Protection of Civilians in International Humanitarian Law: Problems of Compliance in Time of War

The protection of civilians is one of the central issues of modern international humanitarian law, especially in the context of the growing number of armed conflicts and the scale of the humanitarian consequences of war. Violations of civilians’ rights, destruction of civilian infrastructure and the spread of violence against vulnerable groups of the population indicate the need for an in-depth analysis of the effectiveness of existing legal mechanisms for their protection. In this regard, it is important to study the practical application of international humanitarian law and identify the main problems of its observance. The purpose of the study is to provide a comprehensive analysis of the mechanisms for the protection of civilians in international humanitarian law and to identify the main problems of compliance with the relevant rules under the conditions of contemporary armed conflict. The object of the study is the international legal mechanisms for ensuring the protection of civilians in time of war. The methodological basis of the study is the doctrinal method of analysis of international legal norms, the method of analysis of case law and the comparative legal method. The results of the study show that the modern system of international humanitarian law forms a comprehensive regulatory framework for the protection of civilians, which includes international treaties, case law and national implementation mechanisms. The authors establish that the key role in ensuring such protection is played by the principles of distinction between civilians and combatants, proportionality in attack and the obligation of parties to the conflict to take all feasible precautions to avoid or minimize incidental harm to civilians. An analysis of the case law of international judicial institutions has shown that these principles are actively applied in the interpretation of international humanitarian law. At the same time, the study found that the effectiveness of legal protection of civilians largely depends on the level of implementation of international norms in national legal systems. It is also established that modern armed conflicts are characterized by complex humanitarian challenges that require strengthening of international control and accountability mechanisms. The practical significance of the results obtained is that they can be used to improve the legal mechanisms for ensuring the protection of civilians during armed conflicts.