Klimchuk U. The system of principles of international humanitarian law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U000755

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

17-02-2003

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The thesis is dedicated to the research of basic clauses of principles of international humanitarian law and the analysis of the sphere of their application what gives the possibility to reveal the prior directions of development and codification of the present branch of international law. The particular attention is devoted to the internal armed conflicts which are the most prevalent and present a lot of difficulties during the international and legal control. Here is examined the evolution of the customs and normative acts which are destined for the regulation of armed fight on the base of humanity including the religions prescriptions about the rules of the conducting of war. Here are analyses separately the contribution of the work of Gugo Grozia "About the law of war and peace" (1625) and Code of Liber (1863) in the formation of the humane conception of the Law of war. Here is formulated the laconic system of the principles of International Humanitarian law which includes the principles of humanity military necessity, limits, respect, defense and responsibility. The branch principles provide the conformity of normative and legal acts to the aims and content of International Humanitarian Law, and they are also the criterion during the estimation of the legal character of the actions of the subjects of International Law and the fighting sides during armed conflicts. In the thesis is proposed the classification of the sources of principles of the Law of War the definition of International Humanitarian Law and the internal armed conflict and the measures of the further perfection of Humanitarian Law, the project of the declaration of the principles of International Humanitarian Law was worked out.

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