The Conflict in Ukraine: Implications for jus in bello and Human Rights Law

Abstract

Abstract The contribution discusses the implications of the current armed conflict in Eastern Europe, triggered by the act of aggression by the Russian Federation against Ukraine, for jus in bello (international humanitarian law) and international human rights law. It argues that whereas the conflict has brought about serious challenges to these two branches of law, it has also triggered certain promising developments in IHL and IHRL. Those developments have so far manifested themselves in three main areas: the regulation relating to the application of IHL and IHRL; the substantive rules of the two branches; and the enforcement of such rules. Providing examples of such developments, the article argues that the overall impact of the conflict in Ukraine on IHL and IHRL could be, in the long run, predominantly positive.