ABSTRACT
This chapter discusses the legal instruments that may be used to respond to serious human rights violations during war or political violence, specifically the key rights and obligations established by both international human rights law and international humanitarian law. While these two sets of rights and obligations share superficial similarities, their sources, purposes, applicability, and content differ. International human rights law recognizes rights for individuals and obligations for states, and applies whether an armed conflict exists or not. International humanitarian law establishes rights for individuals and obligations for both states and individuals, and applies where armed conflict exists, but differently depending upon whether the conflict is international or noninternational. Obligations under both international human rights law and international humanitarian law are contained in treaties and customary law. By signing an international human rights treaty, states assume the responsibility to respect, protect, and promote the human rights of individuals under their jurisdiction. In contrast, customary law binds all states, regardless of whether they have signed any international document agreeing to human rights obligations.
