Publication date: 26.06.2024
International Humanitarian Law and Conflict: Basic Principles and Current Challenges
Introduction
International humanitarian law (IHL), also known as the law of armed conflict or the law of war, is a branch of international law that regulates behavior during armed conflicts in order to limit their consequences. The main goal of IHL is to protect non-combatants and limit the methods and means of warfare. In the modern world, IHL faces numerous challenges that require adaptation and updating of legal norms.
Basic principles of international humanitarian law
1. 1. The principle of distinction
- The point: Parties to an armed conflict must always distinguish between civilians and combatants, and between civilian objects and military objectives. Attacks may only be directed at military objectives.
- Application: Attacks that do not distinguish between civilians and combatants, resulting in unnecessary civilian casualties, are prohibited.
2. The principle of proportionality
- Meaning: It is prohibited to conduct attacks if the expected civilian casualties or damage to civilian objects are disproportionate to the expected concrete and immediate military advantage.
- Application: Commanders must assess the potential consequences of their actions and refrain from attacks that could result in excessive casualties.
3. The principle of necessity
- The essence: Military actions must be aimed at achieving a specific military objective and not go beyond the measures necessary to achieve it.
- Application: It is forbidden to use methods and means of warfare that are not necessary to achieve a military objective.
4. The principle of humanity
- The bottom line: All parties to an armed conflict must treat humanely persons who are not or have ceased to participate in hostilities.
- Application: Torture, inhuman or degrading treatment of prisoners, wounded and civilians is prohibited.
Current challenges of international humanitarian law
1. Asymmetric conflicts and terrorism
- The problem: Contemporary conflicts are often asymmetrical, with one side being a state actor and the other non-state groups, including terrorist organizations. This complicates the application of traditional IHL rules.
- Solution: Develop additional protocols and mechanisms to regulate the behavior of non-state actors and ensure their accountability.
2. Use of the latest technologies
- Issue: The use of unmanned aerial vehicles (drones), cyberweapons and autonomous weapons systems creates new challenges for IHL, as existing rules do not always take into account the specifics of these technologies.
- Solution: Adaptation of existing norms and development of new international treaties to regulate the use of new technologies in armed conflicts.
3. 3. internal conflicts
- The problem: A large number of modern conflicts are internal (not international), which makes it difficult to regulate them under IHL, which was mostly developed for interstate conflicts.
- Solution: Enhance the role of international organizations and regional initiatives in resolving internal conflicts, as well as develop special norms and mechanisms to protect civilians and humanitarian workers in such conflicts.
4. Protection of humanitarian workers and civilians
- The problem: Humanitarian workers and civilians are often targeted during armed conflicts, making it difficult to provide humanitarian assistance and protect civilians.
- Solution: Strengthening international mechanisms for the protection of humanitarian workers and civilians, including tougher sanctions against violators and raising awareness of IHL among parties to conflicts.
5. Responsibility for violations of IHL
- The problem: Ensuring accountability for violations of IHL remains a difficult task, especially in cases where the perpetrators are representatives of states or non-state actors that do not recognize the jurisdiction of international courts.
- Solutions: Strengthening international cooperation in the field of justice, supporting the activities of the International Criminal Court and other specialized tribunals, and developing national justice systems for the prosecution of war crimes.
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Prospects for the Development of International Humanitarian Law
1. Innovations in legal regulation
- Bottom line: IHL must constantly adapt to the new realities of armed conflict. This includes the development of new international treaties and protocols that take into account modern challenges and technologies.
- Example: Developing regulations governing the use of autonomous weapons systems and cyber weapons.
2. Strengthening education and awareness
- The bottom line: Raising awareness of IHL among the military, government officials, humanitarian workers and the general public is a key element in ensuring compliance.
- Example: Including IHL courses in the curricula of military academies and law schools, and conducting public awareness campaigns.
3. Expanding cooperation between international organizations
- Substance: International organizations, such as the UN, the International Committee of the Red Cross (ICRC) and others, should strengthen cooperation to effectively respond to humanitarian crises and ensure compliance with IHL.
- Example: Coordination of efforts in conducting humanitarian missions, monitoring compliance with IHL and jointly developing recommendations for participating states.
Conclusion.
International humanitarian law plays a critical role in protecting humanity during armed conflicts. Despite the numerous challenges faced by IHL in the modern world, the constant adaptation of norms, strengthening accountability for violations and expanding international cooperation are key steps to ensure the effective functioning of this system. Modern conflicts require innovative approaches and continuous work on improving legal mechanisms to guarantee the protection of those who are most in need of assistance and support.
