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Category: lawlaw

International legal regulation of international conflicts

1.

International legal regulation of
international conflicts

2.

One of the main tasks of any state is to
ensure national security. Today, the most
important function of international
military activity is the prevention and
early suppression of any manifestations
of aggression and armed conflicts, and
such suppression is carried out not only
in land space, but also in space and in
the sea. Every year, military cooperation
between States and international
organizations is expanding in scope. My
master's thesis will focus on the
normative regulation of conflicts in
international law that occur with the use
of weapons. The article deals with issues
related to methods of warfare, prohibited
weapons, as well as the main
international agreements that establish
rules of conduct for parties involved in
armed conflict.

3.

If we compare the existing methods and means of
waging war at the present stage of development of
society and those that existed in the last century, we
can say with confidence that the methods and goals
themselves, as well as the nature of wars, have
undergone significant changes. To date, we almost
do not hear the term "war" used - much more often
on television in news programs we hear "armed
conflict". Moreover, such a conflict can be both
internal (non-international) and international
(external). States that are among the world leaders
(the g-7 countries, etc.) currently have the most
powerful nuclear potential: every year, nuclear and
other types of weapons of mass destruction are
developed and produced on a colossal scale, and the
entire human civilization suffers damage from them.
Unfortunately, at the moment, many States ignore
the ban on the use of armed forces in international
relations, often using them to resolve disputes that
arise. The current acute situation has led to the need
for legal regulation and humanization of the totality
of public relations that arise between conflicting
parties at the international level.

4.

If we compare the existing methods and means of
waging war at the present stage of development of
society and those that existed in the last century, we
can say with confidence that the methods and goals
themselves, as well as the nature of wars, have
undergone significant changes. To date, we almost do
not hear the term "war" used - much more often on
television in news programs we hear "armed
conflict". Moreover, such a conflict can be both
internal (non-international) and international
(external). States that are among the world leaders
(the g-7 countries, etc.) currently have the most
powerful nuclear potential: every year, nuclear and
other types of weapons of mass destruction are
developed and produced on a colossal scale, and the
entire human civilization suffers damage from them.
Unfortunately, at the moment, many States ignore the
ban on the use of armed forces in international
relations, often using them to resolve disputes that
arise. The current acute situation has led to the need
for legal regulation and humanization of the totality
of public relations that arise between conflicting
parties at the international level.

5.

The existing set of international treaties
and agreements in the field of
regulation of armed conflicts has led to
the need to systematize these norms,
which is why, in international law, a
conditional branch called "the law of
armed conflicts" has appeared.
This industry is based on the most
important rules of conduct that are
mandatory for the parties to any armed
conflict. The rules determine the areas
in which military legislation and
customs should be improved. This is
justified by the fact that various
changes are constantly taking place in
the military-technical industry. Let's
list the main ones on the next slides.

6.

1) the Parties directly involved in the
conflict are restricted in their right to
choose the means and methods of
warfare: international law strictly
prohibits the use of such methods and
weapons that cause excessive
destruction, causing huge damage to
infrastructure, as well as weapons that
cause the greatest suffering to people.
2) those who do not participate in
hostilities (wounded, sick, prisoners of
war, and civilian civilians) have the
right to respect and protection in all
circumstances.
3) the right of the civilian population to
humane treatment is inviolable: no one
should encroach on their lives, it is
forbidden to use any kind of torture and
ill-treatment of civilians, to take them as
hostages.

7.

4) it is the responsibility of the armed forces to
draw a clear distinction between civilians and
combatants, as well as between civilian and
military installations. Any attacks on civilians
and objects are prohibited, and a lenient
regime should be applied to the civilian
population. As for civilian objects,
international law prohibits the destruction of
those resources on which the survival of the
civilian population depends: food supplies,
Pets, drinking water supplies.
5) the Parties are obliged to provide
appropriate medical care to the wounded and
sick, and medical personnel and clergy have
the right to respect and protection. The
symbols of the red cross and red Crescent are
also respected, and cases of misuse or misuse
of these emblems must be stopped and
punished.
6) the parties to the conflict are obliged to
agree to conduct operations related to the
provision of assistance to the civilian
population.

8.

In the previous slides, I mentioned the
fundamental rules of conduct for
parties to armed conflicts. It is also
worth noting international legal
sources that contain rules governing
military conflicts at the international
level. First of all, we should highlight
the four Geneva conventions for the
protection of victims of war, adopted
in 1949. The conventions apply to all
armed conflicts that are not
international in nature. The
conventions recognize partisans as
combatants and prohibit the
destruction of private, public, or other
property unless such destruction is a
military necessity.

9.

As for the territorial issue of armed
conflicts, there are also limitations: all
military actions are carried out strictly in a
certain space, which is called the "theater
of war". This is the territory where warring
States actually conduct military
operations. It is important to emphasize
that the territory of neutral States, and
those that are not parties to the war, cannot
be used for conducting military operations.
As an example, you can name the
following similar territories: - Strait of
Magellan (Treaty between Argentina and
Chile, concluded in 1981);- Suez canal
(Constantinople Convention of 1888); Svalbard archipelago (under the Paris
Treaty of Svalbard of 1920); - Antarctica
(under the Treaty of 1959).
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