During the Second World War, shortcomings in the international regulation of human rights and freedoms were revealed. As is known, United Nations(UN) arose in response to the aggression and crimes against humanity committed by fascism during the war. This explains the special inclusion of the provision on the development and promotion of respect for human rights and fundamental freedoms among the goals of the UN.
The functions and powers of the United Nations in the field of human rights are extremely varied. Its structural divisions make recommendations, make decisions, convene international conferences, prepare draft conventions, conduct research, and provide advisory and technical assistance to individual countries. In a number of cases, they also exercise control functions over states’ compliance with obligations undertaken under the UN Charter and other international agreements.
The primary responsibility for fulfilling the functions of the UN to promote universal respect for and observance of fundamental human rights and freedoms lies with UN General Assembly and under her leadership Economic and Social Council (ECOSOC). Human rights issues are usually included on the agenda of the General Assembly based on relevant sections of the ECOSOC report and decisions taken by the General Assembly at previous sessions. Sometimes they are also proposed for discussion by other main organs of the UN, member states of the Organization and Secretary General.
Recommendations adopted by the General Assembly, both in the field of human rights and on other issues, according to the UN Charter, are not legally binding on UN member states. But, undoubtedly, resolutions voted for by all or the overwhelming majority of member states of the Organization may indicate the existence of certain principles and norms of international law that are binding on all states.
In 1946 ECOSOC established as its subsidiary body Human Rights Commission. Members of the Commission are elected for three years. The Commission meets in annual six-week sessions and makes its decisions by a majority vote of the members present and voting. Its functions since its creation have included preparing proposals and reports to the Council regarding the international Bill of Human Rights; international declarations and conventions on civil liberties, the status of women, freedom of information and other similar issues; protection of minorities; preventing discrimination on grounds of race, gender, language or religion; any other issues relating to human rights. The Commission carries out studies, makes recommendations, provides information and carries out other tasks assigned by ECOSOC. The preparation of major studies is usually entrusted to special rapporteurs. Completed studies serve as the basis for the Commission to make various types of decisions.
One of the commission's first assignments was to work with the International Bill of Human Rights. Let us recall that the Bill currently includes the following international agreements: the Universal Declaration of Human Rights; International Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political Rights; Optional Protocol to the International Covenant on Civil and Political Rights; Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at the abolition of the death penalty.
The main idea of the listed international documents is expressed by the following principle: “the ideal of a free human person, free from fear and want, can only be realized if conditions are created under which everyone can enjoy their economic, social and cultural rights, as well as their political rights."
The Covenant on Civil and Political Rights established the principle of international law that fundamental rights and freedoms must be respected in all situations, including periods of armed conflict. Some violations of human rights in connection with the introduction of a state of emergency or martial law are, in principle, permitted, but this should not lead to discrimination or violate fundamental human rights, which must be respected by all states of the world, regardless of whether they are parties to the Covenant. (Think about what rights should be respected regardless of the political situation in a state or region of the world.)
In 1976 it was created Human Rights Committee, consisting of 18 experts who are elected by member states from among their citizens and have “high moral character and recognized competence in the field of human rights.” One of the main functions of the Committee is to consider reports from participating States on the implementation of human rights on their territory, and participants provide both general information on the state of human rights and freedoms, and on the implementation of each specific right. The Committee studies the submitted reports and makes certain comments and recommendations. The participant must review them and may provide feedback on the comments made. A similar procedure can be carried out upon a statement by a state party about the failure of another state to fulfill its obligations.
It is obvious that human rights and freedoms, first of all, should be protected by the national judicial system, but sometimes it does not make a decision that is fair, from a citizen’s point of view. In this case, he can file a complaint with the Human Rights Committee. If the Committee finds the complaint admissible (i.e., it determines that the case has been exhausted in the courts of the offending State), this is reported to the State concerned, which has the opportunity to submit written explanations on the merits within six months, after which the author of the complaint can give feedback on the state’s clarifications. During its activity, the Committee examined hundreds of complaints and made appropriate recommendations on them. Most of them were accepted by states for execution. It is the analysis of individual communications that makes it possible to draw conclusions about the compliance of the laws, judicial and administrative practices of a particular state with the requirements of the Covenant. By implementing the Committee's decision and bringing its legislation into compliance with the Covenant, the state thereby creates conditions to ensure that such human rights violations do not occur in the future.
The UN has also created a number of other bodies to protect human rights, for example, women's rights and children's rights. Thus, UN bodies consider both general human rights issues and special ones, relating, in particular, to the protection of human rights during armed conflicts. The same bodies also discuss issues of responsibility for criminal violations of human rights.
However, at present, the activities of UN bodies in the field of human rights are still very imperfect: the established system of organizations is cumbersome, there is duplication in its work, and consideration of a number of issues is postponed from year to year. Since the activities of these organizations are sessional in nature, they are not able to take emergency measures in times of crisis. As a measure to resolve this situation, a position was created UN High Commissioner for Human Rights, and UN High Commissioner for Refugees, who would coordinate the practical work of the UN to protect human rights in peacetime and during periods of military conflicts.
Human rights activities are of great importance in European countries. All European organizations see the protection of human rights and the expansion of individual freedoms as an absolute priority. We can say that modern European civilization is based on the idea of independence and the value of the human person.
An influential European regional organization is Council of Europe. On November 4, 1950, in Rome, its members adopted the European Convention for the Protection of Human Rights and Fundamental Freedoms, which entered into force on September 3, 1953.
Based on this Convention, two bodies were established - European Commission of Human Rights And European Court of Human Rights, which are empowered to consider communications from states, individuals, non-governmental organizations and groups of individuals about violations of their rights by parties to the Convention. Individuals, non-governmental organizations and groups have the opportunity to submit petitions directly to the Court. In this regard, the European Commission of Human Rights was abolished, and the Court became the only body for the protection of human rights.
To hear cases, the Court establishes committees of three judges, chambers of seven judges and grand chambers of seventeen judges. Questions about the admissibility of complaints are decided by committees of three judges. This is due to the continuous increase in the number of complaints on which prompt decisions must be made. The cases themselves are decided by the chambers. The Grand Chambers discuss the most serious issues, as well as cases referred to them at the request of the parties to the dispute.
The decisions of the Court are binding on the participating States, and their implementation is monitored by Committee of Ministers of the Council of Europe. Thus, the created mechanism is, in fact, a supranational power.
Any country that now joins the Council of Europe must not only accede to the European Convention, but also make the necessary changes to its legislation arising from the case law created by the decisions of the Court of Human Rights.
Now that Russia has joined the Council of Europe and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms, Russian legislation and legal practice will need to be brought into line with European standards. This practice is prescribed by the Constitution of the Russian Federation (Article 15, paragraph 4).
The protection of human rights is given a significant place in our work Organization for Security and Cooperation in Europe(OSCE).
In the future, apparently, there will be a unification of the regional bodies existing in Europe into a single organization, which will include all the states of the continent. The political prerequisites for the integration of the whole of Europe are gradually maturing, which will inevitably lead to the formation of a single European legal space and the creation of uniform conditions for the effective protection of fundamental human rights and freedoms.
The dynamics of the development of international relations indicate that many problems that previously belonged to the internal competence of states have become subject to international regulation. One of the most controversial issues is the use of the death penalty.
The Universal Declaration and Covenants, while proclaiming the right of everyone to life, did not prohibit the death penalty. The Covenant prohibited the death penalty only for crimes committed by persons under eighteen years of age and its application to pregnant women.
Legal culture
Legal culture- the totality of legal knowledge, beliefs and attitudes of an individual, implemented in the process of work, communication, behavior, as well as attitudes towards the material and spiritual values of society.
Legal culture is a complex of ideas of a particular community of people about the law, its implementation, and the activities of government bodies and officials.
Legal culture in the broad sense of the word is a set of legal components in their real embodiment, a set of ideas of one or another community of people about the law, its implementation, and the activities of government bodies and officials.
Legal culture in the narrow sense of the word is a set of materialized ideas, feelings, perceptions as a conscious necessity and internal need for individual behavior in the field of law, based on legal consciousness.
Main characteristics of legal culture:
A set of values, principles and worldviews in the field of law, supported by professional legal knowledge;
The totality of public opinions, assessments of the content, operation of legal norms and the legal system as a whole;
The achieved level of accumulation, possession and use of legal information.
Legal culture includes those elements of social consciousness that are associated with legal institutions and the practice of their functioning, the formation of certain options for the legal behavior of people in society. Legal awareness is an internal, personal regulator of legally significant behavior, which can be characterized both positively and negatively. As a form or area of consciousness, legal consciousness reflects legal reality in the form of legal knowledge and evaluative attitudes towards the law and the practice of its implementation, legal attitudes and value orientations that regulate the behavior (activities) of people in legally significant situations.
Legal beliefs and attitudes should also be considered components of legal culture. Legal culture presupposes a certain level of legal thinking and sensory perception of legal reality; the qualitative state of the processes of lawmaking and implementation of law; specific methods of legal activity (the work of law enforcement agencies, constitutional control, etc.); the results of legal activity in the form of spiritual and material benefits created by people (laws, legislative systems, judicial practice).
To assess the legal culture, the following are of utmost importance: compliance with the rule of law (law-abidingness), elimination of abuses of power, guarantee of ensuring the legitimate interests and rights of citizens, competence, efficiency, ability to lead, etc.
The main criteria for the level of legal culture are:
Achieved social status;
Educational preparation;
Focus on legal values;
Socially active life goals;
Choice of motives and behavior options;
Sense of legality and justice;
Critical perception of negative social practices.
The problem is important legal nihilism, expressed in the devaluation of law and legality, ignoring laws or underestimating their regulatory, social role. Legal nihilism is a direction of socio-political life that denies the social and personal value of law and considers it the least perfect way to regulate social relations. Various forms of manifestation: from an indifferent, indifferent attitude towards the role and significance of law, through a skeptical attitude towards its potential capabilities, to complete disbelief in law, and a clearly negative attitude towards it.
At the same time, systematic substantive work is needed to improve the level of legal culture of all subjects of the law enforcement system. The immediate goal is lawful behavior, including the legal activity of citizens and the professional activity of lawyers and other civil servants in the process of exercising their competence in legally significant situations. The means of legal education include: legal propaganda, legal training, legal practice, self-education.
The volume and quality of knowledge, knowledge of the principles and norms of law are usually called legal awareness of the individual. The elementary, low and high levels of legal awareness of citizens (population) are distinguished. The traits of the first level are recognized as the assimilation of basically conflict-free rules of behavior that constitute the necessary conditions for communication and generally accepted social connections, implemented largely at the level of intuition. The second level is characterized by a relatively “free” orientation in changing legal situations on the basis of general principles and constantly implemented norms of law, the ability to comprehend the content of regulatory legal acts and, accordingly, navigate the choice of behavior. An indicator of the third level of legal awareness of an individual is considered to be a constant interest in law, the need to obtain and expand the quantity, deepen the quality of legal awareness, which is typical for professional lawyers.
Topic plan:
I. International humanitarian law
1.1 The concept of “international humanitarian law”
1.2 Principles of International Humanitarian Law
1.3 Basic provisions of international humanitarian law
II. International humanitarian law in times of armed conflict
2.1 Basic rules of international humanitarian law applicable during armed conflicts
III. System of international human rights protection
3.1 International human rights bodies
3.2 The main mechanisms used by international bodies monitoring the observance of human rights
International humanitarian law– a set of norms that define human rights and freedoms that are common to the international community. Establishing the obligations of states to consolidate, ensure and protect these rights and freedoms and providing individuals with legal opportunities for their implementation and protection.
📖 Sources of modern international humanitarian law.
📖 Universal Declaration of Human Rights 1948
📖 1966 International Covenant on Civil and Political Rights
📖 1966 International Covenant on Economic, Social and Cultural Rights
📖 1979 Convention on the Elimination of All Forms of Discrimination against Women
📖 1965 International Convention on the Elimination of All Forms of Racial Discrimination
📖 CIS Convention 1995 on Human Rights and Fundamental Freedoms
📖 Geneva Conventions of 1949 for the Protection of Victims of War
📖 Other multilateral and bilateral international acts, many of which have been ratified by the Russian Federation;
Principles of international humanitarian law.
🔻 Equality and self-determination of peoples
🔻 Sovereign equality of states
🔻 Respect for human rights
🔻 Non-interference in internal affairs
🔻 The duty of the state in all circumstances to resolve any disagreements by peaceful means
🔻 State responsibility for aggression and other international crimes (genocide, racial discrimination, apartheid)
🔻 International criminal responsibility of individuals
Basic provisions of International Humanitarian Law.
❗️ Protection of persons who have ceased to take part in the armed conflict: wounded, sick, shipwrecked, prisoners of war;
❗️ Providing protection to people who were not directly involved in hostilities: civilians, medical and religious personnel;
❗️ Providing protection to objects that are not used for military purposes: residential buildings, schools, places of worship;
❗️ Prohibition of the use of means and methods of warfare, the use of which does not distinguish between civilians and military persons and objects, and which cause significant damage to them;
Features of International Humanitarian Law (found in the Unified State Exam):
✔︎ applies only during armed conflicts;
✔︎ aims to protect the individual (as does human rights law);
✔︎ operates in a system of legal norms (as well as human rights law);
✔︎ international humanitarian law protects persons who are not or have ceased to participate in hostilities;
✔︎ the norms of international humanitarian law come into force with the outbreak of an armed conflict;
Basic rules of international humanitarian law applied during armed conflicts.
📝 Persons out of commission, as well as persons not taking part in hostilities, have the right to respect for their lives, as well as to physical and mental integrity;
📝 Captured combatants (combatants) and civilians must be protected from any acts of violence. The attack must be directed only at military targets;
📝 It is prohibited to kill or injure an enemy who has surrendered or stopped taking part in hostilities;
📝 The wounded and sick should be picked up and given medical care;
📝 Everyone has the right to basic judicial guarantees. No one may be subjected to physical or psychological torture;
📝 The right of the parties to the conflict and their armed forces to choose means and methods of warfare is limited. The use of weapons and methods of warfare that are likely to cause unnecessary destruction or unnecessary suffering is prohibited;
System of international human rights protection.
The main mechanisms used by international bodies monitoring the observance of human rights.
✔︎ consideration of complaints that are submitted to a committee or commission; the control body then makes a decision, expecting the relevant state to implement it, although no enforcement procedure exists for this;
✔︎ court cases. In the world, only three permanent courts are bodies monitoring the observance of human rights: 1. European Court of Human Rights(any person under the jurisdiction of a country that is a member of the Council of Europe can apply to it. Since 1998, its protection has extended to citizens of the Russian Federation); 2. Inter-American Court of Human Rights; 3. International Criminal Court(considers crimes against people);
✔︎ the procedure for the submission of reports by the states themselves, containing information on how human rights are respected at the national level; the reports are openly discussed, including by non-governmental organizations, which in parallel draw up their own alternative reports.
In 1945, the UN Charter was adopted, which declared as one of the goals of this organization the implementation of international cooperation in the humanitarian sphere, the promotion and development of respect for human rights and fundamental freedoms of all people without exception. This document was the main political and legal foundation for subsequent cooperation between sovereign states and peoples in the field of human rights and freedoms.
Another important document was the Universal Declaration of Human Rights of 1948. For the first time in human history, it was formulated and recommended for implementation in all countries fundamental human rights and freedoms, which are considered throughout the world as standards, models for relevant national legal documents (for example, sections of constitutions on the rights of citizens).
The creators of the Declaration, proclaiming a universal minimum of rights and freedoms, proceeded from their understanding of the level of development of human civilization as a whole. The Declaration is not a legally binding document and has the nature of a recommendation to all peoples and states of the world. Nevertheless, its practical significance is very great.
At a minimum, every person needs to be aware of the existence of the International Bill of Human Rights, which consists of the following documents:
1) the Universal Declaration of Human Rights that you know;
2) International Covenant on Economic, Social and Cultural Rights;
3) the International Covenant on Civil and Political Rights, as well as the Optional Protocol to the latter Covenant.
International legal protection of individual freedom also means judicial protection. When all domestic methods and institutions have been exhausted, a citizen has the right to appeal to international judicial bodies, for example, the European Court of Human Rights. Here is how, for example, the article of the Constitution of the Russian Federation states in relation to the described situation: “Everyone has the right, in accordance with international treaties of the Russian Federation, to apply to international bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted” (clause 3 of Article 46 ).
International protection of rights and freedoms is evolving, ensuring, in essence, humanity's right to evolution, even to survival. At the end of the 20th century, examples of the protection of some peoples from aggression, from discrimination, from violations of human rights and freedoms became increasingly numerous and impressive. The activities of international tribunals, UN bodies in this direction, applied international economic and other sanctions - all this has already become part of the international legal practice of protecting individual freedom
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International protection of human rights in peacetime and wartime
At the heart of international human rights agreements and conventions is the principle that certain fundamental rights and freedoms must be respected in all situations, including armed conflicts. An armed international conflict (war) refers to an armed confrontation between several states. A non-international armed conflict is a confrontation within one state between the government and anti-government forces (rebels). The state has the right to independently solve internal problems, including the use of force to restore law and order on its territory, and introduce a state of emergency.
Rules and customs of warfare Hague law (Hague conventions and treaties) Geneva law (Geneva Conventions) Means and methods of warfare Protection of victims of war (sick, wounded, shipwrecked, prisoners of war, civilians) From the beginning of hostilities, regardless of the reasons The emergence and nature of the conflict are governed by the rules of international humanitarian law, which are binding on all participants.
Prohibited Methods: treacherous killing or wounding of persons belonging to the civilian population or enemy troops; an order not to leave anyone alive, a threat to do so, or the conduct of hostilities on this basis; taking hostages, killing or wounding enemy soldiers who have laid down their arms; improper use of international emblems, signals, etc. terror against civilians; forcing enemy citizens to participate in hostilities against their country;
attacks on unprotected settlements, looting of populated areas; destruction of life support facilities for populated areas, attacks on structures containing forces (dams, nuclear power plants, etc.); attack on objects marked with the emblem of the Red Cross or Red Crescent; destruction of monuments and other cultural values. Methods Prohibited
Prohibited Asphyxiants, poisonous gases and liquids; bacteriological, toxin and chemical weapons, as well as weapons of indiscriminate action; explosive paths that unfold in the human body and other means of destruction, which, when injured, increase the suffering of people; booby traps and devices that are similar in appearance to children's toys and other harmless objects; weapons that produce fragments that cannot be detected in the human body by X-rays; incendiary weapon.
UN specialized agencies related to ensuring and protecting human rights International Labor Organization (ensuring and protecting the right to work); United Nations Educational, Scientific and Cultural Organization (UNESCO) (ensuring and protecting the right to education and cultural rights); World Health Organization (ensuring and protecting the right to health, including the problem of HIV/AIDS); Food and Agriculture Organization of the United Nations (fight against hunger); United Nations Children's Fund (UNICEF) (protection of children's rights); Office of the United Nations High Commissioner for Refugees (ensuring and protecting the rights of refugees and displaced persons); International Criminal Court (investigation and punishment of war crimes against humanity); International Criminal Tribunals for Rwanda, the former Yugoslavia, etc.
Ensuring and protecting human rights and freedoms in peacetime and wartime is carried out by state governments, regional and global official and non-governmental organizations. The United Nations (UN), created after World War II, plays a significant role in the protection of human rights and freedoms, which adopted the Universal Declaration of Human Rights, other human rights documents, and the Convention on the Rights of the Child. The UN and organizations operating under its auspices strive for the realization of human rights and freedoms and protect them in peacetime and wartime.
UN Security Council UN General Assembly High Commissioner for Human Rights (coordinates the protection of human rights throughout the UN system) Economic and Social Council
UN General Assembly Human Rights Council Committee against Torture Committee on the Elimination of Racial Discrimination Committee for the Protection of the Rights of Migrant Workers
Committee on the Elimination of Discrimination against Women Economic and Social Council Committee on Economic, Social and Cultural Rights Committee on Human Rights Committee on the Rights of the Child
Economic and Social Council Commission on Sustainable Development Commission on the Status of Women Commission on Population and Development Commission on Crime Prevention and Criminal Justice Commission for Social Development Special Rapporteur for Monitoring the Implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities Permanent Forum on Indigenous Issues
The decision to create the International Criminal Court and the adoption of its status is the beginning of a qualitatively new stage in the development of interstate relations and international law. For the first time since the Nuremberg trials of Nazi criminals, the international community has decided to create a permanent highest court that can pass judgment on all those guilty of war crimes and crimes against humanity, regardless of their official position.
International crimes Actions aimed at starting or waging a war of aggression Crimes against humanity War crimes
The Statute of the International Criminal Court includes over 50 different violations of the Geneva Conventions of 1949, as well as other laws and customs of war, as war crimes. War crimes and crimes against humanity are not subject to statute of limitations. Responsibility arises regardless of the place and time of their commission. Any state is obliged to treat such persons as criminals. If the individual who committed an international crime acted on behalf of the state, the state itself may be brought to international legal responsibility.
In Europe, in addition to the Human Rights Convention, the European Social Charter, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the European Charter for Regional or Minority Languages have been adopted. Convention for the Protection of National Minorities, etc. To implement these documents, the European Committee of Social Rights, the Committee for the Prevention of Torture, and the European Commission against Racism and Intolerance operate.
On November 4, 1950, the European Convention on Human Rights was signed in Rome (Russia ratified the Convention in 1998). The Convention ensures the implementation of civil and political human rights. Among other rights, the right of individual appeal to the European Court of Human Rights is established. A court of ten judges (on rare occasions a Grand Chamber of 21 judges convenes), including a judge representing the country whose case is pending before the Court, determines whether the Convention has been violated. If the application is accepted, the Court seeks a peaceful resolution of the case (for example, an article of legislation is changed, the applicant is awarded compensation).
the applicant has exhausted all possibilities of protection of rights in his state; the applicant is a victim of a violation by the State; the applicant applied to the European Court in the prescribed form no later than six months from the date of the final decision on the case by the national authorities; the rights enshrined in the European Convention have been violated; the violation of rights occurred after the date of ratification of the Convention by the state. Conditions for the European Court to accept a case for consideration
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What are human rights? 1) According to natural law theory, these are rights inherent in human nature itself, without which it cannot exist as a biosocio-spiritual being. Human rights belong to him from birth, by virtue of the laws of nature, and do not depend on their recognition by the state. The state can only consolidate, guarantee or limit them. 2) Supporters of the positivist concept of human rights believe that rights and freedoms are established by the will of the state and are derived from it. It is the state that determines the list and content of rights that it grants to its citizens. Human rights are normatively formalized (i.e. presented in the form of clearly defined norms) features of a person’s existence that express her freedom and are a necessary condition for her life, her relationships with other people, with society, and the state.
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International documents The foundation of the existing system of human rights and freedoms is the International Bill of Human Rights (Charter of Human Rights) = Universal Declaration of Human Rights (December 10, 1948) + International Covenant on Economic, Social and Cultural Rights (1966) + International Covenant on Civil and Political Rights Rights (1966) + optional Protocol to the latter Covenant (1966) + second additional Protocol aimed at the abolition of the death penalty (1989).
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Protection of human rights Today there are three systems for the protection of human rights in Europe: the UN system, based on the Charter of Human Rights and other UN documents. The system of the Conference on Security and Cooperation in Europe (CSCE). The system of the Council of Europe (CoE).
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UN System In 1946, the UN Economic and Social Council (ECOSOC), which operates under the leadership of the General Assembly, established the UN Commission on Human Rights as a subsidiary body. Every year, not only 53 member states, but also over 100 observer states gather at the Commission's session. In 1976, the UN created the Human Rights Committee, consisting of 18 experts.
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The CSCE system The CSCE Final Act, signed in Helsinki (1975), contributed to the emergence of a social movement of human rights defenders => Organization for Security and Cooperation in Europe (OSCE). Unlike the Council of Europe, the OSCE does not have an established mechanism for considering individual complaints.
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System of the Council of Europe Its leading document was the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), as well as additional protocols to the Convention, which included the entire list of civil and political rights and some socio-economic rights. To monitor their implementation, special mechanisms have been created - the European Commission and the European Court of Human Rights in Strasbourg.
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International crimes and offenses Types of international crimes: actions aimed at starting or waging an aggressive war; war crimes (murder and torture of civilians in occupied territories, hostages, prisoners of war, senseless destruction of populated areas); crimes against humanity.
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International humanitarian law The founder of the science of international law, Hugo Grotius, in his book “On the Law of War” (1625), proceeded from the fact that every state has the right to wage wars, which he divided into just and unjust. He believed that in any war, violence must have its limits and is allowed only to achieve victory, while the lives of the civilian population must be protected.
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International humanitarian law is a set of rules, both treaty and customary, that are intended to resolve humanitarian problems that are a direct consequence of armed conflicts - international or internal, and limit, for humanitarian reasons, the right of the parties to the conflict to choose at their own discretion the methods and means of conducting hostilities , and also provide protection to persons and property that have suffered or may be harmed as a result of the conflict.
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Combatants are all organized armed forces, groups and units under the command of a person responsible for the conduct of his subordinates. Combatants are allowed to use force, take an enemy prisoner, and kill an armed enemy. Once in the hands of the enemy, they become prisoners of war.
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Combatants include personnel of the regular armed forces; irregular forces - partisans, personnel of militias and volunteer units; crews of merchant ships and crews of civil aircraft of the warring parties, if they are converted into military ones; fighters participating in wars of national liberation fighting against colonialism , racism and foreign domination; the population of an unoccupied territory, which, when the enemy approaches, takes up arms to fight the invading troops, without having time to form into regular troops (if they openly bear arms and comply with the laws and customs of war).
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Mercenaries are persons who, for payment, engage in armed struggle in defense of illegal (colonial, racist and other similar) regimes. Mercenaries are not protected by international law and are punished as criminals. Unlike volunteers, mercenaries are not included in the armed forces and cannot be considered legal combatants. The UN has created a special committee to develop a convention against the recruitment, use, financing and training of mercenaries, in which these actions should be considered an international crime.
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Sources of international humanitarian law Geneva Conventions of 1949: “For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field” (Convention I); “On the improvement of the lot of wounded, sick and shipwrecked members of the armed forces at sea” (Convention II); "Concerning the Treatment of Prisoners of War" (Convention III); “On the Protection of Civilian Persons” (Convention IV). Geneva Conventions of 1948: against the crimes of genocide; Refugee Convention Additional Protocols 1977: Additional Protocol I (new rules governing international armed conflicts); Additional Protocol II (rules governing non-international armed conflicts).
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Sources of international humanitarian law 1954 Convention for the Protection of Cultural Property. 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological Weapons. 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Means. 1980 Convention. on the prohibition or restriction of the use of specific types of conventional weapons that may be considered to cause excessive injury or have an indiscriminate effect. The Universal Declaration of Human Rights (1948), the most important provisions of which were developed in relation to wartime.
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Basic rules of international humanitarian law Persons out of combat, as well as persons who do not directly take part in hostilities (civilians), have the right to respect for their lives, as well as to physical and mental integrity. Captured participants in hostilities (so-called combatants) and civilians must be protected from any acts of violence. Parties to a conflict must always distinguish between civilians and combatants so as to spare civilians and civilian objects. The attack must be directed only against military objectives. It is prohibited to kill or injure an enemy who has surrendered or ceased to take part in hostilities.
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Basic rules of international humanitarian law The wounded and sick should be identified and provided with medical care. Everyone has the right to basic judicial guarantees. No one may be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment. The right of the parties to the conflict and their armed forces to choose the means and methods of warfare is limited. The use of weapons and methods of warfare that are likely to cause unnecessary destruction or unnecessary suffering is prohibited.
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