Peculiarities of the implementation of international humanitarian law into ukrainian legislation during war

Abstract

The purpose of the article is to study the features of the implementation of the norms of international humanitarian law (hereinafter referred to as IHL) into the national legislation of Ukraine in the context of hybrid warfare. In the course of the study, the current state of compliance with IHL norms was analyzed, the main challenges associated with ensuring humanitarian access to victims of military actions were identified, and legal mechanisms for overcoming them were proposed. The research methods include the analysis of regulatory legal acts, in particular the provisions of the Geneva Conventions and Additional Protocols thereto, as well as national legislative acts that adapt IHL norms to the legal field of Ukraine. The study of scientific publications provided an opportunity to consider theoretical aspects of the issue, in particular the issues of hybrid wars, access to humanitarian assistance, and the protection of the civilian population. The practical aspect concerned the analysis of specific cases of violations of IHL during the Russian armed aggression. The results of the study indicate significant gaps in IHL associated with the lack of effective mechanisms for holding the aggressor accountable for violations of humanitarian law. The analysis of Ukrainian legislation demonstrated some progress in its harmonization with international standards, but at the same time revealed a number of shortcomings that require urgent elimination. It was found that the obstacle to the effective application of IHL norms is the lack of unified international standards that take into account the specifics of hybrid wars; difficulties in protecting civilians in conditions of asymmetric conflicts; imperfect legal regulation of the status of combatants and civilians, which complicates their legal protection. The conclusions emphasize the need to improve the national legislation of Ukraine, strengthen international coordination in the field of humanitarian access, as well as develop innovative legal mechanisms that meet the challenges of hybrid wars. The proposed recommendations can become the basis for improving the protection of victims of armed aggression and help ensure the effective functioning of IHL norms in modern conditions.