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LCP4807: International Human Rights Law
Comprehensive Exam Revision Guide — May/June 2023, 2024 & 2025
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
Law — College of Law — UNISA LLB
Exam Revision Guide
LCP4807
Module Code:
International Human Rights Law
Module Name:
May/June 2023, May/June 2024
Papers Covered:
& Projected May/June 2025
100 marks (3 hours)
Marks:
Open-book take-home examination
Format:
This guide covers all core exam questions with full answers. Focus on understanding
the principles and applying them to facts.
Exam Revision Notes | LCP4807 | 2023–2025
,LCP4807 | Exam Revision International Human Rights Law
PAPER A: MAY/JUNE 2023 EXAMINATION
Question 1 (2023) [25] marks
(a) [15] marks
Question: Discuss the development of International Human Rights Law (IHRL) as a
branch of Public International Law (PIL). In your answer, explain the relationship be-
tween IHRL and PIL, and trace the key milestones in the development of IHRL from the
post-World War II era to the present.
Answer: 1. IHRL as a Branch of PIL
Public International Law (PIL) is the body of rules that governs relations between
states. It is “public” because it concerns states (not private individuals), “international”
because it operates between nations, and “law” because it constitutes a binding set of
rules. IHRL is a specialised sub-discipline of PIL that focuses on protecting individual
human rights at the international level. Although rooted in PIL, IHRL has an indepen-
dent evolution due to its subject matter: the protection of the individual against the
state.
Key features linking IHRL to PIL:
• Both rely on the same sources of law: treaties, customary international law, and
general principles.
• States remain the primary duty-bearers in both fields.
• Both are enforced through international institutions and state reporting.
2. Milestones in the Development of IHRL
1. Pre-World War II (early roots): Early humanitarian concerns arose through
the abolition of the slave trade (19th century), the Geneva Conventions (1864 on-
wards) protecting war victims, and the International Labour Organisation (ILO,
1919) protecting workers’ rights. These were precursors to modern IHRL.
2. Post-World War II – The United Nations Era (1945 onwards): The atroc-
ities of the Holocaust revealed the catastrophic failure of leaving human rights to
domestic jurisdiction. On 26 June 1945, the UN Charter was signed in San Fran-
Page 2 of 29
, LCP4807 | Exam Revision International Human Rights Law
cisco. The Charter contains foundational human rights provisions (Arts. 1, 13, 55,
56) committing member states to promote human rights without discrimination.
3. Universal Declaration of Human Rights (UDHR), 1948: On 10 December
1948, the UN General Assembly adopted the UDHR – the “common standard of
achievement for all peoples.” It is not a binding treaty but is considered customary
international law and the cornerstone of IHRL.
4. International Bill of Rights (1966): The UDHR was translated into binding
treaties:
• ICCPR (1966, in force 1976): Protects civil and political rights.
• ICESCR (1966, in force 1976): Protects economic, social and cultural rights.
• Together with the UDHR, these form the International Bill of Rights.
5. Specialised Treaties: Specific groups gained dedicated protection through
CEDAW (1979, women), CAT (1984, torture), CRC (1989, children), CRPD (2006,
persons with disabilities), and others.
6. Regional Systems: IHRL developed at regional levels: the European system
(ECHR, 1950), the Inter-American system (ACHR, 1969), and the African sys-
tem (African Charter on Human and Peoples’ Rights, 1981).
3. Conclusion: IHRL evolved from a state-centric PIL into a robust specialised regime
that places individual rights at the centre of international law, supported by treaty bod-
ies, courts, and reporting mechanisms.
Exam Tip
In a 15-mark question, structure your answer in numbered sections. The examiner
expects: definition/relationship, milestones in chronological order, and regional develop-
ments. Avoid simply listing – explain and link each point.
(b) [10] marks
Question: With reference to the relevant sources of Public International Law, explain
which sources apply to IHRL and how customary international law is formed.
Answer: Sources of PIL (Article 38, ICJ Statute)
The primary sources of international law, as codified in Article 38(1) of the Statute of
the International Court of Justice, are:
Page 3 of 29
]]
LCP4807: International Human Rights Law
Comprehensive Exam Revision Guide — May/June 2023, 2024 & 2025
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
Law — College of Law — UNISA LLB
Exam Revision Guide
LCP4807
Module Code:
International Human Rights Law
Module Name:
May/June 2023, May/June 2024
Papers Covered:
& Projected May/June 2025
100 marks (3 hours)
Marks:
Open-book take-home examination
Format:
This guide covers all core exam questions with full answers. Focus on understanding
the principles and applying them to facts.
Exam Revision Notes | LCP4807 | 2023–2025
,LCP4807 | Exam Revision International Human Rights Law
PAPER A: MAY/JUNE 2023 EXAMINATION
Question 1 (2023) [25] marks
(a) [15] marks
Question: Discuss the development of International Human Rights Law (IHRL) as a
branch of Public International Law (PIL). In your answer, explain the relationship be-
tween IHRL and PIL, and trace the key milestones in the development of IHRL from the
post-World War II era to the present.
Answer: 1. IHRL as a Branch of PIL
Public International Law (PIL) is the body of rules that governs relations between
states. It is “public” because it concerns states (not private individuals), “international”
because it operates between nations, and “law” because it constitutes a binding set of
rules. IHRL is a specialised sub-discipline of PIL that focuses on protecting individual
human rights at the international level. Although rooted in PIL, IHRL has an indepen-
dent evolution due to its subject matter: the protection of the individual against the
state.
Key features linking IHRL to PIL:
• Both rely on the same sources of law: treaties, customary international law, and
general principles.
• States remain the primary duty-bearers in both fields.
• Both are enforced through international institutions and state reporting.
2. Milestones in the Development of IHRL
1. Pre-World War II (early roots): Early humanitarian concerns arose through
the abolition of the slave trade (19th century), the Geneva Conventions (1864 on-
wards) protecting war victims, and the International Labour Organisation (ILO,
1919) protecting workers’ rights. These were precursors to modern IHRL.
2. Post-World War II – The United Nations Era (1945 onwards): The atroc-
ities of the Holocaust revealed the catastrophic failure of leaving human rights to
domestic jurisdiction. On 26 June 1945, the UN Charter was signed in San Fran-
Page 2 of 29
, LCP4807 | Exam Revision International Human Rights Law
cisco. The Charter contains foundational human rights provisions (Arts. 1, 13, 55,
56) committing member states to promote human rights without discrimination.
3. Universal Declaration of Human Rights (UDHR), 1948: On 10 December
1948, the UN General Assembly adopted the UDHR – the “common standard of
achievement for all peoples.” It is not a binding treaty but is considered customary
international law and the cornerstone of IHRL.
4. International Bill of Rights (1966): The UDHR was translated into binding
treaties:
• ICCPR (1966, in force 1976): Protects civil and political rights.
• ICESCR (1966, in force 1976): Protects economic, social and cultural rights.
• Together with the UDHR, these form the International Bill of Rights.
5. Specialised Treaties: Specific groups gained dedicated protection through
CEDAW (1979, women), CAT (1984, torture), CRC (1989, children), CRPD (2006,
persons with disabilities), and others.
6. Regional Systems: IHRL developed at regional levels: the European system
(ECHR, 1950), the Inter-American system (ACHR, 1969), and the African sys-
tem (African Charter on Human and Peoples’ Rights, 1981).
3. Conclusion: IHRL evolved from a state-centric PIL into a robust specialised regime
that places individual rights at the centre of international law, supported by treaty bod-
ies, courts, and reporting mechanisms.
Exam Tip
In a 15-mark question, structure your answer in numbered sections. The examiner
expects: definition/relationship, milestones in chronological order, and regional develop-
ments. Avoid simply listing – explain and link each point.
(b) [10] marks
Question: With reference to the relevant sources of Public International Law, explain
which sources apply to IHRL and how customary international law is formed.
Answer: Sources of PIL (Article 38, ICJ Statute)
The primary sources of international law, as codified in Article 38(1) of the Statute of
the International Court of Justice, are:
Page 3 of 29
