Title |
Precautions in attack under international humanitarian law |
Translation of Title |
Atsargumo priemonės, taikomos atakuojant pagal tarptautinę humanitarinę teisę. |
Authors |
Yashyna, Kateryna |
Full Text |
|
Pages |
101 |
Keywords [eng] |
international humanitarian law ; conduct of hostilities ; precautions in attack ; feasibility ; attack warning |
Abstract [eng] |
Interpretative ambiguities in the scope of precautions in attack could not be underestimated, having regard to statistical figures concerning civilian casualties in the course of contemporary armed conflicts, especially those happened in urban and densely populated areas. Such immutably increasing tendency is influenced by a proliferation of urbanized asymmetrical armed conflicts characterized by a distorted inequality of belligerents’ technological capabilities. This research is aimed at defining material, personal and temporal scopes of precautions in attack, in order to facilitate the enhancement of the level of civilian protection by improving existing legal framework through the elimination of all possible inconsistencies. The determination of the scope of persons assuming a responsibility for a proper fulfilment of each precautionary obligation on behalf of warring parties is followed by a detailed analysis of the scope of persons and objects entitled to a protection granted by the precautionary rules, the nature of “feasibility” caveat and applicable standards for an assessment of an attack warning’s effectiveness. The present research emphasizes the necessity to amend existing provisions with regard to precautions in attack for ensuring consistency and integrity of the protection being granted to civilians, civilian objects and other exhaustively enumerated objectives. |
Dissertation Institution |
Mykolo Romerio universitetas. |
Type |
Master thesis |
Language |
English |
Publication date |
2019 |