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Publication date: 04.06.2024
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Publication date: 04.06.2024
Ensuring Justice in the Context of Military Conflict: Challenges and Possible Solutions
Introduction
The armed conflict poses numerous challenges to the administration of justice. When the normal functioning of the judiciary becomes difficult or impossible, it is important to find effective mechanisms to protect the rights of citizens and uphold the rule of law. This paper discusses the main challenges and possible solutions for ensuring justice in armed conflict.
Challenges
1. Destruction of the Judicial Infrastructure
Problems with access to courts
- Destruction of buildings: During hostilities, court buildings may be damaged or destroyed, making it difficult or impossible for them to operate.
- Disruptions to operations: Judicial institutions may be forced to suspend operations due to threats to the safety of employees and visitors.
2. Population movements
Internally displaced persons (IDPs)
- Loss of documents: IDPs may lose documents necessary to defend their rights in court.
- Inaccessibility of legal aid: Displaced persons often do not have access to qualified legal aid.
3. Violation of Human Rights
War crimes and crimes against humanity
- Impunity for criminals: Conflict often creates situations where it is difficult to ensure accountability for war crimes.
- Difficulties with evidence: Collecting evidence in a conflict zone is extremely difficult due to the danger and destruction.
Possible Solutions
1. Mobile Judicial Institutions
Introduction of mobile courts
- Mobile courts: The creation of mobile judicial institutions that can move to safe areas to deliver justice.
- Temporary premises: The use of temporary premises to hold court hearings in secure locations.
2. Use of Technology
Digitalization of the judicial process
- Online courts: Introduce an online court system that will allow court hearings to be held remotely.
- Electronic documents: Use of electronic documents and digital signatures to reduce dependence on physical documents. You may be interested in the following articles: legal advice, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal advice, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
3. Legal aid to IDPs
Providing free legal aid
- Legal clinics: Organization of legal clinics and legal aid centers for IDPs.
- Mobile groups: Establishment of mobile legal aid teams that can provide advice and assistance on the ground.
4. 4. Cooperation with International
Organizations
Attracting international resources and expertise
- International courts: Cooperation with the International Criminal Court and other international human rights organizations to investigate war crimes.
- International assistance: Obtaining assistance from international organizations to rebuild judicial infrastructure and train personnel.
5. Protection of Human Rights
Monitoring and documenting violations
- Monitoring missions: Establishment of independent monitoring missions to document human rights violations.
- Collection of evidence: Using modern technologies to collect and preserve evidence of war crimes.
