“The main problems of international humanitarian law in the modern world are the fight against terrorism and organized crime, challenges caused by asymmetric conflicts, the use of private military and security companies, the use of new weapons technologies and disrespect for IHL norms. In an interview with UA.NEWS, the lawyer of Dynasty Law & Investment Oleksiy Grachov told about this. The expert analyzed in detail the nuances associated with each challenge”, — write on: ua.news
The main problems of international humanitarian law in the modern world are the fight against terrorism and organized crime, challenges caused by asymmetric conflicts, the use of private military and security companies, the use of new weapons technologies and disrespect for IHL norms. About this in interview UA.NEWS was told by the lawyer of Dynasty Law & Investment Oleksiy Hrachov. The expert analyzed in detail the nuances associated with each challenge – read the details further in our material.
Fight against terrorism and organized crime
One of the key challenges of international humanitarian law is whether its norms can be applied in operations against terrorists as well as organized crime. After all, there are questions about whether these actions can be considered an armed conflict within the framework of IHL, what is the geography of the conflict, what is the legal status of the suspects in terrorist attacks, and whether IHL guarantees for civilians or combatants apply to them.
“The declaration of a “war on terrorism” and subsequent military campaigns against terrorist groups in various countries of the world – in Afghanistan, Yemen, Somalia – called into question the application of IHL norms to these operations. Similar legal dilemmas regarding the application and interpretation of the norms of international humanitarian law arise in the context of armed conflicts of a non-international nature, in particular, when states conduct operations aimed at ensuring national security, such as the fight against transnational organized crime.”
Attorney at Dynasty Law & Investment
International humanitarian law and asymmetric conflicts
Asymmetric conflicts, which have become quite common since the Cold War, are another challenge for international humanitarian law. The nature of such conflicts and the disproportion of forces between states and non-state armed groups have provoked increased risks for civilians and increased the number of cases of non-compliance with the principles of distinction and other norms of international humanitarian law.
“The significant technological and military superiority of state actors has forced non-state armed formations to use non-traditional methods of warfare, such as merging with the civilian population and guerrilla tactics. This led to an increase in the risk to the civilian population and made it difficult to observe the principles of IHL… The inability of the state armed forces to accurately identify the enemy among the civilian population leads to a violation of one of the fundamental principles of international humanitarian law – the principle of distinction. This creates a significant risk of accidental casualties among the civilian population and undermines confidence in compliance with IHL norms by all parties to the conflict.”
Attorney at Dynasty Law & Investment
In addition, non-state armed formations resort to systematic violations of humanitarian law due to the inability to respond proportionately to enemy attacks.
“The inability to overcome the advantage of the enemy by assault encourages non-state armed formations to systematically violate the norms of international humanitarian law. Typical examples of such violations are: treachery, using the civilian population as a shield, carrying out indiscriminate attacks and attacks on civilian objects, which directly contradicts the principle of distinction.”
Attorney at Dynasty Law & Investment
Private military and security companies andinternational humanitarian law
The activities of private military and security companies, despite stereotypes, are subject to regulation by IHL, international human rights law and the national legislation of the states on whose territory they operate. For example, IHL provides that civilians who are officially authorized to accompany armed forces are entitled to special protection in the event of capture. However, in practice, states often distance themselves from the actions of PMCs that they have involved in armed conflict.
“The last decade has been characterized by a significant expansion of the role of private military and security companies (PMSCs)… The activities of some PMSCs are so closely integrated into hostilities that their personnel risk losing their civilian status and being classified as combatants, or even as mercenaries, which implies a special responsibility under IHL. Delegation by the state of its military functions to private companies does not exempt it from international legal responsibility. The state remains a subject of IHL and is responsible for the actions of the PRC acting on its behalf or under its control.”
Attorney at Dynasty Law & Investment
New weapons technologies
Today, in many wars, the parties use the latest weapons and innovative technological solutions – and this creates significant difficulties for the interpretation and implementation of IHL norms.
“In many modern armed conflicts, there is a rapid complication of military operations and weapons systems to an unprecedented level, characterized by the coordination of a significant number of interconnected human and technological resources on a global scale. This trend, together with the implementation of the latest technologies, such as remotely controlled weapons systems, means of conducting cyber warfare, nanotechnology and weapons systems with an increased level of autonomy, creates significant difficulties for the interpretation and implementation of IHL norms.
Attorney at Dynasty Law & Investment
Disrespect for international humanitarian law
Although international humanitarian law requires the improvement of a number of provisions, the main challenge of IHL today is non-compliance with its norms.
“I would still call disrespect for IHL the main challenge… Indeed, some areas of IHL need further strengthening for better protection of persons who suffer from the effects of modern armed conflicts. However, the most urgent humanitarian need is not to adopt new rules, but to ensure actual compliance with the existing legal framework. Despite the need for further codification and progressive development of international humanitarian law, the most urgent problem is ensuring the effectiveness of existing legal mechanisms. The real protection of the rights of victims of armed conflicts depends on this.”
Attorney at Dynasty Law & Investment
Despite the fact that international humanitarian law is one of the most developed areas of international law, its basic principles and norms continue to be neglected.
“Today, IHL is one of the most developed branches of international law, which has a significant volume of codified norms and a high level of ratification by states. However, as they say in one of the three-letter bodies, the degree of compliance with IHL norms, which we observe in our own example, “causes concern”
Attorney at Dynasty Law & Investment
Read also:
TOP-5 challenges of international humanitarian law in the modern world: interview with the lawyer of Dynasty Law & Investment Oleksiy Hrachov
War by rules. Dynasty Law & Investment attorney Oleksiy Hrachov on the basic principles of international humanitarian law