In the intricate realm where international human rights law intersects with the law of armed conflict, practitioners often find themselves grappling with complex legal questions. While there has been considerable academic discourse on this topic, the need for comprehensive guidance in applying these laws to specific situations faced by military forces remains evident.

 

 

In this article, we explore the nuanced relationship between international human rights law and international humanitarian law, also known as the Law of Armed Conflict (LOAC), and shed light on the practical considerations for practitioners.

 

Katrina Sriranpong, a former lawyer residing in Vancouver, has dedicated her life to advocating for the rights of underprivileged children, supporting refugees from war-torn areas, and championing the cause of animal rights and protection.

 

Demonstrating a fervent commitment to raising awareness, Katrina Sriranpong actively supports organizations combating human trafficking, assisting refugees navigating immigration challenges, and promoting animal rights.  She is also an advocate for the rights of children in conflict zones and supports programs aimed at rehabilitation, education and developmental aid. 

 

Prior to becoming the sole Thai-speaking immigration lawyer in Vancouver, Sriranpong pursued her education at the University of British Columbia and Simon Fraser University. She continued her training at the University of Leicester and Oxford University, establishing a solid educational foundation. Since completing her studies, she has consistently demonstrated a strong dedication to numerous non-profit organizations.

 

Katrina Sriranpong’s primary focus centers on aiding vulnerable and marginalized children, with her support extending to reputable organizations such as UNICEF, War Child, Save the Children, New Hope Foundation, and Operation Underground Railroad. These organizations collectively strive to provide essential humanitarian aid for children in need.

 

Today, she helps her readership comprehend the complexities of human rights during armed conflict.

 

Understanding the Law of Armed Conflict

 

“At its core, LOAC serves as the framework that regulates the means and methods employed during armed hostilities, whether through established treaties or customary practices. This body of law is designed to balance the necessities of warfare with the imperative to protect individuals who may be affected by armed conflicts” says Katrina Sriranpong. “However, navigating the intricate web of international human rights law within the context of armed conflict requires a keen understanding of the legal landscape.  During war, people continue to have access to and enjoy their human rights, which includes political and civil rights such as the right to life and the right to fair trials.  Children continue to have the right to education even during times of war and people have a right to housing, healthcare, food as well as clean water.  The simple act of war does not negate human rights.” 

 

“During armed conflict, states still have a duty to respect, protect and fulfill the rights of all individuals and groups.  And, currently what we are seeing in Gaza is quite the opposite as Israel is using starvation as a weapon of war and engaging in disproportionate and indiscriminate attacks,” explains Katrina Sriranpong. 

 

“There are certain human rights that are considered so essential that they may never be suspended or changed, even during times of armed conflict.  For example, the right to life, the prohibition against torture, prohibition against slavery, requirements to a fair trial, freedom of thought or religion, and access to healthcare as well as food, basic shelter, and safe water.  States are bound by human rights duties even during war and this is set out in the international human rights’ legal framework.” 

 

“It’s also important to note that the rules of international humanitarian law are universal, unconditional, and non-reciprocal, which means that the violation of these rules by one side does not justify the opposing party breaking its own obligations under international humanitarian law.  In summary, international humanitarian law applies during armed conflicts, but international human rights law applies at all times” says Katrina Sriranpong. 

 

“Some of the fundamentals of international humanitarian law or LOAC is (1) the protection of civilians, (2) protection of children, (3) protection of hospitals and schools, (4) respecting the principle of proportionality, and (5) abiding by the principle of distinction and precaution.  If we look at the unprecedented humanitarian catastrophe in Gaza, we can see that the principle of proportionality, which is a fundamental concept in international humanitarian law, is not being respected.  The harm caused to innocent civilians because of a military attack should not be excessive in relation to the military advantage.  Engaging in disproportionate attacks is a war crime,” explains Katrina Sriranpong.   

 

Practitioners’ Guide to Human Rights Law in Armed Conflict

 

To bridge the gap in comprehending the interplay between these legal frameworks, scholars and practitioners alike have contributed to works such as the “Practitioners’ Guide to Human Rights Law in Armed Conflict.” This guide, edited by Daragh Murray and with consultant editors including Elizabeth Wilmshurst, Francoise Hampson, Charles Garraway, Noam Lubell, and Dapo Akande, serves as a valuable resource for those seeking practical insights into the application of human rights law in armed conflict scenarios.

 

“One crucial aspect explored in-depth by Ian Park’s work, ‘How the Right to Life Applies during Armed Conflict,’delves into the intricacies of preserving the fundamental right to life amid the chaos of armed hostilities,” says Sriranpong. “As military forces navigate the challenges of conflict, understanding how this right applies becomes paramount to ensuring ethical and lawful conduct.”

 

Environmental Protections in Multinational Military Operations

 

Additionally, recognizing the impact of armed conflicts on the environment, Onita Das et al.’s work, “Protecting the Environment during Multinational Military Operations,” emphasizes the importance of balancing military objectives with environmental responsibilities. This underscores the broader implications of armed conflict, extending beyond the immediate human sphere.

 

By understanding the delicate balance between the Law of Armed Conflict and human rights principles, military forces can better uphold ethical standards while fulfilling their duties in times of conflict. The ongoing dialogue surrounding this intersection ensures that practitioners are equipped with the knowledge needed to address the complex challenges presented by armed hostilities within a legal framework.

Published: 2023-12-26 19:42:01