Abstract

This chapter first discusses the position of individuals as right- and then as duty-holders under the two legal regimes of international humanitarian law (IHL) and human rights law (HRL). Under the first regime the substantial rights provided to individuals under the various human rights treaties are considered with relation to the idea that human rights are provided by the state directly to the individual, yet bearing in mind that membership in a treaty is also beneficial to the state itself. The discussion regarding the second regime (IHL), which is often much related to the rights of states and not of individuals, showed that the Geneva Conventions and Additional Protocol I grant substantial rights to individuals. Keywords: duty-holders; human rights law (HRL); human rights treaties; international humanitarian law (IHL); right-holders; rights to individuals

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