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historical level.

The "human rights" as we shall see below, are taken into account by the declaration of 1948, but before that date, there have been important statements, which have sought to regulate the behavior of the States in time of war.

Kant's thesis according to which, to settle conflicts, it served "only" a number of democratic states in peaceful relations, proved an illusion. The thesis of Habermas, however, proved fruitless, says that to achieve peace we need to centralize control under a state of war or a major organization.

We hear, also, to speak indistinctly International Humanitarian Law and law of nations These rights have different roots. the law of nations is the set of general principles that seek to establish that life and the people are the order of law and not a its means. "This expression is the translation of ius gentium Roman. Since Rome power led to the creation of a special magistrate for the processes between foreigners and citizens of Rome, called p raetor peregrinus , other than the Praetor Urbanus, this new law stemming from relations with foreigners , was defined ius gentium to distinguish between Roman law IUS CIVIL " 3

At the time of the conquest of America, the law of nations was adapted to the new international situation when, in 1511, the rights of Indigenous (Derechos de Indios) one hand and the rights of other Spaniards, began to be studied and discussed in meetings in Spain, giving rise to the creation of the laws of Burgos of 1513.

The Dominican priest Francisco de Vitoria, considered the father of modern international law, it marked the foundation of the "Derecho de Gentes" in Latin America. Its main theses were:

1. recognition of Aborigines as owners of their lands. Therefore, Member Aborigines, though not Catholic, would have the same rights as European States;

2. The denial that the emperor could use a universal law to identify themselves as asset owner of the world and, equally, have the power to storm assign territories of infidels with other principles;

3. The discovery of new territories acquired the automatic right to the domination of the latter;

4. The Aborigines were granted to the English full freedom to operate in a process of evangelization. In case of refusal, the Spaniards did not have the freedom to conquer.

Another chapter of the European history that marked the path of "human rights" was the Battle of Solferino, fought on June 24, 1859 for more than 15 hours. Considered one of the bloodiest in European history of the nineteenth century, counted more than 70 thousand deaths and 30 000 injured.

In his work of 1862, Henry Dunan and tell not only describe the terrible disaster, but will also draft a proposal to create a universal institution capable of alleviating the horrors of war. In 1864 the Swiss Federal Council made a diplomatic conference in Geneva with the presence State's 16 delegates to sign the "Geneva Convention for the Amelioration of the soldiers wounded in military campaign" when he saw it rise to the first non-governmental organization: the Red Cross.

Tsar Alexander II of Russia, for its part, in 1868, convened a conference in St. Petersburg, where he was forbidden, for the first time, the use of some types of weapons and ammunition, thus giving space to the limitation of the conduct of war and international conflict. Then they took place, respectively in 1899 and 1907, the Hague Conferences.

The International Law proves therefore the main tool with which you seek to ensure the protection and preservation of "rights Human and why the International Humanitarian Law is defined as currently: " The International Humanitarian Law (IHL) , includes Human Rights, introduced and accepted as their essence. It will be the promoter, defender and guarantor, so we perceive the IHL as a set of international legal standards and even customs, whose object is to limit the use of armed violence. The IHL will not qualify the legitimacy or otherwise of the war or conflict in question, much less qualify the methods of conflict in relation to its effectiveness, the only thing that is proposed is to prevent unnecessary suffering el'avvilimento . The sources of international humanitarian law will be so the Hague Conventions the 1899 and 1907, the four Geneva Conventions, Additional Protocol I, subsequent declarations and conventions. " 4

Now But we must distinguish two types of rights: the right Hague and Geneva law.

The entitlements , preventive, down the possible reaction to acts of hostility and aggression, limiting the choice of means of combat. This law regulates the behavior of states and armies, and has direct implications with belligerence, that is the legitimate use of force by the rebels, for which replaces the law of war law. In this case the rebels, advantage of the laws of war, leading to the suspension of law and conflict who will be born will be recognized as international conflict.

I Hague Conventions require four conditions necessary to achieve the quality of belligerence:

1. Having a person accountable to their subordinates;
2. Having a distinctive emblem, removable and easy recognition distance
3. bear arms exposed
4. adapt their actions to the laws of war and established practices law in The Hague

addition, the groups on the fringes of the law will not be as self-appointed belligerents, but must be approved by both the home jurisdiction, which third States, this recognition may be express or implied.

The Law of Geneva, repair type, is intended to promote protection of civil society and non-combatant victims of war, both national and international.

Acts of the Geneva Convention of August 12, 1949 are as follows:

• The Convention for improve the conditions of the Wounded and Sick in Armed forces in the country;
• II Convention to improve the conditions of wounded, sick and shipwrecked of the armed forces at sea;
• III Convention for the treatment of prisoners of war;
• IV Convention for the protection of persons Civilian Persons in Time of War

The process of decolonization and the spread of non-symmetric conflicts led integration of the Four Geneva Conventions by two Protocols Additional , adopted in Geneva the 8th June 1977:

• Protocol I Extra on the Protection of Victims of International Armed Conflicts - Geneva, June 8, 1977;
• Protocol II Extra on the protection of victims of armed conflicts International - Geneva, June 8, 1977;
• Protocol III Additional adopting an additional distinctive emblem - Geneva, December 8, 2005.

This was necessary because of repeated acts of violence aimed at both the Red Cross that the Red Crescent. It provides for the use of a symbol that can not be linked or confused with any religious symbols.
The "current New York is an act of the United Nations Conference

of 10 December 1980 prohibiting the use of certain conventional weapons deemed excessively harmful, such fragments do not localize, mines, incendiary weapons and other artifacts. "However, this division between the Hague and Geneva is the News be useless, because it is called without distinction of either law, but in particular the right to Geneva incorporates the Hague. " 5

Unlike what Clausewits asserted, namely that the war has not limits, after the carnage of World War II, is considered more serious about the need to humanize the war years, limiting very precise, as well as legitimizing their use. Contrary to believes in the peace conferences of 1899 and 1907 were never used expressions Ius ad bellum rights (the war) and Ius in Bello (rights war).

• Ius ad bellum indicates when it is permissible to undertake or participate in a war or, in more concrete words, states the reasons for the States enter combat.
• Ius in bello indicates what is lawful to do, which governs the conduct of belligerents in time of war, including the rights and obligations of neutral. Specifically indicate what should be the means by which to bring forward comparison.

Robert Kolb in his article: "Origin of the terminology pair Ius to bellum / jus in Bellum" 6, ; explains that before 1930 these expressions were little Enriques and was used in "Considerations on the theory of war in the right International , the first to use in his text, the term ius ad bellum in 1928 .

International Law, in 1928 with the signing of the Kellogg-Briand Pact (also known as the Pact of Paris), deplores the resort to war as a solution to international conflicts, then condemns all wars of aggression.

was Hans Kelsen, after the Second World War, which began to require individual responsibility for the start of a war legally unlawful creating an international court that would guarantee peace by law, strengthen seeing this adjustment with the processes of Nuremberg, considering an act of war crime against peace.

The increased interest in the defense of "human rights", however, is be counterproductive, as it claims to act in defense of "human rights " in some countries, leads to take actions that will prove even more bloody and difficult to manage. The "human rights" in all cases are the first to be violated, despite the intentions of peace.
becomes necessary at this point Signification un'urgente rielaborazione of dell'espressione stesso "diritti umani" e dove per Capire not eat if intende preservarli e quali siano i Pericoli to care if you are in controlled per difenderli.