Kapustin A. Organizational and Legal Basis for the Implementation of International Humanitarian Law in Ukraine

Thesis for the degree of Doctor of philosophy (Ph. D). Specialty 293 "International Law". – International Humanitarian University, Odesa, 2021. The thesis is devoted to a comprehensive study of the organizational and legal basis for the implementation of international humanitarian law in Ukraine and the establishment of characteristics and prerequisites for increasing the level of implementation of the provisions of international humanitarian law in Ukraine. The paper details the extent of scientific development of the organizational and legal basis for the implementation of international humanitarian law in Ukraine, analyses theoretical and legal views on the concept and content of domestic implementation mechanisms of international humanitarian law and the enactment of legislation for the implementation of international humanitarian law in Ukraine. A systematic approach to the consideration of mechanisms and processes for the implementation of international humanitarian law has been justified and introduced. The paper proposes, for the first time, a holistic view of the institutional and legal framework for the implementation of international humanitarian law in Ukraine during the international armed conflict in the territory of Ukraine, including the activities of State and non-State actors. It defines the content and form of Ukraine’s obligation to implement international humanitarian law in the context of the international armed conflict in Ukraine. The author proposes to establish an appropriate institutional and legal mechanism for the effective application of international humanitarian law in the Armed Forces of Ukraine, to wit: 1) direct implementation of international humanitarian law in military legislation; 2) interpretation and clarification of rules of international humanitarian law; 3) dissemination of knowledge concerning international humanitarian law in the Armed Forces of Ukraine; 4) ensuring the strict 11 compliance with the provisions of international humanitarian law in the Armed Forces of Ukraine; 5) monitoring compliance of international humanitarian law in the Armed Forces of Ukraine. The paper further develops the doctrine on content and mechanisms for domestic implementation of international humanitarian law in peacetime and during armed conflict, as well as the connection between the scope of domestic implementation of international humanitarian law in peacetime and its implementation in time of armed conflict. It improves the concept, content and structure of domestic organisational and legal (institutional) mechanism for the implementation of international humanitarian law. It has been demonstrated that measures for implementation of international humanitarian law in the national legal system include the following: 1) monitoring of compliance of national legislation with the provisions of international humanitarian law; 2) initiating amendments to national legislation to bring it into compliance with the State’s obligations under international humanitarian law; 3) monitoring the practice of application of the norms of international humanitarian law in accordance with the State’s obligations under international humanitarian law; 4) initiating changes in the enforcement practices to improve the implementation of the State’s obligations under international humanitarian law; 5)organizational and administrative arrangements for the preparation and implementation of plans to fulfil the State’s obligations under international humanitarian law; 6) dissemination of knowledge concerning international humanitarian law; 7) monitoring and reporting on the implementation of international humanitarian law at the international and national levels; 8) logistical activities aimed at the implementation of international humanitarian law.