International Humanitarian Law (IHL) and Human Rights Law (HRL) are two distinct but complementary bodies of law aimed at protecting human dignity and ensuring humane treatment. While they share common goals, they differ in scope, applicability, and specific provisions.

Relationship between IHL and HRL

1. Complementarity: IHL and HRL complement each other. IHL, also known as the law of armed conflict, is designed specifically for situations of armed conflict. It aims to limit the effects of warfare on people and property by regulating the conduct of hostilities and protecting those who are not participating in the fighting, such as civilians, medical personnel, and prisoners of war. HRL, on the other hand, is broader and applies at all times, both in peace and during war, focusing on the protection of individuals' fundamental rights and freedoms against abuses by the state.

2. Scope and Application: HRL is applicable at all times, providing a continuous framework for the protection of individual rights. Key instruments include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). IHL, however, comes into force specifically during armed conflicts, as detailed in the Geneva Conventions and their Additional Protocols.

3. Derogations and Limitations: During armed conflicts, states may derogate from certain HRL obligations under the ICCPR, provided that such measures are strictly required by the exigencies of the situation and do not involve discrimination. However, IHL rules are non-derogable during conflicts; they remain strictly applicable and must be observed by all parties.

4. Enforcement Mechanisms: HRL relies on various international and regional bodies for enforcement, including the United Nations Human Rights Council and regional human rights courts. IHL enforcement mechanisms include the International Criminal Court (ICC) and ad hoc tribunals established to prosecute serious violations like war crimes.

Situations of Applicability

1. Peacetime: HRL exclusively applies during peacetime, ensuring protection against abuses by the state and affirming rights such as freedom of speech, due process, and protection from torture.

2. Armed Conflict: IHL becomes applicable during armed conflicts, whether international (between states) or non-international (within a state involving non-state actors). In these situations, IHL provides specific protections and rules for the conduct of hostilities, treatment of POWs, and protection of civilians. HRL continues to apply, but certain rights may be lawfully restricted under derogation clauses.

3. Overlapping Situations: In contemporary conflicts, especially those involving counter-terrorism operations or internal disturbances, both IHL and HRL may apply simultaneously. For instance, during an internal armed conflict, civilians are protected by IHL provisions, and their fundamental rights under HRL must also be respected.

Conclusion

In summary, while IHL and HRL are distinct bodies of law with different scopes and specificities, they are inherently complementary. HRL provides a broader framework for the protection of rights at all times, while IHL offers targeted protections during armed conflicts. Understanding their relationship and respective applicability ensures a comprehensive approach to protecting human dignity under varying circumstances.

International humanitarian law (IHL) provides comprehensive rules for the protection of prisoners of war (POWs) to ensure their humane treatment during captivity. These rules are primarily enshrined in the Third Geneva Convention of 1949, supplemented by Additional Protocol I of 1977.

Key Rules for the Protection of Prisoners of War

1. Humane Treatment: POWs must be treated humanely at all times. This includes protection against acts of violence, intimidation, insults, and public curiosity (Article 13).

2. Respect for Person and Honor: POWs retain their personal dignity and honor. Discriminatory treatment based on race, nationality, religious beliefs, or political opinions is prohibited (Article 14).

3. Conditions of Internment: The detaining power must provide adequate conditions of internment, including suitable accommodations, hygiene, and sufficient food and water. Medical care must be available, and POWs must be protected from the dangers of war (Articles 25-31).

4. Labor: POWs may be required to perform labor, but it must not be unhealthy, degrading, or directly related to military operations. They must receive fair remuneration and enjoy suitable working conditions (Articles 49-57).

5. Communication: POWs have the right to communicate with their families and receive relief shipments. They are allowed to send and receive letters and cards (Articles 69-77).

6. Legal Protections: POWs must be granted a fair trial and due process if accused of crimes. They cannot be prosecuted for acts of war unless those acts constitute war crimes (Articles 82-108).

7. Repatriation and Release: POWs must be released and repatriated without delay after the cessation of active hostilities. The detaining power must facilitate their return (Articles 118-119).

8. Discipline and Punishment: Disciplinary measures must be proportionate, and collective punishment is prohibited. POWs must be informed of the camp’s regulations, and any disciplinary action must comply with the convention’s standards (Articles 82-108).

9. Role of Protecting Powers and ICRC: The Protecting Powers and the International Committee of the Red Cross (ICRC) play crucial roles in monitoring the treatment of POWs. They have the right to visit POW camps, interview prisoners, and ensure compliance with IHL standards (Articles 123-132).

10. Special Protections: Certain categories of POWs, such as medical and religious personnel, receive additional protections and privileges to ensure they can fulfill their duties (Articles 24-27).

Enforcement and Compliance

The implementation and enforcement of these rules rely on the detaining powers, the Protecting Powers, the ICRC, and the international community. Violations of these rules can constitute war crimes, subject to international prosecution under various international legal frameworks, including the International Criminal Court (ICC).

In summary, the protection of POWs under IHL aims to ensure humane treatment, safeguard personal dignity, and provide legal and procedural guarantees. These protections reflect the core humanitarian principles of IHL, emphasizing the need to respect and protect those who are no longer participating in hostilities.

The right of individual or collective self-defense is a fundamental principle in international law, allowing states to use force to defend themselves against an armed attack. This right is enshrined in Article 51 of the United Nations Charter, which states: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security."

Conditions for Exercising the Right of Self-Defense

1. Armed Attack: The right of self-defense is triggered by an armed attack. This concept is interpreted by the International Court of Justice (ICJ) to mean a significant use of force, distinguishing it from lesser forms of aggression or threats. For instance, large-scale invasions, bombings, or other significant acts of violence constitute armed attacks, whereas minor border skirmishes might not.

2. Necessity: The principle of necessity requires that the use of force in self-defense must be essential. This means that there are no reasonable alternatives to using force to address the armed attack. Diplomatic efforts or other peaceful means must be considered impractical or ineffective.

3. Proportionality: Proportionality demands that the force used in self-defense must be proportionate to the armed attack. The response should not exceed what is necessary to repel the attack and restore security. Excessive or punitive measures are not justified under this principle.

4. Immediate Notification to the Security Council: Article 51 requires that measures taken in self-defense be reported immediately to the UN Security Council. This ensures that the international community is informed and can take appropriate action to restore peace and security.

Collective Self-Defense

Collective self-defense allows states to assist another state that is under armed attack. This is particularly relevant in the context of military alliances like NATO, where an attack on one member is considered an attack on all. The same conditions of necessity and proportionality apply to collective self-defense, and the assisting state(s) must also report to the Security Council.

Pre-emptive and Preventive Self-Defense

There is ongoing debate about the legality of pre-emptive (or anticipatory) self-defense, where a state uses force in anticipation of an imminent armed attack. While some argue that imminent threats justify pre-emptive action under the necessity criterion, others contend that such actions are too prone to abuse and lack clear legal standing. Preventive self-defense, aimed at neutralizing potential future threats, is generally not accepted in international law as it lacks the immediacy of an armed attack.

In conclusion, the right of individual or collective self-defense in international law is a critical mechanism for maintaining state sovereignty and international order. It is governed by stringent conditions of armed attack, necessity, proportionality, and immediate notification to the UN Security Council, ensuring that this right is exercised responsibly and within the bounds of international legal frameworks.

The protection of women and children during armed conflict is a fundamental aspect of International Humanitarian Law (IHL) and human rights law. Women and children are often among the most vulnerable groups affected by armed conflict, facing risks of violence, displacement, exploitation, and deprivation of essential services. Ensuring their safety, well-being, and rights is essential for upholding humanitarian principles, promoting gender equality, and building sustainable peace. In this comprehensive explanation, we will explore the legal framework, key principles, challenges, and strategies for protecting women and children during armed conflict.

Legal Framework:

The protection of women and children during armed conflict is governed by several international legal instruments, including:

1. Geneva Conventions and Additional Protocols:
   The four Geneva Conventions of 1949 and their Additional Protocols of 1977 establish rules and principles for the protection of civilians and combatants during armed conflict, including the protection of women and children. Common Article 3 of the Geneva Conventions and Additional Protocol II specifically prohibit violence against civilians, including women and children, and mandate humane treatment and access to essential services.

2. Convention on the Rights of the Child (CRC):
   Adopted in 1989, the CRC is the most comprehensive treaty on children's rights, emphasizing the protection of children during armed conflict. States parties to the CRC are obligated to ensure children's survival, development, and protection from violence, exploitation, and abuse, including during armed conflict.

3. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
   CEDAW, adopted in 1979, prohibits discrimination against women and mandates measures to ensure their equal rights and opportunities in all spheres of life, including during armed conflict. States parties to CEDAW are required to protect women from gender-based violence, ensure access to justice and reparations, and promote gender equality in conflict prevention and resolution.

4. Optional Protocol to the CRC on the Involvement of Children in Armed Conflict:
   The Optional Protocol, adopted in 2000, establishes measures to prevent the recruitment and use of children in armed conflict and to protect children affected by armed conflict. It prohibits the recruitment of children under the age of 18 by armed forces or armed groups and strengthens protections for child soldiers and child victims of armed conflict.

Key Principles:

The protection of women and children during armed conflict is guided by several key principles and considerations, including:

1. Non-Discrimination:
   Women and children are entitled to equal protection under IHL and human rights law, regardless of their gender, age, nationality, or other characteristics. All parties to a conflict are prohibited from discriminating against women and children in the provision of humanitarian assistance, access to essential services, or treatment under the law.

2. Best Interests of the Child:
   The best interests of the child must be a primary consideration in all decisions and actions affecting children during armed conflict. This principle, enshrined in the CRC, requires states and parties to a conflict to prioritize children's safety, well-being, and development, including in decisions related to evacuation, shelter, education, and family reunification.

3. Special Protections for Children:
   Children are entitled to special protections and safeguards under IHL and human rights law, reflecting their heightened vulnerability and dependency during armed conflict. These protections include prohibitions on the recruitment and use of child soldiers, attacks on schools and hospitals, and other forms of violence, exploitation, and abuse.

4. Gender Sensitivity:
   IHL and human rights law recognize the gender-specific impact of armed conflict on women and girls, including risks of sexual and gender-based violence, forced displacement, and loss of livelihoods. States and parties to a conflict are obligated to adopt gender-sensitive approaches to protection, assistance, and recovery efforts, addressing the distinct needs and vulnerabilities of women and girls.

5. Prevention and Accountability:
   States and parties to a conflict have an obligation to prevent violations of women's and children's rights and hold perpetrators accountable for crimes committed against them. This includes investigating allegations of gender-based violence, prosecuting perpetrators, and providing access to justice and reparations for survivors.

Challenges and Threats:

The protection of women and children during armed conflict faces numerous challenges and threats, including:

1. Gender-Based Violence:
   Women and girls are at heightened risk of sexual and gender-based violence during armed conflict, including rape, sexual slavery, forced marriage, and trafficking. Perpetrators, including state actors, armed groups, and individuals, may use sexual violence as a weapon of war to terrorize, control, and intimidate civilian populations.

2. Child Recruitment and Use:
   Children are recruited and used by armed forces and armed groups for various roles in armed conflict, including as combatants, spies, messengers, and laborers. Child soldiers are exposed to physical and psychological harm, deprived of their rights to education, health, and protection, and at risk of long-term social and economic exclusion.

3. Displacement and Separation:
   Armed conflict often results in the forced displacement of civilian populations, including women and children, who flee their homes in search of safety and protection. Displaced women and children face risks of separation from family members, loss of documentation and legal identity, and barriers to access humanitarian assistance, including shelter, food, water, and healthcare.

4. Lack of Access to Education:
   Armed conflict disrupts children's access to education, depriving them of their right to learn, develop, and thrive. Attacks on schools, teachers, and students, as well as the occupation or destruction of educational infrastructure, contribute to the denial of education for millions of children affected by armed conflict, particularly girls.

5. Psychosocial Trauma and Stigmatization:
   Women and children affected by armed conflict experience profound psychosocial trauma, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions. Stigmatization, discrimination, and social exclusion further compound their suffering, inhibiting their recovery, resilience, and reintegration into their communities.

Strategies for Protection:

Addressing the protection needs of women and children during armed conflict requires comprehensive strategies and interventions, including:

1. Preventive Measures:
   Preventing violations of women's and children's rights during armed conflict requires addressing root causes and risk factors, including poverty, inequality, discrimination, and impunity. Investing in education, healthcare, livelihoods, and social protection can reduce vulnerabilities and strengthen resilience to conflict-related risks.

2. Legal and Policy Frameworks:
   Strengthening legal and policy frameworks is essential for protecting women's and children's rights during armed conflict. States should ratify and implement international treaties and protocols related to women's and children's rights, including the CRC, CEDAW, and their optional protocols, and enact national laws and policies to ensure compliance with international standards.

3. Capacity Building and Training:
   Building the capacity of state authorities, security forces, humanitarian actors, and civil society organizations is critical for effectively responding to the protection needs of women and children during armed conflict. Training programs on IHL, human rights law, gender equality, child protection, and psychosocial support can enhance awareness, skills, and coordination among stakeholders.

4. Community Engagement and Empowerment:
   Engaging communities, including women's groups, youth organizations, religious leaders, and traditional authorities, is essential for identifying protection risks, mobilizing

Over the last decade, the United Nations Security Council (UNSC) has played a significant role in upholding International Humanitarian Law (IHL) principles during non-international armed conflicts (NIACs) through various mechanisms, resolutions, and actions. NIACs, which occur within the borders of a single state between government forces and non-state armed groups or between such groups, present unique challenges for the protection of civilians and the enforcement of IHL. The UNSC, as the primary organ responsible for maintaining international peace and security, has employed diplomatic, legal, and coercive measures to address violations of IHL and promote compliance with humanitarian norms in NIAC settings. In this comprehensive explanation, we will explore the role of the UNSC in upholding IHL principles during NIACs over the last decade, including key resolutions, mandates, challenges, and achievements.

Legal Basis:

The UNSC's authority to address NIACs and uphold IHL principles is derived from Chapter VII of the United Nations Charter, which empowers the Council to take measures to maintain or restore international peace and security. While the UNSC's primary focus is on conflicts between states (international armed conflicts), it also has a responsibility to address situations involving widespread violations of human rights and humanitarian law within the territory of a single state (NIACs). In recent years, the UNSC has increasingly recognized the need to address the humanitarian impact of NIACs and hold perpetrators of violations accountable, leading to greater attention to IHL principles in its deliberations and decisions.

Key Resolutions and Mandates:

1. Protection of Civilians:
   The UNSC has adopted numerous resolutions emphasizing the importance of protecting civilians in armed conflict, including during NIACs. Resolution 2286 (2016), for example, condemns attacks on medical facilities and personnel and calls for greater respect for IHL and medical neutrality. Similarly, Resolution 2417 (2018) focuses on the impact of conflict on food security and calls for adherence to IHL principles, including the protection of civilian infrastructure essential for food production and distribution.

2. Children and Armed Conflict:
   The UNSC has issued resolutions specifically addressing the protection of children in armed conflict, including during NIACs. Resolution 1612 (2005) established a monitoring and reporting mechanism on grave violations against children in conflict, such as recruitment and use of child soldiers, killing and maiming, and attacks on schools and hospitals. Subsequent resolutions, including Resolution 2427 (2018), reinforce these protections and call for accountability for perpetrators.

3. Women, Peace, and Security:
   The UNSC has recognized the gender-specific impact of armed conflict and the importance of addressing the needs and rights of women and girls affected by NIACs. Resolution 1325 (2000) on Women, Peace, and Security calls for the participation of women in peace processes, protection of women and girls from gender-based violence, and integration of gender perspectives into conflict prevention and resolution efforts.

4. Counterterrorism and IHL:
   The UNSC has addressed the intersection between counterterrorism measures and IHL principles, particularly in the context of NIACs involving terrorist groups. Resolution 2462 (2019) emphasizes the importance of respecting IHL and human rights law in countering terrorism, including ensuring due process, protecting civilians, and avoiding indiscriminate or disproportionate attacks.

5. Humanitarian Access:
   The UNSC has highlighted the importance of ensuring humanitarian access to populations affected by NIACs, particularly in situations of siege, blockade, or other restrictions on the delivery of aid. Resolutions such as Resolution 2139 (2014) call for unhindered access for humanitarian organizations and respect for the principles of neutrality, impartiality, and independence in the provision of assistance.

Challenges and Limitations:

Despite these efforts, the UNSC faces several challenges and limitations in upholding IHL principles during NIACs:

1. Political Divisions and Veto Power:
   Political divisions among UNSC members, particularly the five permanent members with veto power (China, France, Russia, the United Kingdom, and the United States), can hinder consensus on resolutions related to NIACs. Veto-wielding states may prioritize geopolitical interests over humanitarian concerns, leading to delays or watered-down resolutions that fail to adequately address violations of IHL.

2. Selective Application of IHL:
   The UNSC's response to NIACs has been criticized for its selective application of IHL principles, particularly regarding conflicts where powerful states or their allies are involved. Perceived double standards in the Council's approach to NIACs undermine its credibility and effectiveness in promoting compliance with humanitarian norms and accountability for violations.

3. Enforcement Challenges:
   The UNSC's ability to enforce its resolutions on NIACs is limited by factors such as lack of enforcement mechanisms, insufficient resources, and resistance from non-compliant parties. While the Council can impose sanctions, authorize peacekeeping missions, or refer cases to international courts or tribunals, implementation often depends on cooperation from member states and other stakeholders.

4. Complexity of NIACs:
   NIACs are often characterized by fragmentation, multiple armed groups, and fluid alliances, making it difficult to identify and engage with all parties to the conflict. The decentralized nature of NIACs poses challenges for monitoring compliance with IHL, investigating violations, and holding perpetrators accountable, especially when armed groups operate in remote or inaccessible areas.

5. Humanitarian Access Constraints:
   Despite UNSC resolutions calling for humanitarian access, parties to NIACs may obstruct or impede the delivery of aid to civilian populations in need. Security risks, bureaucratic hurdles, and deliberate restrictions on humanitarian access by warring parties can undermine efforts to provide lifesaving assistance and protection to affected communities.

Achievements and Impact:

Despite these challenges, the UNSC's efforts to uphold IHL principles during NIACs have had several achievements and positive impacts:

1. Normative Framework:
   UNSC resolutions on NIACs have contributed to the development of a normative framework for the protection of civilians, children, women, and other vulnerable groups in armed conflict. These resolutions reinforce existing legal obligations under IHL and IHRL and provide guidance for states, armed groups, and humanitarian actors.

2. Political Pressure and Diplomacy:
   The UNSC's attention to NIACs has helped generate political pressure on parties to the conflict to respect IHL principles and engage in dialogue to resolve humanitarian issues. Diplomatic efforts, including mediation, negotiation, and conflict resolution initiatives, supported by the UNSC, can facilitate peaceful settlements and mitigate the humanitarian impact of NIACs.

3. Humanitarian Assistance and Protection:
   UNSC resolutions have facilitated humanitarian assistance and protection for civilian populations affected by NIACs, including through the authorization of peacekeeping missions, humanitarian corridors, and cross-border aid deliveries. These efforts have helped alleviate suffering, save lives, and address urgent humanitarian needs in conflict-affected areas.

4. Accountability and Justice:
   The UNSC's engagement on NIACs has contributed to efforts to hold perpetrators of IHL violations accountable and ensure justice for victims. Resolutions establishing commissions of inquiry, fact-finding missions, or international criminal tribunals have helped document violations, gather evidence, and pursue accountability for war crimes, crimes against humanity, and genocide.

5. Awareness and Advocacy:
   The UNSC's attention to NIACs