Сучасні збройні конфлікти: дотримання норм міжнародного гуманітарного права

The article examines the current state of development of international humanitarian law (IHL) and identifies the main challenges facing its implementation in the context of modern armed conflicts. The authors outline the problems of adapting IHL to modern challenges, such as hybrid conflicts, the increasing role of non-state actors, the use of new technologies, and the politicisation of international justice. Special attention is paid to the role of states, international organisations, non-state armed groups and individuals in ensuring the effectiveness of IHL. Particular attention is paid to the role of non-state actors, in particular armed groups, separatist groups and terrorist organisations, which are increasingly involved in modern conflicts. It is noted that such actors often violate the fundamental principles of IHL. The authors analyse examples of gross violations of IHL, in particular, in Syria, Yemen, the Central African Republic, and the Sahel region. Asymmetric conflicts characterised by inequality between the parties pose additional challenges to IHL. The use of terrorist methods, guerrilla tactics and information operations makes it difficult to comply with the principles of humanity and distinction. In addition, the authors draw attention to the problem of identifying the subjects of cyber threats, which complicates the application of relevant IHL rules in the context of modern technologies. The article suggests ways to improve IHL in view of the new realities of war. The main measures include the development of specialised rules to regulate the behaviour of non-state actors, adaptation of humanitarian law provisions to the specifics of the latest technologies, including unmanned aerial vehicles and cyber weapons, and the creation of international and regional mechanisms for the prosecution of violators. Of particular importance is the expansion of the jurisdiction of international judicial bodies, such as the International Criminal Court, and the establishment of regional tribunals. It is concluded that ensuring the effectiveness of IHL in the current environment requires the adaptation of its norms to modern challenges and close cooperation of the international community. Only a comprehensive approach combining the improvement of legal mechanisms and strengthening of international cooperation can ensure the relevance and effectiveness of humanitarian law in the context of modern conflicts.