- Table of National Cases
- Table of Treaties, Declarations, and Other International Instruments
- Table of Abbreviations
- Notes on the Contributors
- Moral Philosophy
- Biological Foundations of Human Rights
- Sociology of Human Rights
- The Psychological Foundations of Human Rights
- Anthropology and the Grounds of Human Rights
- The Foundations of Justice and Human Rights in Early Legal Texts and Thought
- General Principles and Constitutions as Sources of Human Rights Law
- The Anti-Slavery Movement and the Rise of International Non-Governmental Organizations
- Diplomatic Protection as a Source of Human Rights Law
- Humanitarian Law as a Source of Human Rights Law
- Social Justice, Rights, and Labour
- The Protection of Minorities under the Auspices of the League of Nations
- Human Dignity
- Democracy and the Rule of Law
- The Law-Making Process: From Declaration to Treaty to Custom to Prevention
- Core Rights and Obligations
- Jus Cogens and Obligations Erga Omnes
- Positive and Negative Obligations
- From Commission to the Council: Evolution of UN Charter Bodies
- The Role and Impact of Treaty Bodies
- The Role of International Tribunals: Law-Making or Creative Interpretation?
- Universality and the Growth of Regional Systems
- National Implementation and Interpretation
- Roles and Responsibilities of Non-State Actors
- Interpretation of Human Rights Treaties
- Enforcing Human Rights Through Economic Sanctions
- Transnational Litigation: Jurisdiction and Immunities
- The Use of International Force to Prevent or Halt Atrocities: From Humanitarian Intervention to the Responsibility to Protect
- Trade Law and Investment Law
- Creating and Applying Human Rights Indicators
- What Outcomes for Victims?
- Human Rights Make a Difference: Lessons from Latin America
Abstract and Keywords
This article examines the influence of humanitarian law in the development of modern human rights law. It explores the concept of humanity in war in ancient times and the middle ages and considers the treatment of individual rights during national wars. It analyses the evolution of humanitarian law that coincided with the development of the science of warfare and the progress of civilization. This article highlights the fact that international humanitarian law was the only international legal framework which accommodated the fate of individuals human rights became a legal reality in 1945.
International Law, University of Graz
Gerd Oberleitner is Lecturer at the Institute of International Law and International Relations at the University of Graz, Austria. From 1998 to 1999 he served in the Human Rights Department of the Austrian Federal Ministry for Foreign Affairs. From 1999 to 2002 he was Executive Director of the European Training and Research Centre for Human Rights and Democracy (ETC) in Graz and is presently on the Centre’s Executive Board. From 2002 to 2004 he was Lecturer in Human Rights at the London School of Economics and Political Science (LSE) and from 2004 to 2007 Visiting Fellow at the LSE’s Centre for the Study of Human Rights. He was also a Visiting Scholar at the European Inter-University Centre in Venice (2009) and the Université du Quebéc à Montréal (2010) and a Visiting Professor at the University of Prishtina (2010). He is course instructor in human rights distance learning programmes of Human Rights Education Associates (HREA) and teaches in the European Regional Master Programme in Democracy and Human Rights in South-East Europe (Sarajevo) and the European Master’s Programme in Human Rights and Democratisation (Venice). His publications include Global Human Rights Institutions: Between Remedy and Ritual (Polity 2007).
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