INTERNATIONAL STANDARDS OF THE RIGHT TO LIFE: PROBLEMS OF ENSURING IN THE CONTEXT OF ARMED CONFLICT

Abstract

The author examines international standards of the right to human life, which is of exceptional importance and occupies a special place not only in the catalog of human rights and freedoms, but also in the system of values of European civilization and the European legal tradition. The author analyzes the correlation between universal and regional acts in the field of the right to human life.

The author examines the interaction of national law, international human rights law and international humanitarian law in the context of armed conflict. The author emphasizes that at the present stage of human development, human rights as a phenomenon and mechanism for their realization and protection require constant interaction and mutual influence of national and international law. It is emphasized that the problem of ensuring and guaranteeing the right to human life in the context of armed conflict is one of the key tasks of the State and the international community, since the consequences of the Second World War proved to humanity that peace and security of mankind are inextricably linked, on the one hand, and the observance of fundamental human rights and freedoms, on the other.

Despite the fact that the international community has developed a set of international acts in the field of both international human rights law and international humanitarian law, there is no international document that would establish a mechanism for the interaction of the norms of these two branches in the context of armed conflict. However, international practice does recognize the mandatory application of both, with international humanitarian law acting as lex specialis in relation to international human rights law.

The right to life remains the least protected in the context of armed conflict, as the Russian Federation completely disregards the principles of international humanitarian law (principles that limit the choice of means and methods of warfare; principles that ensure the protection of combatants and non-combatants, etc.