Violation Of Humanitarian Law In Armed Conflicts (The Situation In Occupation Of Ukraine And Izrael-Hamas Conflict)

Abstract

Human security, the protection of people in armed conflicts has been and will remain a concern for humanity, institutions and international organizations. Since ancient times there have been attempts to exclude different categories of civilians from the effects of war, so in a way wanting to minimize the damage of war, humanity has tried to humanize war, by issuing some norms widely accepted by all influencing factors, national and international, to be implemented by the parties during armed conflicts. Precisely these issues are at the foundation of international humanitarian law, which aims to protect life and human security, defining the rules that must be implemented by the parties in conflict, as well as the consequences in cases of non-compliance with these established norms.

International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict (OHCHR 2011).

Seen from this point of view, humanitarian law consists of international legal rules created by treaties or by custom, the specific purpose of which is the solution of humanitarian problems that appear directly in armed conflicts of an international or non-international character and which, for humanitarian reasons, limit the rights of the parties to the conflict to use the methods and means of their choice, or that protect persons and property that are or may be affected by the conflict (Meurant 1987).

The vision of the United Nations Development Program on human security defines the main directions: economic, food, health and environmental security, personal, group and political security. The general goal is to expand the concept of security, not only as territorial security from external aggression, or as protection of national interests in foreign policy, but in guaranteeing human security. The purpose of this paper is to highlight violations of international humanitarian legal acts during armed conflicts. Descriptive, comparative and statistical methods are the main methods used during the treatment of the work.

Russia's unprovoked invasion of Ukraine, the conflict between Israel and Hamas, are the current evidence and concern of international institutions and organizations for the violation of human security at regional and global level. The international factor, through international organizations and institutions, military organizations and diplomatic means, demand the cessation of conflicts, and in cases where this is impossible, the respect of the implementation of rules, treaties, conventions adopted with a humanitarian character for the protection of the civilian population, civil centers, and the guarantee of human security.