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Examples of international human rights protection. International law (international protection of human rights in peacetime and wartime)

International law - a special system of legal norms governing international relations arising between the states created by them international organizations and other entities international relations when establishing the mutual rights and obligations of the parties. Functions of international law: stabilizing function; regulatory function; protective function.

The basic principles of international law are enshrined in the UN Charter:sovereign equality states; non-use of force and threat of force; inviolability of state borders; peaceful resolution of international disputes; non-interference in internal affairs; universal respect for human rights; self-determination of peoples and nations; international cooperation; conscientious fulfillment international obligations. Sources of international law: international treaty, international legal custom, acts international conferences and meetings, resolutions of international organizations. Types of international documents: international conventions (treaties between states whose legislation contains norms binding on the international community); declaration (a document whose provisions are not strictly binding); pact (one of the names of an international treaty).

Subjects of international law: states; nations and peoples fighting for independence; international organizations(intergovernmental - UN, UNESCO, ILO; non-governmental - Red Cross and Red Crescent Society, Greenpeace).

International organizations, ensuring joint actions of countries in defense of human rights:

1. United Nations (1945). The founding document of the UN - the UN Charter - is a universal international treaty and establishes the foundations of the modern international legal order. UN pursues goals: maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression; develop friendly relations between states based on respect for the principle of equality and self-determination of peoples; carry out international cooperation in resolving international problems economic, social, cultural and humanitarian character and in promoting respect for human rights, and others.

UN bodies:General Assembly; Security Council plays a major role in maintaining international peace and security; Economic And Social Council (ECOSOC) is authorized to undertake research and compile reports on international issues in the field of economics, social sphere, culture, education, health and other issues; UN Trusteeship Council promotes the progress of the population of the Trust Territories and their gradual development towards self-government or independence; International Court of Justice; UN Secretariat.

The specialized UN human rights bodies include: UN High Commissioner for Refugees, UN High Commissioner for the Promotion and Protection of All Human Rights, Commission on Human Rights, Council of Europe. Established under the Council of Europe European Commission of Human Rights And European Court of Human Rights. In some states, individual rights against arbitrariness government agencies protects ombudsman- special official. Established in Russia post of Commissioner for Human Rights, not related to any branch of government.

Types of international offenses: international crimes, crimes international character, other international offenses (torts).

Types of state responsibility:

1) Material liability: restitution (compensation in kind by the offender for the material damage caused); reparation (compensation for material damage caused by an offense, money, goods, services).

2) Non-financial liability expressed in the form restaurants(restoration by the offender of his previous state and bearing all the adverse consequences of this), satisfaction(satisfaction by the offender of non-material requirements, compensation for non-material (moral) damage), restrictions on sovereignty And declarative decisions.

Types of international crimes: crimes against peace, war crimes, crimes against humanity.

One of the forms of coercion in international law is international legal sanctions(coercive measures of both armed and unarmed nature, applied by subjects of international law in the established procedural form in response to an offense in order to suppress it, restore violated rights and ensure the responsibility of the offender). Types of sanctions: retortion(for example, establishing restrictions on the import of goods from the violating state; increasing customs duties on goods from this state; introducing a system of quotas and licenses for trade with this state), reprisals(embargo, boycott, denunciation), severance or suspension of diplomatic or consular relations, self-defense; suspension of rights and privileges arising from membership in an international organization, exclusion of the offender from international communication, collective armed measures to maintain international peace and security.

International humanitarian law– a set of norms that define human rights and freedoms that are common to the international community, establish the obligations of states to consolidate, ensure and protect these rights and freedoms and provide individuals with legal opportunities for their implementation and protection.

Sources of international humanitarian law: Universal Declaration of Human Rights, Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions for the Protection of Victims of War, Convention on the Political Rights of Women, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, International Covenant on civil and political rights, the Convention on the Rights of the Child and others.

International bodies monitoring the observance of human rights: European Court of Human Rights; Inter-American Court of Human Rights; International Criminal Court (considers crimes against humanity).

A) Humanitarian law in peacetime

* Considerable attention in international humanitarian law is paid to foreigners. Foreign citizen is a person who does not have citizenship of the host country, but has proof of citizenship of another state. Should be distinguished from foreigners stateless people, i.e. stateless persons. Distinguish three types legal regime foreigners: national treatment, special treatment and most favored nation treatment.

* The right to provide asylum to persons persecuted for political, national, racial, religious or ethnic reasons. Distinguish territorial And diplomatic shelter.

* Rights and freedoms refugees And forced migrants regulated by international humanitarian law. Refugees have the right to property, copyright and industrial rights, the right to association, the right to go to court, the right to engage in business and work for hire and other rights.

B) Humanitarian law in times of armed conflict

The main directions of international cooperation in the field of armed conflicts: prevention of armed conflicts; legal status states participating and not participating in the conflict; limitation of means and methods of warfare; protection of human rights during armed conflicts; ensuring liability for violations of international law. Basic rules of international humanitarian law applied during armed conflicts:

– Persons out of action, 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 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 should only be directed against military targets.

– It is prohibited to kill or injure an enemy who has surrendered or ceased to take part in hostilities.

– The wounded and sick should be selected and given health care.

– Everyone has the right to basic judicial guarantees. No one shall be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment.

International law limits the means and methods of warfare. The following are completely prohibited means of warfare: explosive and incendiary bullets; bullets that unfold or flatten into human body; poisons and poisoned weapons; asphyxiating, poisonous and other gases, liquids and processes; biological weapons; means of influencing the natural environment that have broad long-term consequences as methods of destruction, damage or harm to another state; damage from fragments that cannot be detected in the human body by X-rays; mines, booby traps and others.

The following are prohibited methods of warfare: treacherously kill or injure civilians or the enemy; kill or wound an enemy who has surrendered and laid down his arms; announce to the defender that in case of resistance there will be no mercy for anyone; It is illegal to use the parliamentary flag or the flag of a state not participating in the war, the flag or signs of the Red Cross, etc.; to force citizens of the enemy side to participate in military actions against their state; genocide during the war, etc.


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The principle of respect for human rights and fundamental freedoms is enshrined in the preamble, Art. 1 and 55 of the UN Charter. So, for example, in Art. 1 of the Charter as the goal of the members of the Organization states cooperation between them “to promote and develop respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.” According to Art. 55 of the Charter “The United Nations shall promote: a) improved standards of living, full employment and conditions of economic and social progress and development... c) universal respect for and observance of human rights and fundamental freedoms for all.”

These are most complete general provisions The UN Charter was fleshed out in the 1948 Universal Declaration of Human Rights and two covenants adopted in 1966: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

On December 10, 1948, the UN General Assembly adopted the Universal Declaration of Human Rights. It is difficult to overestimate the significance of this document. For the first time in international practice, the Declaration reflected the idea of ​​the inextricable connection and interdependence of the entire complex of fundamental rights and freedoms. This provision was further developed in the resolution General Assembly UN December 4, 1986: “All human rights and fundamental freedoms are indivisible and interdependent; and the development and protection of one category of rights cannot serve as a pretext or justification for exempting States from the development and protection of other rights.” Today, the Universal Declaration of Human Rights is the main international code of conduct in the field of legal status person and citizen. And although the Declaration does not create legal obligations for states, it nevertheless has a serious impact on the regulation of relations between states, since all international treaties are currently being developed and concluded on the basis of its provisions.

It took more than twenty years for the creation and adoption by the UN General Assembly of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. They were adopted in 1966 and entered into force in 1976. An Optional Protocol was adopted to the Second Covenant, which provided for a mechanism for examining complaints from individuals.

These three documents together make up the International Bill of Human Rights.

Currently, the international code defining human rights includes about seventy fundamental international treaties and declarations. These include the above-mentioned International Bill of Human Rights, as well as the international legal documents adopted on its basis on the self-determination of peoples, on the prevention of discrimination, genocide, apartheid, slavery, on the right to citizenship, on the right to asylum, on the rights of refugees, on freedom of information, freedom of association, marriage and family, rights of children and youth, social progress, welfare and development, etc. These acts also include a number of agreements concerning the legal status of certain categories of citizens: women, children, disabled people, mentally retarded persons, refugees, stateless persons (a person who is not considered a citizen of any state by virtue of the law of that state), etc. All of them complement and specify mechanisms for the implementation of international agreements.

International norms and standards in the field of the legal status of man and citizen are established through agreements between states, but do not directly create human rights and freedoms. These norms are binding only for states and between states. The implementation and implementation of these norms and standards is the duty and responsibility of the states parties to international human rights treaties, in the event of ratification of which, they (the states) undertake to bring their national legislation into compliance with mandatory norms. International protection of the legal status of a person and citizen, carried out by international legal means, based on the generally recognized principle of respect for human rights, serves, although an important, but still an auxiliary measure.

However, there is also a certain set of institutions that provide such protection in practice: the International Criminal Court, the European Court of Human Rights, the UN Human Rights Committee, etc.

Considering the European region, it is worth paying special attention to the activities of the largest European interstate organization - the Council of Europe. One of the goals of this organization is: protection of human rights, pluralistic democracy and the rule of law Council of Europe: Activities and results. Publication of the Public Relations Service. 1998..

Today, 44 states are members of the Council of Europe (all European states excluding Vatican City, Belarus, Monaco and former Yugoslavia). The main instrument for the implementation of the European Convention on Human Rights is the European Court of Human Rights, which will be discussed further.

The European Court of Human Rights, according to the Convention, consists of judges equal to the number of states that have signed the Convention. There are no restrictions on the number of judges of the same nationality. The court operates in Strasbourg, France on a permanent basis. Now there are judges sitting in it - from 41 countries, Armenia, Azerbaijan and Bosnia have not yet sent judges.

Judges are elected by the Parliamentary Assembly of the Council of Europe (PACE) from a list (each country sends a list of three candidates). The candidate from each country is selected by a majority. Judges are elected by the Parliamentary Assembly of the Council of Europe for a term of six years. Since at the beginning of the Court's operation half of the judges ceased to serve after a term of three years, now every three years half of the Court's composition is renewed. Judges on the Court perform their duties individually and do not represent any state. They cannot be involved in activities that might affect their independence. The term of office of judges also ends when they reach the age of seventy years. The General Assembly of the Court elects from among its members the President, two Vice-Presidents and two Presidents of sections of the Court for a period of three years. Rules of the European Court of Human Rights of November 4, 1998.

Any of the signatory states, as well as an individual applicant, may be a plaintiff in a case alleging a violation of any of the rights guaranteed by the Convention by any of the signatory states. Special forms, as well as instructions for completing them, can be obtained from the Registry of the Court in Strasbourg.

Moreover, before a complaint is filed with the Court, strict compliance with several indispensable conditions is necessary.

Firstly, the subject of the complaint can only be rights guaranteed by the Convention or its Protocols. The list of these rights is quite wide, but it lacks some rights known to the latest constitutional legislation. These rights are enshrined in another Council of Europe Convention, the European Social Charter, but the jurisdiction of the European Court is based exclusively on the Convention for the Protection of Human Rights and Fundamental Freedoms.

Secondly, a complaint can only come from the victim himself. Even when a complaint is filed by an association of individuals, everyone must prove their specific personal claims.

Third, the complaint must be filed no later than six months after the final consideration of the matter by the competent government agency.

Fourthly, complaints can only be made about those violations that occurred after the date of ratification of the Convention by the state.

Fifthly, in order for a complaint to be considered admissible on its merits, the applicant must exhaust all domestic means of protecting his rights, and, above all, judicial means of such protection.

The procedure for considering cases in the new European Court of Human Rights is open and transparent. Hearings are held in public unless one of the Chambers of the Court, due to exceptional circumstances, decides otherwise. The Court's decisions, as well as other documents related to the consideration of the case, are open to the public.

Individual applicants may file a claim on their own, but having an official representative is recommended and even required for the hearing. The Council of Europe has established a special assistance scheme for applicants without necessary funds to ensure the presence of an official representative.

The official languages ​​of the Court are English and French, however, the application may be submitted in any of the official languages ​​of the countries that have signed the Convention. Further, after the claim is accepted for consideration, it must be used official language Court, unless the President of one of the Chambers approves the use of the language in which the claim was filed.

Within three months after the announcement of the decision, either party may request consideration of the case by the Grand Chamber. Such demands are considered by a commission of five judges consisting of: the President of the Court, the Presidents of the Sections, with the exception of the President of the section that participated in the decision on the case, and other judges selected by rotation from judges who are not members of the Chamber.

The decisions of the Chamber become final after the expiration of a period of three months, or sooner if the parties have declared that they do not intend to seek reconsideration, or after the request has been rejected by the above-mentioned Commission.

If the Commission accepts the case for review, the Grand Chamber makes a decision on the case by a majority vote, and this decision is final. The final decisions of the court are binding on the respondent State in the case. Although there is no mechanism that would force states to implement the decisions of the Court, there has been only one precedent for refusing to implement the decision of the European Court in all the years of its existence: to resolve the situation on the island of Cyprus.

The Committee of Ministers of the Council of Europe is responsible for monitoring the implementation of the Court's decision. The Committee of Ministers is also responsible for monitoring the adequacy of the measures taken by the State in pursuance of the decisions of the Court.

In accordance with the Constitution Russian Federation, everyone has the right, in accordance with international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted. Constitution of the Russian Federation. Art. 46, part 3.

Ratification Federal Assembly The European Convention for the Protection of Human Rights and Fundamental Freedoms provided all residents of Russia with the opportunity to apply for protection of their rights to the European Commission of Human Rights, as well as to the European Court of Human Rights.

As of February 9, 2004, 8,199 applications from the Russian Federation (from citizens of the Russian Federation, as well as from foreign citizens appealing against the actions of the Russian authorities) had passed through the European Court. These statements have been received since the Convention entered into force for the Russian Federation (05/05/1998). Of this number of applications, 2,181 dossiers are already in progress, ready for decision. 45 applications were sent with a request to the Government of the Russian Federation, the Russian authorities, 3 complaints were considered acceptable and preliminary dossiers were opened for 3158 complaints, on which correspondence between the applicants is being conducted. That is, we can assume a significant increase in decisions on the Russian Federation in 2005-2006 Internet conference of the Council of Europe and the European Court of Human Rights “European standards for the protection of human rights. Ensuring access in the Russian Federation."

At the same time, the incompleteness of judicial reform in the Russian Federation and the poor functioning of the courts may lead to violations of Art. 6 of the Convention, which guarantees the right to a fair trial within a reasonable time. Based on the practice of the European Court of Human Rights, in which about 50% of cases considered are related to violation of reasonable deadlines judicial trial, it may become common practice for the European Court to rule on Russia's violation of the provisions of the Convention in this area.

Human rights are rights that are objective in their essence, inalienable, natural, belonging to man as such, since he is a man, that is, by virtue of his very human nature. Hegel, for example, noted that man as such has the right to freedom.

Human rights represent certain social claims, measures of socially justified freedom of human behavior, which develop along with the development of society and the socialization of man.

Human rights are directly social: they are fixed and exist outside of any external forms of social mediation. There is a direct connection between the phenomenon of human rights and the idea of ​​natural law, which is based on the objective existence of the initial, socially justified and socially necessary conditions (rights and freedoms) of human life. At the same time, within the framework of the ideas of natural law and human rights, it is also justified to raise the question of the natural, direct social responsibilities of man to society (Article 29 of the Universal Declaration of Human Rights).

Human rights are a type of direct social rights, if we also keep in mind the existence of direct social rights of social communities (peoples, nations, various associations, etc.). Although the direct social rights of collectives can be regarded as a form of expression and a means of exercising the human rights of the individual. And in this capacity, as Prof. rightly notes. Lukashev, the direct social rights of collectives must be tested by the “human dimension,” that is, the rights of the individual.

Despite the possibility of ascertaining and recording human rights as such, as objectively existing phenomena, the mechanism for their implementation, the mechanism for reaching the behavioral level is quite complex. The scope of human rights and their implementation depend on the state of society, the level of its development and the nature of the organization, on the extent to which human rights have been mastered public consciousness. The effectiveness of the implementation of human rights also depends on their regulatory design, inclusion in one form or another (as customary norms, moral norms, legal norms, etc.) into the system of normative regulation of society.



In connection with the process of development of human rights and the progress of society as a whole, several generations of human rights are distinguished.

The first generation - human rights, ensuring individual freedom, protection from any interference in the exercise of the rights of a member of society and political rights: freedom of speech, conscience and religion; the right to life, liberty and security; equality before the law; right to justice, etc.

Second generation - social, economic and cultural rights:

the right to work and free choice of work; right to social security;

right to rest; right to education, etc.

Third generation - collective rights (began to take shape after the Second World War): the right to peace, to a healthy environment, nuclear safety, etc.

With everything modern diversity human rights and the differences in theoretical approaches to this problem, we can identify the initial, fundamental human rights, which form the basis of the entire complex of human rights: the right to life, the right to freedom, the right to equality (the initial, “starting” equality of people). These fundamental human rights as the starting principles are enshrined in the Universal Declaration of Human Rights, adopted by the UN on December 10, 1948, which is a non-state document that, for the first time in human history, extended human rights to all people on the planet. From that moment on, human rights and freedoms ceased to be only internal matter states.

In addition to the above-mentioned Declaration, the International Covenant on Civil and Political Rights (1966) and the International Covenant on Economic, Social and Cultural Rights (1966) were adopted. Optional Protocol to the International Covenant on Civil and Political Rights (1966). On the basis of these documents, a person became a subject of international law. These international legal acts take precedence over the domestic legislation of the participating countries, and their citizen has the right to appeal to the UN Human Rights Committee if he has exhausted all available domestic remedies (a similar provision is contained in Article 46 of the Constitution of the Russian Federation).

On December 20, 1993, the UN established the post of High Commissioner for Human Rights, who is appointed Secretary General The UN is its deputy.

Along with UN bodies, it operates European system protection of human rights, created on the basis of the European Convention for the Protection of Human Rights and Fundamental Freedoms (entered into force on September 3, 1953), - the European Commission of Human Rights and the European Court of Human Rights. The decision made by the European Court on an individual complaint is binding, final and not subject to appeal.

In November 1991, Russia adopted the Declaration of Rights and Freedoms of Man and Citizen, which became an organic part (Chapter 2) of the 1993 Constitution of the Russian Federation.

The state is obliged to recognize, respect and protect human and civil rights. The mechanisms of domestic law have vital importance for the implementation of human rights. On March 4, 1997, the Federal Constitutional Law “On the Commissioner for Human Rights in the Russian Federation” was officially published and came into force.

Human rights were first legislated in 1776 in the Constitution of the American state of Virginia, and then in the Bill of Rights of 1791, which was 10 amendments to the US Constitution of 1781. In 1789, the Declaration of the Rights of Man and Citizen was adopted in France .

Earlier contributions to the development of human rights were made by the English Magna Carta (1215), the Petition of Right (1628), the Habeas Corpus Act (1679), and the Bill of Rights (1689).

Social science. A complete course of preparation for the Unified State Exam Shemakhanova Irina Albertovna

5.13. International law (international protection of human rights in peacetime and wartime)

International law – a special system of legal norms regulating international relations arising between states, international organizations created by them and other subjects of international relations when establishing mutual rights and obligations of the parties. Functions of international law: stabilizing function; regulatory function; protective function.

The basic principles of international law are enshrined in the UN Charter: sovereign equality of states; non-use of force and threat of force; inviolability of state borders; peaceful resolution of international disputes; non-interference in internal affairs; universal respect for human rights; self-determination of peoples and nations; international cooperation; conscientious fulfillment of international obligations. Sources of international law: international treaty, international legal custom, acts of international conferences and meetings, resolutions of international organizations. Types of international documents: international conventions (treaties between states whose legislation contains norms binding on the international community); declaration (a document whose provisions are not strictly binding); pact (one of the names of an international treaty).

Subjects of international law: states; nations and peoples fighting for independence; international organizations(intergovernmental - UN, UNESCO, ILO; non-governmental - Red Cross and Red Crescent Society, Greenpeace).

International organizations , ensuring joint actions of countries in defense of human rights:

1. United Nations (1945). The founding document of the UN - the UN Charter - is a universal international treaty and establishes the foundations of the modern international legal order. UN pursues goals: maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression; develop friendly relations between states based on respect for the principle of equality and self-determination of peoples; carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in promoting respect for human rights, and others.

UN bodies: General Assembly; Security Council plays a major role in maintaining international peace and security; Economic And Social Council (ECOSOC) is authorized to undertake research and compile reports on international issues in the field of economics, social sphere, culture, education, health and other issues; UN Trusteeship Council promotes the progress of the population of the Trust Territories and their gradual development towards self-government or independence; International Court of Justice; UN Secretariat.

The specialized UN human rights bodies include: UN High Commissioner for Refugees, UN High Commissioner for the Promotion and Protection of All Human Rights, Commission on Human Rights, Council of Europe. Established under the Council of Europe European Commission of Human Rights And European Court of Human Rights. In some states, individual rights are protected from the arbitrariness of state institutions. ombudsman- special official. Established in Russia post of Commissioner for Human Rights, not related to any branch of government.

Types of international offenses: international crimes, crimes of an international nature, other international offenses (delicts).

Types of state responsibility:

1) Material liability: restitution (compensation in kind by the offender for the material damage caused); reparation (compensation for material damage caused by an offense, money, goods, services).

2) Non-financial liability expressed in the form restaurants(restoration by the offender of his previous state and bearing all the adverse consequences of this), satisfaction(satisfaction by the offender of non-material requirements, compensation for non-material (moral) damage), restrictions on sovereignty And declarative decisions.

Types of international crimes: crimes against peace, war crimes, crimes against humanity.

One of the forms of coercion in international law is international legal sanctions(coercive measures of both armed and unarmed nature, applied by subjects of international law in the established procedural form in response to an offense in order to suppress it, restore violated rights and ensure the responsibility of the offender). Types of sanctions: retortion(for example, establishing restrictions on the import of goods from the violating state; increasing customs duties on goods from this state; introducing a system of quotas and licenses for trade with this state), reprisals(embargo, boycott, denunciation), severance or suspension of diplomatic or consular relations, self-defense; suspension of rights and privileges arising from membership in an international organization, exclusion of the offender from international communication, collective armed measures to maintain international peace and security.

International humanitarian law – a set of norms that define human rights and freedoms that are common to the international community, establish the obligations of states to consolidate, ensure and protect these rights and freedoms and provide individuals with legal opportunities for their implementation and protection.

Sources of international humanitarian law: Universal Declaration of Human Rights, Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions for the Protection of Victims of War, Convention on the Political Rights of Women, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, International Covenant on civil and political rights, the Convention on the Rights of the Child and others.

International bodies monitoring human rights: European Court of Human Rights; Inter-American Court of Human Rights; International Criminal Court (considers crimes against humanity).

A) Humanitarian law in peacetime

* Considerable attention in international humanitarian law is paid to foreigners. Foreign citizen is a person who does not have citizenship of the host country, but has proof of citizenship of another state. Should be distinguished from foreigners stateless people, i.e. stateless persons. Distinguish three types of legal regime for foreigners: national treatment, special treatment and most favored nation treatment.

* The right to provide asylum to persons persecuted for political, national, racial, religious or ethnic reasons. Distinguish territorial And diplomatic shelter.

* Rights and freedoms refugees And forced migrants regulated by international humanitarian law. Refugees have the right to property, copyright and industrial rights, the right to association, the right to go to court, the right to engage in business and work for hire and other rights.

B) Humanitarian law in times of armed conflict

The main directions of international cooperation in the field of armed conflicts: prevention of armed conflicts; the legal status of the states participating and not participating in the conflict; limitation of means and methods of warfare; protection of human rights during armed conflicts; ensuring liability for violations of international law. Basic rules of international humanitarian law applied during armed conflicts:

– Persons out of action, 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 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 should only be directed against military targets.

– It is prohibited to kill or injure an enemy who has surrendered or ceased to take 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 shall be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment.

International law limits the means and methods of warfare. The following are completely prohibited means of warfare: explosive and incendiary bullets; bullets that unfold or flatten in the human body; poisons and poisoned weapons; asphyxiating, poisonous and other gases, liquids and processes; biological weapons; means of influencing the natural environment that have broad long-term consequences as methods of destruction, damage or harm to another state; damage from fragments that cannot be detected in the human body by X-rays; mines, booby traps and others.

The following are prohibited methods of warfare: treacherously kill or injure civilians or the enemy; kill or wound an enemy who has surrendered and laid down his arms; announce to the defender that in case of resistance there will be no mercy for anyone; It is illegal to use the parliamentary flag or the flag of a state not participating in the war, the flag or signs of the Red Cross, etc.; to force citizens of the enemy side to participate in military actions against their state; genocide during the war, etc.

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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 Last Covenant (1966) + Second Additional Protocol aimed at abolishing 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 regular armed forces; irregular forces - partisans, militia personnel and volunteer units; crews of merchant ships and civil aircraft crews 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 carry weapons 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 improving the fate of the wounded, sick, shipwrecked, from 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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