MODERN UNDERSTANDING OF INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS PROTECTION
MODERN UNDERSTANDING OF INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS PROTECTION

Summary/Abstract: The presented work analyzes the relationship between international humanitarian law and human rights, where it is determined that inter-national humanitarian law applies only in the event of an armed conflict. The thesis is defended that the application of the norms of international humanitarian law is determined only by the presence of objective conditions and does not depend on how the warring parties themselves qualify the situation. If an armed conflict occurs between two or more states, such a conflict is qualified as international, even if the warring parties do not recognize the state of war. In the event of an international armed conflict, the four Geneva Conventions and Additional Protocol I are applied. In the event of an armed conflict of a non-international nature that reaches a certain degree of intensity, Additional Protocol II and Article 3 common to the four Geneva Conventions, which contain a set of detailed norms, are applied. International humanitarian law, by its very nature, is designed to be applied in armed conflict, it does not contain a general condition on the possibility of derogating from obligations regarding a number of rights that could be applied in the event of war. Human rights apply, in principle, at any time, that is, both in peacetime and during war. Most international human rights treaties contain provisions that allow states to take steps to derogate from their obligations regarding a number of rights in emergency situations, such as war or other emergency that threatens the life of the nation. Therefore, the realization of many human rights is possible only outside such emergency situations. However, obligations regarding certain human rights cannot be deviated from under any circumstances. Their implementation can never be suspended. These rights form the so-called immutable core of human rights. The invariable core of human rights, the obligations of which cannot be deviated from under any circumstances, does not include a whole series of norms that are provided for by international humanitarian law and which, therefore, will be applied even in individual emergency situations, the occurrence of which itself can serve as a basis for derogation from the same human rights obligations, for example, during war.

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