Publication date: 06.06.2024
Lawyer
Legal regulation of compliance with norms of international humanitarian law in military conflicts
Ensuring compliance with international humanitarian law (IHL) is one of the key tasks in military conflicts. Despite the existence of numerous international treaties and acts, their implementation in practice often faces numerous challenges and obstacles. That is why the involvement of lawyers for consultations, analysis of documents and provision of legal opinions plays an extremely important role in ensuring compliance with IHL norms.
A lawyer's consultation is necessary for clarifying the content and requirements of the norms of international humanitarian law, as well as the mechanisms of their implementation and monitoring of their implementation. Lawyers must conduct a thorough analysis of documents and provide a legal opinion on the legal regulation of compliance with IHL norms in specific situations of military conflict.
International legal regulation
The Geneva Conventions of 1949 and their Additional Protocols of 1977 are the main documents regulating compliance with the norms of international humanitarian law in military conflicts. These acts establish the rules for the conduct of military operations, the protection of the civilian population and civilian objects, as well as determine the status of combatants and the treatment of prisoners of war.
In addition, the Hague Conventions and declarations regulating issues of the laws and customs of war, as well as numerous resolutions of the UN Security Council and acts of other international organizations dedicated to compliance with IHL norms in specific armed conflicts, are of great importance.
National legislation
At the national level, issues of compliance with the norms of international humanitarian law are regulated by the Constitution of Ukraine, the laws of Ukraine "On International Treaties of Ukraine", "On the Disciplinary Statute of the Armed Forces of Ukraine", "On Military Duty and Military Service" and other normative legal acts. These documents determine the procedure for implementing IHL norms into national legislation, as well as establish requirements and responsibilities for their observance by military personnel and civilians.
Legal opinion of the lawyer
During the lawyer's consultation on the legal regulation of compliance with the norms of international humanitarian law in military conflicts, the lawyer must conduct a thorough analysis of the documents and provide a legal opinion, which will include the following aspects:
1. Determination of the content and requirements of specific norms of IHL applicable in a certain armed conflict.
2. Assessment of risks and threats of violations of IHL norms, as well as mechanisms for their minimization.
3. Analysis of the possibilities of involving international human rights organizations, state authorities and law enforcement agencies to monitor compliance with IHL norms.
4. Recommendations regarding the course of action in case of detection of violations of IHL norms, in particular, investigation procedures and bringing guilty persons to justice.
5. Clarification of responsibility for gross violations of norms of international humanitarian law in accordance with international and national legislation.
Conclusion
Ensuring compliance with the norms of international humanitarian law in military conflicts is an extremely important task that requires effective legal regulation at the international and national levels. Only under the condition of coordinated actions of lawyers, human rights organizations, state authorities, law enforcement agencies and international institutions, it is possible to ensure real control over the implementation of IHL norms and bring to justice those guilty of their violation.
