Wartime Law as a Sub-Branch of Military Law

Abstract

Based on the legal positions set out in the scientific literature, the paper defines the normative complex of «peacetime law», and highlights the «law of crisis situations» operating under extraordinary legal regimes (state of emergency, counter-terrorism operation, peacekeeping operation). The author’s position on the «wartime law» as a set of norms of military legislation regulating relations during wartime under martial law is formulated, the analysis of the effect of these norms in time (ratione temporis), in space (ratione loci) and in the circle of persons (ratione personae) is carried out. The author opposes proposals to name a sub-branch of military law as «international humanitarian law», «law of armed conflict» or «operational law» following the study of the concepts of «international humanitarian law» and «law of armed conflict» found in the doctrine of international law and established contractual practice. It has been established that the use of the Armed Forces of the Russian Federation is not possible for its intended purpose within the framework of contractual and non-contractual regimes of their use. It is noted that the «wartime law» is intended to regulate relations during international armed conflicts and can only be partially based on the norms of international humanitarian law. It includes the institutions of mobilization, territorial defense, civil defense, occupation, internment, military captivity, etc.; its norms regulate the use of the Armed Forces of the Russian Federation for their intended purpose. The author raises debatable questions about the inclusion of a number of technical norms in military law, as well as the development of rules of engagement in certain geographical environments on the basis of recommendatory international legal norms.