PROBLEMS AND SHORTCOMINGS OF THE NORMS OF INTERNATIONAL HUMANITARIAN LAW

Abstract

The article analyzes the issue of implementation of the norms of international humanitarian law as the right to conduct armed conflicts. Special attention is devoted to problematic aspects of international humanitarian law and the trends of the latest necessary changes. The essential importance of the scientific doctrine, which is designed to identify the existing shortcomings of the legal regulation of the norms of law and to indicate the necessary future trends of development, has been established. It is motivated by the fact that the transformation of social, political and economic reality necessitates a systematic review and renewal of the legal regulation of the law of war. A complex of problems accompanying the norms of international humanitarian law at the current stage of development of the normative system is highlighted: problems of implementing the principle of proportionality; problems of inefficiency of international humanitarian law norms; the presence of relations of a military nature that are not regulated by law; gaps in legal regulation, in connection with the modernization and novelty of some social phenomena. It has been argued that the reasons for the failure of IHL are not that the rules are not enough, but that the implementation mechanisms are sometimes inherently flawed, and most often ineffective due to various theoretical and practical problems. A complex methodology was used, the author's study of children's behavior on the example of military operations carried out by Russia on the territory of Ukraine in 2022 is particularly representative.