1.

Difference between Human Rights Law and Humanitarian Law

The two bodies of law aim to protect human life, health and dignity of individual but there are
differences that these two bodies of law are identical. As to their definition, Human Rights Law are set of
rules established by treaty or custom, on the basis of which individuals and groups can expect or claim
certain behavior or benefits from government. Human rights are innate to every person as a consequence
of being human. Humanitarian Law are set also of rules established by treaty or custom which are
specifically intended to solve humanitarian problems directly arising from international or noninternational conflicts.
As to their sources, Human Rights Law sources are the International Covenants on Civil and
Political Rights ,Economic, Social and Cultural Rights. As to Humanitarian Law sources applicable in
international armed conflict are the four Geneva Conventions of 1949 and their Additional Protocol of
1977.
As to their Applicability and Derogation, Human Rights Law applies at all times(both peace time
and armed conflict). Some Human Rights Law can be derogate by the government in situations of public
emergency threatening the life of the nation. Humanitarian Law in other hand applies in times of armed
conflict, whether international or non international. No derogations can be permitted in Humanitarian
Law because it was conceived for emergency situation.

As to whom they protect, Human rights Law being tailored primarily for peacetime,
applies to all persons. Humanitarian Law aims to protect people who do not or no longer taking
part in hostilities.
2. Reason why the protection of human rights lodged in the judiciary.
A vital important role of judiciary is preserving the equality and justice of human rights. One of
the reason why human rights lodged in judiciary is its Independence. This Independence means that the
Judiciary as an institution must able to exercise their responsibilities without being influenced by the
Executive and Legislative. It is the only guarantee of fairness on the state and a main building block of
justice. Consequently, the branch of Judiciary has been entrusted with the responsibility in ensuring the
Constitution is fully enforced in order to protect the Human rights of the citizens. The role entitled by the
Constitution, enforce the judiciary to safeguard, thereby protecting human rights. As a result of this, one
may enjoy equality, and the other function of the government may function effectively and efficiently.