International Legal Protection Research Articles

Legal Aspects of Press Protection in Countries in Conflict According to International Law

Protection of press freedom in countries experiencing armed conflict is a critical issue to ensure transparent and accurate access to information during a crisis. Although international legal instruments exist, such as the Geneva Conventions and the International Covenant on Civil and Political Rights, their implementation often faces challenges, including physical violence against journalists, restrictions on access to information, and intimidation. This study evaluates the effectiveness of international legal protections and identifies key challenges faced by journalists in the field. In addition, the study makes recommendations for strengthening international law enforcement, support for international organizations, national legal reform, and journalist training. These efforts are expected to improve the protection of press freedom and ensure that critical information remains accessible during times of conflict

International legal protection of cultural heritage during armed conflicts: History of formation and modern mechanisms (To the 70th anniversary of the 1954 convention for the protection of cultural property in the event of armed conflict)

International legal protection of cultural heritage during armed conflicts: History of formation and modern mechanisms (To the 70th anniversary of the 1954 convention for the protection of cultural property in the event of armed conflict)

INTERNATIONAL AND NATIONAL LEGAL ASPECTS OF THE PRINCIPLE OF CHILDREN'S SURVIVAL AND DEVELOPMENT

The formation of the need for the special protection of children and the recognition of their rights came to the fore as a result of the historical processes taking place in the world. In the article, the factors determining the international and national legal protection of the principle of children's survival and development have been studied from various aspects. As a result of the comparative analysis, the article clarified the problems encountered during the application of international and national legal norms in the field of the principle of children's survival and development, and presented suggestions and recommendations. As a result of the conducted research, in addition to presenting proposals for the elimination of existing practical and legal problems, analyses of the norms of domestic regulation were also conducted.

Prison overcrowding and ill-treatment: sentence reduction as a reparation measure. A view from Latin America and Europe.

In recent years mass protest movements have taken to the streets in many countries across the world. Despite strong international and domestic legal protections for the right to freedom of peaceful assembly and other fundamental human rights, entire assemblies are frequently labelled violent and less lethal weapons are used to disperse them. This article examines the weapons often used by police against public assemblies. Focusing on striking weapons (batons), chemical irri-tants, kinetic impact projectiles and stun grenades, the article uses examples from various countries to illustrate how these weapons are being used and the associated human rights and health impacts. Re-sults: Worrying trends identified include the use of dangerous or untested equipment, such as thermal foggers to deploy chemical irritants; the use of inherently abusive weapons, such as whips or sjam-boks; and the increasing use of certain types of munitions, specifically indiscriminate kinetic impact projectiles. The article seeks to support medical and legal professionals becoming more familiar with the weapons being used in the countries they practice in, the effects of those weapons, and clinical aspects in the presentation and care of those exposed.

International Legal Protection of Child Soldiers in Areas of Armed Conflict

International legal protection of child soldiers in areas of armed conflict is a major concern on the global human rights agenda. The Convention on the Rights of the Child and the Additional Protocol on the Involvement of Children in Armed Conflict have provided an important legal framework in efforts to protect children from recruitment and use in armed conflict. However, implementation and enforcement of laws often face complex challenges, including non-compliance by parties involved in the conflict, social and economic factors, and limited legal and security institutional capacity in affected countries. Further research is needed to understand more deeply the dynamics and challenges in protecting children in areas of armed conflict and to develop more effective strategies in protecting their rights

Research on the Status, Challenges and Countermeasures of the Intercultural Communication of Chinese Opera Culture in the Omnimedia Era

The Chinese opera is a local art in China and an important carrier of Chinese culture. It embodies the spirit of Chinese aesthetics, and is generally recognized as a recognizable representative of Chinese culture and art. In the omnimedia era, the omnimedia platforms enable Chinese opera to appear frequently on the international stage. Meanwhile, the digital technology plays an important role in promoting the cross-cultural communication of opera culture, which make global audiences can enjoy Chinese opera culture through omnimedia channels and gradually increase their acceptance of it. Therefore, the effect and influence of Chinese opera culture in international communication is significantly improved. However, it should be noted that cultural differences are the main obstacles to the intercultural communication of Chinese opera in the omnimedia environment. The copyright and intellectual property right in the omnimedia environment limit the international communication of Chinese opera culture, and there are contradictions between the localization and the globalization needs of opera culture in the omnimedia promotion. To this end, it is necessary to present in-depth cultural interpretation and exchange on the all-media platform to bridge the cultural differences between China and foreign countries, establish corresponding international cooperations and legal protection mechanisms to deal with copyright and intellectual property issues, and use omnimedia to innovate the promotion of opera culture to achieve a balance between localization and globalization. These methods can enhance the cross-cultural output of Chinese opera culture and the international communication intensity and effectiveness of it, so as to enhance the cultural soft power construction and the international influence of China.

International legal protection of the environment from criminal acts during armed conflicts

The article is dedicated to revealing the state of legal provision for the international legal protection of the environment from criminal acts during armed conflicts. Attention is drawn to the fact that international legal obligations of states regarding environmental protection during armed conflict are only contained in a few environmental treaties, but simultaneously in special agreements that are applicable in the presence of armed conflict and are sources of international humanitarian law. It is noted that from the general principles of the impact of war on international treaties, it follows that the termination of an international treaty at the onset of war is an exception to the rules, not a mandatory act. According to Articles 61 and 62 of the Vienna Convention on the Law of Treaties of 1969 regarding impossibility of performance and fundamental change of circumstances, it is established that war is not a basis for the automatic termination of treaty obligations, including environmental ones, by the parties to the conflict who have become parties in peacetime, which is also stated in the Draft Articles on the Impact of Armed Conflicts on Treaties of 2011 prepared by the UN International Law Commission, which includes a reference to a provisional list of treaties whose subject matter implies that they continue to apply during armed conflict, among them – treaties on international environmental protection.
 The standpoint regarding the necessity of developing a codified international instrument, which would consolidate the currently disparate provisions for regulating environmental protection issues in conditions of armed conflict, compensation for damage caused, etc., as a source of international environmental law, is supported. It would also address existing problems in legal application, such as the narrow and imprecise definition of the threshold level criteria required to prove environmental damage during armed conflict.

ПРАВОВИЙ СТАТУС ВІЙСЬКОВОПОЛОНЕНИХ В УКРАЇНІ

The article is devoted to the understanding of the legal status of prisoners of war. In order to establish the legal status of prisoners of war, the author analyzes and argues that captivity is a phenomenon which is accompanied by restrictions on the freedom of persons who fall (claim) to have the legal status of prisoners of war and were involved in an armed conflict, with the aim of preventing their participation in hostilities in the future. The author clarifies the role of participants in an international armed conflict, which in international humanitarian law are divided into military and civilian combatants and non-combatants. Only combatants, i.e., those persons involved in an interstate conflict, can become prisoners of war. The main difference between a non-combatant and a combatant is that the above-mentioned persons have personal weapons, but can use them only for self-defense. If they participate in hostilities, they acquire the status of combatants. The legal status of a person is a system of rights, freedoms, obligations, and responsibilities enshrined in legal acts and guaranteed by the state, according to which an individual, as a subject of law (i.e., as one with legal personality), coordinates his or her behavior in society. The legal status of: a) citizens of Ukraine; b) foreigners; c) stateless persons; d) persons granted asylum. According to the nature of legal regulation, the legal status is a) general; b) sectoral (individual), c) special. The legal status of prisoners of war applies only to those persons who have not violated the rules and customs of war and are not subject to prosecution under the criminal law of Ukraine. In general, the legal status is formed by combining subjective rights, legitimate interests and legal obligations. The constituent elements of the legal status of prisoners of war are rights, obligations and prohibitions. Prisoners of war are special subjects of law, as they are under international legal protection and endowed with a special legal status regulated by both national legislation and regulations of international humanitarian law. Key words: war, prisoners of war, captivity, legal status of a person, international conflict, rights, obligations, prohibitions, foreigners, combatants, non-combatants.

The Judicial Institutions Response to Human Trafficking: A Case Study From Southeast Europe

Trafficking in human beings is a phenomenon of global proportions, which on the one hand violates basic human rights and on the other hand represents a modern form of slavery. This phenomenon is influenced by various factors that are directly related to the level of development of the state, such as the economic situation, poverty, difficult housing conditions, low level of education, sociocultural factors, etc. Trafficking in human beings in Kosovo concerning the number of inhabitants is considered to be high, despite the measures taken by the justice institutions. In this paper, the main focus is based on the analysis of the contribution of justice institutions concerning the criminal offense of trafficking in human beings in Kosovo and the comparability of cases of trafficking during the years 2017-2022. Furthermore, the conclusions of this research emphasize the necessary measures and policies that should be undertaken by the institutions of justice for the prevention and combating of this negative phenomenon at the country level. It also includes the importance of international legal cooperation, public awareness, and protection of victims through institutional channels. Only through inter-institutional cooperation and the raising of social awareness success can be achieved in the combat against this phenomenon, namely to protect basic human rights and freedoms.

International and National Legal Protection of the Civilian Population During an Armed Conflict: The Example of Ukraine

The protection of civilians is a basic ethical, strategic, and legal requirement for the international community and every democratic state, one of the key aspects of any military (combat) action. Such protection should not only be proclaimed, but also serve as a priority. If armed forces during armed conflicts rely on the foundation laid by international humanitarian law and adhere to civilised rules of military (combat) operations, then the damage caused to the civilian population can be minimised. This problem is also important in terms of the international and national legal protection of the civilian population during the international military conflict in Ukraine.

История групповых культурных прав и их защиты: теоретические коллизии международного права

The issues of the international legal protection system have become particularly acute in recent years, since the existing practice has shown a lack of effectiveness and revealed cardinal shortcomings in the ability of the international community to prevent human rights violations leading to military conflicts and social explosions. The article shows by historical examples that the liberal-individualistic approach to the definition of human rights has led to the fragmentation of international legal acts, the absence of generally recognized criteria for the systematization of human rights, including those of a collective nature. It is proposed to create a system of international legal protection based on the development of the concept of cultural group rights, including a set of non-individual factors of self-determination of the individual and his participation in collective human existence.

International Legal Framework for the Protection of Cultural Objects

Introduction. For thousands of years, historical and cultural monuments have been damaged or destroyed as a result of armed conflicts and acts of vandalism. Given the role that these sites play in the development of humanity, international humanitarian law (IHL) establishes the basis for the international legal protection of religious, cultural and scientific sites. At the beginning of the 20th century. the situation was complicated not only by the absence of a universal international treaty that would be devoted exclusively to the international legal protection of these objects, but also by an international intergovernmental organization that would develop appropriate norms and standards. These problems led to the creation in 1945 of the United Nations Educational, Scientific and Cultural Organization (UNESCO). Thanks to the activities of this specialized UN agency, as well as the activities of a number of non-governmental international organizations, it was possible to form an international legal regime for the protection of cultural property both in peacetime and during armed conflicts.As a result of changes in the strategy of conducting armed conflicts, as well as improving the methods and means of conducting them in the 21st century, cultural objects are in great danger. In this regard, the analysis of current international legal norms and principles for the protection of cultural property in the context of international humanitarian law is of particular relevance.Materials and methods. As for the materials, we were talking about legal acts, Russian and cultural information based on the cultural traditions of international law. methodological basis based on scientific methods of lysis and synthesis, comparative legal method, scientific method of delivery.Research results. The evolution of the system of international legal protection of cultural property and world cultural heritage allows us to draw a conclusion about the comprehensive level of such protection, applied both in peacetime and in armed conflicts. The international legal responsibilities of states in this area are associated, first of all, with assessing the significance of cultural objects and giving them the appropriate legal status through national legislation or inclusion in the registers of international organizations.Discussion and conclusion. At the same time, the activities of states and international organizations related to the special designation of cultural objects in armed conflicts, the training of civilian and military personnel, and taking into account the specifics of the placement and maintenance of such objects are of particular importance. The general body of knowledge and skills for the protection and protection of cultural objects is formed by UNESCO as a specialized agency of the United Nations, which strives to preserve the universal heritage as the highest achievements of art and science.

The Legal Protection Path of Intangible Cultural Heritage of Ethnic Minorities Beyond the Framework of Intellectual Property Rights

For the legal protection of intangible cultural heritage of ethnic minorities, China has basically formed a legal protection mode combining international legal protection with domestic legal protection, and combining public law protection with private law protection. However, the protection of intangible cultural heritage by the intellectual property system is concentrated in two aspects: creative products (works) based on traditional knowledge and traditional skills that have not yet been disclosed and can be applied in industry. The protection of intangible cultural heritage of ethnic minorities is facing the dilemma of limited compatibility of intellectual property rights. Therefore, we should clarify the protection ideas of intangible cultural heritage of ethnic minorities, go beyond the framework of intellectual property rights, and form a diversified protection path of intangible cultural heritage of ethnic minorities.

The international legal basis of the criminal law policy of the Russian Federation in the field of protection of historical and cultural heritage

In the article, through the study of relatively independent directions of international legal protection of historical and cultural heritage, the influence exerted by individual acts of the world and regional (European) level of action on the criminal law policy of the Russian Federation in the area under study is assessed. The author draws attention to certain miscalculations made by the domestic legislator in the process of criminalizing acts against historical and cultural heritage, which are due to an underestimation of international experience in the protection of material heritage, as well as the inertia of objectively demanded changes. Based on the current political realities, the further directions of the development of the criminal law policy of the state in the field of protection of historical and cultural heritage are determined.

The World Heritage Site “Lake Baikal” as an Associative Cultural Landscape: Problem Statement

The article examines the features of the international legal regime of associative cultural landscapes in the world heritage protection system. It is noted that it is impossible to strictly divide the world heritage into cultural and natural objects, and changes in the system of their nomination are analyzed, aimed at taking into account the connection between cultural and natural attributes of outstanding universal value. The history of the formation of the concept of cultural landscapes is shown, their signs developed in the world Heritage protection system are revealed. The purpose of the study is to find ways to strengthen the legal protection of world natural heritage sites located in the Russian Federation through the use of the international legal regime for the protection of associative cultural landscapes, which has been developed within the framework of the Convention on the Protection of World Cultural and Natural Heritage. The Institute of associative cultural landscapes and the possibility of their international legal protection are being investigated in relation to the conservation of Lake Baikal. A new area of protection for this world heritage site may be the legal consolidation of its cultural value, expressed both in its special religious significance and in its completely unique role for secular environmental ethics. The conclusion is formulated on the expediency of recognizing Lake Baikal as a world heritage site not only according to the criteria fixed for world natural heritage sites, but also as an associative cultural landscape. The recognition of world natural heritage sites located on the territory of Russia as associative cultural landscapes (if there are grounds for that) will allow us to more fully reveal the peculiarities of the culture of the peoples living in these territories and ensure legal protection of associative links between cultural phenomena and natural complexes. At the same time, systematic work is needed to improve legislation on the management of activities for the conservation of world heritage sites.

International legal protection of the right to the education of migrant children

The education of children from migrant families is a pressing issue, with approximately 36 million school-age children and adolescents among international migrants, a number that continues to rise. Their education is an important long–term strategic priority and an investment in the future of the whole world. The article examines the problems of the education of migrant children, considers the recommendations for different countries in the field of organizing access of children to preschool, primary and secondary education, the creation of a favorable environment. Special attention is given to issues related to access to education, adaptation in the educational environment, and overcoming language barriers. The choice of a particular integration model depends on the immigration history of each country. Some integration models contribute to the formation of a multicultural society, while others aim at the complete assimilation of migrants. The selected models of realization of the right to the education of migrant children are reflected in the education system and determine how it will respond to the challenges associated with an increase in the number of children from migrant families in educational institutions. The study results highlight the necessity of creating efficient policies to safeguard the educational rights of migrant children.

INTERNATIONAL LEGAL REGULATION OF PREVENTING THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT

The article is devoted to defining the essence and peculiarities of application of the norms of international law in cases of involvement of children in armed conflicts. The article establishes that in the course of development of international law, a number of international instruments, both legally binding and non-binding, have been adopted in order to minimize the risks to which children involved in armed conflicts are exposed. Such instruments pay special attention to the issue of the minimum age of children involved in hostilities and the types of actions that should be prevented in this regard. The gradual process of codification of the international legal protection regime for children has undoubtedly improved their overall protection from the impact of armed conflict. The author draws the following conclusions. The recruitment of children under the age of 15 is directly prohibited by the Convention on the Rights of the Child, the I and II Additional Protocols to the Geneva Conventions, as well as customary international humanitarian law. In addition, the recruitment of children into armed forces is a crime under the Rome Statute. Military duty and the forced recruitment of children under the age of 18 are prohibited by the Optional Protocol and International Labor Organization Convention No. 182. States must take comprehensive measures at the national level to fulfill their obligations regarding the recruitment of children and their participation in hostilities. The implementation of international obligations at the national level undoubtedly begins with the adoption of laws, which are then followed by regulatory and practical measures. Effective protection of the rights of the child, in particular with regard to the involvement of children in armed conflict, is based on such legal documents.

ПРОЦЕССУАЛЬНЫЕ АСПЕКТЫ МЕЖДУНАРОДНО-ПРАВОВОЙ ЗАЩИТЫ ПРАВ СПОРТСМЕНОВ ПО ДЕЛАМ ОБ «АНТИДОПИНГОВОЙ ЧИСТОТЕ»

The article analyzes the peculiarities of international legal control over the use of prohibited substances by athletes and provides a comparative legal analysis of domestic and international rules to ensure the “purity” of sport. The paper shows that modern methods of international legal protection of athletes’ rights in this sphere are imperfect and need significant improvement. The author analyzed the procedural aspects of anti-doping inspections that affect the level of international legal protection of athletes’ rights, using the example of the situation with the Russian figure skater K. Valieva. The legal shortcomings of the anti-doping investigation against the Russian figure skater related to the violation of human rights were revealed. It is shown that the regime of protection of the rights of juvenile athletes is conditional and cannot be considered effective. It does not comply with international legal standards of increased protection of the rights of the child (as a vulnerable person) and special conditions for bringing him/her to responsibility.

Perlindungan Hukum Internasional Tentang Konfik Perang Lintas Negara Antara Palestina Dan Israel

The conflict between Palestine and Israel continues to this day. The problems that occur between the two countries, namely between the Palestinian state and Israel regarding the seizure of territory occur after years marked by violence until now so that there needs to be an effort to protect international law against war victims of innocent civilians. The theory used in this research is the theory of legal protection. The theory of legal protection is very relevant to the research made here, because there needs to be international legal protection regarding the conflict between Palestine and Israel. The research method used regarding the protection of international law on the conflict between Palestine and Israel is carried out by means of qualitative descriptive research. The technique or instrument of data collection used is library research by studying various books as literature, official documents, laws and regulations, results of previous research, and other literature sources related to the problems studied. Legal efforts made internationally against this war conflict include the UN Resolution in 1947, the Geneva Convention, the International Court of Justice (ICJ) and the Olso Agreement.

Several Issues And Implemented Reforms For Seeking International Protection In The Republic Of Armenia

The migration and integration processes carried out at the global level inevitably bring up certain problems in that field, in the solution of which the common approach of the states and the application of universal standards are important. The Constitution of the Republic of Armenia and international treaties envisage the provision of international legal protection and the application of appropriate guarantees to those who need it. However, the analysis of the practical situation has shown that in a number of cases, applying the right to seek international protection in the RA by persons, imprisoned in accordance with the law, is seen as a way to avoid certain restrictions imposed on them under the legislation. The purpose of this article is to conduct research on implementation of the procedures for requesting international protection, the tools and mechanisms for guaranteeing the relevant rights, and the reforms implemented in the RA. Based on the conducted analysis, the article presents the current situation before the relevant legislative reforms and the need for the implementation of these reforms, their essence and proposals regarding some of the existing problems.