Provisions Of International Law Research Articles

Perlakuan terhadap Tawanan Perang dalam Hukum Humaniter Internasional dan Hukum Islam

In war, those who become prisoners of war must act as individuals as referred to in the 1949 Geneva Convention III. Meanwhile, according to Article 5, if there is doubt about the status of someone who is at war and falls into his hands. Enemy, that person must remain in custody until his status is determined by a court of competent jurisdiction. In Islam, the rules of Islamic warfare refer to what the Islamic scholars accept in sharia (Islamic law) and fiqh (Islamic law) as laws in Islam that Muslims must follow when fighting each other. Especially in the treatment of prisoners of war and the process of protecting their rights through law. This study uses the standard legal method in which the author examines the provisions of international law and examines all crimes committed by the military against war prisoners of enemy countries. Outside the Abu Ghraib prison, Iraq, which is currently associated with the rights contained in Islamic law. The data collection method in this study uses survey data. There are similarities and principles in the treatment and protection of prisoners of war according to humanitarian law and Islamic law, namely the provisions regarding prisoners of war in Islamic law are in line with the Geneva Convention III of 1949 and Additional Convention I of 1977 which recognize that respect, security guarantees for prisoners of war, and medical care for prisoners of war. According to the principles of management of prisoners of war in the Qur'an, particularly in sura al-Baqarah verse (190) as three principles of international humanitarian law.

Examining Lethal Autonomous Weapons through the Lens of International Humanitarian Law

Technological growth and advancement, coupled with the advent and expansion of the Fourth Industrial Revolution, has brought about the invention of products that facilitate and enhance human life. Artificial intelligence and Machine Learning have permeated virtually all sectors of the world and have received both positive and negative feedbacks. Undoubtedly, the human race is yet to keep up with the accelerating expansion of the Fourth Industrial Revolution. Artificial Intelligence being a subset of the Fourth Industrial Revolution is packed with enormous benefits which shall be accrued to participating states, and one of these benefits is the Lethal Autonomous Weapons (LAWs) otherwise known as Autonomous Weapons Systems (AWS) or “killer robots”. Since the inception of LAWs, researchers, lawyers, IT experts, and scientists have opposed its adoption, urging the international community to impose strict laws on states utilising it. The invention of AI programmed weapons is not the subject matter of contention, rather, the ground for opposition is the “autonomy” granted to the weapons. These machines can function without human oversight and are programmed to be unpredictable. International Humanitarian Law opposes the use of weapons that pose threats to the civilian population, of which LAWs is inevitably a part of. LAWs defile ethical and legal positions. These weapons are so accurate and swift that they can destroy hundreds of humans in a couple of minutes and countries in possession of these machines could use them without recourse to the victims. This research work investigates the threats and risks posed by Lethal Autonomous Weapons to the Society. It analyses International law provisions in respect to LAWs and feasible measure to curb the use of LAWs across the globe.

Stan obecny i perspektywy przyjęcia przez Serbię nowego prawa prywatnego międzynarodowego

The Yugoslav Act of 1982 on resolving conflict of laws with regulations of other countries is still in force in the Republic of Serbia. The law drafted over 40 years ago was considered as innovative at the time of its adoption. At present, the Serbian academic community signals the need to update the current provisions of private international law, both in the spirit of approximation with the law of the European Union and in the need to better embed this law in the present legal order of the Republic of Serbia. The draft of a new act on private international law, prepared in 2014, was not adopted yet, although it was not formally rejected as such in Serbian legislative procedures (as of April 13, 2023) either. Though not formally binding, the draft law has been cited in recent years in the Serbian law journals, being an important point of reference for considerations on questions related to private international law in Serbia. It must be admitted that the progressive Serbian academic community turned out to be an active inspirer, creator and is now also a tireless advocate of changes in the field of private international law in Serbia.Serbia, which has been an EU candidate since 2013, has no particular obligation to introduce specific solutions in the field of private international law into its national law neither before nor after accession. EU law in the field of private international law is contained in regulations that will be automatically and directly applicable in Serbia when it becomes a member of the European Union. This is a dilemma whether to adopt the provisions which, in principle, will have to be repealed after the accession. At the same time, there are several benefits of approximating the law before the accession, including accustoming legal practitioners in Serbia to apply solutions similar to those in the EU, and increasing legal certainty by applying similar solutions of private international law in transactions between entities from Serbia and the European Union (regardless of the accession prospects).The author describes and summarizes the current state of regulations in Serbian private international law and analyses the main changes proposed in the draft law of 2014. The article also presents agreements binding Serbia in the field of private international law, including the still binding 1960 Polish-Serbian agreement.

Energy policy of the Republic of Turkey: expansion in the Eastern Mediterranean

The article analyzes the modern energy policy of the Republic of Turkey in the Eastern Mediterranean, conducted in line with the center-right ideology of regional dominance. The authors state that the main reason for the emergence of interstate contradictions in the region is the formation of national states in the first half of the last century, whose administrative borders were drawn up and recognized without taking into account ethnic characteristics and centuries-old economic traditions. Another important reason is the desire of official Ankara and the Turkish big business that has taken shape over the past two decades to strengthen its influence in neighboring countries and territories. Modern Turkey, deprived of its own islands in the waters of the eastern Mediterranean and Aegean Seas, insists on revising a number of provisions of international maritime law, which increases the level of tension in the region as a whole, and in Turkish-European relations in particular. The article also emphasizes that the unresolved important interstate problems in the Eastern Mediterranean and Turkey’s active policy in this region opens up new opportunities for the Russian oil and gas business, which require their own balanced expert assessment.

REPRESENTATIONS OF POLISH REGIONS IN BRUSSELS WITH SPECIAL REFERENCE TO THE REGIONS OF NORTHERN POLAND. LEGAL STATUS AND FUNCTIONING

Representation of the interests of Polish regions (voivodeships) in the European Union (Brussels) acquired significant importance in economic and political terms primarily in connection with Polands accession to this international organization in 2004 and the possibility of benefiting from EU funds. The legal and organizational challenge for Polish local government units was the correct legal compliance with the law of the establishment of a foreign representative office and its operation. The purpose of the article was to present the current legal status of the functioning foreign representative offices of Polish local government units in Brussels with particular emphasis on the regions of Western Poland. The article presents legal models for the creation of structures of regions in a situation where the provisions of national or public international law do not directly refer to this problem. The analysis of the problem was made primarily on the basis of the Polish provisions of constitutional acts concerning regions, internal normative acts, doctrine and the authors own research in the form of public information.

The Urgency of War Crimes Regulation in Indonesian Criminal Law

Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.

Pertanggungjawaban Negara China Akibat Pencemaran Di Laut China Selatan Dalam Prespektif Hukum Lingkungan Internasional

Introduction: One of the satellite imagery analysis companies, Head Of Simularty, based in the United States, found that there has been pollution to the marine environment in the South China Sea area, precisely in the Spratly Islands, namely the coral island of Whitsun Reef which is still part of the Exclusive Economic Zone of the Philippines.Purposes of the Research: Aims to find out and analyze the regulation of international law on pollution in the South China Sea and to find out and analyze the form of accountability of the Chinese State due to marine pollution carried out under international environmental law. Methods of the Research: This legal research uses normative juridical research, case approach, statutory approach, and conceptual approach, primary and secondary legal materials, legal material procedures using primary legal materials which are then associated with secondary legal materials and processing and analysis of legal materials using qualitative descriptive analysis.Results of the Research: The results showed that China had violated international environmental law obligations as stipulated in the Stockholm Declaration 1972, Rio Declaration 1992, UNCLOS 1982 and MARPOL 73/78. Furthermore, marine pollution carried out by the State of China in the territory of the Exclusive Economic Zone of the Philippine State has opposed the provisions of international environmental law as stipulated in the 1972 Stokcholm Declaration and UNCLOS 1982 which states that it prohibits any country from taking acts of pollution against the environment against both its own territory and in the jurisdiction of other countries. Therefore, it is necessary to have accountability efforts that must be carried out due to the pollution actions carried out.

Features of pre-trial investigation of crimes against sexual integrity of children, committed in conditions of armed conflict

The relevance of the article is due to the fact that many children have been taken out of the country since the beginning of the full-scale invasion, and the purpose of the people who facilitated their movement across the state border was not always good.
 Also, today our law enforcement and judicial system does not have access to the temporarily occupied territories, which contributes to the commission of crimes related to the violation of sexual freedom and integrity.
 The purpose of the article is to develop recommendations for optimizing the pre-trial investigation of crimes against the sexual integrity of children committed in the context of armed conflict.
 When gathering evidence in proceedings related to sexual violence related to armed conflict, one should take into account the obstacles that may stand in the way during: inspection of the scene of the incident (based on objective circumstances, it may be impossible to reach and conduct an inspection of the scene of the incident due to its destruction, location in the temporarily occupied territory or in the combat zone); interrogation of witnesses and victims (the whereabouts of witnesses may be unknown or they may be out of reach (go abroad or to another area); the victim may be depressed, refuse to testify due to despair that the offender will be punished , or because of the fear of his revenge; the interrogation of minors or juvenile victims and witnesses may be complicated due to the impossibility of fulfilling the requirements of Article 226 of the Criminal Procedure Code of Ukraine and applying the "Green Room" technique); taking readings of technical devices and technical means that have the functions of photo, film, video recording, or photo, film, video recording; obtaining samples for examination (a long time may pass from the moment of sexual violence, in connection with which, in particular, traces of biological origin may be destroyed).
 It is concluded that sexual violence against children is covered by the concept of "violation of the laws and customs of war" and can be qualified under Art. 438 of the Criminal Code of Ukraine with mandatory consideration of the provisions of international humanitarian law.
 It is also important to consider the obstacles that may stand in the way of bringing to justice persons who are reasonably suspected of committing crimes of the specified category.

The right to food and substantive equality as complementary frameworks in addressing women's food insecurity

AbstractIn international human rights law, the right to food has become a widely accepted legal and normative framework for tackling the problem of food insecurity. However, as currently formulated, the right to food is insufficient as a framework to tackle gender-specific barriers that impede women's access to food, which has contributed to the persistence of women's food insecurity globally. While the equal enjoyment of the right to food is guaranteed by the non-discrimination and equality provisions in international law, this notion of equality, associated with the formal equality approach, fails to recognise and address women's historical experience of systemic discrimination. This article argues that women's food insecurity should be approached from a broader formulation of the right to food that is informed by a substantive equality perspective, drawing from contemporary interpretations and elucidations by human rights bodies which have pushed for a more substantive notion of equality.

TNI MARITIME DIPLOMACY TO MAINTAIN REGIONAL SECURITY STABILITY IN THE FRAMEWORK OF MAINTAINING STATE SOVEREIGNTY

Indonesian maritime diplomacy is the implementation of foreign policy that is not only related to various maritime aspects at the bilateral, regional and global levels but also uses maritime assets, both civil and military to fulfill Indonesia's national interests in accordance with the provisions of national law and international law. The use of military assets in Indonesian maritime diplomacy is carried out by the Indonesian Navy as one of the main components of national defense which besides having duties in the field of defense and security at sea, also carries out naval diplomacy duties in order to support foreign policy policies set by the government. The objectives of this study are (1) to analyze the cooperative maritime diplomacy of the TNI in order to maintain regional security stability in order to maintain state sovereignty; (2) Analyzing the TNI's persuasive maritime diplomacy in order to maintain regional security stability in order to maintain state sovereignty; (3) Analyze the TNI's coercive maritime diplomacy in order to maintain regional security stability in order to maintain state sovereignty. This study used descriptive qualitative method. The results of this study are (1) The facilities and infrastructure that are owned are still limited, Pusinfomar TNI as the TNI's Balakpus Puspa which is still young is facing a long challenge to become a maritime security data center at the national and international level in supporting the TNI's cooperative maritime diplomacy tasks. Awareness of the importance of maritime information data has not grown nationally so that maritime data has not been properly managed between agencies and Ministries/Agencies and there has not been an exchange of information with regional countries in supporting the TNI's maritime diplomacy tasks through information exchange cooperation with domestic maritime data centers and regional countries Indo-Pacific; (2) The implementation of TNI's persuasive maritime diplomacy in the form of sea security training courses has not been carried out with all regional countries, especially with Vietnam and China, it is necessary to carry out training sessions with the two countries as a form of cooperative maritime diplomacy by using sea power assets in peacetime and building CBM in accordance with their respective national interests as well as to show Indonesia's role as the largest country and founder of ASEAN; (3) The bilateral and multilateral Patkor has not yet been fully implemented as a form of coercive maritime diplomacy between the TNI and neighboring countries in the face of the vastness of Indonesia's sea boundaries and the strategic bangling situation in the Indo-Pacific region, especially in the SCS region where ZEEI LNU borders with ZEE Vietnam and Malaysia

Sengketa Laut China Selatan yang Bersinggungan Dengan Zona Ekonomi Ekslusif Indonesia di Utara Kepulauan Natuna, Provinsi Kepulauan Riau

The purpose of this research is to describe China's unilateral claims in the South China Sea through the nine-dash line map that intersects with Indonesia's EEZ in accordance with UNCLOS 1982 where Indonesia finally took a stand on China's unilateral claims in the South China Sea in the northern sea of Natuna. It is hoped that this research can be useful as a basis for the development of science, especially in the field of international maritime law. This research uses a normative legal research method with statue approach and a case approach where various literature is related as secondary data that will strengthen the research arguments. Indonesia's relationship with China is heating up because China's unilateral claim in the waters of the South China Sea through a nine-dash line map is intersecting with the territory of Indonesia's maritime zone, the Exclusive Economic Zone of Indonesia in the Northern Natuna Islands of Riau Islands Province which has been recognized according to the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The results showed that the nine-dash line claims by China did not comply with UNCLOS 1982, a misunderstanding between Indonesia and China led the two countries to mediate and requested that China respect the provisions of international law, especially UNCLOS 1982 as the world maritime constitution.

Siri'na Pacce: a Form of Fulfilling Women's Rights through the Conduct of Responsible Fisheries

Conservation of fish resources aims to protect fish species, maintain fish species diversity, protect ecosystems, and utilize fish resources in a sustainable manner. This study aims to analyze the legal protection of women's empowerment in the conservation of fish resources with the siri'na pacce philosophy of the Makasssar tribe. This study uses a qualitative approach, which is elaborated by using legal norms based on the provisions of international law and national law. The results of this study show that women's empowerment in the conservation of fish resources is protected by international and national laws, so that women in Takalar Regency, South Sulawesi, are entitled to legal protection from misbehavior. discriminatory on any basis, to empower instilling children and families' care in conserving fish resources with the Siri'Na Pacce philosophy of not doing Siri' Mappakasiri'siri' which can prevent someone from doing things that are contrary to the law, norms that live in society, and other things that can harm humans and humanity itself, especially in the protection, utilization, and conservation of fish resources.

THE RESPECT FOR FUNDAMENTAL HUMAN RIGHTS DURING AND AFTER THE RUSSIAN-GEORGIAN WAR

The normative and practical value of protecting civilians during armed conflicts and respecting the exercise of human rights and fundamental freedoms even in international armed conflicts is an undeniable one. Changing the forms and means used in armed struggles leads to violations of the provisions of international humanitarian law. The case-law of the European Court of Human Rights in the case of Georgia v. Russia has made a connection between the fundamental rights included in the Convention for the Protection of Human Rights and Fundamental Freedoms and the rights protected by the laws of armed conflicts, a decision of particular importance in the current security context in South-Eastern Europe

Criminological Analysis of Determinants of Criminal behavior

Understanding the essence of the criminogenic contamination of the person and the ways and possibilities of influencing it is a key to increasing the effectiveness of preventive activities of society and the state in order to reduce the likelihood of committing a criminal offense. This article analyzes the process of determination of criminal conduct. The empirical basis of the scientific article was the provisions of normative legal acts of Ukraine, the provisions of international law, in particular, regarding the determinants of criminal behavior of a person. During the study, general scientific methods of analysis and synthesis, a historical and systemic approach were used. The authors argue that the reasons for criminal conduct are individual and can vary significantly on a case-by-case basis. Its dependence on both biological and social factors is stated. The combination of pathological heredity, social environment, and political and economic factors can cause criminal behavior. At the same time, the psychological aspects of illegal acts are taken into account within almost all criminological theories to a greater or lesser extent. As a result, it is possible to answer a number of questions about the determination and nature of criminal behavior, the reasons for the commission of criminal offenses, the peculiarities of the functioning of the mental sphere, psychological problems, complexes, etc. This research can be useful when improving the methods of crime prevention, identifying offenders, and investigating criminal cases. It was concluded that the processes and phenomena of the own organism and the surrounding reality are perceived and refracted through the psyche of the person himself, that is, subjective.

The return of historical monuments removed from the territory of Ukraine after 2014. Problems of archaeological research in times of war

The relevance of the research is conditioned upon the increase in the national consciousness of the Ukrainian nation, a new stage of the national revival of the Ukrainian state and consolidation of the Ukrainian people against the background of the full-scale invasion and occupation of Ukrainian territories. The purpose of this research is to explore the level of threat to the national historical and cultural heritage in Ukraine, including the temporarily occupied territories. The research methodology used in this work is a comprehensive combination of quantitative and qualitative analysis of archaeological and cultural monuments, and the following methods: ascent, synthesis, analysis, comparison, and the axiomatic method. As a result of the study, the main regions of historical and cultural monuments in the temporarily occupied territories and in the areas where hostilities are conducted were explored. The research examines the competent opinion of leading Ukrainian historians and archaeologists on the main problems of archaeological research and the restitution of the treasures of Ukrainian culture temporarily seized by the occupier. The legal foundations of such restitution are established in the context of the main provisions of national and international humanitarian law. These circumstances were the prerequisites for the cancellation of the decision of the District Court of Amsterdam in favour of the Ukrainian party. It is substantiated that the position of the authorities of the Kingdom of the Netherlands does not comply with the statute of legal identity and independence of the State and ignores the inviolability of property rights. Although, in turn, the country is based on the declaration of compliance with international law on the legal immunity of the state and its property, as established by the 2004 UN Convention. The conclusions presented based on them contain updated scientific knowledge on the areas of restoration of a fair legal status to the historical and cultural heritage of the Ukrainian nation and bring to science relevant scientific and practical recommendations for improving the current legislation of Ukraine in the field of museum and archaeological science

Enforcement of Choice of Court Agreements Granting International Jurisdiction to Albanian Courts

This paper aims to critically analyse the formal and substantive validity of choice of court agreements in favour of Albanian courts. The provisions of the Albanian Private International Law and their implementation by Albanian courts are in the focus. However, considering that the Albanian Private International Law provisions are approximated with the EU acquis communautaire and since the provisions on choice of courts agreements are drafted in terms that are fully compatible with the Council Regulation 44/2001 of December 22, 2000 "On Jurisdiction, Recognition and Implementation of Judicial Decisions in Civil Matters and Trade” (Brussels I Regulation), the interpretation of the Albanian law provisions is also done in the light of the case law of the Court of Justice of the European Union. After a thorough analysis of the Albanian Private International Law provisions concerning choice of court agreements and of the Albanian case law, the paper concludes that they are not always interpreted and applied correctly and that the rich case law of the Court of Justice of the European Union can provide valuable guidance.

Reflections on Religious Freedom and Security in Europe – 2019 OSCE Guidelines

Freedom of thought, conscience and religion as one of the fundamental freedoms and human rights, the source of which is inherent, inalienable and inviolable human dignity, is guaranteed in addition to the provisions of international law also in documents issued by the Conference/Organization for Security and Cooperation in Europe (CSCE/OSCE). They emphasize a clear link between religious freedom and the need to ensure security. Of special importance to this issue are the political guidelines: Freedom of Religion or Belief and Security: Policy Guidance, which are entirely devoted to this subject in accordance with the concept of comprehensive security. The document formulates guiding principles, practical tips and recommendations on many important issues related to freedom of religion or belief and security in the OSCE region. In the study, the content of the indicated document was analyzed and an attempt was made to evaluate it. This allows for the conclusion that ensuring religious freedom is an important element in ensuring security.

Israel's International Legal Responsibility for Human Rights Violations in the Occupied Palestinian Territory In accordance with the provisions of international law

The West Bank, Gaza Strip, and the city of Jerusalem are occupied territories occupied by Israel following hostilities in the 1967 war. Israel was a State party to the Fourth Geneva Convention of 1949, which refused to apply it to the occupied territories since the common article I of the four Geneva Conventions showed respect for and universal adherence to the principles contained therein. However, Israel has not complied with this but has committed serious violations of the rights of Palestinian citizens, criminalized under the Rome Statute of the International Criminal Court. The research aims to hold Israel internationally responsible for its illegal actions in the occupied Palestinian territories for violating the provisions of international law and resolutions of international legitimacy. The importance of the search for international criminal and civil accountability of Israel for its human rights violations in the Occupied Palestinian Territories is important, as Palestine's accession to the International Criminal Court comes as an important step in terms of ending the impunity of Israeli war criminals in addition to prosecuting them wherever they are regardless of their nationality and the place where the crime was committed in accordance with universal jurisdiction. The problem of the research revolves around: How long will Israel remain without international accountability for its violations of the rights of citizens in the Occupied Palestinian Territory? The researcher followed the descriptive and analytical approach and reached a set of conclusions and recommendations, the most prominent of which are: holding Israel internationally responsible for its internationally wrongful actions in the occupied Palestinian territories represented by the violation of international obligations. Among the most prominent recommendations are the implementation of the recommendations of Amnesty International's report regarding the call of the International Criminal Court to consider the crime of apartheid as part of its investigations into the Palestinian situation before it and that all States exercise universal jurisdiction to bring the perpetrators of apartheid crimes to justice.

International protection of older persons during armed conflicts

In the article is was analyzed the provisions of international humanitarian law (Convention (IV) relative to the protection of civilian persons in time of war (1949), Commentary on the Convention (1958) etc.) regarding the protection of the older people It is noted that international humanitarian law provides protection to the older people as members of the civilian population, because it is not based on categories of persons and protects all persons who do not take part in hostilities. It is indicated that the provisions of the Convention (IV) relative to the protection of civilian persons in time of war (1949) contain norms that directly affect the older people, in particular, regarding the creation of sanitary and safe zones and areas that make it possible to protect the older people from the consequences of the war; conclusion of local agreements on evacuation from besieged or surrounded areas, including the older people. Emphasis is placed on the question of determining the specific age of the older people, and it is noted that in the commentary to the Fourth Convention, the Conference refrained from defining a specific age, preferring to leave this issue to the discretion of governments. Attention is paid to the issue of violations of the rights of the older people during armed conflicts (pushing elderly people who could not run back into burning houses; cruel treatment during departure or in camps for displaced persons; problems with registration and receiving humanitarian aid; execution of older people etc.). It is noted that older people who have become victims of armed conflicts in many parts of the world face serious problems and obstacles. Factors affecting the vulnerability of older people during armed conflicts are outlined (being in war zones due to the inability to evacuate or protect family property; limited mobility; isolation; loss of contact with family etc.). Attention is focused on the problems in this area. Appropriate conclusions are drawn.

Protection of property rights under special legal regimes

In the scientific article, based on the analysis of scientific sources, the provisions of the current legislation and the practice of its application, with the help of general scientific and special methods of knowledge, the essence of property rights is revealed, and their characterization is carried out. It has been proven that the conceptual principles and provisions of the legislation, which should be relied upon when solving issues related to property rights, along with the norms of private and public law, are also contained in the provisions of international humanitarian law, which regulates the relevant legal relations in conditions of war. Attention is focused on the fact that in the event of a military conflict, the state is obliged to introduce appropriate legal mechanisms for compensation of the value of property, housing, land, in case of failure to ensure the possibility of returning to it or its destruction. It was concluded that it is necessary to develop and introduce a comprehensive law that will take into account all aspects of legal relations regarding ownership, use and disposal of property by individuals and legal entities.