Adaptation of international humanitarian law to the challenges of hybrid warfare under martial law: the case of the Russian-Ukrainian war

The article is dedicated to the study of pressing issues in the legal regulation of martial law and ensuring compliance with the norms of international humanitarian law (IHL) in the context of modern armed conflicts, particularly using the example of the Russian-Ukrainian war. Special attention is given to analyzing the situation in Ukraine caused by the full-scale aggression of the Russian Federation, accompanied by numerous violations of IHL norms. The article highlights the shortcomings of existing international mechanisms for control and enforcement, which fail to provide adequate protection for civilians and prisoners of war under current conditions. The author points out that hybrid warfare, combining traditional military actions with unconventional methods such as cyberattacks, economic pressure, disinformation, and the use of proxy forces, challenges the effectiveness of existing international legal norms. The necessity of adapting IHL to address new challenges is emphasized, along with ensuring a balance between protecting national security and the rights and freedoms of citizens during martial law. The article analyzes key scholarly approaches to addressing these issues, including proposals for modernizing both national and international legislation. Particular attention is paid to the role of the Geneva Conventions in regulating the protection of civilians, prisoners of war, the wounded, and medical personnel. The author emphasizes the importance of implementing the provisions of these international instruments into Ukraine’s national legislation. The challenges of law enforcement in hybrid warfare are examined, including the lack of effective mechanisms to regulate cybercrimes, information aggression, and other forms of hybrid actions. Based on the analysis of contemporary research, conclusions are drawn about the importance of digitalizing the processes for recording war crimes, developing modern tools for documenting evidence, and fostering cooperation with international organizations such as the UN and OSCE. The creation of new mechanisms for holding violators of IHL accountable is proposed, including the development of a specialized international tribunal for hybrid crimes. The practical significance of the study lies in formulating recommendations for improving Ukraine’s national legislation to integrate international humanitarian law standards, as well as creating effective international mechanisms for humanizing armed conflicts. The results obtained can be used in further scientific research aimed at developing legal mechanisms to adapt IHL to the realities of modern conflicts, enhancing legal provisions for martial law, and protecting human rights.