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The Ukrainian legislator’s differentiation of criminal liability for certain manifestations of collaboration has led to unjustified competition and considerable difficulties in qualifying the relevant unlawful acts. The purpose of this study was to analyse the specific features of criminal liability for aiding and abetting the aggressor state in the national and international dimensions. To complete the tasks of this study, a set of scientific methods was employed: dogmatic – in the analysis of legal constructions of elements of collaboration and abetting the aggressor state; comparative legal – in the context of comparing the rules on liability for collaboration and the rules of international humanitarian law. The study showed that Ukrainian criminal law theory and court practice have not developed consistent approaches to the application of the rules on liability for collaboration. The study focused on the fact that the criminal legislation of Ukraine applies an approach whereby certain types of economic collaboration are factually identified with military collaboration, which does not follow international humanitarian law. It was concluded that when qualifying the transfer of material resources to representatives of the aggressor state, there is a competition between the provisions of Part 4 of Article 111- 1 and Article 111-2 of the Criminal Code of Ukraine. In such a situation, it is reasonable to apply the rule on liability for collaboration. It was found that the payment of taxes, fees, and other mandatory payments to the Russian budget of any level, made in the occupied territory of Ukraine by a citizen of Ukraine, a foreigner, a stateless person for themselves and/or in the interests of legal entities registered in the territory of the Russian Federation cannot be covered by the objective side of abetting the aggressor state, as it does not follow international humanitarian law and does not contain such a feature as voluntariness, which is a mandatory feature of the crime under Article 111-2 of the Criminal Code of Ukraine. The practical significance of this study lies in defining certain rules for qualifying aiding and abetting the aggressor state which may be used by pre-trial investigation authorities in the legal assessment of such behaviour

The relevance of this study lies in the need to understand the interaction between conventional law and the circumstances of society in wartime, especially in the context of modern conflicts. The purpose of this study was to identify this interaction and determine its impact on the current legal environment. To fulfil this purpose, various research methods were employed, including literature review, document analysis, empirical research, comparative analysis, and expert evaluation. These methods helped to systematise information and carry out a reasoned analysis of the interaction between legal norms and the circumstances of modern society in the context of military operations. The findings of this study show that the problem of implementing conventional law in the context of armed conflict is caused not only by different interpretations of its provisions, but also by systematic violations of international humanitarian law by the parties to the conflict. It is noted that some of these violations may be the result of a lack of clarity or contradictions in the texts of the conventions, as well as differences in national legislation. Specific examples were considered in the context of different types of conflicts, including armed conflicts and situations of occupation, where systematic violations of human rights and humanitarian standards are recorded. Specifically, the study investigated the attitude towards civilians, the circumstances of warfare, the treatment of prisoners of war, the provision of medical care in the conflict zone, humanitarian aid, access to education and food. The study also examined the manipulation of information and the legal framework by Russia. In view of the identified difficulties in implementing conventional law, the study proposed concrete ways to improve the international legal mechanism, namely by clarifying and harmonising the rules of international humanitarian law, ensuring more effective monitoring and accountability for violations, and engaging in dialogue with all stakeholders, neutral observers and partner countries to jointly find solutions. This allows formulating recommendations for international organisations, states, and human rights groups on further measures to ensure compliance with conventional law in the context of armed conflict and improve human rights protection

Despite the fact that there is a trend in understanding international humanitarian law and international human rights law as two separated branches of international law, discussions about these two concepts and their relationship continues. Rather than looking for which approach is correct, we should analyse what implications these discussions have in both theoretical and applied terms. To achieve that it is necessary to ascertain what is the nature and, consequently, what are the implications of identifying international humanitarian law and international human rights law as branches of international law, as well as the attributing specific norms to a particular branch.

Abstract Background This study explores the impacts of attacks perpetrated in the context of armed conflict, to female health workers in three Colombian territories. Methods We conducted a document review of the reports and databases of the Colombian Truth Commission, 17 in-depth semi-structured interviews with experts on the national and regional armed conflict and the medical mission, and 26 female health workers who were victims of attacks. Results Experts and female health workers reported attacks to health activities, facilities, equipment, and personnel, including attacks to traditional doctors belonging to indigenous communities. The most frequent attacks were threats and retention of health personnel; theft of supplies and medicines; damage and use of infrastructure and means of transport for purposes other than health care; and hinderance of health service provision. The attacks occurred in a framework of structural violence that intersects with poverty, racism, and gender bias. The impacts of these attacks include gender-based violence, significant disruption of the lives of health workers, and physical, emotional, psychological, social, and economic effects on the victims and their families. The government response to protect victims and populations has been absent or insufficient. Conclusions Attacks to health care were reported in all the studied territories obstructing adequate health care. Impacts of these attacks affect negatively the professional and personal life of the workers and are aggravated by structural violence and absent or little institutional response.

The Russian aggression against Ukraine involves extensive use of air power, proving that without the sufficient level of air control, the combat operations on the ground face significant operational challenges. The use of air power raises questions regarding the legality of the aerial actions conducted over Ukraine. This conflict in the air domain is characterised by separate campaigns. The first one was a battle over the air superiority of Ukraine, which was relatively short in time (February–April 2022), albeit intense, and lost by the Russian Air Force due to the inability to destroy Ukrainian air defence assets and Ukrainian military aviation. The second one, still in progress at the moment this article is being written, looks to become an unresolved contest of attrition, as both belligerents vastly increased their air disruption capabilities. In particular, during the last period of the first phase, it is believed that many of the Russian air strikes were, in fact, indiscriminate or deliberately directed against civilian objectives. The aim of the article is to analyse the overall conduct of the air war over Ukraine and pinpoint the legal challenges in assessing the legality of such air operations. In the context of available information, the paper will seek to understand the legal framework concerning the destruction of the An-225 at the Hostomel airport during the first phase of hostilities, the use of certain aerial weapons, and the selection of targets.

Article 82 of Additional Protocol I to the Geneva Conventions requires competent legal advisors to be available, when necessary, to advise military commanders at the appropriate level on the application of International Humanitarian Law (IHL). One of the most important fields of IHL application which requires legal advice is attacks on the enemy, which need to follow the principles of military necessity, humanity, distinction, and proportionality, and are also affected by the requirement to undertake all feasible precautions in order to avoid or at least minimise incidental harm to civilians (collateral damage). One of the ways to ensure that attacks on enemy remain compliant with the requirements of IHL is by adopting appropriate targeting procedures and tools facilitating avoidance or minimising collateral damage, such as the Collateral Damage Estimation Methodology (CDEM). Media coverage of the Russian-Ukrainian war has contributed significantly to the misperception of IHL provisions applicable to targeting. During the war in Ukraine, political declarations were made several times that a war crime had occurred in the form of a deliberate attack on the civilian object. However, the legality of a particular strike can rarely be judged based upon the results of the strike or via post-strike Battle Damage Assessment (BDA). The so-called Rendulic rule emphasises that military necessity, proportionality, and precautions are judged a priori, based upon by the information available at the time of the decision (circumstances ruling at the time) and not on the basis of information emerging after the decision had been made. Legal Advirsors’ role in the targeting process requires them to possess at least the basic knowledge of the Targeting Process and the CDEM, general military expertise in the fields of Tactics, Techniques and Procedures (TTPs), as well as effects of the employment of particular weapon systems in given circumstances. This should be supported by thorough knowledge of IHL, in particular the practical aspects of its application in military operations. It should be about the intersection of legal and technical expertise.

The article explores the question of crimes committed against the civilian population during the war in Ukraine and the possible ways of bringing to justice those responsible. A full-scale aggression launched by Russia has caused death and widespread suffering of thousands of Ukrainian civilians and combatants. The article focuses on the events following 24th February, 2022, bearing in mind that the conflict had started much earlier – with the illegal annexation of Crimea and the beginning of fighting in eastern part of the Ukraine in 2014. After introductory remarks in the first section, the second part of this article will be focusing on different acts constituting war crimes that were committed during the war in Ukraine, and the third part will address existing accountability mechanisms and briefly discuss the advantages and disadvantages of each of them.

The protection of civilians is a basic ethical, strategic, and legal requirement for the international community and every democratic state, one of the key aspects of any military (combat) action. Such protection should not only be proclaimed, but also serve as a priority. If armed forces during armed conflicts rely on the foundation laid by international humanitarian law and adhere to civilised rules of military (combat) operations, then the damage caused to the civilian population can be minimised. This problem is also important in terms of the international and national legal protection of the civilian population during the international military conflict in Ukraine.

Copyright of Revista de Direitos Fundamentais & Democracia is the property of Revista de Direitos Fundamentais & Democracia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the evolution of international legal standards aimed at defining responsibility for violations of laws and customs of war from the second half of the 19th century to the first half of the 20th century. It emphasizes that war is undoubtedly one of the most dreadful events that can impact people's lives and society. However, if it is not controlled or conducted in accordance with international norms and standards, its consequences can be even more devastating and catastrophic. Since the beginning of the full-scale armed aggression of the Russian Federation against Ukraine, the term «violation of laws and customs of war» has become widespread. Responsibility for such actions is provided for by Article 438 of the Criminal Code of Ukraine. However, the criminalization of this act is not related to Ukraine's domestic legal order, as violations of laws and customs of war are an international crime that causes serious harm to people, economic objects, and cultural heritage, creating a high level of societal danger. The article covers an analysis of key international documents such as the Geneva Conventions, decisions of the Hague Conferences, and UN resolutions, exploring their influence on shaping legal norms in this area. It examines changes in legal regulation, their causes, and consequences, as well as the role of specific individuals and historical events in this process. This research is important for understanding past experiences in the context of current challenges and conflicts, as well as for further development of international law and ensuring the protection of human rights during armed conflicts. In conclusion, it is noted that the second half of the 19th and the first half of the 20th centuries witnessed significant development of international legal standards concerning responsibility for violations of laws and customs of war. This period was crucial in shaping the fundamental principles of international humanitarian law aimed at protecting human rights during armed conflicts. As a result of this process, a series of international treaties and conventions were adopted, which established rules of conduct in armed conflicts and mechanisms for accountability for their violations. These standards have been an important step in humanizing war and protecting human rights during armed conflicts. [ABSTRACT FROM AUTHOR]

The article is dedicated to exploring the legislation of Ukraine in the sphere of regulating war crimes. The research is based on the analysis of normative acts of international humanitarian and criminal law, which have established serious violations of the laws and customs of war and equated them with serious international crimes. Additionally, attention is focused on the longstanding experience of international institutions dealing with the regulation of the mechanism of punishment for war criminals. For Ukraine, the issue of war crimes has become relevant in the conditions of armed conflict caused by the aggression of the Russian Federation. Currently, the number of these crimes is gradually increasing. By the end of 2023, over 109,000 instances of war crimes committed by the Russian armed forces had been documented. Alongside, the number of criminal proceedings for violations of the laws and customs of war is increasing. It was further noted that deficiencies in the legislative definition of war crimes and the lack of necessary legal practice in such a specific category of offenses lead to difficulties in qualifying war crimes. The basis for qualifying a crime is the composition of a criminal offense. In Ukraine, there is a single provision providing for criminal liability for violations of the laws and customs of war -- Section 438 of the Criminal Code of Ukraine. This article lacks both a definition of war crime and a clear objective aspect of the offense, and the punishment is less severe compared to other general criminal statutes. Section 438 of the Criminal Code of Ukraine is generic. Due to such wording of war crimes in Ukraine, the practice of additional qualification of violations of the laws and customs of war under articles on torture, intentional grievous bodily harm, intentional moderate bodily harm, intentional minor bodily harm, coercion to testify, etc., has spread. Avoiding difficulties in qualifying war crimes can be achieved through access to sources of international humanitarian and criminal law. The Rome Statute of the International Criminal Court is one of the most important legal acts that has codified the entire range of elements of war crimes and detailed them. Ukraine is a signatory to the Rome Statute, but has not yet ratified it. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis of violations by the Russian Federation of the provisions of the Convention relative to the Protection of Civilian Persons in Time of War in relation to certain categories of socially vulnerable groups of the population in the context of a full-scale invasion (on the example of Chernihiv region). It is emphasized that Ukraine is currently a socially oriented state, its activities are aimed at providing life support and support to socially vulnerable citizens, creating conditions for their decent existence in society. One of the elements of the national state policy in the field of social protection of the population is a well-developed system of state social and medical institutions for persons with mental disorders, the elderly, persons with disabilities, patients, etc. A significant number of people living in these institutions are unable to take care of themselves and need constant care and attention. Chernihiv region, which borders the Russian Federation and the Republic of Belarus in the north of Ukraine, is one of the ten regions most affected by the aggression of the above-mentioned states. During the period of occupation of Chernihiv region by the military of the Russian Federation, from February 24, 2022 to April 3, 2022, a number of episodes of violations of the laws and customs of warfare were documented - shelling of civilians and evacuation routes with prohibited weapons, executions, looting, rape, etc. Numerous cases of shelling of social welfare institutions and medical facilities where socially vulnerable groups of the population were permanently or temporarily residing were emphasized, which is a gross violation of Articles 16, 18, 20, 28 of the Convention relative to the Protection of Civilian Persons in Time of War. The documented war crimes committed by Russian military personnel against civilians from among socially vulnerable citizens need to be studied, made public and condemned by the international community. [ABSTRACT FROM AUTHOR]

Copyright of Journal for Technology in Theory & Practice / Zeitschrift für Technikfolgenabschätzung in Theorie und Praxis (TATuP) is the property of Oekom Verlag GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Belligerent reprisals are a controversial and largely discredited mechanism for the enforcement of international humanitarian law. Additional Protocol i of 1977 prohibits a range of reprisal activity, including reprisals against enemy civilians. A (relatively small) number of States are not Parties to Additional Protocol i, whilst some States Parties have made declarations and/or reservations to the Protocol which could be seen as attempts to limit the operation of the prohibition. Its status as a rule of customary international law is therefore an important question. This article argues that opposition to the prohibition in customary law is neither as widespread nor consistent as has previously been suggested and that the weight of evidence points towards the existence (or development) of a customary prohibition. Consistent opposition by the UK and the US, however, makes it unlikely that the customary prohibition would be opposable to those particular States. [ABSTRACT FROM AUTHOR]

In this piercing analysis, we delve into the heart of the international legal quandary surrounding Israel's genocidal onslaught in Gaza, unraveling the intricate tapestry of narratives deployed to obfuscate its egregious crimes against the Palestinian populace. This study boldly contends that even as Israel and its cohorts cloak their actions under the guise of "self-defense," the sheer brutality of their deeds shatters the veneer of legitimacy, casting doubt upon this pretext and other sacrosanct notions enshrined in the annals of international discourse. Central among these is the revered paradigm of "international humanitarian law," a bastion of justice now imperiled as facts and testimonies from the crucible of Gaza's warfare lay bare a stark truth: might, not morality, has become the arbiter of international conduct, leaving the edifice of global legality in tatters. [ABSTRACT FROM AUTHOR]

Background: Since the Hamas attacks in Israel on 7 October 2023, the Israeli military has launched an assault in the Gaza Strip, which included over 12,000 targets struck and over 25,000 tons of incendiary munitions used by 2 November 2023. The objectives of this study include: (1) the descriptive and inferential spatial analysis of damage to critical civilian infrastructure (health, education, and water facilities) across the Gaza Strip during the first phase of the military campaign, defined as 7 October to 22 November 2023 and (2) the analysis of damage clustering around critical civilian infrastructure to explore broader questions about Israel's adherence to International Humanitarian Law (IHL). Methods: We applied multi-temporal coherent change detection on Copernicus Sentinel 1-A Synthetic Aperture Radar (SAR) imagery to detect signals indicative of damage to the built environment through 22 November 2023. Specific locations of health, education, and water facilities were delineated using open-source building footprint and cross-checked with geocoded data from OCHA, OpenStreetMap, and Humanitarian OpenStreetMap Team. We then assessed the retrieval of damage at and with close proximity to sites of health, education, and water infrastructure in addition to designated evacuation corridors and civilian protection zones. The Global Moran's I autocorrelation inference statistic was used to determine whether health, education, and water facility infrastructure damage was spatially random or clustered. Results: During the period under investigation, in the entire Gaza Strip, 60.8% (n = 59) of health, 68.2% (n = 324) of education, and 42.1% (n = 64) of water facilities sustained infrastructure damage. Furthermore, 35.1% (n = 34) of health, 40.2% (n = 191) of education, and 36.8% (n = 56) of water facilities were functionally destroyed. Applying the Global Moran's I spatial inference statistic to facilities demonstrated a high degree of damage clustering for all three types of critical civilian infrastructure, with Z-scores indicating < 1% likelihood of cluster damage occurring by random chance. Conclusion: Spatial statistical analysis suggests widespread damage to critical civilian infrastructure that should have been provided protection under IHL. These findings raise serious allegations about the violation of IHL, especially in light of Israeli officials' statements explicitly inciting violence and displacement and multiple widely reported acts of collective punishment. [ABSTRACT FROM AUTHOR]

The relationship between human rights and humanitarian law is now understood as a complementary one, insofar as human rights rules are no longer applicable in peacetime but at all times. The International Court of Justice has emphasized this issue in numerous Decisions. In international law literature, the main focus is on the interaction between these two branches of law, while less attention is paid to the complementarity of their rules and the interpretation of one’s rules in light of the other especially in light of the principle of systemic integration. The present paper examines the utility as well as the challenges and potential harms of using this approach in the general context of international law. Finally, it concludes that using systemic integration principle can strengthen application of human rights rules through international humanitarian law, or prevent normative conflict between different norms of the two branches of law, especially in regard to forceful and arbitrary detention. [ABSTRACT FROM AUTHOR]

Copyright of International Journal of Legal & Comparative Jurisprudence Studies (LCJS) / Mağallaẗ al-Duwaliyyaẗ Li-&-Dirāsāt al-Qānūniyyaẗ Wa-al-Fiqhiyyaẗ al-Muqāranaẗ is the property of Refaad for Studies, Research & Development and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article highlights the contribution of Muslim legal scholars and the importance of Islamic legal tradition in general in the elaboration of contemporary international humanitarian law (IHL). Based on the historical analysis and a critical re-examination of the origins of international law, the main finding of this article is that Muslim delegations and jurists have played a significant role in the development of legal rules in this field of international law. This Muslim influence has manifested itself in both general and specific ways. Especially, the founding fathers of IHL, such as Genevan Henry Dunant, showed great interest in the humanitarian principles emanating from the Muslim legal tradition. Although little reference is made to this influence in the contemporary international humanitarian law doctrine, the founding fathers of this branch of international law have indeed acknowledged the contribution of Muslim traditions. [ABSTRACT FROM AUTHOR]

This article examines the classification of armed conflicts under Islamic International Law, with a primary focus on comparing it to international humanitarian law (IHL). The main objective is to determine whether such classification could result in a type of armed conflict known as an 'internationalised armed conflict'. According to IHL, this classification arises when a third state intervenes in a non-international armed conflict (NIAC), thereby introducing international elements that have significant implications within the IHL framework. This article investigates whether foreign intervention in a NIAC would lead to the applicability of different legal rules under Islamic International Law, based on the emergence of a new classification distinct from both international armed conflicts (IACs) and NIACs? Such intervention could involve either a non-Muslim country intervening in a NIAC between Muslim parties or a Muslim country intervening in a NIAC involving non-Muslim parties. The central argument of this article is that Islamic International Law (jus ad bellum) primarily focuses on the legality of intervention in NIAC suggesting that different rules might apply depending on the legality of the intervention, while the protective rules of Islamic International Law (jus in bello) remain applicable regardless of the intervention's legality in Islamic International Law. [ABSTRACT FROM AUTHOR]

This article examines the creation of courts by non-State armed groups (“NSAG”) in non-international armed conflicts (“NIAC”) through the lens of classical Islamic law and its relationship to International Humanitarian Law (“IHL”). We begin with an overview of the IHL rules related to judicial guarantees and the establishment of NSAG courts. Although the creation of courts is generally the purview of States, it is possible for an NSAG to establish a parallel judicial system during a NIAC, with courts that can be IHL-compliant. We then move to a discussion of the classical Islamic law framework, and whether or not a court established thereunder would meet the relevant IHL requirements related to such a court. Classical Islamic law generally meshes with IHL in this respect, although there are some areas where the two seem to diverge (in particular, the independence of the judiciary, and potential discrimination issues due to certain jurisdictional principles). Finally, we explore NSAG courts in NIAC situations today, using the examples of two groups purporting to follow Islamic law, namely the Islamic State and Boko Haram. We find that, in relation to courts and judicial guarantees, neither group practices Islamic law as it was conceived during the classical period, and that the courts of these particular groups would be at odds with IHL. Nonetheless, the classical Islamic law framework is useful for anyone more generally attempting to ensure that courts in armed conflict are IHL-compliant, and they should not overlook it in their efforts. [ABSTRACT FROM AUTHOR]

The aim of this paper is to examine the lessons learned till mid-2023 from the war in Ukraine to find out how attacking or seizing nuclear power plants (NPPs) can be utilised to advance military and political objectives during an armed conflict. The qualitative research approach has been applied to the study, focusing on an analysis of academic research and relevant acts of international law. In order to examine Russia’s approach to the attacks against the Chernobyl and Zaporizhzhia NPPs, numerous reports, official statements by the authorities, press releases, and Internet sources have been analysed. For evaluation of nuclear security and safety standards in Ukraine, the “seven pillars” model proposed by the International Atomic Energy Agency has been adopted. The study indicates that strategically located NPPs can be used as “nuclear shields” for the occupying forces deployed at the plant or nearby. They may also become useful tools of “lawfare” waged with the use of flawed interpretations of international humanitarian law. Finally, nuclear security-related narrations analysed in the paper clearly prove that seized NPPs can be effectively used in information warfare. The research leads to the conclusion that civil NPPs in war zones can be weaponised and exploited by the hostile forces not only for impeding energy supplies (and thus shattering the public morale of the adversary) but also for blackmailing and coercing the decisionmakers of the attacked state and their international allies with a vision of man-made nuclear disaster. [ABSTRACT FROM AUTHOR]

Cyberspaces can be significantly influenced by simple tools and tactics, and offer cost-effective solutions for states to achieve their objectives. However, it can also be used for conducting cyberwarfare, and its effects remain in gray areas. The spectrum of cyberwarfare activities ranges from minor web disruptions to crippling attacks on critical national infrastructures. Nevertheless, cyberattacks present a unique challenge in applying well-established humanitarian legal principles, particularly regarding the distinction between civilian and military targets. This is because of the interconnectedness and shared infrastructure of cyberspace between civilian and military entities, which blurs the lines between combatants and civilian populations. This article seeks to shift the general perception of the problems associated with this manner of conducting hostilities by building on the learning of the Russian-Ukrainian conflict. Furthermore, the authors examine the cyber activities that occurred during the conflict and the legal and ethical challenges that arise from classifying these activities and applying international law. They try to distinguish cyber activities as an act of force or armed attack, with a focus on determining the criteria that played a role in this classification, in light of Articles 2 (4) and 51 of the UN Charter. With reference to the United Nations (UN) Charter and the principles of self-defence, the concept of attack is scrutinised. Furthermore, the article addresses the principles of distinction and proportionality in relation to qualified cyber activities as an armed attack in the same conflict, emphasising the importance of the principle of proportionality in assessing cyber warfare. [ABSTRACT FROM AUTHOR]

The Russia-Ukraine war demonstrates the crucial role of technology in modern warfare. The use of digital networks, information infrastructure, space technology, and artificial intelligence has distinct military advantages, but raises challenges as well. This essay focuses on the way it exacerbates a rather familiar challenge: the "civilianization of warfare." Today's high-technology warfare lowers the threshold for civilian participation in the war effort. A notable example is the widespread use of smartphone apps by Ukrainian civilians, who thereby help the armed forces defend against Russian aggression. Through the lenses of international humanitarian law, conventional just war theory, and revisionist just war theory, this essay evaluates the normative dimensions of such civilian participation. The analysis shows that civilians can lose their legal protections when they use these apps to directly participate in hostilities, and this loss of immunity can be justified by Michael Walzer's conventional just war theory. Revisionism, however, puts the justness of the war at the forefront, and so sheds doubt on the moral liability of Ukrainian civilians. Considering the broader implications, including the blurring combatant-civilian distinction, indicates that such civilianization of warfare should not be welcomed; the risks will often outweigh the benefits. At a minimum, states ought to exercise restraint in mobilizing civilians and inform them of the implications of their actions. [ABSTRACT FROM AUTHOR]

Since commencing its illegal invasion in 2022, the Russian military and authorities have committed numerous war crimes against the people of Ukraine. These include the mutilation and execution of combatants; the torture, kidnapping, forced expulsion, rape, and massacre of civilians; and indiscriminate attacks on densely populated areas. In this essay, I evaluate the strategic implications of this misconduct, focusing exclusively on Western responses. I argue that war crimes can and often do negatively impact the strategic goals of the perpetrator, but whether and how this occurs is rarely governed exclusively by the offending action. Western perceptions of battlefield atrocity, shaped as they are by identity, race, and politics, may radically shift from one context to another. In the case of the Russia-Ukraine war, the status of both the participants and the conflict itself has helped inculcate a particular sensitivity among Western actors to the battlefield criminality of Russia. Drawing on evidence from the 2022 Bucha massacre and the ongoing bombing of Ukrainian civilians, I argue that Russian misconduct has consolidated Western support for the Ukrainian military effort, politically, diplomatically, and materially. [ABSTRACT FROM AUTHOR]

The aim of this article is to examine the use of the OSCE Moscow Mechanism in the war in Ukraine. Following this brief introduction, the first section is devoted to OSCE mechanisms in general, with special emphasis on the Moscow Mechanism. Against this background, section two presents and analyses the conclusions of the reports of the OSCE missions to Ukraine. Finally, in the conclusions, the authors point to the value of the Moscow Mechanism and its meaning for peaceful resolution of conflicts and international security. The research method consists of formal-legal analysis of legal acts such as the Geneva Conventions on the protection of victims of armed conflicts (1949) and Additional Protocol I on the protection of victims of international armed conflicts (1977) as well as reports of the OSCE expert missions and NGOs such as Amnesty International and Human Rights Watch. [ABSTRACT FROM AUTHOR]

The criminal law assessment of each violation of the rules and customs of war under Article 438 of the Criminal Code of Ukraine (hereinafter referred to as the Criminal Code of Ukraine) requires reference to international treaties establishing such rules. This is indicated by the disposition of this article. In turn, international treaties have a list of provisions that contain instructions on prohibitions for parties to international armed conflicts and on specific violations of the rules and customs of war. This list is quite wide, due to which problems arise during the practical application of Article 438 of the Criminal Code of Ukraine, in particular, when formulating an indictment. Serious violations of the rules and customs of war include, in particular, turning the civilian population or individual civilians into targets of attack. Establishing objective and subjective signs of this act is of scientific interest. In the norms of international humanitarian law, this violation is formulated atypically for domestic criminal legislation. In addition, there are issues of differentiation with other serious violations of the rules and customs of war, correlation with prohibitions and requirements established in the norms of international humanitarian law. In order to clarify the essence of this violation, the norms of international treaties, which are part of international humanitarian law, as well as their interrelationship, were analyzed. This made it possible to draw conclusions about the objective features by which it is possible to distinguish the analyzed violation from other homogeneous violations, for example, from committing attacks of an indiscriminate nature. Possible variants of a subjective attitude to the commission of such a violation as the transformation of the civilian population or individual civilians into an object of attack are also defined. In addition, examples from judicial practice were considered with an emphasis on ways of formulating charges under Art. 438 of the Criminal Code of Ukraine. The importance of instructions for the commission of a serious violation of an international agreement during the formulation of charges in such proceedings is emphasized and substantiated. Prospects for further research on issues related to the criminal-legal assessment of attacks on the civilian population in the context of an international armed conflict are outlined. [ABSTRACT FROM AUTHOR]

The use of social network analysis (SNA) during the War on Terror has been a topic of significant political and academic discourse. SNA is an empirical method that graphically and mathematically represents interactions or relationships between nodes (eg, individuals, organizations) and the ties that connect them. The nature and degree of interdependence among nodes are believed to provide insights into the relationships and behaviour of members within a social network. The scarcity of precise and comprehensive data on the structure, functioning, and activities of terrorist groups has prompted some states to incorporate SNA into their intelligence efforts and rely on its data for counterterrorism activities, including lethal operations. However, the compatibility of SNA with international law remains underexplored. In this article, we adopt a legal-empirical approach to elucidate SNA in accessible terms and examine the challenges it presents for international law. We contend that SNA is fundamentally incompatible with international humanitarian law (IHL) targeting rules, as the data it provides do not pertain to legally relevant criteria. Nevertheless, SNA offers valuable insights for IHL by illuminating intra-group dynamics to facilitate conflict classification, identifying legally relevant characteristics in armed groups' internal networks, and determining the strength of relations between armed factions. Our findings underscore the importance of a nuanced understanding of SNA's applications and limitations in the context of international law. [ABSTRACT FROM AUTHOR]

The article seeks to raise awareness about the non-application of the norms of international humanitarian law (IHL) of international armed conflicts in situations of so-called internationalised armed conflicts – namely, when a non-state armed group (NSAG) that is engaged in an armed conflict against the territorial state enjoys a degree of support from another state. Debates in academic circles and international case law have focused largely on the appropriate test and threshold for establishing the relationship between the NSAG and the supporting state. Practice, however, shows that regardless of the legal test, the foreign state support to the NSAG in a (or an initially) non-international armed conflict is so politically charged that it leads to a complete non-application of the law of international armed conflict by the relevant actors. The article demonstrates its conceptual findings through four case studies: the armed conflicts in Donbas, Nagorno-Karabakh, Democratic Republic of the Congo, and Yemen. Regardless of strong indications of foreign state support to the NSAG in these armed conflicts, no relevant actors applied the IHL norms of international armed conflict. The article provides broader suggestions on the possible avenues for remedying the issue. [ABSTRACT FROM AUTHOR]

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The relevance of the topic is substantiated by the rapid use of cyberspace for committing serious international crimes. States have reached a consensus that cyberspace is a new area requiring international legal regulation to prevent cybercrime and establish international criminal liability. The dependence of society and the armed forces on digital technologies and digital infrastructure leads to a growing number of cyberattacks in armed conflicts and hybrid wars. Such challenges require new approaches to countering cyberattacks. International humanitarian law can be used to reveal the criteria by which a cyberattack can be interpreted as an act of war and to consider the application of the principles of international humanitarian law to cyberwarfare. The article analyzes the right to self-defense under Article 51 of the UN Charter in response to a cyberattack. The author substantiates whether a cyberattack can be considered an armed attack. The author examines the applicability of the basic principles of international humanitarian law jus in bello to cyberattacks. Cyberattacks can have the same effect as armed attacks. They can lead to human rights violations, destruction of critical infrastructure, loss of life and property. Cyberspace is an operational zone of military operations along with land, sea, and air. NATO states have identified cyberattacks as a major modern hybrid threat. The article analyzes expert opinions, scientific opinions, and international acts that disclose and establish the limits of liability for cyberattacks. The International Criminal Court's jurisdiction over crimes caused by cyberattacks, which constitute war crimes, has been examined. The proposal to extend the application of the Rome Statute of the ICC to cyberspace is studied. The growing intensity and frequency of cyber operations also emphasizes the importance of developing and improving the ICC's own operational practices. Today, given the rapid development of new weapons technologies, the international community has a duty to systematically assess the legality of weapons, methods and means of warfare. There is an urgent need to develop a policy for the investigation and prosecution of cyber criminals under the Rome Statute. A new view of international law is needed that takes into account the specifics of cyberspace. [ABSTRACT FROM AUTHOR]

‘Pope calls on G7 leaders to ban use of autonomous weapons’ (The Guardian 2024) is the headline from statements which pope Franziskus made during the G7-summit on June 14th, 2024. In general it can be observed that the ethical debate concerning the use of autonomous weapon systems (AWS) is an extremely complex and contentious issue, raising both technical and ethical challenges. Through a comparative analysis of relevant literature the theological perspective is introduced into the debate and highlight potential implications for the use of AWS. The increasing autonomy, where machines can autonomously select and engage targets, raises questions regarding compliance with international humanitarian law, the preservation of human dignity and moral responsibility. The research question addressed in this article is as follows: ‘What are the theological-ethical arguments regarding the use of AWS?’ In conclusion, three key points for a theological-ethical examination consist of the question about the pessimistic human image as a premise of the pro-AWS argumentation and ethical questions based on the highest or preferable good as well as on moral responsibility. It is synthesised, that the pessimistic human image can be represented, that as highest good right to life should be preferred against human dignity and that moral responsibility always should stick on humans and not on AWS. Intradisciplinary and/or interdisciplinary implications: This article positions theological ethics within the emerging field of ethical dilemmas arising from autonomous functions in the realm of technical ethics.

This article is an attempt to add layers to the discussions of ongoing mass atrocities committed in several parts of the world by discussing an under-reported situation of large scale violence unfolding in Sudan since April 2023, in the hope that the ‘international community’ can address multiple catastrophic situations with similar urgency, mobilise for justice for all peoples, end the culture of impunity, and eventually shift the discourse towards the structural causes of such large-scale violence in different parts of the world.

One of the most important goals of developing the rules of international humanitarian law is to protect people who are not directly involved in war in most cases, but the violence and suffering caused by war is imposed on them. As one of the vulnerable groups, women are exposed to being victimized due to war crimes or crimes against humanity, especially during civil wars. When a civilian group, in the territory of a government enters into conflict with that government, a situation of non-international armed conflict is created; A situation that will be governed by different rules than those governing international armed conflicts. The rules that result from Article 3 of the Geneva Conventions, the second additional protocol and international custom. Dominating a part of the territory of a country by the forces on a continuous basis, having minimum facilities to establish a base inside the territory of the conflict, having a responsible commander, etc. are the most important characteristics of a hostile group, and in this case, it is possible to implement the rules of law. International humanitarianism is expected from them. The black figure of women's victimization due to their gender in armed conflicts has led to the lack of identification of the perpetrators and the lack of necessary support for them, and this itself leads to their secondary victimization. In internal armed conflicts, the issue of women's victimization, due to the occurrence of violence inside the territory of a country and its inability to be monitored by international institutions on the one hand, and their victimization (direct and indirect) from different directions on the other hand, along with numerous problems It becomes more important in repairing the damage caused to them. In addition, the governments do not want to provide humanitarian support and aid to their nationals and citizens in the event of a civil war, and in the event of this type of conflict, they seek to suppress the opposition to the extent that the perpetrators of war crimes and ... be. Today, the violation of women's rights in internal armed conflicts as people who did not play an active role in these conflicts is recognized as a war crime. Because war crime is known as a gross violation of international humanitarian rights in armed conflicts, and the violation of women's rights is a gross manifestation of this violation. Although committing these actions in some cases leads to a crime against humanity or even genocide. Since the violation of the rules of humanitarian rights has been done in the territory of a state, not only the people involved in these conflicts, but also the states (whether the state that is a party to the conflict or the state that helps one of the parties to the war) are committed and obliged to respect the rights are international humanitarians and in case of violation of these international rules, they will be responsible for the victims of crimes. In the rules of international humanitarian law governing civil wars, the civil and international responsibility of governments and perpetrators of crimes in these conflicts is emphasized. In addition to accepting the violation of women's rights as a war crime and a crime against humanity (as the case may be), the statutes and jurisprudence of international criminal courts have considered the perpetrators of these crimes to be criminally responsible. This article, using the descriptive-analytical method, using library resources and card cabinet tools, seeks to investigate the issue of what are the most important manifestations of the violation of women's rights in civil wars as a violation of international humanitarian rights and its effects, and the procedure How has international criminal courts been in identifying numerous cases of violation of women's rights? Sexual violence, as the most obvious example of the violation of women's rights in internal armed conflicts, has led to many destructive effects on women, which is confirmed by the studies conducted during internal armed wars and especially after the end of the war and violence. What the numerous cases of internal armed wars and the judicial procedure of international criminal courts show is the lack of appropriate solutions and treatment for women victims of violence in the process of reacting to the violation of their rights, especially in criminal proceedings (Submitting a complaint to the corrupt criminal system, the lack of proper services from lawyers, prosecutors, judges, and the criminal justice system in general), which requires providing different ways of support than what currently exists.

Today’s military takes advantage of technological progress primarily through developments in the war industry. Of particular importance is the development and use of advanced autonomous weapon systems, which are changing the way conflicts are fought and redefining the basic strategies on the modern battlefield. The use of these systems raises ethical, philosophical, and legal questions about the relationship of causality and attribution that must exist between an act and its criminal result.

Recently in June 2022, the United Nations Special Representative of the Secretary-General for Children and Armed Conflict expressed that the ongoing use and recruitment of children in armed conflict globally warrants "international concern". Notwithstanding the existence of proscriptive norms in terms of international humanitarian law (IHL) and international human rights law (IHRL), international legal violations are nevertheless committed by states and non-state actors. A systematic analysis of the respective normative systems identifies a lacuna between specific provisions thereof. Consequently, violations are committed in armed conflicts for the purposes of IHRL but not IHL, it is contended that this inconsistency in the law perpetuates ongoing child soldiering. It is further contended that this inconsistency establishes a genus of children who are legally unprotected as they fall between the cracks of international law. Based on recent progressive jurisprudence of the International Court of Justice, an approach which will bridge the lacuna between these norms is proposed. Contrary to the view of the International Committee of the Red Cross and with due consideration for the lex specialis principle, it is proposed that the IHL and IHRL instruments should apply in a complementary fashion, as opposed to the separate legal regimes under which they have developed.

The purpose of this essay/editorial - closed on 8 January 2024 - is to formulate as fully as possible, although necessarily provisional, an approach from the perspective of International Law to the war in Gaza that began a little over three months ago, and more generally to the Israeli-Palestinian conflict that has lasted at least seventy-five years, with the creation of the state of Israel, the first Arab-Israeli war and the Nakba to which the Palestinian people have been condemned. In other words, this is a brief international legal approach to a moment of crisis and intensification of a historic conflict that, in these months, has been a real turning point in the endless cycle of violence that has plagued the region for decades.To this end, this essay addresses various issues of international legal relevance in relation to the current war in Gaza, such as the conceptualisation of international terrorism; the justification of legitimate self-defence used by Israel and, in particular, the conditions required by International Law for its exercise; as well as the possible commission of serious crimes of international concern - war crimes, crimes against humanity and genocide -, the applicability of International Humanitarian Law and the call for individual criminal responsibility in this context.This essay also analyses the response of the international community organized in the United Nations to the current war in Gaza, highlighting the insufficient action of the Security Council during these months of acute crisis, the majority reaction of the General Assembly calling for a cessation of hostilities, and the repeated and futile humanitarian appeals made by its Secretary-General.In order to place the current crisis in the perspective of the Palestinian-Israeli conflict, there are also briefly discussed the historical and political context, in particular the results of the occupation of territories in the Six-Day War of 1967, the consistent position of the General Assembly on the Palestinian question, the United Nations action on human rights in the Occupied Palestinian Territories, as well as the Security Council’s action on these Territories and the proposed peace initiatives, in particular with regard to the two-State solution.The essay concludes with concluding remarks and an epilogue where, in view of the current humanitarian catastrophe and the protracted nature of the conflict, calling for an immediate cessation of hostilities and the release of hostages, and for the current phase of the conflict to become a genuine turning point that can be grasped as an opportunity for peace in the region. LA GUERRA EN GAZA Y EL CONFLICTO PALESTINO-ISRAELÍ: UN PUNTO DE INFLEXIÓN EN MEDIO DE UN CICLO SIN FIN DE VIOLENCIA El objeto de este ensayo/editorial -que se ha cerrado el 8 de enero de 2024- es el de formular de la manera más completa posible -aunque resulte necesariamente provisional- una aproximación desde la perspectiva del Derecho Internacional a la guerra en Gaza iniciada hace poco más de tres meses y, en general, al conflicto palestino-israelí que perdura, como mínimo, desde hace más de setenta y cinco años, con la creación del Estado de Israel, la primera guerra árabe-israelí y la Nakba a la que fue abocado el pueblo palestino. Es decir, se trata de una somera aproximación jurídico-internacional a un momento de crisis y de agudización de un conflicto histórico, que configura en estos meses un auténtico punto de inflexión en el ciclo sin fin de violencia que asola la región desde hace décadas.A estos efectos, en este ensayo se abordan diversas cuestiones de relevancia jurídico-internacional en relación con la actual guerra en Gaza, como la conceptualización del terrorismo internacional; la justificación de la legítima defensa usada por Israel y, en especial, las condiciones que exige el Derecho Internacional para su ejercicio; así como la posible comisión de graves crímenes de trascendencia internacional -crímenes de guerra, crímenes contra la humanidad y genocidio-, la aplicabilidad del Derecho Internacional Humanitario y la exigencia de responsabilidad penal individual en este contexto. También se analiza en este ensayo la reacción de la comunidad internacional organizada en las Naciones Unidas ante la actual guerra en Gaza y, por tanto, se presenta la insuficiente actuación del Consejo de Seguridad a lo largo de estos meses de crisis aguda, la mayoritaria reacción de la Asamblea General pidiendo un cese de las hostilidades y los llamamientos humanitarios formulados vana y reiteradamente por su Secretario General. Para situar la fase actual de crisis en la perspectiva del conflicto palestino-israelí se aborda asimismo, sumariamente, su contexto histórico-político, en particular con los resultados de la ocupación de territorios en la guerra de los Seis Días de1967; la constante posición de la Asamblea General sobre la cuestión Palestina; la acción de las Naciones Unidas en relación con los derechos humanos en los Territorios Palestinos Ocupados; así como la actuación del Consejo de Seguridad respecto de estos Territorios y las iniciativas de paz propuestas especialmente en relación con la solución bieestatal. Por último, se formulan unas consideraciones finales y un epílogo en el que, atendiendo a la actual catástrofe humanitaria y a la perdurabilidad del conflicto, se formula un llamamiento para el cese inmediato de las hostilidades y la liberación de los rehenes y para que la actual fase del conflicto se convierta en un genuino punto de inflexión que pueda propiciar una oportunidad para la paz en la región. LA GUERRE À GAZA ET LE CONFLIT PALESTINO-ISRAÉLIEN : UN TOURNANT AU MILIEU D’UN CYCLE DE VIOLENCE SANS FIN Le but de cet essai/éditorial - qui s’est achevé le 8 janvier 2024 - est de formuler aussi complètement que possible - bien qu’il soit nécessairement provisoire - une approche du point de vue du Droit International de la guerre à Gaza qui a commencé il y a un peu plus de trois mois et, en général, du conflit palestino-israélien qui dure depuis au moins soixante-quinze ans, avec la création de l’État d’Israël, la première guerre israélo-arabe et la Nakba à laquelle le peuple palestinien a été contraint. En d’autres termes, il s’agit d’une brève approche juridico-internationale d’un moment de crise et de l’intensification d’un conflit historique qui, en ces mois, constitue un véritable tournant dans le cycle sans fin de la violence qui sévit dans la région depuis des décennies.À cette fin, cet essai aborde diverses questions de Droit International en rapport avec la guerre actuelle à Gaza, telles que la conceptualisation du terrorisme international, la justification de la légitime défense utilisée par Israël et, en particulier, les conditions requises par le Droit International pour son exercice, ainsi que la commission éventuelle de crimes graves de portée internationale - crimes de guerre, crimes contre l’humanité et génocide -, l’applicabilité du Droit International Humanitaire et l’exigence de responsabilité pénale individuelle dans ce contexte. Cet essai analyse également la réaction de la communauté internationale organisée au sein des Nations unies à la guerre actuelle à Gaza et présente donc l’action insuffisante du Conseil de sécurité tout au long de ces mois de crise aiguë, la réaction majoritaire de l’Assemblée générale appelant à la cessation des hostilités et les appels humanitaires lancés à maintes reprises et en vain par son secrétaire général. Afin de replacer la phase de crise actuelle dans la perspective du conflit palestino-israélien, sont également brièvement évoqués le contexte historico-politique, en particulier les résultats de l’occupation des territoires lors de la guerre des six jours de 1967, la position constante de l’Assemblée générale sur la question palestinienne, l’action des Nations unies en matière de droits de l’homme dans les Territoires Palestiniens Occupés, ainsi que l’action du Conseil de sécurité sur ces Territoires et les initiatives de paix proposées, notamment en ce qui concerne la solution à deux États. L’essai se termine par quelques considérations finales et par un épilogue dans lequel, compte tenu de la catastrophe humanitaire actuelle et de la durée du conflit, un appel est lancé en faveur d’une cessation immédiate des hostilités et de la libération des otages, et pour que la phase actuelle du conflit devienne un véritable tournant qui pourrait offrir une occasion de paix dans la région.

El objeto de este ensayo/editorial –que se ha cerrado el 8 de enero de 2024– es el de formular de la manera más completa posible –aunque resulte necesariamente provisional– una aproximación desde la perspectiva del Derecho Internacional a la guerra en Gaza iniciada hace poco más de tres meses y, en general, al conflicto palestino–israelí que perdura, como mínimo, desde hace más de setenta y cinco años, con la creación del Estado de Israel, la primera guerra árabe–israelí y la Nakba a la que fue abocado el pueblo palestino. Es decir, se trata de una somera aproximación jurídico–internacional a un momento de crisis y de agudización de un conflicto histórico, que configura en estos meses un auténtico punto de inflexión en el ciclo sin fin de violencia que asola la región desde hace décadas.A estos efectos, en este ensayo se abordan diversas cuestiones de relevancia jurídico–internacional en relación con la actual guerra en Gaza, como la conceptualización del terrorismo internacional; la justificación de la legítima defensa usada por Israel y, en especial, las condiciones que exige el Derecho Internacional para su ejercicio; así como la posible comisión de graves crímenes de trascendencia internacional –crímenes de guerra, crímenes contra la humanidad y genocidio–, la aplicabilidad del Derecho Internacional Humanitario y la exigencia de responsabilidad penal individual en este contexto. También se analiza en este ensayo la reacción de la comunidad internacional organizada en las Naciones Unidas ante la actual guerra en Gaza y, por tanto, se presenta la insuficiente actuación del Consejo de Seguridad a lo largo de estos meses de crisis aguda, la mayoritaria reacción de la Asamblea General pidiendo un cese de las hostilidades y los llamamientos humanitarios formulados vana y reiteradamente por su Secretario General. Para situar la fase actual de crisis en la perspectiva del conflicto palestino–israelí se aborda asimismo, sumariamente, su contexto histórico–político, en particular con los resultados de la ocupación de territorios en la guerra de los Seis Días de1967; la constante posición de la Asamblea General sobre la cuestión Palestina; la acción de las Naciones Unidas en relación con los derechos humanos en los Territorios Palestinos Ocupados; así como la actuación del Consejo de Seguridad respecto de estos Territorios y las iniciativas de paz propuestas especialmente en relación con la solución biestatal. Por último, se formulan unas consideraciones finales y un epílogo en el que, atendiendo a la actual catástrofe humanitaria y a la perdurabilidad del conflicto, se formula un llamamiento para el cese inmediato de las hostilidades y la liberación de los rehenes y para que la actual fase del conflicto se convierta en un genuino punto de inflexión que pueda propiciar una oportunidad para la paz en la región. THE WAR IN GAZA AND THE ISRAELI-PALESTINIAN CONFLICT: A TURNING POINT IN THE MIDST OF AN ENDLESS CYCLE OF VIOLENCE The purpose of this essay/editorial – closed on 8 January 2024 – is to formulate as fully as possible, although necessarily provisional, an approach from the perspective of International Law to the war in Gaza that began a little over three months ago, and more generally to the Palestinian– Israeli conflict that has lasted at least seventy–five years, with the creation of the State of Israel, the first Arab–Israeli war and the Nakba to which the Palestinian people have been condemned. In other words, this is a brief international legal approach to a moment of crisis and intensification of a historic conflict that, in these months, has been a real turning point in the endless cycle of violence that has plagued the region for decades.To this end, this essay addresses various issues of international legal relevance in relation to the current war in Gaza, such as the conceptualisation of international terrorism; the justification of legitimate self–defence used by Israel and, in particular, the conditions required by International Law for its exercise; as well as the possible commission of serious crimes of international concern – war crimes, crimes against humanity and genocide –, the applicability of International Humanitarian Law and the call for individual criminal responsibility in this context. This essay also analyses the response of the international community organized in the United Nations to the current war in Gaza, highlighting the insufficient action of the Security Council during these months of acute crisis, the majority reaction of the General Assembly calling for a cessation of hostilities, and the repeated and futile humanitarian appeals made by its Secretary–General. In order to place the current crisis in the perspective of the Palestinian–Israeli conflict, the historical and political context, in particular the results of the occupation of territories in the Six–Day War of 1967, the consistent position of the General Assembly on the Palestinian question, the United Nations action on human rights in the Occupied Palestinian Territories, as well as the Security Council’s action on these Territories and the proposed peace initiatives, in particular with regard to the two–State solution, are also briefly discussed. The essay concludes with concluding remarks and an epilogue where, in view of the current humanitarian catastrophe and the protracted nature of the conflict, calling for an immediate cessation of hostilities and the release of hostages, and for the current phase of the conflict to become a genuine turning point that can be grasped as an opportunity for peace in the region. LA GUERRE À GAZA ET LE CONFLIT PALESTINO-ISRAÉLIEN : UN TOURNANT AU MILIEU D’UN CYCLE DE VIOLENCE SANS FIN Le but de cet essai/éditorial – qui s’est achevé le 8 janvier 2024 – est de formuler aussi complètement que possible – bien qu’il soit nécessairement provisoire – une approche du point de vue du Droit International de la guerre à Gaza qui a commencé il y a un peu plus de trois mois et, en général, du conflit palestino–israélien qui dure depuis au moins soixante–quinze ans, avec la création de l’État d’Israël, la première guerre israélo–arabe et la Nakba à laquelle le peuple palestinien a été contraint. En d’autres termes, il s’agit d’une brève approche juridico–internationale d’un moment de crise et de l’intensification d’un conflit historique qui, en ces mois, constitue un véritable tournant dans le cycle sans fin de la violence qui sévit dans la région depuis des décennies. À cette fin, cet essai aborde diverses questions de Droit International en rapport avec la guerre actuelle à Gaza, telles que la conceptualisation du terrorisme international, la justification de la légitime défense utilisée par Israël et, en particulier, les conditions requises par le Droit International pour son exercice, ainsi que la commission éventuelle de crimes graves de portée internationale – crimes de guerre, crimes contre l’humanité et génocide –, l’applicabilité du Droit International Humanitaire et l’exigence de responsabilité pénale individuelle dans ce contexte. Cet essai analyse également la réaction de la communauté internationale organisée au sein des Nations unies à la guerre actuelle à Gaza et présente donc l’action insuffisante du Conseil de sécurité tout au long de ces mois de crise aiguë, la réaction majoritaire de l’Assemblée générale appelant à la cessation des hostilités et les appels humanitaires lancés à maintes reprises et en vain par son secrétaire général. Afin de replacer la phase de crise actuelle dans la perspective du conflit palestino-israélien, sont également brièvement évoqués le contexte historico–politique, en particulier les résultats de l’occupation des territoires lors de la guerre des six jours de 1967, la position constante de l’Assemblée générale sur la question palestinienne, l’action des Nations unies en matière de droits de l’homme dans les Territoires Palestiniens Occupés, ainsi que l’action du Conseil de sécurité sur ces Territoires et les initiatives de paix proposées, notamment en ce qui concerne la solution à deux États. L’essai se termine par quelques considérations finales et par un épilogue dans lequel, compte tenu de la catastrophe humanitaire actuelle et de la durée du conflit, un appel est lancé en faveur d’une cessation immédiate des hostilités et de la libération des otages, et pour que la phase actuelle du conflit devienne un véritable tournant qui pourrait offrir une occasion de paix dans la région.

Exploration of an outer-space initially and currently is closely related to militarization. All spacecraft, in one way or another, have a dual purpose and can be used for both peaceful and military purposes – from the use of launchers for orbital and suborbital flights to telecommunication systems. In the doctrinal documents of the USA, NATO and the European Union space is considered, among other functions, as a source of “space threats” and as an environment for potential military operations. Military space forces and Commands are structurally separated into a special category within the Armed Forces of Western countries. Comparative analysis of NATO and EU space strategies shows significant differences. NATO places an emphasis on the use of already existing space resources of its member states to implement its traditional goals and objectives, without concentrating on the formation of collective structures advancing space technologies. EU, in contrast, actively integrates technological inputs of its member states with powerful economic potential, initiates and develops collective inter-state projects and structures for space exploration. EU in recent times pays special attention to attempts to ensure European strategic autonomy from the USA and third countries in the space sector. The increasingly intensive entry of private enterprises into the outer space sector has been a characteristic feature at the beginning of the 21st century, their role is expanding, and cooperation of businesses with the state is strengthening on a commercial basis in the form of public-private partnerships.

Mercenary, as a social phenomenon, is a constant companion of the historical development of humanity. There have always been, and still are, individuals, independently or organized in groups, who will offer their services of skills and knowledge of warfare on the world market. On the other hand, in the long series of centuries of human existence, almost everyone who had a sufficient amount of money and had a clearly expressed interest in and goal for such a thing hired individuals skilled in warrior skills and other knowledge and abilities that could be used on the battlefield for the realization of various economic, political, geo-economic, and geo-political goals of their employers. The use of private violence was brought under state control after the Peace of Westphalia in 1648, where regular military service is the key guarantor of the cumulative survival of the relevant elements of statehood, i.e. the exercise of sovereign powers. However, this did not abolish the practice of mercenary work, but changed it somewhat and adapted it to the new social circumstances. Through the process of social evolution, mercenary military units are transformed into efficient, highly profitable and modern corporate structures which employ diverse, highly qualified personnel, manage them, and provide a wide range of military and security services to various and numerous state and non-state entities - clients. For modern times, in this sense, the appearance and actions of mercenaries during the decolonization process-conventional mercenary formations, on the one hand, and private military companies as a sort of contemporary quasi-mercenary phenomenon which do not themselves fit into the glossary, on the other-are indicative of the socalled legal qualification of classic mercenaries as they are recognized and explained by the key international documents in the field. The very emergence of private military companies led to a fundamental disruption in the perception of the term mercenary. It is no longer contained by, nor capable of being a strictly individual phenomenon. Also, over time, private individuals, multinational corporations, and even internationa organizations are becoming more and more prevalent among the interested parties seeking to hire mercenary services, in addition to the state and its agents. International documents pertinent to the mercenary issue are Supplementary Protocol I (from 1977) and two conventions specifically created for this issue-the UN Convention against the Recruitment, Use, Financing, and Training of Mercenaries (from 1989) and the Convention of the Organization of African Unity for the Elimination of Mercenaries in Africa (from 1977). In these documents, mercenaries are "stigmatized" as the only entity of interest in international humanitarian law devoid of any legal protection within that particular subsystem of international law. However, the definition of a mercenary is quite restrictive. The provisions concerning the conditions and circumstances under which a person can be treated, that is, declared a mercenary, are difficult to apply in practice. Due to the restrictive nature of their "defining" aspects, the existing rules on mercenaries are difficult to apply in practice and make it difficult to achieve the ultimate goal of those international documents, which is to suppress and prosecute perpetrators of incriminated mercenary behavior and mercenary practices. On the other hand, the mercenary category is not very helpful when it comes to the qualification and legal positioning of private military companies as international corporate enterprises, which include various military potentials, military or paramilitary assets, personal skills and specialties of the employed personnel, and whose main goal is to make a profit, i.e. profit. Although they are often defined as mercenaries in public discourse, private military companies deviate from representations shaped by reminiscences from the distant and recent past, primarily military mercenaries from the Middle Ages, times of religious wars, colonial conquests, and participants in post-colonial wars of the 20th century, which were particularly infamous for violating international humanitarian law and human rights during the suppression of national liberation movements on African and Asian soil. The key difference between conventional mercenaries and private military companies, apart from the fact that mercenaries are criminalized by the provisions of international humanitarian law, is the existence of a corporate element in the provision of military services. This security sector is still not precisely defined and legally shaped, but it is undoubtedly influenced by the fundamental principles of international humanitarian law and other subsets of the international law system that would be directly or indirectly involved in the activities of these organizations or their employees in such delicate and important areas of international life as security and the use of force in international relations are.

Issues of legal regulation of military captivity are very relevant. At different times, humanity has experienced many wars and military conflicts, with which came experience and the realization that even during armed confrontation it is necessary to respect the law, show mercy and humanity towards an enemy who is helpless or does not want to fight. The emergence of norms in the field of military captivity in international humanitarian law dictated the necessary desire of countries to implement these norms into national legislation. The rapid development of modern law and legal policy determines the increase in the culture of society, and at the same time the preservation of humanity and respect for the human dignity of prisoners of war. Our country, being a highly developed and rule-of-law state, has always strived to implement the norms of international law in the field of military captivity, both in Soviet and Russian legislation. However, in the history of domestic law to this day, organizational, political and legal problems arise in the implementation of the norms of international humanitarian law relating to military captivity into national legislation. The above problems are a consequence of a complex of social reasons, both objective and private. Continuing research into the dynamics of the process of implementing the norms of international law in the field of military captivity into Russian legislation, a comprehensive study of the issue of legal implementation of the implemented norms will allow us to find ways to solve problems in this area, as well as draw a conclusion regarding the further development of legal norms relating to military captivity in our country.

The book "International Humanitarian Law and its applications to armed conflicts in Iraq" is one of the books that sheds light on the many armed conflicts that our country, Iraq, has fought in. These conflicts formed fertile material for legal studies concerned with international humanitarian law in order to apply it to armed conflicts and to know the extent of the ability of these rules to withstand the challenges posed by these conflicts. Thus, the most prominent obstacles for implementation are the mechanisms that the international community came up with capablity of resolving and confronting these conflicts and mitigating their repercussions.

Mercenaries are individuals who participate in a armed conflict with the objective of pursuing personal gain. Mercenaries are often viewed as a unlawful combatant who does not have to follow the same rules of war as state forces. Mercenaries are nevertheless subject to International Humanitarian law such as Geneva Convention which prohibites parties from commiting war crimes and other grave International Humanitarian Law infractions.This articles focuses on legal implications of war crimes commited by Georgian Legion, a Mercenaries group that actively participate in Russo-Ukrainian war alongside Ukrainian forces within the Donbad region of eastern Ukraine in 2022, allegations were made against the Legion for engaging in the execution of Russian prisoners of war (POWs) in Dmytrovka, Kiev Oblast in March 2022. This studies based on normative legal research method which approach based on library materials and secondary data. This articles begins by presenting summary of the legal standing of mercenaries in accordance with International Humanitarian Law (IHL), including the prohibiton on commiting war crimes then the article examines the case of Georgian Legion and how the prosecution of the war crimes were conducted. This articles concludes that the act of executing prisoners of war by mercenaries is a grave infringement of international humanitarian law. This case is also serves as evidence supporting the needs of global collaboration in the prosecution of mercenaries who commit war crimes. [ABSTRACT FROM AUTHOR]

In contemporary parlance, the environment and its preservation have emerged as a principal focus and concern for the global populace. This phenomenon is known to escalate during times of armed conflict. Armed conflicts directly impact the environment (such as destroying natural resources or pollution resulting from military operations). The investigation into the ecological destruction inflicted upon the natural world during the two world wars demonstrates that the emphasis on safeguarding the environment is no longer a theoretical notion but a concrete actuality encapsulated within the framework of legal doctrines. The protection of the environment encompasses a diverse array of International Humanitarian Law (IHL) and International Criminal Law (ICL). This study scrutinized the safeguards and preservation of environmental rights in times of armed conflicts, whether domestic or international, through the lenses of ICL and IHL. [ABSTRACT FROM AUTHOR]