Chapter I. Fundamental Standards of Humanity: a CommonLanguage of International Humanitarian Law andHuman Rights Law

Abstract

This chapter analyzes the idea of Fundamental Standards of Humanity (FSH), taking into particular account the work of the United Nations within the wider context and evolution of international law. It provides an account and discussion on the possible means for the protection of victims in unclear situations of violence, when international humanitarian law (IHL) and human rights law (HRL) may leave some potential gaps. First, the reasons for the use of FSH are addressed including a short historical introduction leading to the use of this expression. Second, the main legal development under discussion is considered, taking into consideration the work of the United Nations and other international bodies on this topic. Third, the possible nature, content and applicability of the FSH are analyzed on the basis of the evolution of contemporary international law. Finally, the possible definition and role of FSH is considered. Keywords: Fundamental Standards of Humanity (FSH); human rights law (HRL); international humanitarian law (IHL); international law; United Nations