UPHOLDING THE DIGNITY OF HUMANITY IN TIMES OF CONFLICT: SAFEGUARDING HUMAN RIGHTS DURING NON- INTERNATIONAL ARMED CONFLICT

Abstract

International Humanitarian Law and Human Rights Law have always co-existed and the law is very clear about the rules established during an armed conflict situation. Armed conflict situations wreck the most havoc in the lives of the non-combatants or the civilians. The Armed Forces during an international armed conflict situation have to follow the guidelines set by the Laws of War but however, during a non-international armed conflict situation where belligerent forces are at play without any set of rules or laws, the situation of human rights becomes controversial. The situation becomes dicey because the State does not want to entertain the idea of a non-international armed conflict as it would lead to ensuring that human rights law will become applicable and situations like this would ruin the reputation of the State in the international forum. The problem arises when there are no proper set rules or guidelines to be followed by both the parties and the ensuing damage and loss is borne by the innocent civilian population. The scope of this article relates to the armed conflict situations and the actions of the armed forces and other belligerent forces which violates human rights of the innocent non- combatants caught between the cross fire. However, the scope is limited to the protection of human rights of the civilian populace during Non-International Armed Conflict and preferably the Common Article 3 of the Geneva Convention.

Keywords: International Humanitarian Law, Human Rights Law, Non-International Armed Conflict, Common Article 3, Geneva Convention.