A INEFICÁCIA DA APLICAÇÃO DO DIREITO INTERNACIONAL HUMANITÁRIO NO ÂMBITO DAS GUERRAS: RESPONSABILIDADE E PROTEÇÃO DAS PESSOAS EM CONFLITOS BÉLICOS

This article analyzes the formation, evolution and relevance of International Humanitarian Law (IHL) using the deductive method, based on bibliographical research and using a historical and comparative analysis, focusing on the principles that underpin it and its applicability in contemporary armed conflicts. IHL is the law that protects individuals present in war contexts, a guarantee that has developed over time and with the advancement of society, which, from the beginning, has seen conflicts resolved through wars, seeking to resolve the differences between ethnic groups. The creation of Humanitarian Law was fundamental to preserving human life in the face of negative results in war territories, guarantees that have come to implement international standards with the objective of solving humanitarian problems. Despite this advancement of IHL, it is clear that this law still faces challenges in its application to this day, since there are direct violations of human dignity as a consequence of wars, especially when they involve great powers. In light of these events, we will analyze in depth how guarantees are implemented in armed conflicts, which still generate situations of extreme scarcity and danger to human beings present in conflict sites, in order to ensure people's safety. We will observe the need for continued development of International Humanitarian Law to avoid labeling based on the past and to resolve inconsistencies that have arisen over time, since society continues to develop.