Indonesian Journal of International Law


INTERRELATIONS BETWEEN HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW ACCORDING TO SEPARATION WALL CASE

Kristianti, Wulan (Unknown)



Article Info

Publish Date
12 Aug 2021

Abstract

According to the ICJ, Israel has violated International Human Rights Law (IHRL) namely the right to liberty of movement under the 1966 International Covenant on Civil and Political Rights (ICCPR), the right to work, the right to health, the right to education, and to an adequate standard of living under the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC). This paper will discuss whether those norms are also covered under International Humanitarian Law (IHL) applicable in the occupied territory. It is without doubt that Geneva Convention IV in the occupied territory applies since the military occupation occurred and the victims who are the Palestinian inhabitants are regarded as protected persons. Israel has not become a party to the 1977 Additional Protocol I, consequently, those provisions do not apply unless those provisions are considered customary law.

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Journal Info

Abbrev

publication:ijil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of ...