Transformation of the legal system in a time of war: international, administrative, and criminal aspects

Abstract

The authors of the article discuss international humanitarian law (IHL) as a normative mechanism for the protection and defense of victims of armed conflicts. The problems of IHL due to the loss of effectiveness of international legal regulation are pointed out. The aim of the article is a broad theoretical-legal and international-practical analysis of the transformations of the legal system under conditions of war. The basis of this scientific search was a system of methodology, which includes a complex of three levels of philosophical, general scientific and specifically scientific methods and a group of approaches, conditioned by the subject of the research. As a result of the analysis, it was shown that the current system of international legal regulation has significant drawbacks. The most significant of them is the declarative character of the rules, caused by the absence of an effective system of accountability and the failure to update the doctrine of IHL rules in the light of new challenges and transformations of the political and social reality. In addition, the analysis of the organizational and administrative problems of the regulation of the law of war indicated that the institutional guarantees in a military conflict also need revision.