conflict began but once
the same is applicable it applies equally on each side despite the fact who started the conflict or
fighting. The case study presented hereby is related to the non-international armed conflicts.
Traditionally this kind of conflicts was used to consider as internal matters for the states, and it
was believed that no international law could be applied to such cases. However, such belief has
been modified with the adoption of article 3 to the four Geneva Conventions of 1949 commonly.
By the virtue of this, states provided minimal guarantees during the non-international armed
conflicts. Regardless of the universal ratification of IHL of armed conflicts, this law faces many
issues when it comes to the implementation on the practical ground. As stated earlier, the case
study is of Kenya and the same is mentioned in detailed hereby. Starting with the fact of the
study, this is to state that the Presidential election organized in the year 2007 provoked the most
dangerous armed conflict. According to the Commission of Inquiry into Post-Election Violence
(CIPEV) around 1133 citizens were killed in the massive armed conflict and around more than
600,000 have been displaced from homes out of the result of state conflict (Maxon and
Ofcansky, 2014). The conflict happened in the selected case study was an armed one as gangs
of young Kikuyus armed with bows and arrows (Rice, 2008).
It would not be wrongful to state that during the subjective conflict, government security
agencies, organized ethnic and political parties and citizens violated IHL. Nevertheless, the
significant point is that at the time of this conflict Kenya was one of the countries who has
signed and ratified the lead instruments of IHL including Geneva conventions of 1949 and Rome
statute of 1998. If to talk about the lead challenges of IHL faced by Kenya during this conflict,
the same are mentioned as hereunder:
 Low Morale
 Lack of respect for human rights

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 Political interference (Ituka, 2010)
 Lack of awareness program
 Lack of structured public engagement
 Lack of continuous public engagement
Not only at the time of conflict but afterward too, these challenges were there. When in July
2009, Kenyan government pledged to refer the situation to International Criminal Justice, the
insufficient political will became an issue. In addition to this, when the support of arrest has been
asked by the decision granting authority to the International criminal court Prosecutor, the
government gave some indications of non-cooperation. In such a situation, how effective the
investigation could be. In addition to this, the Defenders of local approaches to justice argued
that national courts had the wider potential of providing justice in comparison to ICC
(Iccnow.org, 2010).
Case Study of Rio De Janeiro: Failure of IHRL
The presented case study is related to the failure of IHRL. After reviewing the same, one can
understand the issues faced in the implementation of IHRL. The case study is related to Brazil.
Being one of the largest democracies in the world, the same hardly considered as human right
violating countries. Nevertheless as per Human rights watch, many of the cases of police torture
are likely to take place in Rio De Janeiro alone.
Moving ahead towards the discussion of the case study, this is to state that the case has been
started when in July 2013, a bricklayer resident of Rio De Janeiro Favela, named Amarildo de
Souza, was arrested by local police (Gledhill, 2015). Police arrested the person in an operation
to round up drug traffickers. He was called for questioning by UPP officers. The subjective
person had no involvement in illegal activity earlier, yet he was called for the questioning. It was
a two-day long raid, during which the person brought for questioning. The issue of the case
started when the person never has seen again. As per the belief of police testimony, UPP
officers in Rochina have released Amarildo after having the questioning session with him.
Further according to the recording of the camera, the person being taken to the base but in
relation to his supposed release, all the GPS systems and cameras seem to be malfunctioned
(Riotimesonline.com, 2015). It means no solid evidence of his release has been found in the
past.

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Afterward, on 27 September 2013, a skeleton found in Resende and sent for the examination to
check whether the same belongs to Amarildo or not. However, the results were not clear and
were inconclusive.
The person was marked as missing for two months after his disappearance. After much
investigation, UPP commander Edson Santos along with 24 policemen have been accused of
procedural fraud, conspiracy, torture and concealing a body. It has been established that
Amarildo was given electroshocks and was drowned in a bucket after suffocated for more than
two hours in a plastic bag. As on the date too, the body of Amarildo is missing. It is a case full of
suspense. The case is important to study, as 24 UPP officers were involved in the torture of an
innocent accused. First of all, they were required to have proper proof before calling Amarildo
for questioning but they failed to do so. Secondly, they were required to release him after
questioning with responsibility but again the officers did not do so. They used unfair means in
against of Amarildo and tortured him. All these actions of officers were in against the provisions
of IHRL.
If to talk about the human rights involved in the presented case study, this is to say that in most
of the countries torture is not a part of official policy. There are many reasons because of that
the IHRL failed to be successful in the studied case. In Brazil, police often take this measure in
the investigation process as the same think that this is an effective way to solve the crimes
(Hrw.org, 2019). This was the lead challenge in the implementation of human rights here. When
it comes to the manner of an investigation by police in Brazil, challenges are often there.
Knowledge seems to be another issue. Officers might be not aware of the importance of human
right laws for citizens. In addition to this, the government of the nation was also responsible. The
same was required to ensure that being a part of public administration, what police officers are
doing for the public. This was not the first case of this type in the history of the country. Before
the same, too many such cases have happened there where police officers went beyond the
provided authorities and breached the provisions of IHRL. Following were some of the lead
challenges in the implementation of IHRL:-
1. Lack of understanding of subjective rights
2. Poor administrative structure
3. Irresponsible officers and government
4. Understaffing of police officers
5. Overcrowding of accused

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Because of workload, police force used the extrajudicial measures in against of Amarildo and
treated him in a manner which is against international human rights law.
Differences between IHL and IHRL
IHL and IHRL seem to be similar sometimes but there is a difference both of them. Starting from
the very basic difference between these two laws, this is to say that Human rights laws can be
understood as a set of international rules, which provides certain rights to individuals in the form
of custom or treaties. States are required to respect these rights. On the other side, international
humanitarian law refers to a set of rules, which are there to limit the impact of armed conflicts for
humanitarian reasons (Ijrcenter.org, 2019). The difference between the two laws can be done
based on many factors, such as their origin, Temporal scope of application, personal scope of
application, parties bound by these laws and so on. The same is discussed as hereunder:-
 Origin: - IHL is ancient and in the second half of the 19th century, the same has been
codified (Alexander, 2015). Whereas IHRL is a more recent body of law. It has been
developed as a branch of international law after the Second World War under the
support of the United Nations (Moeckli, D., Shah, S., Harris, D., and Sivakumaran, S.,
2014).
 Temporal scope of application: - The scope of IHRL is wider than IHL. Where IHL only
applies in the cases of armed conflict (Diakonia.se, 2019). IHRL applies in peacetime
also in addition to armed conflicts. Some of the human right treaties allow the
government to derogate from some obligations during public emergencies, which may
threaten the life of the nation. But IHL does not allow such derogations.
 The geographical scope of application: - Based on extraterritorially reach too; the
difference can be made between IHL and IHRL. The lead objective of IHL is to regulate
the armed conflicts by one state on the territory of another state. In addition to this, these
rights can be applied extraterritorially when there is a conflict between two territories of
the same state.

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 Personal scope of Application: IHL is there to protect the interest of those who are not
taking part in hostilities any longer. It means the application of IHL is very specific. IHRL
on another side has general application. The law applies to all people within a particular
jurisdiction of a state. It applies equally to everyone whereas IHRL make do differentiate
between civilians and combatants and also provide a list of protected person (Icrc.org,
2015).
 Parties bound with - IHL is applicable to armed conflicts and maintain an equal balance
of rights and obligations between state and non-state elements. On the other side, IHRL
governs the relationship between citizens and their states (Bhuta, 2016). It means the
same has nothing to do with non-state elements. It means IHRL only put an obligation
on states and any treaties related to such law is not bind to non-state armed groups. The
reason behind the same is that nonstate-armed groups cannot be assumed to carry the
functions, which are required as per the provisions of human right laws.
 Functions: - Both of the subjective laws have their different functions/provisions and
substantive scope of application. The issues covered by IHL are quite different from the
scope of IHRL and it includes the legality of weapons, protection of Red Cross and many
others. These issues have nothing to do with IHRL. In a similar manner, IHRL deals with
the issues, which are not related to IHL. These issues are related to right to vote,
assembly, right to strike and other matters (Ohchr.org, 2019). In this manner, the
functions and issues covered by both of these laws are different. Although there are,
some issues which are covered and governed by both of these laws but they in a
different manner.
After the above-mentioned discussion, it is very much clear that both of these laws are different
from each other based on many factors. After understanding the difference between IHL and
IHRL the common issues in the implantation of the same are also required to know. In the
following part, the discussion will be a focus on contemporary challenges that states often face
while implementation of IHL and IHRL in today’s time.
Starting from the implementation of IHL, this is to state that this law does not have clear
provisions regarding the scope of territorial applicability. Hence in a situation of armed conflicts,
the question arises that whether the law is applicable to entire territories of states involved in
armed conflicts or the same is only applicable to the “battlefield” of the territories. According to

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the belief of international armed conflicts (IAC), IHL is applicable to the entire area of a state,
which is a party of and high seas. Nevertheless, many of the scholars think otherwise about the
geographic scope of IHL and provide a different interpretation. This creates confusion and it is
one of the biggest challenges that states face in the implementation of IHL in today’s
humanitarian issues. Another challenge is the lack of political will. There was a lack of respect
for IHL among states and other parties and to overcome this issue, certain additional
implementation mechanisms have been developed. Nevertheless, the situation has not been
changed. The implementation of this law cannot be successful until the states will not be ready
to adopt related practices. Another challenge is with the structure. Similar to every other law,
IHL also requires a basic structure of the implementation. The law is centered around states.
The implementation of the same depends on states, which are parties to an armed conflict and
on the organized armed group in those cases where the nature of armed conflicts is not
international. In such a situation a problem, create there when states do not have proper
authority to force such laws (Sassòli, 2019).
The issue is not only with the implementation with IHL but in addition to this, IHLR also faces
similar kind of challenges while implementation in the real world. Although efforts are going on
to make the implementation of the same successful yet there are some deficiencies/challenges.
Lack of a military body can be treated as one of the challenges. This body can ensure the
enforce the provisions of subjective law and decision taken by the UN in this area. It means if
there would be a situation related to breach of IHLR then no enforcement authority or body will
be there to deal with the situation (Grimes, 2019a). At the domestic/national level, armed forces,
police officers and other authorities are there to enforce human rights. Nevertheless, IHLR is an
international law and the UN has no control over the enforcement of the same. Similar to IHL,
politics plays an important role in the implementation of IHRL also. Sometimes this factor leads
to a negative impression on the image of the UN. Many of the members of the UN has an
important place in the world of economics and they use the laws for their personal benefits. UN
continuously is trying to resolve such issues by making various restrictions. For instance, a
member county cannot vote on a resolution if the same is involved in a conflict/issue before the
UN (Grimes, 2019b).
All the above-mentioned challenges are a hurdle in the implementation of IHL and IHRL and this
is the reason that the same is not successful while dealing with the respective issues in today’s
time.

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Analysis and Discussion
In order to discuss the success of the results presented above this is to state that out of the
study of two cases, challenges faced by the states in the enforcement of these laws have been
detected. These challenges are more clear in the first case study in comparison of the other. In
the case study of Rio De Janeiro, the challenges are not much clear that why IHRL failed to be
implemented yet the report have tried to identify them and stated the potential reason of failure.
Further, the differences between IHL and IHRL are clearly mentioned in the report based on
various factors. The other contemporary challenges in the implementation of IHL and IHRL have
identified clearly.
Recommendations and Conclusion
The only discussion about the challenges in the implementation of IHL and IHRL is not enough
but recommendations to resolve such challenges should also be discussed. This is to state that
many ways are thereby adopting that such challenges can be addressed. Following are such
recommendations:-
 United nation should take responsibility and should ensure that states are taking care of
IHL and IHRL. States are the lead factors, which have to force these laws, and in such
manner support of states is required.
 To prevent the negative impact of politics, the united nation should be more strict. The
same should adopt the necessary measure to ensure that all the political parties do
support of IHL and IHRL.
 Not only the United Nations but members countries and states also should be aware of
the implementation of these laws. At last, these are the police officers and other
administrative people who apply the law to practice and hence states should arrange a
proper training program to educate such people. Until they would not able to understand
the importance of these laws in the lives of people, they would not make the efforts in
this direction.
 Whenever it comes to the applicability of the law, clarification is a much-required thing to
exist. As mentioned above there is a lot of confusion about the geographical scope of
IHL, the same is required to be clear.

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In a conclusive way, this is to state that both of the studied laws have their own significance. In
the presented report, the focus has been made on two of the case study where these laws have
been failed to be implemented. Many of the reasons were thereof such failure and the same
have discussed in this report. In addition to this, the differences between IHL and IHRL also
been discussed. Only discussed case studies are not the incidents where the two subjective law
failed to be implemented but many other cases also happened there when the enforcement of
the same was not possible. Similar to any other law, these two laws also faces challenges,
which have detailed in this report. One of the lead challenges is inactiveness of states
complying with these laws. States are the primary factor, which are responsible for the
implementation of two of the studied laws and hence in the recommendation area it has been
advised to the states to be active and responsible for the enforcement of these laws.

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