FEW WORDS REGARDING THE CONFLICT REGULATION

#47Few words regarding the conflict regulation

International and European law stand on fundamental pillars and principles that lead to the maintenance of unity, order and harmony in the world. These include respect for the territorial integrity of states, human dignity, freedom, democracy, equality, the rule of law and respect for human rights and fundamental freedoms. The legally binding regulation of these principles is enshrined in international treaties - primarily the Charter of the United Nations (The UN Charter), which is signed by approximately 190 UN member states.

In its Article 2.4, the UN Charter prohibits "the use of force against the territorial integrity or political independence of any State". This is an expression of an international principle - the prohibition of the unjustified use of force. If an armed conflict occurs on the territory of an independent state, this legally binding principle can be said to be violated. Non-compliance can be sanctioned and liability can be invoked. Liability may be defined in broad and narrow sense. In a narrower sense as individual responsibility and in a broader sense as state liability. However, the principle of the presumption of innocence must always be respected when imposing liability.

The International Criminal Court, seated in The Hague, is responsible for adjudicating cases of war conflicts. Also, the UN Security Council (UNSC), composed of permanent and non-permanent members, has jurisdiction and the resolution of conflicts. The permanent members are, e.g. Russia, France, and the United Kingdom. In the event of a breach, the UNSC has the power to authorize the use of force under the UN Charter in order to preserve international peace and security. In the case of the exercise of this power, there is an exception, for the permanent members of the UNSC, namely the use of the "veto power" and thus to express their disapproval.

International law recognizes several types of crimes: aggression, genocide, war crimes and crimes against humanity. War crimes are acts committed during an armed conflict that constitute a serious violation of international humanitarian law (e.g. an attack on a civilian population). The concept of aggression can be considered a crime from the perspective of international criminal law, from which individual responsibility can be inferred.  This crime is defined in the ICC Statute as “planning, preparing, initiating or carrying out an act”, which is a clear violation of the UN Charter.

However, not every violation of the norms and rules of international law automatically constitutes a war crime for which liability can be inferred. For legal assessment it is always necessary to look at the legitimacy of the reason or action that a particular person, by a particular conduct, carries out and chooses the multiple means that are necessary to achieve the objective. For example, an attack on a military objective may not be considered unlawful if sufficient precautions have been taken to save the civilian population. On the other hand, a violation of the norms occurs precisely if the attack on civilians was targeted and deliberate.

International law also regulates the law of environment, where general rules permit the use of weapons, nuclear weapons only if they would not cause unnecessary suffering in order to avoid extensive and long-term damage to the environment. In this area, the Treaty on the Prohibition of Nuclear Health, which entered into force in 2017, was also adopted. However, the treaty is not legally binding on all states, including Russia and Ukraine.  

Last but not least, armed war conflicts also constitute a significant interference with fundamental human rights and freedoms. Therefore, in order to preserve and respect fundamental human rights and freedoms, legally binding rules, peace and security, armed attacks should not be considered as a way of resolving disputes, and the parties to the conflict should always strive to come to an amicable settlement.