INTERNATIONAL FORUM "DEVELOPMENT OF PARLIAMENTARISM" ROUND TABLE International Humanitarian Law: Modern Problems and Prospects of Development 186 INTERNATIONAL FORUM "DEVELOPMENT OF PARLIAMENTARISM" ROUND TABLE International Humanitarian Law: Modern Problems and Prospects of Development Formulation methods of war, established by international humani- tarian law, as well as the rules for the protection of vic- of the Problem tims of war and civilian objects. Regulating the limitation of means and methods Failing to comply with the principles of interna- of warfare and the protection of war victims, inter- tional humanitarian law has led to a huge number of national humanitarian law has gone a long way of civilian casualties, the destruction of civilian objects, becoming. Key milestones in the emergence of mod- cultural values. These are irreplaceable losses for mil- ern international humanitarian law are the Battle of lions of people, individual states, and humanity as a Solferino in 1859, witnessed by the Swiss citizen Henri whole. Dunant, the adoption of the Geneva Convention for the There are acute problems with refugees and inter- Protection of the Wounded and Sick in the War of 1864 nally displaced persons, the protection of journalists, and the St. Petersburg Declaration on the Abolition of and the provision of humanitarian assistance in con- Explosive and Incendiary Bullets of 1868, as well as temporary armed conflicts. the Hague Conventions and Declarations of 1899 and In connection with the development and use of 1907. Subsequently, military technologies, the nature new types of weapons, peacekeeping operations, the of armed conflicts, their sides have constantly evolved, creation and involvement of private military compa- and at the same time, international humanitarian law nies, there are disagreements between states and ex- has developed and it continues to develop. perts on the interpretation and application of existing The sources of modern international humanitar- regulations. Unfortunately, non-compliance with the ian law are international customs and international norms of international humanitarian law and impuni- treaties, including a number of the Hague Conven- ty of violators is perceived by the general public as the International tions and Declarations of 1899 and 1907, the Geneva inefficiency of the law itself. Of course, this is not so. Conventions on the Protection of the Victims of the War of 1949 and the Additional Protocols to them, the Convention for the Protection of Cultural Property in Russia's Contribution Humanitarian Law: the Event of Armed Conflict of 1954 and the Protocols to the Development of IHL to it, the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which Russia has made a great contribution to the devel- May Be Deemed to Be Excessively Injurious or to Have opment of international humanitarian law. Adopted at Indiscriminate Effects of 1980 and Protocols to it, the the conference convened by Russia, the St. Petersburg Modern Problems Convention on the Prohibition of the Production and Declaration on the Abolition of Explosive and Incendi- Stockpiling of Bacteriological (Biological) and Toxin ary Bullets of 1868 was the first international treaty Weapons and on their Destruction, 1972, the Conven- aimed at limiting the means and methods of warfare. tion on the Prohibition of the Development, Produc- Another progressive and constructive initiative of and Prospects tion, Stockpiling and Use of Chemical Weapons and Russia was the proposal to convene and hold a confer- on Their Destruction, 1993. They consolidate the prin- ence in Brussels in 1874, where the Brussels Declara- ciples of modern international humanitarian law: the tion on the Laws and Customs of War on Land was principle of proportionality, the principle of distin- drafted. The Hague Peace Conferences of 1899 and 1907, of Development guishing between civilians and combatants, civilian where the Hague conventions and declarations estab- and military targets, the principle of military necessi- lishing the rules for warfare and the peaceful settle- ty, the principle of prohibiting unnecessary suffering ment of international disputes were also convened at that must be respected in all modern armed conflicts. the initiative of Russia and successfully conducted Most of the states are participants in many of these thanks to the Russian scientist, the world-renowned treaties. Undoubtedly, all these international treaties genius, Professor Fedor Martens. Conceived as confer- testify to the significant contribution of the world ences on disarmament, they turned into peace confer- community to the prevention and alleviation of the ences. horrors of war. These sources have been implemented Russia has consistently reaffirmed the importance in the legislation of many states, including the Rus- and effectiveness of putting forward timely initiatives sian Federation. on common topical issues related to armed conflicts However, despite these achievements in interna- and proposals for their resolution based on the norms tional law and the national legislation of many coun- of international law. Russia's role is indisputable in tries, there are many problems in modern armed con- putting forward its own initiatives and coordinating flicts, associated with participants of armed conflicts the positions of other states on the basis of the con- not complying with the limitations of the means and cept of the common good. 187 INTERNATIONAL FORUM "DEVELOPMENT OF PARLIAMENTARISM" practical and legal problems of contemporary armed Development of IHL: conflicts and to find ways to solve them. Parliamentary Agenda for Parliamentarians diplomacy can be an effective tool for developing and proposing initiatives aimed at solving these problems. The history of the development of international National parliaments have a special responsibility law in general and international humanitarian law regarding the implementation of international hu- in particular has shown, even in the most difficult manitarian law in national legislation. historical periods, the need and the possibility of It is necessary to comprehensively analyze and coordinating the positions of various states on the compare the current norms of the national legisla- formation of the principle of abstaining from the threat tion of various states where the norms of interna- or use of force on the one hand, and the principles of tional humanitarian law are implemented and to regulating war on the other. Despite the fact that it identify existing legal gaps and differences in ap- has not always been possible for states to immediately proaches. enact regulations of a binding nature; nevertheless, Inter-parliamentary cooperation should be aimed the basis for future international treaties was laid. at developing common (harmonized) approaches Today, against the backdrop of serious contradictions within the implementation of norms of interna- between participants in modern armed conflicts, aware- tional humanitarian law and strengthening the role ness of the need to continue such work is in demand. of national legislators in addressing pressing issues The most important task at the present stage is to arising in connection with armed conflicts. combine the efforts of the entire global community to The activities of each parliament and inter-par- ensure compliance with the current norms of international liamentary cooperation open up unique opportuni- humanitarian law and its progressive development. ties for drawing attention to the problems, aims, and It is necessary to use the competencies of national principles of international humanitarian law and parliaments in order to objectively assess the existing mitigating the consequences of wars for peoples. Principles of International Law Recognized in the Charter of the Nurnberg Tribunal and in the Judgment of the Tribunal1 Principle I Principle V property, wanton destruction of cities, towns, or villages, or dev- Any person who commits an act Any person charged with a crime astation not justified by military which constitutes a crime under under international law has the necessity. international law is responsible right to a fair trial on the facts therefor and liable to punish- and law. (c) Crimes against humanity: ment. Principle VI Murder, extermination, enslave- Principle II The crimes hereinafter set out ment, deportation and other in- human acts done against any The fact that internal law does are punishable as crimes under civilian population, or persecu- not impose a penalty for an act international law: tions on political, racial or reli- which constitutes a crime under a) Crimes against peace: international law does not relieve gious grounds, when such acts the person who committed the i) Planning, preparation, initi- are done or such persecutions act from responsibility under in- ation or waging of a war of ag- are carried on in execution of ternational law. gression or a war in violation or in connection with any crime of international treaties, agree- against peace or any war crime. Principle III ments or assurances; Principle VII The fact that a person who com- ii) Participation in a common Complicity in the commission mitted an act which constitutes plan or conspiracy for the ac- a crime under international law of a crime against peace, a war complishment of any of the acts crime, or a crime against human- acted as Head of State or respon- mentioned under (i). sible Government official does ity