Humanitarian Law Research Articles

The Effect of Russia's Invasion of Ukraine on Non-Human Animals: International Humanitarian Law Perspectives

AbstractSince Russia's full-scale aggression against Ukraine, there have been thousands of instances of civilian casualties, damage to the natural environment and cultural property, destruction of buildings and infrastructure, blockading of ports, siege, capturing installations containing dangerous forces, and other consequences that accompany hostilities. In addition to the fatalities related to humans (civilians and combatants alike) and their property or environment, the war in Ukraine has also accounted for non-human tolls – namely, the destruction of animals or damage to their habitats.The primary objective of this article is to study three patterns of animal suffering documented during Russia's invasion of Ukraine: (i) targeting zoos and killing zoo animals; (ii) extermination of the Black Sea dolphin population; and (iii) eating pigeons or other pets in besieged localities, and to analyse these patterns in the light of applicable rules of international humanitarian law (IHL).The idea of this research is to underline that war can have a significant effect on various categories of animals, and Russia's invasion of Ukraine is just another example of this. The article also discusses how, and the extent to which international law can provide protection for animals in armed conflict, and whether there are any gaps in the applicable IHL rules related to the protection of animals.

International humanitarian law in light of Islamic religion

International humanitarian law in light of Islamic religion

Challenges and Prospects for the Law of Armed Conflict — A Humanitarian Perspective

The law of armed conflict, as the international legal system that regulates the conduct of war and mitigates its catastrophic consequences, has in recent years faced the challenges of high-tech forms of warfare, the involvement of non-state actors, and the complexities of civil-military integration. To address the complexity of non-international armed conflict, international humanitarian law should be “strategically” disseminated, non-government parties should be urged to issue unilateral declarations or codes of conduct, and the UN Security Council Action Plan model and the Geneva Call’s “Deed of Commitment” model should continue to be explored and implemented. The distinction between combatants and civilians in cyber-armed conflict requires more attention to actual behavior than to the appearance of the operator, with full consideration of the relationship between full membership and function. For the use of autonomous weapons systems, we must balance military interests and the consequences of damage, maximize the recognition and decision-making capabilities of autonomous weapons systems, and maintain human oversight and control during high-risk decisions.

Protection and preservation of cultural heritage during armed conflict: Understanding the accountability of a state under international humanitarian law

Protection and preservation of cultural heritage during armed conflict: Understanding the accountability of a state under international humanitarian law

Guaranteeing russia’s responsibility for war crimes in Ukraine: the information and legal aspect

The article examines the issue of bringing russia to justice for mass war crimes, crimes against humanity and acts of aggression committed during the full-scale invasion of Ukraine. The purpose of the work is to analyse the available legal instruments, to formulate a comprehensive approach to solving this problem and to search for effective information and legal mechanisms to ensure the inevitability of russia's punishment under international law. The research methodology is based on a systematic analysis of current international legal norms and procedures in the field of international humanitarian law. The relevance of the work is due to the unprecedented scale of war crimes committed by russia in Ukraine and the need to bring the perpetrators to justice in order to restore justice. The scientific novelty is that for the first time a comprehensive information and legal model for prosecuting and bringing to justice the aggressor state for war crimes is proposed. The paper analyses the current legal mechanisms for bringing Russia to justice for war crimes committed in Ukraine at the national and international levels. The practical role of the key institutions – the International Criminal Court and the European Court of Human Rights – in ensuring the inevitability of punishment for the russian federation is considered. Potential opportunities for russia to avoid responsibility are identified. The article proposes an information and legal model for the effective prosecution and bringing russia to justice for its act of aggression against Ukraine. The results obtained can be applied in the field of international criminal law and ensure compliance with international humanitarian law norms. The practical significance lies in the formation of a basis for specific actions by the international community to hold russia accountable for crimes in Ukraine. Despite all the difficulties, the international community should make every effort to bring the russian federation to justice in accordance with international law. The proposed information and legal model can be one of the effective tools to achieve this goal.

Allegiance in International Humanitarian Law: the duty of fidelity and the laws of armed conflict

Abstract Allegiance is a legal concept that seeks to regulate the duty of fidelity of individuals towards states. A particularity of allegiance is the fact that it has been repeatedly used in treaty provisions, as well as interpretation of rules, in the field of International Humanitarian Law. The fields in which it has been introduced are quite broad, from rules relating to Prisoner of War status, to defining the relationship between occupiers and occupied population, passing through rules on Protected Personal status for civilians, the internment of enemy aliens, rules on the conduct of hostilities, and deserters. The article analyses both the meaning of allegiance and how it has been used in International Humanitarian Law revealing some useful instances as well as a set of inconsistencies and potential perils for its use.

Conceptual Difficulties in the Transformation of Human Rights to the Realm of Artificial Intelligence

Artificial intelligence has been seeping into various fields of international law for some time, affecting fields such as international humanitarian law – especially regarding the legality of autonomous weapon systems, but also intellectual property law and the legal profession as a whole. A conflicting zone encompassing many subfields is human rights, where an already sensitive subject that is open to debates and interpretation is met with rough questions. For instance, should and could human rights norms be transferred into pre-programmed entities? What relevance can human rights have to a non-human being that has been created, programmed and assembled by humans? Vast regional differences exist between the European, African and Inter-American systems with a lack of coherent structure in the Asia-Pacific region. Our understanding of human rights has also developed substantially over the decades, especially regarding norms on slavery, free speech, the prohibition of discrimination and the rights of women, of disabled persons and indigenous peoples to name a few examples. Furthermore, a vast array of international documents on human rights are political manifestos utilising expressions such as “respecting” and “ensuring” human rights as obligations for members of the international community. Since these provisions deliberately leave a lot of room for interpretation, it seems almost an impossible task to translate them to “binary code”, to a format that is digestible for an artificial entity. The article aims to answer these questions by analysing the abovementioned line of thought and combining it with various attempts at international regulation by states, international organisations as well as non-governmental organisations and think-tanks. The fundamental focus of this paper is to ascertain whether human rights and AI can be made compatible under the current framework of international law at today’s level of development.

International humanitarian law and ecocide: the war in Ukraine as a case study

Ecocide, an illegal act that causes serious damage to the environment, has become one of the greatest threats to the planet. Ukraine, which has recently been exposed to ecocide, strives to bring the perpetrators to justice by applying to international judicial bodies and creating mechanisms for collecting evidence. Ecocide should be included in the list of crimes against humanity and properly regulated at the international level, which will contribute to the preservation of the environment and human security. The purpose of this article is to define the crime of ecocide under international humanitarian law, apply it to the conflict in Ukraine, and discuss possible international mechanisms for bringing to justice those who have committed ecocide. This paper showcases Ukraine’s legal and factual basis for holding Russia accountable for ecocide, which includes the destruction of natural resources, water and air pollution and actions that could result in environmental catastrophes. This paper emphasizes the importance of filing lawsuits with international bodies, international cooperation, public engagement, and resource mobilization for effective prosecution. Ukraine’s commitment to environmental protection through the pursuit of ecocide accountability is of global significance for the preservation of the planet and well-being of future generations.

He impact of teaching the principles of international humanitarian law On the achievement of third-year intermediate students in social studies

هدف البحث:اثر تدريس مبادئ القانون الدولي الانساني على تحصيل طلبة الصف الثالث متوسط في مادة الاجتماعيات وتكونت مجموعة البحث من (30) طالباً . واستخدم البحث المواد والادوات التالية: مواد البحث قائمة بمبادئ القانون الدولي الانساني واختيارات مواقف . وتم التوصل الى النتائج التالية: وجود فروق دالة احصائياً عند مستوى (0,01 ) بين متوسطي درجات طلاب المجموعة التجريبية في التطبيقين القبلي والبعدي لاختبار المواقف لصالح التطبيق البعدي . حجم التأثير كبير لدلالة الفرق بين متوسطي درجات التطبيقين القبلي والبعدي لاختبار المواقف للمجموعة التجريبية لصالح التطبيق البعدي .

Extrajudicial Killings over the Drug War in the Philippines under the ICC Jurisdiction

Extrajudicial killings in the Philippines have escalated, resulting in severe human rights violations exacerbated by the enforcement of drug war policies, which have led to numerous deaths without due legal process. These killings constitute serious crimes falling within the jurisdiction of the International Criminal Court (ICC). This paper examines how the ICC can serve as an international mechanism for addressing extrajudicial executions in the Philippines' drug war. Employing normative legal research methodology, the study utilizes legal sources focused on normative law as primary data. The ICC, functioning as a permanent court, is mandated to prosecute individuals responsible for international crimes under the Rome Statute. The findings confirm that extrajudicial killings in the Philippines qualify as international crimes, thus within the ICC's purview. Consequently, the ICC's involvement should not be construed as a challenge to national sovereignty but rather as a catalyst for strengthening global criminal justice frameworks. By holding perpetrators accountable, the ICC can stimulate the development of national criminal justice systems worldwide and encourage the enactment of domestic laws addressing egregious human rights violations and breaches of international humanitarian law. This role underscores the ICC's mission to promote universal ideals and ensure justice for victims of grave international offenses.

ANALYSIS OF THE LABOR COMPENSATION OF PRISONERS OF WAR IN UKRAINE

The article examines the issue of compensation of prisoners of war currently held in Ukraine. It is noted that 75 years have passed since the adoption of the Geneva Convention relative to the Treatment of Prisoners of War, and some of its provisions are now outdated or irrelevant. One of these norms is the amount of compensation for the labour of prisoners of war. Since there is some debate about the criterion of fairness today, the authors analyse the purchasing power of the Swiss franc in 1949 versus 2024 and provide a conclusion on this issue. Key words: prisoners of war, labour, labour compensation, labour relations, employment, State Criminal and Executive Service of Ukraine, International Committee of the Red Cross, international humanitarian law, Geneva Convention, legal status, prisoner of war camps, prisoner of war detention centres.

PROTECTION OF THE ENVIRONMENT UNDER OCСUPATION: SCOPE AND CONTENT OF LEGAL OBLIGATIONS OF THE OCCUPIER

The article is dedicated to the problem of the protection of the environment on occupied territories. Due to the fact that the law of occupation doesn’t contain legal rules establishing environmental obligations of the occupying power, the environment on the territories under its authority often becomes a victim of the overexploitation and destruction. At the same time, it is suggested that the current international law, in particular, international human rights law and international environmental law, can be used to fill gaps in the rules of international humanitarian law. Certainly, the scope and the content of occupier’s obligations will be different depending on the instruments applied for the protection of the environment. The author concludes that the occupying state may be bound by its own multilateral environmental agreements, multilateral environmental agreements of the state which territory is occupied or both groups of treaties. A case-by-case approach to environmental human rights protection can serve as a useful tool for the concretization of occupier’s environmental obligations.

A Study on Sarva Shiksha Abhiyan under National Education Policy Act

The right to education has been recognised and treated important in many international legal instruments in the form of conventions, covenants, charters and regional laws. From the adoption of the Universal Declaration of Human Rights (UDHR) the right to education under Article 26 has been reaffirmed in numerous treaties at international and regional level including UNESCO, ICEARD, ICESCR, ICCPR, CEDAW, UNCRc, CRMW, CRPWD. The right to education has also been recognised under the conventions of International Legal Organisations and international humanitarian law. The government of India has inserted Article 21 A in the constitution of India in its constitution (Eighty-sixth Amendment) Act, 2002. The provision made education to be provided in free and compulsory manner for all the children in the age group between six to fourteen years. As we know education is a fundamental right and available for all categories of people there are some needs in the implementation of the quality of education. The new education policy, SWAYAM, Sarva Shikha Abhigyan are the recent schemes passed by the government of India. This paper concentrates on the scheme Sarva shiksha Abhiyan which is a framework for implementation of free and compulsory under Right of children to free and compulsory education act 2009.

Peran Mahkamah Internasional (ICJ) Dalam Mengatasi Pelanggaran Hukum Humaniter Di Palestina 2023-2024

This study discusses the role played by the International Court of Justice (ICJ) in overcoming humanitarian law in Palestine in 2023-2024, various efforts have been made by the International Court of Justice in addressing the issue of genocide, including taking a role in the international reports submitted to the International Court of Justice on what happened in Palestine, as an international judicial institution The International Court of Justice (ICJ) has an important role in dealing with human rights violations and international crimes. One of the issues that has always been in the spotlight is the conflict in Palestine and Israel, which is often colored by accusations of genocide by several countries.

Combatant Immunity for Members of the Nagorno-Karabakh Army: A Case Study

After Azerbaijan regained control over the territory of the Nagorno-Karabakh region, it detained a number of officials of the Nagorno-Karabakh Republic (hereinafter — NKR) and members of the Nagorno-Karabakh Defence Army (hereinafter — NKDA). The detainees face charges of participating in illegal armed formations and/or terrorism financing. The present case study explores whether the detainees might benefit from combatant immunity and whether Azerbaijan’s prosecution of those who fought for the NKR complies with international humanitarian law. Referencing the rules on prisoner of war status specified in Article 4(2) of the Third Geneva Convention, this paper concludes that members of the NKDA indeed fell into the hands of the “enemy”, NKDA prima facie complied with the “four requirements” for irregular armed formations per Article 4(2) and “belonged” to Armenia, that for these purposes can be deemed to have been engaged in an international armed conflict with Azerbaijan. If evidence available to the Azerbaijani authorities supports the view that NKDA members fit the requirements of Article 4(2) of the Third Geneva Convention, members of the NKDA should be treated as prisoners of war and lawful combatants. Therefore, being a member of the NKDA or supporting its activities should not be criminally punishable.

Through the Lens of the ICJ: Bridging the Gap between Human Rights and Humanitarian Norms in Global Child Soldiering

Recently in June 2022, the United Nations Special Representative of the Secretary-General for Children and Armed Conflict expressed that the ongoing use and recruitment of children in armed conflict globally warrants "international concern". Notwithstanding the existence of proscriptive norms in terms of international humanitarian law (IHL) and international human rights law (IHRL), international legal violations are nevertheless committed by states and non-state actors. A systematic analysis of the respective normative systems identifies a lacuna between specific provisions thereof. Consequently, violations are committed in armed conflicts for the purposes of IHRL but not IHL, it is contended that this inconsistency in the law perpetuates ongoing child soldiering. It is further contended that this inconsistency establishes a genus of children who are legally unprotected as they fall between the cracks of international law. Based on recent progressive jurisprudence of the International Court of Justice, an approach which will bridge the lacuna between these norms is proposed. Contrary to the view of the International Committee of the Red Cross and with due consideration for the lex specialis principle, it is proposed that the IHL and IHRL instruments should apply in a complementary fashion, as opposed to the separate legal regimes under which they have developed.

The Conduct of Hostilities, Attack Effects, and Criminal Accountability

Abstract War crimes related to the decision to carry out attacks during the conduct of hostilities are almost always defined in terms of conduct and not result (Article 8(2)(b) of the Rome Statute of the International Criminal Court). Yet it is common for critiques of such decisions to focus on attack results as proof of their alleged illegality. While such results are probative of compliance or non-compliance with international humanitarian law rules regulating the conduct of hostilities, they should rarely be indisputable. This article addresses the challenge of attaching probative value to attack results when assessing responsibility for alleged war crimes based on allegedly illicit attack decisions.

Horizontal and Vertical Integration of LOAC Into Military Academy Curriculum

Abstract This article signals the need for an integrated approach to curriculum development and implementation with a focus on a group of disciplines related to the Law of Armed Conflict (LOAC). By highlighting various teaching approaches of LOAC, I argue that there is a risk that LOAC be perceived by many non-legal practitioners, like the cadets, as difficult to grasp, interpreted and corelated with real situations they will face daily in operations, exercises or even during execution of routine peace-time duties. I support the idea that the LOAC, as a horizontal discipline in a military academy curriculum, need to be integrated dynamically, both horizontally (in relation to other operational disciplines) and vertically (along the academic path of a military cadet) into the overall construct of learning the basics of the profession of arms. To operationalise this finding, I propose an integrated educational model that suggests horizontal coordination of the academic schedule and enhanced cooperation among the teaching staff of the relevant disciplines.

The formation of criminal liability for the crime of aggression in international law at the end of the XIX - first half of the XX century

The subject of this study is an act of aggression as a crime, according to the provisions of international criminal and international humanitarian law. The article examines in detail the prerequisites for the formation of legal, in particular, international legal responsibility for the commission of acts of aggression. The author believes that the end of the XIX century became the starting point for the development of legal responsibility for the conduct of aggressive wars, as well as the nature of their conduct. Special attention is paid to the fact that the provisions enshrined in the Charter and the Verdict of the Nuremberg Tribunal have become imperative norms of international law in terms of fixing international crimes, as well as the principles of responsibility for their commission. It is separately noted that the verdict of the Tribunal became an act of increased strength of the people against the commission of crimes of aggression. The research methodology includes the use of such methods of legal science as historical, formal legal, systemic, as well as methods of analysis and dialectics. The novelty of this study lies in the fact that the work is a comprehensive detailed study of the process of establishing international criminal responsibility for the crime of aggression in the period from the end of the XIX century to the first half of the XX century. The author analyzes the historical and legal aspects of this process, considering various international documents, agreements and events of that time. The special contribution of the author of the study is expressed in the fact that based on an extensive analysis, the author, through the prism of legal doctrines, international norms and historical reality of the time period under consideration, draws conclusions about what factors influenced the development of understanding of the crime of aggression and why the legal status of criminal responsibility in this area began to form at that time.

Targeting Russian Oil Refineries

Abstract In March 2024, Ukraine significantly intensified its assaults on Russian energy infrastructures, deploying a multitude of long-range drones to hit Russia’s largest refineries. This led to a temporary halt in production at several of these facilities. The primary objective of these assaults was to diminish Russia’s military capacity. On the other hand, these actions inflicted damage on the Russian economy. Targeting refineries and oil depots has emerged as a contentious issue. The classification of refineries and oil depots as military objectives is legally not precise. These facilities are seen as essential infrastructure for the nation’s economy and machinery of war. Targeting oil depots or works and installations containing dangerous forces during an international armed conflict could result in significant environmental damage, raising questions about the principles of military necessity, distinction and proportionality. An attack must not cause excessive incidental civilian damage relative to the concrete and direct military advantage anticipated. This essay will explore the legal issues regarding targeting refineries and oil depots and a comprehensive analysis of the situation within the framework of International Humanitarian Law.