Московский журнал международного права (Oct 2023)
Fighting in Cities: Problems of International Legal Protection of Civilians and Civilian Objects
Abstract
INTRODUCTION. Fighting is increasingly taking place in populated areas, including large cities, which leads to indiscriminate attacks on civilians and civilian objects. This problem is recognized by the UN, by an increasing number of States and requires training of combatants to choose and apply appropriate means and methods of war in populated areas to prevent or minimize accidental harm to the civilian population and civilian objects in such conditions. However, for example, the actions of the US-led coalition in 20162017 to liberate Iraqi Mosul from terrorists, the armed formations of Ukraine in the Donbas since 2014, which caused unjustifiably large civilian casualties and destruction of urban infrastructure, indicate that the Western powers and their satellites ignored these requirements.The purpose of the article is to identify and scientifically analyze problematic issues in the application of international humanitarian law for the protection of civilians and civilian objects in armed conflicts in urbanized areas.MATERIALS AND METHODS. To reveal the theoretical aspects of the problem under consideration, a system-structural approach, generalization, deduction, methods of scientific abstraction, logical and system analysis are applied. Special research methods were also used: historical-legal, comparative-legal and formal-legal.RESEAECH RESULTS. Within the framework of this publication, the authors analyzed the problems of international legal protection of civilians and civilian objects in the context of hostilities in an urbanized area and developed proposals for their solution.DISCUSSION AND CONCLUSIONS. According to the results of the study, it was found that the principles and norms of international law developed by mankind as a whole make it possible to ensure the protection of the civilian population and civilian objects during the conduct of hostilities, including in cities, under the key condition the realization of responsibility for crimes against peace, humanity and war crimes.
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