31. INTERNATIONAL DIVISION OF LABOR AND INTERNATIONAL SPECIALIZATION The world economy is economic system, covering the national economies of all states and international economic relations. The most important elements of the world economy are the economy

In the 70s-80s. In the twentieth century, as a special institution of modern international law, international humanitarian law has developed, the purpose of which is to protect victims of armed conflicts. In common usage, the word "protection" means the provision of shelter, shelter, shelter; protection from adverse influences. In international humanitarian law, the object of protection is necessarily a person, and it is provided in the context of an armed conflict. Protection, in the sense in which the word is used in international humanitarian law, therefore, means any action the purpose of which is to protect the victims of armed conflicts from possible danger, suffering and abuse of power.

International humanitarian law contains a set of norms designed to provide a person who finds himself in the power of the opposing side with a certain quality of life and respect for personal dignity, however, within the framework of the real, i.e. taking into account military necessity. These rules stipulate that the said person must receive humane treatment and guarantees elementary security, since he may be threatened with arbitrariness on the part of the authorities in whose hands he is. That is why protection can only be granted with the consent of the relevant authorities, who are required to do so by international humanitarian law. The year 1864 was marked by the beginning of the codification, concretization and development of these norms on the initiative of Henri Dunant and then the International Committee of the Red Cross, of which he was one of the founders. Currently, the main sources of international humanitarian law are the four Geneva Conventions for the Protection of Victims of War of August 12, 1949:

· Convention for the Amelioration of the Condition of the Wounded and Sick in active armies(I Geneva Convention);

· Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (II Geneva Convention);

· Convention on the Treatment of Prisoners of War (III Geneva Convention);

· Convention for the Protection of Civilian Persons in Time of War (IV Geneva Convention);

Protocol I, concerning the protection of victims of international armed conflicts;

Protocol II Relating to the Protection of Victims of Non-International Armed Conflicts.

As well as the IV Hague Convention of 1907 and the Regulations on the Laws and Customs of War on Land, which is an annex to it.

Along with universal international treaties, the sources of international humanitarian law are regional treaties, among which highest value For us, the Agreement on Priority Measures for the Protection of Victims of Armed Conflicts of September 24, 1993, concluded within the framework of the CIS, has.

The International Committee of the Red Cross prepared the text of the IV Geneva Convention and both Additional Protocols, and in 1965 adopted Resolution XXVIII entitled "Protection of civilian victims from the scourge of war."

On December 19, 1968, the UN General Assembly adopted the well-known resolution 2444 (XXIII) “On Human Rights in the Period of Armed Conflicts”, which served as an impetus for the adoption of a number of clarifying and developing international legal acts aimed at protecting the victims of war.

The conflict is armed if at the same time it is committed at least from next steps:

a) the invasion of the armed forces of one state into the territory of another state;

b) capturing or injuring at least one combatant from the armed forces of the other side;

c) internment or forced capture of at least one civilian of another belligerent

Despite the fact that the law of war has existed for many centuries, the term combatant was only defined in 1977. Paragraph 2 of Art. 43 of Protocol 1 states: “Persons who are part of the armed forces of a party to the conflict (other than medical and religious personnel) are combatants, i.e. they have the right to take a direct part in hostilities.” This right, as well as the status of combatants, is directly related to their right to be considered prisoners of war if they fall into the power of the opposing side (paragraph 1 of article 44). It is bound by the rules of international law applicable in times of armed conflict and is individually responsible for any violations of those rules it commits. But even such violations "do not deprive the combatant of his right to be considered a combatant or, if he falls into the power of the opposing side, his right to be considered a prisoner of war."

Based on Art. 4 III of the Convention, the following categories of combatants can be distinguished:

· the personnel of the armed forces of a party to the conflict, even if he considers himself to be subordinate to a government or authority not recognized by the enemy;

Members of other militias or volunteer units, including members of organized resistance movements belonging to a party to the conflict and acting on their behalf own territory or outside it, even if that territory is occupied, if all these groups meet four conditions:

a) have at their head a person responsible for their subordinates;

b) have a definite and clearly visible from afar distinctive sign;

c) openly carry weapons;

d) observe in their actions the laws and customs of war.

Various categories of persons who do not fall under the definition of combatants given above or who are not combatants are entitled to the status of prisoners of war.

These include:

Persons taking part in spontaneous mass armed uprisings, when the population of an unoccupied territory, when the enemy approaches, voluntarily takes up arms to fight the invading troops, without having time to form into regular troops, if they openly carry weapons and observe the laws and customs of war;

Persons who follow the armed forces, but are not part of them directly (for example, accredited war correspondents);

Crew members of merchant fleet ships and crews civil aviation parties to the conflict;

· persons who are members of the armed forces and employees of civil defense organizations (art. 67 of Protocol I).

In dealing with the issue of combatants, one should specifically single out those who operate as part of the so-called irregular armed forces, and above all the participants guerrilla war. Under partisans refers to persons organized into detachments that are not part of the regular armies, fighting mainly behind enemy lines in the process of a just war against foreign invaders and based on the sympathy and support of the people. International law links the recognition of the status of a lawful combatant for each guerrilla individually with the fulfillment by him of a number of specific conditions, which I mentioned above when considering the issue of categories of combatants.

The regime of military captivity is designed to ensure not only the preservation of the life of a prisoner of war, but also the protection of his inalienable human rights. In this connection, it must always be remembered that prisoners of war are in the hands of the enemy Power and not of individuals or military units who took them prisoner (Article 12 III of the Convention). Consequently, for everything that happens to prisoners of war, the state of the enemy is responsible, but this does not detract, however, from the individual responsibility of persons in case they violate the rules for the treatment of prisoners of war. III Convention regulates in detail the procedure for keeping prisoners of war:

– their accommodation, provision of food and clothing;

– requirement of hygiene and provision medical care;

- religious, intellectual and physical activities, etc.

In accordance with Art. 122 warring countries are obliged to organize information desks on the affairs of prisoners of war, which must answer all questions related to prisoners of war.

III Convention establishes the institution of trustees. Art. 79 provides that in all places of detention of prisoners of war, with the exception of those where there are officers, prisoners of war have the right freely, by secret ballot, to elect trusted persons who are to represent them before the military authorities. In camps for officers and persons equated to them and in mixed camps, a senior prisoner of war officer is recognized as a trusted person. Using the prerogatives and benefits listed in Art. 81, confidants of prisoners of war contribute to their moral and physical well-being. It should also be noted that the parties to the conflict, for humanitarian reasons, should try to repatriate prisoners of war without waiting for the end of the war, and if possible on a reciprocal basis, that is, through the exchange of prisoners. Concluding the consideration of this issue, it must be emphasized that prisoners of war who do not have a recognized status of prisoners of war, nevertheless, always have the right to the basic guarantees provided for in Art. 75 of Additional Protocol I.

If you look at the history of wars, you can see that the civilian population suffers most from the consequences of hostilities, and in the 20th century this situation has acquired a terrifying trend. So, during the First World War, 95% of the losses were military personnel and only 5% were civilians. During the Second World War, the picture turned out to be completely different: 75% of the losses were civilians and 25% were military personnel. In some modern armed conflicts, over 90% of casualties are civilians. These figures clearly demonstrate the need to protect individual civilians and the civilian population as a whole from the consequences of war.

For the first time, an attempt to define "civilian" and "civilian population" was made by the authors of the IV Geneva Convention for the Protection of Civilian Persons in Time of War. According to Art. 4 The protection of this Convention shall cover persons who are at any time and in any way, in the event of a conflict or occupation, in the power of a Party to the conflict or of an Occupying Power of which they are not nationals.

And the exclusion is:

a) nationals of any state not bound by the provisions of the said convention;

b) citizens of a neutral state who are in the territory of one of the belligerent states, as long as the state of which they are citizens has a normal diplomatic representation in the state in whose power they are;

c) citizens of any co-belligerent state (under the same condition);

d) persons under the protection of the other three Geneva Conventions: the wounded, sick and shipwrecked, as well as prisoners of war.

P. 1, Art. 50 states: “A civilian is any person who does not belong to any of the categories of persons specified in Art. 4 III of the Convention and art. 43 of this Protocol".

In other words, a civilian is any person who does not belong to the combatant category.

According to Protocol I, the civilian population consists of all persons who are civilians.

Under all circumstances, it is prohibited:

· Acts of violence or threats of violence with the primary purpose of terrorizing the civilian population;

Indiscriminate attacks, regulated in detail by paragraphs 4 and 5 of Art. 51 Protocol I;

• attacks on the civilian population or individual civilians in the form of reprisals;

• using the presence or movement of the civilian population or individual civilians to protect certain points or areas from hostilities, in particular in an attempt to protect military installations from attack or to cover up military operations, to facilitate or hinder them. Of course, it is forbidden to use starvation among the civilian population as a method of warfare (art. 54).

· International humanitarian law recognizes two categories of armed conflict.

The quintessence of the provisions of international humanitarian law applicable in times of armed conflict are the following
Basic Rules:

1. Persons hors de combat and those who do not take a direct part in hostilities have the right to respect for their lives, moral and physical integrity. In all circumstances, they are entitled to protection and humane treatment without any discrimination.

2. It is forbidden to kill or injure an enemy who surrenders or is hors de combat.

3. The wounded and sick must be selected and cared for by the party to the conflict in whose power they are. Medical personnel, institutions, vehicles and equipment. The red cross or red crescent emblem signifies the right to such protection and must be respected.

4. Captured combatants (hereinafter referred to as combatants) and civilians in territory controlled by the enemy have the right to respect for their lives, dignity, personal rights and convictions. They must be protected from violence and reprisals and have the right to correspond with their families and receive assistance.

5. Everyone is entitled to basic legal guarantees. No one should be subjected to physical and mental torture, corporal punishment, or cruel or degrading treatment.

6. The parties to the conflict and their armed forces cannot enjoy an unlimited choice of methods and means of warfare. It is prohibited to use such weapons and such methods of warfare that, by their nature, are likely to cause unnecessary loss or cause undue suffering.

7. The parties to a conflict are under an obligation to distinguish at all times between civilians and combatants and to spare civilians and property as far as possible. Neither the civilian population as a whole nor individual civilians shall be the object of attack.

Human rights are rights that are objective in their essence, inalienable, natural, belonging to a person as such, since he is a person, that is, by virtue of his very human nature. Hegel, for example, noted that man as such has the right to freedom.

Human rights are certain social claims, measures of socially justified freedom of human behavior, which develop along with the development of society and the socialization of man.

Human rights are directly social: they are fixed and exist outside of any external forms of social mediation. There is a direct connection between the phenomenon of human rights and the idea of ​​natural law, which is based on the objective existence of initial, socially justified and socially necessary conditions(rights and freedoms) of human life. At the same time, within the framework of the ideas of natural law and human rights, it is also justified to raise the question of the natural, directly social obligations of a person to society (Article 29 of the Universal Declaration of Human Rights).

Human rights are a variety of direct social rights, if we also bear in mind the existence of direct social rights of social communities (peoples, nations, various associations, etc.). Although the directly social rights of collectives can be regarded as a form of expression and a means of exercising the human rights of the individual. And in this capacity, as Prof. Lukashev, the direct social rights of collectives must be tested by the "human dimension", that is, the rights of the individual.

Despite the possibility of ascertaining and fixing human rights as such, as objectively existing phenomena, their implementation mechanism, the mechanism of reaching the behavioral level is rather complicated. The scope of human rights, their implementation depend on the state of society, the level of its development and the nature of the organization, on the extent to which human rights are mastered by public consciousness. The effectiveness of the implementation of human rights also depends on their normative registration, inclusion in one form or another (as norms of customs, moral norms, legal norms, etc.) in the system of normative regulation of society.

In connection with the process of development of human rights and the progress of society as a whole, several generations of human rights are distinguished.

The first generation - human rights, ensuring individual freedom, protection from any interference in the exercise of the rights of a member of society and political rights: freedom of speech, conscience and religion; the right to life, liberty and security; equality before the law; right to justice, etc.

Second generation - social, economic and cultural rights:

the right to work and free choice of work; the right to social security;

the right to rest; the right to education, etc.

Third generation - collective rights(began to take shape after the Second World War): the right to peace, to a healthy environment, nuclear safety, etc.

With all the modern diversity of human rights and the difference in theoretical approaches to this problem, one can single out the initial, fundamental human rights that form the basis of the entire complex of human rights: the right to life, the right to freedom, the right to equality (initial, "starting" equality of people). These fundamental human rights are enshrined as starting points in the Universal Declaration of Human Rights, adopted by the UN December 10, 1948, which is a document of a non-state character, for the first time in the history of mankind, extended human rights to all people on the planet. From that moment on, human rights and freedoms ceased to be only internal affairs states.

In addition to the named Declaration, the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966) were adopted. Optional Protocol to the International Covenant on Civil and Political Rights (1966). Based on these documents, a person became a subject of international law. These international legal acts take precedence over the domestic legislation of the participating countries, and their citizen has the right to apply to the UN Human Rights Committee if he has exhausted all available domestic funds legal protection (a similar provision is contained in Article 46 of the Constitution of the Russian Federation).

On December 20, 1993, the United Nations established the post of High Commissioner for Human Rights, who is appointed General Secretary UN and is his deputy.

Along with the UN bodies, there is a European system for the protection of human rights, created on the basis of the European Convention for the Protection of Human Rights and Fundamental Freedoms (entered into force on September 3, 1953), - the European Commission on Human Rights and the European Court of Human Rights. The decision of the European Court of Justice on an individual complaint is binding, final and not subject to appeal.

In November 1991, the Declaration of the Rights and Freedoms of Man and Citizen was adopted in Russia, which became an organic part (Chapter 2) of the 1993 Constitution of the Russian Federation.

The state is obliged to recognize, observe and protect the rights of man and citizen. Domestic law mechanisms have essential for the implementation of human rights. On March 4, 1997, the Federal Constitutional Law “On the Commissioner for Human Rights in the Russian Federation” was officially published and entered into force.

For the first time, human rights were legally recognized in 1776 in the Constitution american state Virginia, and then in the Bill of Rights of 1791, which was 10 amendments to the US Constitution of 1781. In 1789, the Declaration of the Rights of Man and of the Citizen was adopted in France.

Previous contributions to the development of human rights were made by the English Magna Carta (1215), the Petition of Right (1628), the Habeas Corpus Act (1679), the Bill of Rights (1689).

In 1945, the UN Charter was adopted, proclaiming as one of the goals of this organization the implementation of international cooperation in the humanitarian sphere, the promotion and development of respect for human rights and fundamental freedoms of all people without exception. This document was the main political and legal foundation for subsequent cooperation sovereign states and peoples in the field of human rights and freedoms.

Another important document was the Universal Declaration of Human Rights of 1948. For the first time in the history of mankind, they were formulated and recommended for implementation in all countries fundamental human rights and freedoms, which are regarded throughout the world as standards, models for relevant national legal documents (for example, sections of constitutions on the rights of citizens).

The creators of the Declaration, proclaiming the universal minimum of rights and freedoms, proceeded from their understanding of the level of development of human civilization as a whole. The Declaration is not a legally binding document and has the character of a recommendation to all peoples and states of the world. However, her practical value very large.

At least every person needs to know about the existence of the International Bill of Human Rights, which consists of the following documents:

1) the Universal Declaration of Human Rights known to you;

2) International Covenant on Economic, Social and Cultural Rights;

3) the International Covenant on Civil and Political Rights, as well as the Optional Protocol to the latter Covenant.

International legal protection of individual freedom is also judicial protection. When all domestic methods and institutions have been exhausted, a citizen has the right to apply to international judicial bodies, for example, to the European Court of Human Rights. Here is how, for example, an article of the Constitution of the Russian Federation says in relation to the situation described: “Everyone has the right, in accordance with the international treaties of the Russian Federation, to apply to international bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted” (paragraph 3 of Article 46 ).

International protection rights and freedoms evolves, providing, in essence, the right of mankind to evolution, even to survival. Examples of the protection of certain peoples from aggression, from discrimination, from violation of human rights and freedoms become more and more numerous and impressive at the end of the 20th century. The activities of international tribunals, UN bodies in this direction, the applied international economic and other sanctions - all this has already become part of the international legal practice of protecting individual freedom