Moral and legal principles of protection of civilians during the war (in the context of Russian aggression in 2022)

Abstract

The fundamental human rights universally recognized in international law are, in particular: the right to life; the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; the right to privacy, personal and family secrecy, protection of one’s honor and dignity, freedom of conscience and religion, etc. During hostilities, these fundamental values are particularly vulnerable, and their adherence to military conflict is directly dependent on the motives and moral preconditions for such aggression. The norms of international humanitarian law establish appropriate prohibitions or restrictions on the use of certain means and methods of armed struggle, ensuring the protection of victims of conflict and determining the responsibility for violating these norms. International humanitarian law is based on the principle of distinction between combatants and non-combatants, in connection with which the article pays special attention to the protection of the civilian population and the moral and legal components of such protection. Analyzing the convention agreements on the protection of civilians and victims of war, one can observe such fundamental moral components of their rights as life, respect, freedom of conscience and religion, prohibition of torture and humiliation, humane treatment, protection during hostilities and more. In particular, the UN International Court of Justice has repeatedly deduced the responsibilities of the parties to a military conflict from such a general principle of law as the “basic principles of humanity”.Article 3 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War provides for a minimum commitment of the parties in the event of armed conflict to non-combatants, including the following acts against the above: personality, including all forms of murder, mutilation, ill-treatment and torture; b) hostage-taking; c) abuse of human dignity, in particular abusive and degrading treatment; d) the conviction and application of punishment without a prior judgment rendered by a court duly established and providing judicial guarantees recognized by civilized peoples as necessary. It is well known that the attitude of the Russian aggressor towards the peaceful Ukrainian civilian population in its barbarism is not limited to the usual understanding of human rights violations and the principle of humanism during armed conflict. In view of this, the Verkhovna Rada of Ukraine adopted the Resolution “On the Statement of the Verkhovna Rada of Ukraine” On the Russian Federation’s Genocide in Ukraine “”, which recognizes the actions committed by the Armed Forces of the Russian Federation and its political and military leadership during the last phase of against Ukraine, which began on February 24, 2022, with the genocide of the Ukrainian people. This takes into account the consistency and systemic policy of the Russian Federation aimed at mass extermination of the population of Ukraine, violation of the sovereignty and territorial integrity of Ukraine and the elimination of national statehood of Ukraine. Key words: war, armed conflict, genocide, dignity, humanism, morality, respect, human rights, civilian population