THE IDEA OF HUMAN RIGHTS IN THE 1977 ADDITIONAL PROTOCOLS

Abstract

The article examines how the 1977 Additional Protocols to the Geneva Conventions became a catalyst for the systematic integration of human rights into the law of armed conflict, causing a paradigm shift from a state-centric system to an individual-oriented legal regime. The study highlights that, in response to the shortcomings of the 1949 Geneva Conventions, in particular the insufficient regulation of methods of warfare and non-international armed conflicts, the Protocols established a new philosophy of protection based on the idea of the inalienability of human dignity. It was found that Additional Protocol I not only codified key principles (distinction, proportionality) but also incorporated human rights concepts, extending the concept of international conflict to national liberation wars. The central element of this humanization was Article 75, which functions as a “bill of rights” in IHL, establishing minimum standards of humane treatment and comprehensive judicial guarantees borrowed from international human rights law. At the same time, Additional Protocol II made a historic breakthrough by creating the first detailed legal regime for non-international armed conflicts in history. It significantly expanded the minimal protection provided by the general Article 3, incorporating into the law of internal conflicts the core of inalienable human rights, including fundamental guarantees (Article 4) and the right to a fair trial (Article 6). The results of the study show that this human rights legacy has been consolidated by the practice of ad hoc international tribunals and the International Court of Justice, which have confirmed the customary nature of many norms and the doctrine of parallel application of IHL and ICCPR. Thus, the 1977 Additional Protocols irreversibly “humanised” the law of war, establishing that the protection of the dignity and rights of the individual is a central element of IHL, which is crucial for modern armed conflicts.