El uso de drones en seguridad y defensa: impactos y retos para el cumplimiento del DIH y la protección de los derechos humanos

Problem setting. The current state of affairs in society requires increased attention to the protection of human and citizen rights and freedoms. Martial law, as a legal regime, causes significant changes in the functioning of state institutions and society in general, endangering the basic rights and freedoms of citizens. Under such circumstances, it is especially important to develop and implement innovative approaches to ensuring the protection of human rights, which would take into account the specifics of the state of war and, at the same time, act as guarantors of compliance with the basic principles of the rule of law. This requires not only the reform of the legislation, but also the introduction of new technologies and methods that will allow more effective protection of citizens’ rights even in difficult conditions. Innovative approaches should be based on an increased level of awareness and training of both state bodies and civil society regarding mechanisms for the protection of rights in wartime. Analysis of recent researches and publications. Important aspects of the issue of innovative approaches to the protection of human and civil rights and freedoms have been studied by R. Shai, S. Husarov, O. Gilyaka, V. Kovalenko. However, despite the considerable experience in this area, the issue of introducing innovations to protect human rights and freedoms has not been fully explored. Purpose of the research is a comprehensive study of the features of innovative approaches to the protection of human and citizen rights and freedoms under martial law. This involves an analysis of the latest technologies, legal mechanisms and organizational solutions that can be effectively used to protect civil rights in emergency situations. In addition, the article examines the challenges and prospects of implementing these innovative approaches in the context of Ukrainian realities, in particular, taking into account socio-economic and legal aspects. Article’s main body. The research materials are: 1) normative and legal support for the protection of human and citizen rights and freedoms under martial law, including international conventions, domestic laws and by-laws; 2) works of domestic and foreign authors who conduct scientific and practical research in the field of human rights, innovative technologies and methods of protecting rights in armed conflicts. In the research process, the following scientific methods were used: theoretical generalization and grouping – to characterize the components of the system of protection of human and citizen rights and freedoms in the conditions of martial law and functions related to ensuring security; the method of formalization, analysis and synthesis – for the study of the domestic and the needs for the protection of rights in the conditions of martial law; comparative analysis – to develop different strategies and approaches to the protection of human and citizen rights in the conditions of martial law. The generalization of the results was used to formulate conclusions and develop recommendations for improving the system of protection of rights and freedoms in similar conditions. Conclusions and prospects for the development. The protection of human rights under martial law is a complex and multifaceted task that requires an integrated approach, including legal, administrative and socio-economic processes. The war caused and continues to cause a lot of grief, destroying everything in its path, the most valuable of which is human life and health. The main goal currently remains the issue of effective protection of a person and a citizen from external dangers lurking in modern Ukrainian society. This study aims to analyze approaches to the protection of human rights under martial law, determine their effectiveness and outline ways of improvement. Special attention is paid to the study of international experience and the possibility of its adaptation to modern Ukrainian conditions. As a result, it is planned to develop recommendations for the implementation of innovative approaches that will contribute to strengthening the legal protection of citizens in the conditions of martial law, increasing the level of their security and well-being.

The aim of this study is to conduct a comparative analysis of the protection of human dignity and the prevention of discrimination from the perspective of Islam and International Humanitarian Law (IHL). This study attempts to clarify the similarities and differences between these two systems and examine the principles of each system for the protection of human dignity and rights. This study compared the principles of Islam and IHL through an analytical and comparative method. International documents, Islamic sources (Quran and Hadith) and IHL were used. This study is based on the analysis and comparison of documents. The results of the study show that both Islam and IHL emphasize the protection of human dignity and anti-discrimination laws. Islam has strongly opposed any form of discrimination based on its principles, while IHL supports these principles through international conventions. Islam and IHL demonstrate that human dignity must be protected for all human beings and that all forms of discrimination must be eliminated. Both systems share a fundamental principle of equal rights, justice, and respect for human dignity. A comparison of these systems shows that there is broad international support for these principles. Governments and international organizations should enhance the coherence between Islam and IHL to ensure the broad protection of human rights. Awareness of human dignity and the prevention of discrimination should be raised through educational programs. There is a need to develop laws at the international level to protect human rights based on the principles of Islam.

Armed Conflict and Human Rights in Colombia

The article draws attention to the fact that international protection of rights during armed conflicts plays an important role, and it must be effective for its implementation in countries in armed conflicts Regardless of its nature, whether international or non-international armed conflict, it threatens the realisation of most fundamental human rights and freedoms, including the most important natural human right - the right to life. The author examines the problems of international protection of human and civil rights in armed conflicts, the history of international campaigns to protect human rights in various paramilitary attacks, and the new international policy on human rights protection during the Russian-Ukrainian war. The purpose of the article is to analyse the international protection of human rights in the context of historical challenges and current armed conflicts, highlighting key issues, aspects and possible ways to improve existing legislation and practice. Case studies will also be considered to better understand the dynamics of human rights protection during armed conflicts and the role of international organisations in this process. The article concludes that international norms and treaties aimed at protecting human rights remain relevant and effective even in the most difficult conditions, such as armed conflicts. International human rights law, in particular, as defined by specific instruments, provides the necessary framework for the protection of fundamental rights and dignity of people even during hostilities. It is noted that it is important that the international bodies responsible for the implementation and enforcement of these norms confirm the inalienability of human rights protection in conflict situations. The condemnation of war crimes, genocide and violations of international humanitarian law indicates that the international community recognises the importance of protecting fundamental rights during war. It is emphasised that even in exceptional situations, when states take measures to derogate from their obligations due to the threat to the life of the nation, the preservation and protection of human rights remains a central task of the international community. It is important to continue to improve the mechanisms and instruments of international law aimed at ensuring the effective protection of human rights in time of war, thereby contributing to stability, justice and human security in the world.

The state of the environment in general and the negative effects of armed conflict in particular are issues to be addressed. The impact of these factors on human rights is obvious. The purpose of this article is to analyze norms and practice of international law to determine the possibility of the protection of environmental human rights in the context of armed conflict. The analysis of international legal norms shows a deficit of special rules providing for the protection of environmental human rights in the context of armed conflict. The volume of international law providing for the direct protection of the human right to a healthy environment is extremely limited. They represent the norms of "soft law" and are not legally binding or, in the most general terms, are enshrined in some regional instruments. The existing state of international legal regulation of this issue necessitates recourse to international judicial and non-judicial bodies. In this context, the practice of the African Commission on Human and Peoples Rights, Inter-American Commission on Human Rights, the European court on Human Rights, as well as acts adopted by the treaty bodies on human rights concerning the protection of individual human rights because of damage to the environment, may be relevant. The analysis of such practices and acts shows that the protection of environmental rights of the individual in the context of other human rights, namely: the right to life, right to adequate standard of living, the right to the highest attainable standard of health, right of ownership etc. In general, the protection of environmental human rights in the context of other human rights is possible in the conditions of an armed conflict, taking into account the characteristics of the latter. Therefore, this approach can ensure the protection of environmental human rights in the context of armed conflict.

The debate on the UN’s possible use of drones for peacekeeping took a turn in 2013 when the Security Council granted the Department of Peacekeeping Operations (DPKO) permission to contract surveillance drones for MONUSCO, its peacekeeping mission in the Democratic Republic of Congo (DRC).<br />This article examines what drone capability may entail for UN peacekeeping missions. We find that surveillance drones can help missions acquire better information and improve the situational awareness of its troops, as well as inform decision-making by leadership, police, and civilian components of the mission. We see a significant potential in the use of surveillance drones to improve efforts to protect civilians, increase UN troops’ situational awareness, and improve access to vulnerable populations in high-risk theaters. The use of drones can dramatically improve information-gathering capacities in proximity to populations at risk, thereby strengthening the ability of peacekeepers to monitor and respond to human rights abuses as well as violations of international humanitarian law (IHL). Drones may also enable peacekeepers to maintain stealth surveillance of potential spoilers, including arms smugglers and embargo breakers. They could additionally improve UN forces’ own targeting practices, further contributing to the protection of civilians (PoC). Furthermore, we emphasize how drone capability significantly increases peacekeepers’ precautionary obligations under IHL in targeting situations: the availability of drones triggers the obligation to use them to gather information in order to avoid civilian casualties or other violations of IHL or international human rights law.<br />There may soon come a shift among human rights groups, from being skeptical of the use of drones by UN peacekeepers to demanding that peacekeeping operations be equipped with surveillance drones for humanitarian and human rights reasons – shifting the current debate, which has focused largely on the negative impact of the use of drones, to a more balanced debate that considers more objectively what drones are and what they can be used for. Finally, the debate about armed drones looms on the horizon for the UN as well – and we outline some of the key dilemmas that the inclusion of such a capability will entail.

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

The Nuremberg tribunal was the expression and the beginning of states' recognition of their duty to prosecute genocide and other gross human rights violations. It was a first step towards fulfillin...

This work examines an issue that affects the most important problems of today, in particular, the relationship between the norms and principles of international law and human rights and their basic freedoms during international armed conflicts, in connection with the violation of Article 2 of the Convention on the Protection of Human Rights and Fundamental Freedoms. One of the important issues of the relationship between the norms and principles of international human rights law and their fundamental freedoms, which apply to Article 2 of the Convention on the Protection of Human Rights and Fundamental Freedoms and violate it, is highlighted. The purpose of this work is to identify problems related to the protection of human rights and freedoms during armed conflict, on the basis of the analysis of current international and national legislation, including taking into account specific features in Ukraine. One of the main analytical methods is a comparative analysis that analyzes international humanitarian law and international human law by comparing national practice of implementing human rights protection systems with a legal framework governing the subject of research at several national and international levels. It is noted that international humanitarian law plays an important role in respecting and regulating human rights during armed conflict. This article explains the main differences between international humanitarian law and international human rights. It analyzes the protection of human rights in accordance with international human rights and international humanitarian law, as well as retrospectively analyzes their formation. According to the results of comparative analysis, the conclusion was made that t he overwhelming number of modern armed conflicts is not international in nature, which is defined Features of human rights protection in these conditions. The formation of legal regulation and its c hanges from the very beginning of the armed conflict in Ukraine and the state of human rights protection .

The article is devoted to the pressing issue of ensuring the protection of human rights during armed conflict, particularly in the context of the armed aggression of the Russian Federation against Ukraine. The authors substantiates the need to improve legal mechanisms for the protection of human rights during war, especially under martial law, occupation, and forced displacement of the population. It is noted that violations of human rights and freedoms under such conditions are systemic and large-scale, indicating the insufficient effectiveness of existing international legal instruments. The study covers a broad range of international legal acts governing the protection of human rights during armed conflict. In particular, the importance of international humanitarian law (IHL) and international human rights law (IHRL), their functional correlation, and interaction in times of armed conflict are analyzed. It is emphasized that both branches share a common goal – to ensure the protection of human dignity – but differ in scope and conditions of application. Special attention is given to the right to life as a fundamental and absolute right, which has the status of jus cogens and must be protected even during martial law. The article gives particular focus to the legal regulation of the status of participants in armed conflict (combatants, hors de combat, prisoners of war), as well as the civilian population, which requires special protection. The content of the 1949 Geneva Conventions and their Additional Protocols is revealed, as well as their role in the system of international humanitarian law. It is noted that Ukraine is a party to these international treaties, which entails the obligation to apply them within its domestic legal system, in particular through direct-acting norms and the provisions of the Criminal Code of Ukraine (Article 438 of the Criminal Code of Ukraine). The article also examines practical issues of law enforcement during armed conflict, particularly by the aggressor state. Emphasis is placed on the need for criminal prosecution for violations of IHL norms and the obligation of states to ensure compliance with international standards in the field of human rights protection. The importance of international monitoring mechanisms is underscored, while also pointing out their limited effectiveness, especially in conditions of hybrid warfare and legal uncertainty. The jurisdiction of the European Court of Human Rights (ECtHR) is analyzed separately, along with its approaches to assessing human rights violations during armed conflict. The authors notes that although the ECtHR does not directly apply IHL norms, it evaluates situations in accordance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, without giving a legal qualification to the actions of the parties to the conflict as war crimes. This indicates a certain divergence in approaches to the qualification of violations. In conclusion, the authors emphasizes the need for harmonization of IHL and IHRL in legal practice, the improvement of protection mechanisms for victims of war, and the strengthening of accountability for violations of legal norms during armed conflicts. It is emphasized that only through the consolidation of efforts by states, international organizations, and civil society can proper protection of human rights during wartime be ensured.

This article is devoted to consideration of issues that cover the most sensitive and popular topics of today, in particular, the protection of human and citizen rights during escalation, assistance in the protection of fundamental rights by the international representation. Respect and protection of human rights is one of the leading principles of international law, enshrined in international legal treaties. All countries must adhere to the principles of freedom, democracy, respect for human rights and fundamental freedoms.Human rights, which are enshrined in current international legal treaties, are the result of the long-term historical development of social and political thought, the gradual formation of standards that have become the norm for the life of a modern democratic society. The author examines the provisions of the most famous international documents related to the protection of human rights during an armed conflict: the Convention for the Protection of Human Rights and Fundamental Freedoms, the additional protocol to the Geneva Conventions of , relating to the protection of victims of armed conflicts of a non-international nature (Protocol II) of June 8, 1977 year, the International Covenant on Civil and Political Rights of December 16, 1966 and other international documents relating to armed conflicts of a non-international nature. The international system of human rights protection is part of the system of international relations as a whole, but on the other hand, it is a system of international law, forming one of its branches. There are three main points of view regarding the place of human rights in international relations. According to the traditional statistical approach, human rights are a matter of sovereign state jurisdiction and continue to be a secondary object of international relations. There is a need to ensure human rights under any circumstances. An important priority in international cooperation is the protection and guarantee of human rights during armed conflicts and conflicts of a non-international nature. To date, international law refers to armed conflicts with condemnation, aggression, and prohibits any kind of war in general. But unfortunately, this is our reality of modern stages of human development.

Contents: The United Nations System: United Nations mechanisms to promote and protect human rights, Zdzislaw Kedzia The international labour organization's system of human rights protection, Lee Swepston UNESCO procedures for the protection of human rights, Karl Josef Partsch and Klaus HA fner. Regional Systems: The European systems for the protection of human rights, Maxime Tardu The Inter-American system for the protection of human rights, Hugo Caminos The protection of human rights in Africa: the African Charter on Human and Peoples' Rights, Daniel D.C. Don Nanjira Regional protection of human rights in the Arab States In Statu Nascendi, Bahey el Din Hassan. Towards Further Strengthening of Human Rights Protection: National systems for the protection of human rights, Jean-Bernard Marie Criminal responsibility for violations of human rights, William A. Schabas Sanctions and human rights, Katarina Tomasevski Indicators for the implementation of human rights, Michael Kirby The role of non-governmental organizations (NGOs) in the protection and enforcement of human rights, Laurie S. Wiseberg Index.

Contents: The United Nations System: United Nations mechanisms to promote and protect human rights, Zdzislaw Kedzia The international labour organization's system of human rights protection, Lee Swepston UNESCO procedures for the protection of human rights, Karl Josef Partsch and Klaus HA fner. Regional Systems: The European systems for the protection of human rights, Maxime Tardu The Inter-American system for the protection of human rights, Hugo Caminos The protection of human rights in Africa: the African Charter on Human and Peoples' Rights, Daniel D.C. Don Nanjira Regional protection of human rights in the Arab States In Statu Nascendi, Bahey el Din Hassan. Towards Further Strengthening of Human Rights Protection: National systems for the protection of human rights, Jean-Bernard Marie Criminal responsibility for violations of human rights, William A. Schabas Sanctions and human rights, Katarina Tomasevski Indicators for the implementation of human rights, Michael Kirby The role of non-governmental organizations (NGOs) in the protection and enforcement of human rights, Laurie S. Wiseberg Index.

The legal aspects of the protection of human rights are determined. It is characterized that an important place among the wide range of problems that legal science deals with today belongs to the problem of protecting human rights. The level of ensuring human rights and freedoms is determined by the development of mechanisms and the development of means, measures and procedures used in the protection and protection of human rights and freedoms, which allows us to talk about the security and safety of the individual in the state. The current state and problems of the implementation of the protection of human rights are considered. A generalized analysis of issues regulating the protection of natural human rights is carried out, and their limitation is impossible in any conditions. The vital activity of citizens in the conditions of martial law requires the improvement of the protection of human rights, which makes the perspective of the problem and forms vectors for further research. The issue of the protection of human rights, which is embedded in the key norms of international humanitarian law, which protects a person from the consequences of war and concerns each of us, is revealed, but it is still not well known to people. The mechanism of observance and implementation of the norms of international humanitarian law is within the framework of international legal measures aimed at intensifying interstate cooperation in order to ensure the commitments made at the international level, i.e. is carried out within the normative organizational limits of implementation at the international level. Attention is drawn to the fact that the system of a complex of such regulatory and procedural measures includes control measures that underlie and act as an essential element of the international mechanism for the protection of human rights. However, human rights are not only a means and a way to protect an individual from any encroachment. Human rights are the main nerve of social development, state structure, relationships between society, man and the state.

The African Court on Human and Peoples' Rights has a uniquely broad subject-matter jurisdiction that includes any 'relevant human rights instrument ratified by the states concerned' (article 3 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights). This article considers the extent to which the Court's subject-matter jurisdiction includes international humanitarian law, and the related issue of the Court's interpretive competence. It is argued that the Court indeed is competent to directly apply norms of international humanitarian law. However, the circumstances under which it can do so are limited to two instances, namely, (i) where international humanitarian law norms are incorporated by reference into applicable human rights treaties; and (ii) in the likely scenario that the Court regards some international humanitarian law conventions as having a human rights character, the primary rules of the applicable international humanitarian law obligations must entail an individual right. Whether a given international humanitarian law obligation entails an individual right is to be determined on a case-by-case basis and, in any event, such instances will be rare. As a consequence of the limited circumstances under which the Court can directly apply international humanitarian law, determining the extent to which the Court can rely on the interpretation of international humanitarian law in applying human rights norms remains pertinent. In this regard it is argued that the Court can rely on international humanitarian law in the application of human rights norms on two bases. First, considering the complementary relationship the Court has with the African Commission, the Court can rely on the African Charter's interpretation clause (articles 60 and 61). Second, the Court has an implied power to interpret international humanitarian law in applying human rights treaties, as this power is necessary for the Court to discharge its mandate.