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Please use this identifier to cite or link to this item: https://elib.bsu.by/handle/123456789/30238
Title: Международный механизм имплементации международного гуманитарного права
Other Titles: International Mechanism of Implementation of Norms of International Law (Vitaly Kalugin)
Authors: Калугин, Виталий Юрьевич
Keywords: ЭБ БГУ::ОБЩЕСТВЕННЫЕ НАУКИ::Государство и право. Юридические науки
Issue Date: 1999
Citation: Белорусский журнал международного права и международных отношений. — 1999. — № 1
Abstract: The article "International Mechanism of Implementation of Norms of International Law" is devoted to the consideration of one of the most topical issues of international humanitarian law — the realization of its regulations. The overwhelming majority of the international legal norms included to the Geneva Conventions of 1949 and their Additional Protocols of 1977 is realized through national implementation mechanism. However, the implementation of the norms of international law on the national level is the basic, though not the only, way of their realization. Additional international legal and legal and organizational means of provision of implementation on the international level are fixed in the norms of international humanitarian law. Their aggregate comprises the international mechanism of the law regulations. The author gives the definition to the international mechanism of implementation of the norms of international humanitarian law, seeing it as a system of means established both with the help of the combined efforts of states and used by any state with the object of thorough, timely and full realization of obligations assumed in accordance with the international humanitarian law. The article analyses the contents and efficacy of the given provision of realization of the international humanitarian law on the international level on the basis of regulations of the Geneva Conventions of 1949 and their Additional Protocols of 1977 and other international legal instruments. The analysis is based on the investigations in accordance with the Geneva Conventions of 1949, the establishment of facts in accordance with Article 90 of Additional Protocol I, process of taking measures by the States, either individual or combined, in cooperation with the UN and in accordance with the UN Chapter, nomination of the Protector State and its subinstitutions. The resources of the International Committee of the Red Cross as a subinstitution of the Protector State (first of all in assistance to the victims of international conflicts) are used most effectively of all existing international mechanisms. The article draws attention to the alarming trend of the increase of special commissions set up as an alternative to the international commission on establishment of facts and absence of application of its potential controlling resources in modern military conflicts. The author believes that Article 89 of Additional Protocol I can become a sufficiently flexible instrument of law which would enable to react appropriately and influence the situations during military conflicts because it allows to go beyond the framework of the international humanitarian law proper and to use other legal regulations of the States and the UNO for its realization by the parties to the conflict.Such prospective resources aimed at respecting international humanitarian law and stopping its grave violations either by states or by individuals potentially exist ad hoc within the activities of international tribunals. They are also fixed in the activities of international criminal court, which is regarded as an international mechanism of institution of responsibility in cases of the absence of national legal bodies or their failure to carry out their functions (to be established in accordance with the statute of international criminal court adopted on July 17, 1998 in Rome). The article concludes that a certain aggregate of organizational and legal means has been formed which allows on the whole to provide the implementation of norms of international humanitarian law at the interstate level. Meanwhile, the existence of international humanitarian law is one of the most significant peculiarities of this sphere of international public law which permits the member-states of the Geneva Convention of 1949 and their Additional Protocols of 1977 "to respect or force to respect" these international legal norms to this or that extent. The basic elements of this mechanism are still being perfected and are aimed at establishing effective procedures called to provide the realization of international obligations on limiting the tragic consequences of military conflicts.
Description: Раздел - "Международное право", рубрика - "Международное гуманитарное право"
URI: http://elib.bsu.by/handle/123456789/30238
Appears in Collections:Белорусский журнал международного права и международных отношений. — 1999. — № 1

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