Војно дело (Jan 2017)
Moral dimension, ethical principles and standards in implementation of human rights in war
Abstract
Human rights represent an expression of human needs, both to individuals and different groups or communities, to achieve as much freedom as possible in the society. Objective rights provide a range of human rights and freedoms and they are derived from the ontological essence of every human being - a free being who can limit their freedom by their free will. Only the society can limit this free will by its 'general will,' and it is necessary to ensure the freedom of all individuals, who are equal in their rights and obligations. The positive law is defined in all countries by the Constitution and laws, whereby all people in the country commit themselves to obey them. Under the influence of raising international awareness, the list of rights in the future will certainly be increased, bearing in mind that the protection of political, economic and social rights, as well as the rights of environmental protection, is carried out nowadays. Almost as a rule, relations between people in a community are principally not the same, and people do not enjoy the same rights. Although human rights belong to the fundamental values of modern civilization, they become the matter of general concern and international responsibility. Their protection is of universal character and cannot be protected solely by the boundaries of sovereign rights of states. The respect of the most important human rights, as well as the degree of protection of every individual, who is guaranteed all constitutional and legal rights in the state is reflected through democratization of the society. During the conduct of combat operations, the concept of democracy simply does not exist and it is reduced to the lowest level. State apparatus is an institution that can limit or abolish all democratic rights that are not valid in the state of war or to completely marginalize them within the legal framework. Democracy is a 'free choice of government that represents the interests of the majority and respects the fundamental right of all human beings to live in accordance with their beliefs and basic interests'. In democracy, the law of the majority is in force. The majority can do everything except two things: firstly, to suspend basic and human rights because they are valid before the state, and, secondly, the state does not approve them, it only has to guarantee and protect them.
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