Analysis of International Humanitarian Law and Human Rights
CENTRE FOR LEGAL STUDIES
Mr. Paramjeet Singh
Volume II – Issue IV, 2019
Earlier, human beings enjoyed rights within families or communities they were part of, and not through state. Initially, Civil rights or fundamental rights was introduced in the Cyrus cylinder, it was a clay tablet written in 539 BC, Cyrus the great freed all the slave he took when he conquered the city of Babylon and gave right to his people to choose whichever religion they want. Cyrus cylinder was the world’s first human right declaration in the history. After the atrocities of World War II, around 85 million of the lives were lost and the need to establish a universal principle to avoid the recurrence of such a tragedy, hence United Nations was formed 24th Oct 1945, with a sole purpose of protecting human rights which further lead to Universal Declaration of Human Rights which came to existence on 10th December 1948, which safeguards the fundamental human rights which are to be protected universally. In this paper author focuses on Universal Declaration of Human Rights and its influence over domestic laws as our constitutional framework is vastly influenced by the provisions of UDHR. In India there was no scope of any humanitarian law until the departure of British and enactment of Constitution back in 1950 in whose Part III provides for Fundamental Rights which are to be given to every person or citizen. In excess to having constitutional guidelines, India is also signatory to UN’s declarations such UHDR or ICCPR. In this paper author further focuses on role of International Court of Justice to ensure the enforcement of the charters or declarations signed by the member countries and ensure the implementations of such charters on domestic level.
KEYWORDS: Human Right, War, Humanitarian, International, Convention