International law (international protection of human rights in peacetime and wartime). International protection of human rights Measures of international protection of human rights

In the 70-80 years. XX century as a special institution of modern international law has developed international humanitarian law, the purpose of which is to protect victims of armed conflicts. In general usage, the word "protection" means the provision of shelter, shelter, shelter; preservation from adverse influences. In international humanitarian law, the object of protection is necessarily a person, and it is provided in conditions of an armed conflict. Therefore, protection in the sense in which the word is used in international humanitarian law refers to any action whose purpose is to protect victims of armed conflict from possible danger, suffering and abuse of power.

International humanitarian law contains a set of norms designed to ensure a certain quality of life and respect for personal dignity for a person who is in the power of the opposing side, however, within the framework of the real, that is, taking into account military necessity. These norms stipulate that the person in question must be treated humanely and guaranteed basic security, since he may face arbitrariness on the part of the authorities in whose hands he is. That is why protection can only be granted subject to the consent of the relevant authorities, which are obliged to do so by international humanitarian law. The year 1864 was marked by the beginning of the codification, concretization and development of these norms on the initiative of Henri Dunant and then the International Committee of the Red Cross, of which he was one of the founders. Currently, the main sources of international humanitarian law are the four Geneva Conventions for the Protection of Victims of War of 12 August 1949:

· Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (I Geneva Convention);

· Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea (Geneva Convention II);

· Convention relative to the Treatment of Prisoners of War (III Geneva Convention);

· Convention for the Protection of Civilians in Time of War (IV Geneva Convention);

Protocol I Relating to the Protection of Victims of International Armed Conflicts;

Protocol II concerning the protection of victims of non-international armed conflicts.

And also the IV Hague Convention of 1907 and the Regulations on the Laws and Customs of War on Land, which is annex to it.

Along with universal international treaties, the sources of international humanitarian law are regional treaties, among which the most important for us is the Agreement on priority measures for the protection of victims of armed conflicts of September 24, 1993, concluded within the framework of the CIS.

The International Committee of the Red Cross prepared the text of the IV Geneva Convention and both Additional Protocols, and in 1965 adopted Resolution XXVIII entitled “Protection of Civilian Victims from the Scourge of War”.

On December 19, 1968, the UN General Assembly adopted the well-known Resolution 2444 (XXIII) "On Human Rights in the Period of Armed Conflicts", which served as an impetus for the adoption of a number of clarifying and developing international legal acts aimed at protecting victims of war.

A conflict is armed if at least one of the following actions is committed:

a) the invasion of the armed forces of one state into the territory of another state;

b) capture or injury of at least one combatant from the armed forces of the other side;

c) internment or forced capture of at least one civilian of another belligerent

Despite the fact that the law of war has existed for many centuries, the term combatant was determined only in 1977. Clause 2 of Art. 43 of Protocol 1 states: "Persons who are part of the armed forces of a party to the conflict (other than medical and religious personnel) are combatants, that is, they have the right to take direct part in hostilities." This right, as well as the status of combatants, are directly related to their right to be considered prisoners of war in the event that they fall into the power of the opposing side (paragraph 1 of article 44). He is obliged to comply with the rules of international law applicable in times of armed conflict and bears individual responsibility for any violations of these rules committed by him. But even such violations "do not deprive the combatant of his right to be considered a combatant or, if he falls into the power of the opposing party, his right to be considered a prisoner of war."

Based on Art. 4 of the III Convention, the following categories of combatants can be distinguished:

· The personnel of the armed forces of a party to the conflict, even if he considers himself to be subordinate to a government or authority not recognized by the enemy;

Personnel of other militias or volunteer corps, including personnel of organized resistance movements belonging to a party to the conflict and operating on or outside their own territory, even if that territory is occupied, if all these groups meet four conditions:

a) are led by a person responsible for their subordinates;

b) have a definite and clearly visible from a distance a distinctive sign;

c) openly carry weapons;

d) comply with the laws and customs of war in their actions.

Prisoner-of-war status is eligible for various categories of persons who do not fall under the definition of combatants above or who are not combatants.

These include:

· Persons taking part in spontaneous mass armed actions, when the population of an unoccupied territory, when the enemy approaches, voluntarily take up arms to fight the invading troops, without having time to form into regular troops, if they openly carry weapons and observe the laws and customs of war;

· Persons following the military forces, but not directly part of them (for example, accredited war correspondents);

· Members of the crews of merchant vessels and civil aviation crews of the parties to the conflict;

· Persons who are members of the armed forces and employees in civil defense organizations (Art. 67 of Protocol I).

Considering the issue of combatants, it is necessary to specially highlight the persons acting as part of the so-called irregular armed forces, and above all participants in the guerrilla war. Under partisans means persons organized in detachments that are not part of the regular armies, fighting mainly behind enemy lines in the process of a just war against foreign invaders and relying on the sympathy and support of the people. International law connects the assignment of each guerrilla individual to the status of a legal combatant with the fulfillment by him of a number of specific conditions, which I mentioned above when considering the question of the categories of combatants.

The regime of war captivity is designed to ensure not only the preservation of the life of a prisoner of war, but also the protection of his inalienable human rights. In this regard, it must always be remembered that prisoners of war are at the mercy of the enemy Power, and not of individuals or military unitswho took them prisoner (Article 12 III of the Convention). Consequently, the enemy state bears responsibility for everything that happens to prisoners of war, but this does not diminish, however, the individual responsibility of individuals in case of violation of the rules for the treatment of prisoners of war. The III Convention regulates in detail the procedure for keeping prisoners of war:

- their placement, provision of food and clothing;

- the requirement of hygiene and the provision of medical care;

- religious, intellectual and physical activities, etc.

In accordance with Art. The 122 belligerent countries are obliged to establish POW information bureaus, which must answer all questions related to POWs.

III Convention establishes the institution of trustees. Art. 79 provides that in all places of detention of prisoners of war, with the exception of those where there are officers, prisoners of war have the right to freely elect proxies by secret ballot to represent them before the military authorities. In camps for officers and persons equated to them and in mixed camps, the senior officer of the prisoner of war is recognized as a confidant. Taking advantage of the prerogatives and benefits listed in Art. 81, the confidants of prisoners of war promote their moral and physical well-being. It should also be noted that the parties to the conflict, for humane reasons, should try to repatriate prisoners of war, without waiting for the end of the war, and, if possible, on a reciprocal basis, that is, through the exchange of prisoners. Concluding the consideration of this issue, it should be emphasized that prisoners who do not have a recognized prisoner of war status, nevertheless, always have the right to the basic guarantees provided for in Art. 75 of Additional Protocol I.

If you look at the history of wars, you can see that the civilian population suffers most from the consequences of hostilities, and in the 20th century this situation has acquired a terrifying trend. Thus, during the First World War, 95% of the losses were military personnel and only 5% were civilians. During the Second World War, the picture turned out to be completely different: 75% of the losses were civilians and 25% - military personnel. In some modern armed conflicts, over 90% of casualties are civilians. These figures clearly demonstrate the need to protect individual civilians and the civilian population in general from the consequences of war.

The first attempt to define “civilian” and “civilian population” was undertaken by the authors of the IV Geneva Convention relative to the Protection of Civilian Persons in Time of War. According to Art. 4 the protection of this Convention covers persons who at any time and in any way are in the event of conflict or occupation under the authority of a party to the conflict or an occupying Power of which they are not nationals.

And the connections are:

a) citizens of any state not bound by the provisions of this convention;

b) citizens of any neutral state who are on the territory of one of the belligerent states, as long as the state of which they are citizens has normal diplomatic representation in the state in whose power they are;

c) citizens of any co-warring state (under the same condition);

d) persons protected by the other three Geneva Conventions: wounded, sick and shipwrecked, as well as prisoners of war.

Item 1, Art. 50 states: “A civilian is any person who does not belong to any of the categories of persons specified in Art. 4 III of the Convention and Art. 43 of this Protocol ”.

In other words, a civilian is any person who does not belong to the category of combatants.

According to Protocol I, the civilian population consists of all persons who are civilians.

In all circumstances, it is prohibited:

· Acts of violence or threats of violence, with the main purpose of terrorizing the civilian population;

· Attacks of an indiscriminate nature, regulated in detail by paragraphs 4 and 5 of Art. 51 of Protocol I;

· Attacks on civilians or individual civilians by way of reprisals;

· Using the presence or movement of civilians or individual civilians to protect certain points or areas from hostilities, in particular, in attempts to protect military objectives from attack or cover up hostilities, assist or prevent them. It is, of course, prohibited to use civilian famine as a method of warfare (art. 54).

· International humanitarian law recognizes two categories of armed conflict.

The quintessence of the provisions of international humanitarian law applicable in times of armed conflict are the following
Basic Rules:

1. Persons who are out of action (hors de combat) and those who do not take a direct part in hostilities have the right to respect for their lives, moral and physical integrity. In all circumstances, they have the right to protection and humane treatment without discrimination.

2. It is prohibited to kill or injure an enemy who surrenders or is out of action (hors de combat).

3. The wounded and sick should be picked up and provided with care by the party to the conflict in whose power they are. Medical personnel, institutions, vehicles and equipment are also subject to protection. The emblem of the red cross or red crescent denotes the right to such protection and must be respected.

4. Captured combatants (hereinafter referred to as combatants) and civilians in enemy-controlled territory have the right to respect for their life, dignity, personal rights and beliefs. They must be protected from violence and reprisals, they have the right to correspond with their families and to receive assistance.

5. Everyone is entitled to basic legal guarantees. No one should be subjected to physical or mental torture, corporal punishment, or cruel or degrading treatment.

6. The parties to the conflict and their armed forces cannot use an unlimited choice of methods and means of warfare. The use of such weapons and methods of warfare which, by their nature, may cause unnecessary loss or excessive suffering, is prohibited.

7. Parties to a conflict have a responsibility to distinguish at all times between civilians and combatants and, where possible, spare civilians and property. Neither the civilian population in general nor individual civilians should be targeted.

Theme plan:

I. International humanitarian law

1.1 The concept of "international humanitarian law"

1.2 Principles of International Humanitarian Law

1.3 Basic provisions of international humanitarian law

II. International humanitarian law in times of armed conflict

2.1 Basic rules of international humanitarian law in force during armed conflicts

III. International human rights protection system

3.1 International human rights bodies

3.2 Main mechanisms used by international human rights monitoring bodies

International humanitarian law - a set of norms that define the same human rights and freedoms for the international community. Establishing obligations of states to secure, ensure and protect these rights and freedoms and provide individuals with legal opportunities for their implementation and protection.

📖 Sources of modern international humanitarian law.

📖 Universal Declaration of Human Rights 1948

📖 International Covenant 1966 on civil and political rights

📖 1966 International Covenant on Economic, Social and Cultural Rights

📖 1979 Convention on the Elimination of All Forms of Discrimination against Women

📖 1965 International Convention on the Elimination of All Forms of Racial Discrimination

📖 1995 CIS Convention on Human Rights and Fundamental Freedoms

📖 1949 Geneva Conventions for the Protection of War Victims

📖 Other multilateral and bilateral international acts, many of which have been ratified by the Russian Federation;

Principles of International Humanitarian Law.

🔻 Equality and self-determination of peoples

🔻 Sovereign equality of states

🔻 Respect for human rights

🔻 Non-interference in internal affairs

🔻 The duty of the state in all circumstances to resolve any differences by peaceful means

🔻 State responsibility for aggression and other international crimes (genocide, racial discrimination, apartheid)

🔻 International criminal liability of individuals

Basic Provisions of International Humanitarian Law.

❗️ Protection of persons who have ceased to take part in an armed conflict: wounded, sick, shipwrecked, prisoners of war;

❗️ Providing protection to people who were not directly involved in hostilities: civilians, medical and spiritual personnel;

❗️ Providing protection to objects that are not used for military purposes: residential buildings, schools, places of worship;

❗️ Prohibition of the use of means and methods of warfare that do not distinguish between civilians and military persons and objects, and which cause them significant damage;

Features of International Humanitarian Law (found in the Unified State Exam):

✔︎ applies only during armed conflicts;

✔︎ is aimed at protecting the individual (as well as human rights law);

✔︎ acts in the system of legal norms (as well as human rights law);

✔︎ international humanitarian law protects persons who do not participate or have stopped participating in hostilities;

✔︎ norms of international humanitarian law come into force with the outbreak of an armed conflict;

Basic rules of international humanitarian law applicable in times of armed conflict.

📝 Persons who are incapacitated, as well as persons who do not take part in hostilities, have the right to respect for their lives, as well as for physical and mental integrity;

📝 Captured combatants (combatants) and civilians must be protected from any act of violence. The attack should only be directed at military objectives;

📝 It is forbidden to kill or injure an enemy who surrendered or stopped taking part in hostilities;

📝 The wounded and sick should be recruited and provided with medical attention;

📝 Everyone is entitled to basic judicial guarantees. No one can be subjected to physical or psychological torture;

📝 The right of the parties to the conflict and their armed forces to choose the means and methods of warfare is limited. It is prohibited to use weapons and methods of warfare capable of causing unnecessary destruction or excessive suffering;

The system of international protection of human rights.

The main mechanisms used by international bodies exercising control over the observance of human rights.

✔︎ consideration of complaints submitted to a committee or commission; the supervisory authority then makes a decision, expecting that the state concerned will comply, although there is no enforcement procedure for this;

✔︎ court cases. In the world, only three permanent courts are the bodies exercising control over the observance of human rights: 1. European Court of Justice human rights (Any person under the jurisdiction of a country that is a member of the Council of Europe can apply to it. Since 1998, its protection extends to citizens of the Russian Federation); 2. Inter-American Court of Human Rights; 3. International Criminal Court (considers crimes against a person);

✔︎ a procedure for submitting reports by the states themselves containing information on how human rights are respected at the national level; reports are openly discussed, including by non-governmental organizations, which, in parallel, prepare their alternative reports.

In 1945, the UN Charter was adopted, proclaiming as one of the goals of this organization the implementation of international cooperation in the humanitarian sphere, the promotion and development of respect for human rights and fundamental freedoms of all people without exception. This document was the main political and legal foundation for the subsequent cooperation of sovereign states and peoples in the field of human rights and freedoms.

Another important document was the Universal Declaration of Human Rights of 1948. For the first time in the history of mankind, they were formulated and recommended for implementation in all countries. fundamental human rights and freedoms, which are considered throughout the world as standards, models for relevant national legal documents (for example, sections of constitutions on the rights of citizens).

The creators of the Declaration, proclaiming the universal minimum of rights and freedoms, proceeded from their understanding of the level of development of human civilization as a whole. The Declaration is not a legally binding document and has the character of a recommendation to all peoples and states of the world. Nevertheless, its practical significance is very great.

At a minimum, everyone needs to know about the existence of the International Bill of Human Rights, which consists of the following documents:

1) the Universal Declaration of Human Rights known to you;

2) the International Covenant on Economic, Social and Cultural Rights;

3) the International Covenant on Civil and Political Rights, as well as the Optional Protocol to the latter Covenant.

International legal protection of personal freedom is also judicial protection. When all domestic methods and institutions have been exhausted, a citizen has the right to appeal to international judicial bodies, for example, to the European Court of Human Rights. This is how, for example, the article of the Constitution of the Russian Federation says in relation to the described situation: “Everyone has the right, in accordance with international treaties Russian Federation apply to international bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted ”(paragraph 3 of Article 46).

International protection of rights and freedoms is evolving, ensuring, in fact, the right of humanity to evolution, even to survival. At the end of the 20th century, examples of the protection of certain peoples from aggression, discrimination, and violation of human rights and freedoms are becoming more numerous and impressive. The activities of international tribunals, UN bodies in this direction, applied international economic and other sanctions - all of this has already entered the international legal practice of protecting individual freedom

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International protection of human rights in times of peace and war

International treaties and conventions on human rights are based on the principle that certain fundamental rights and freedoms must be respected in any situation, including armed conflicts. Under armed international conflict (war) is understood as an armed confrontation between several states. A non-international armed conflict is a confrontation within one state between the government and anti-government forces (rebels). The state has the right to independently resolve internal problems, including using force to restore law and order on its territory, and introduce a state of emergency.

Rules and customs of warfare The Hague Law (The Hague Conventions and Treaties) Geneva Law (The Geneva Conventions) Means and methods of warfare Protection of war victims (sick, wounded, shipwrecked, prisoners of war, civilians) From the outbreak of hostilities, regardless of the reason the origin and nature of the conflict, the norms of international humanitarian law are binding on all participants.

Prohibited Methods of treacherous killing or wounding of civilians or enemy troops; an order not to leave anyone alive, a threat to this or the conduct of hostilities on this basis; taking hostages, killing or wounding enemy soldiers who laid down their arms; misuse of international emblems, signals, etc. terror against civilians; forcing enemy citizens to participate in hostilities against their country;

attacks on unprotected settlements, looting of settlements; destruction of life support objects of settlements, attack on structures containing forces (dams, nuclear power plants, etc.); an attack on objects marked with the emblem of the Red Cross or Red Crescent; destruction of monuments and other cultural values. Methods Prohibited

Prohibited Means asphyxiating, poisonous gases and liquids; bacteriological, toxin and chemical weapons, as well as indiscriminate weapons; explosive, unfolding paths in the human body and other means of destruction, when injured, the suffering of people increases; booby traps and devices that look similar to children's toys and other harmless items; weapons that strike with fragments that cannot be detected in the human body using X-rays; incendiary weapon.

United Nations specialized agencies related to ensuring and protecting human rights International Labor Organization (ensuring and protecting the right to work); About the United Nations Organization for Education, Science and Culture (UNESCO) (ensuring and protecting the right to education and cultural rights); The World Health Organization (ensuring and protecting the right to health, including the problem of HIV / AIDS); Food and Agriculture Organization of the United Nations (Fighting Hunger); United Nations Children's Fund (UNICEF) (protection of the rights of the child); United Nations High Commissioner for Refugees (ensuring and protecting the rights of refugees and displaced persons); International Criminal Court (investigation and punishment of war crimes against humanity); International Criminal Tribunals for Rwanda, the former Yugoslavia, etc.

Ensuring and protecting human rights and freedoms in peacetime and wartime is carried out by the governments of states, regional and world official and non-governmental organizations. A significant role in the protection of human rights and freedoms is played by the United Nations Organization (UN), created after World War II, which adopted the Universal Declaration of Human Rights, other documents on human rights, and the Convention on the Rights of the Child. The UN and the organizations operating under its auspices seek the realization of human rights and freedoms, carry out their protection in peace and wartime.

UN Security Council UN General Assembly High Commissioner for Human Rights (coordinates the work to protect human rights throughout the UN system) Economic and Social Council

UN General Assembly Human Rights Council Committee Against Torture Committee on the Elimination of Racial Discrimination Committee on the Protection of the Rights of Migrant Workers

Committee on the Elimination of Discrimination against Women Economic and Social Council Committee on Economic, Social and Cultural Rights Committee on Human Rights Committee on the Rights of the Child

Economic and Social Council Commission on Sustainable Development Commission on the Status of Women Commission on Population and Development Commission on Crime Prevention and Criminal Justice Commission for Social Development Special Rapporteur for monitoring the implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities Permanent Forum on Indigenous Issues

The decision to establish the International Criminal Court and the adoption of its status is the beginning of a qualitatively new stage in the development of interstate relations and international law. For the first time since the Nuremberg trials of Nazi criminals, the international community has decided to create a permanent supreme court that will be able to pass sentences on anyone guilty of war crimes and crimes against humanity, regardless of their official position.

International crimes Actions aimed at starting or waging an aggressive war Crimes against humanity War crimes

The Statute of the International Criminal Court has classified over 50 different violations of the 1949 Geneva Conventions, as well as other laws and customs of war, as war crimes. The statute of limitations does not apply to war crimes and crimes against humanity. Responsibility occurs regardless of the place and time of their commission. Any state is obliged to consider such persons as criminals. If the individual who committed an international crime acted on behalf of the state, the state itself can be held accountable under international law.

In Europe, in addition to the Convention on Human Rights, the European Social Charter, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the European Charter for Regional or Minority Languages \u200b\u200bhave been adopted. Convention for the Protection of National Minorities, etc. To implement these documents, the European Committee of Social Rights, the Committee for the Prevention of Torture, and the European Commission against Racism and Intolerance operate.

On November 4, 1950, the European Convention on Human Rights was signed in Rome (Russia ratified the Convention in 1998). The convention ensures the realization of civil and political human rights. Among other rights, the right of individual appeal to the European Court of Human Rights is established. A court of ten judges (in rare cases there is a Grand Chamber of 21 judges), including a judge representing the country whose case is being tried before the Court, determines whether the Convention has been violated. If the application is accepted, the Court seeks a peaceful resolution of the case (for example, the article of the law is changed, the applicant is awarded compensation).

the applicant has exhausted all the possibilities of protecting his rights in his state; the complainant is a victim of a violation by the state; the applicant applied to the European Court in the prescribed form no later than six months after the domestic authorities made the final decision in the case; violated the rights enshrined in the European Convention; the violation of rights occurred after the date of ratification of the Convention by the state. Conditions for the European Court of Justice to accept the case for consideration

International law- a special system of legal norms governing international relations arising between states, international organizations created by them and other subjects international relations when establishing mutual rights and obligations of the parties. Functions of international law: stabilizing function; regulatory function; protective function.

The basic principles of international law are fixed in the UN Charter:sovereign equality of states; non-use of force and threat of force; inviolability of state borders; peaceful settlement of international disputes; non-interference in internal affairs; universal respect for human rights; self-determination of peoples and nations; international cooperation; fulfillment of international obligations in good faith. Sources of international law: international treaty, international legal custom, acts international conferences and meetings, resolutions of international organizations. Types of international documents: international conventions (treaties between states, the legislation of which contains norms binding on the international community); declaration (a document the provisions of which are not strictly binding); pact (one of the names of an international treaty).

Subjects of international law:states; nations and peoples fighting for independence; international organizations (intergovernmental - UN, UNESCO, ILO; non-governmental - Red Cross and Red Crescent Society, Greenpeace).

International organizationsensuring joint action by countries to protect human rights:

1. United Nations (1945). The founding document of the UN - the UN Charter - is a universal international treaty and consolidates the foundations of the modern international legal order. UN pursues goals: maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression; develop friendly relations between states based on respect for the principle of equality and self-determination of peoples; carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in promoting respect for human rights, and others.

UN bodies:General Assembly; Security Council plays a major role in maintaining international peace and security; Economic and Social Council (ECOSOC) is authorized to undertake research and prepare reports on international issues in the field of economics, social sphere, culture, education, health care and other issues; UN Trusteeship Council contributes to the progress of the population of the trust territories and its gradual development towards self-government or independence; International Court of Justice; UN Secretariat.

The specialized human rights bodies of the UN include: United Nations High Commissioner for Refugees, United Nations High Commissioner for the Promotion and Protection of All Human Rights, Commission on Human Rights, Council of Europe. Under the Council of Europe, European Commission of Human Rights and European Court of Human Rights. In some states, individual rights from arbitrariness government agencies protects ombudsman - a special official. Established in Russia post of ombudsman for human rights, not belonging to any branch of government.

Types of international offenses:international crimes, crimes of an international character, other international offenses (tort).

Types of responsibility of states:

1) Material liability: restitution (compensation by the offender for material damage caused in kind); reparation (compensation for material damage caused by an offense, money, goods, services).

2) Intangible liability expressed in the form restaurants (restoration of the previous state by the offender and bearing all the adverse consequences of this), satisfaction (satisfaction of non-material claims by the offender, remediation of non-material (moral) damage), restrictions on sovereignty and declarative solutions.

Types of international crimes:crimes against peace, war crimes, crimes against humanity.

One of the forms of coercion in international law is international legal sanctions (coercive measures, both armed and unarmed, used by subjects of international law in the established procedural form in response to an offense in order to suppress it, restore violated rights and ensure the responsibility of the offender). Types of sanctions: retortions (for example, the establishment of restrictions on the import of goods from the offending state; increase in customs duties on goods from this state; introduction of a system of quotas and licenses for trade with this state), reprisals (embargo, boycott, denunciation), rupture or suspension of diplomatic or consular relations, self-defense; suspension of rights and privileges arising from membership in international organization, exclusion of the offender from international communication, collective armed measures to maintain international peace and security.

International humanitarian law- a set of norms defining common human rights and freedoms for the international community, establishing the obligations of states to consolidate, ensure and protect these rights and freedoms and provide individuals with legal opportunities for their implementation and protection.

Sources of International Humanitarian Law:Universal Declaration of Human Rights, Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions for the Protection of Victims of War, Convention on the Political Rights of Women, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, International Covenant on civil and political rights, the Convention on the Rights of the Child and others.

International bodies exercising control over the observance of human rights:European Court of Human Rights; The Inter-American Court of Human Rights; International Criminal Court (hears crimes against humanity).

AND) Humanitarian law in peacetime

* Considerable attention is paid to foreigners in international humanitarian law. Foreign citizen is a person who does not have the citizenship of the host country, but has proof of belonging to the citizenship of another state. Should be distinguished from foreigners stateless , i.e. stateless persons. Distinguish three types of legal regime for foreigners: national treatment, special treatment and most favored nation treatment.

* The right to grant asylum to persons persecuted for political, national, racial, religious or ethnic reasons. Distinguish territorial and diplomatic refuge.

* Rights and freedoms refugees and internally displaced persons governed by international humanitarian law. Refugees have the right to property, copyright and industrial rights, the right to association, the right to take legal action, the right to do business and work for hire, and other rights.

B) Humanitarian law in times of armed conflict

The main directions of international cooperation in the field of armed conflicts:prevention of armed conflicts; the legal status of the states participating and not participating in the conflict; limitation of means and methods of warfare; protection of human rights in times of armed conflict; ensuring responsibility for violation of international law. The main rules of international humanitarian law applicable in times of armed conflict:

- Persons who are incapacitated, as well as persons who do not directly take part in hostilities (civilians), have the right to respect for their lives, as well as for physical and mental integrity.

- Captured combatants (combatants) and civilians must be protected from any act of violence. Parties to a conflict have a duty to distinguish between civilians and combatants at all times in order to spare civilians and civilian objects. The attack should only be directed against military objectives.

- It is forbidden to kill or injure an enemy who surrendered or stopped taking part in hostilities.

- The wounded and sick should be recruited and treated.

- Everyone is entitled to basic judicial guarantees. No one can be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment.

International law restricts the means and methods of warfare. The following are completely prohibited means of warfare: explosive and incendiary bullets; bullets that unfold or flatten in the human body; poisons and poisoned weapons; suffocating, poisonous and other gases, liquids and processes; biological weapons; means of influencing the natural environment that have broad long-term consequences as methods of destruction, damage or harm to another state; damage by fragments that are not detected in the human body using X-rays; mines, booby-traps and others.

The following are prohibited methods of warfare: to treacherously kill or injure civilians or an enemy; kill or injure an enemy who surrendered and laid down arms; to declare to the defender that in case of resistance there will be no mercy to anyone; it is illegal to use the parliamentary flag or the flag of a state not participating in the war, the flag or signs of the Red Cross, etc .; to force the citizens of the enemy side to participate in hostilities against their state; genocide during the war, etc.

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