In 1945, the UN Charter was adopted, proclaiming the implementation of international cooperation in the humanitarian sphere, promoting and developing respect for human rights and the main freedoms of all people without exception. This document was the main political and legal foundation for the subsequent cooperation of the sovereign states and peoples in the field of human rights and freedoms.

Another important document was the Universal Declaration of Human Rights of 1948. For the first time in the history of mankind, were formulated and recommended for implementation in all countries basic human rights and freedomswhich all over the world are treated as standards, samples for relevant national legal documents (for example, sections of the constitutional rights of citizens).

The creators of the declaration, proclaiming the universal minimum of rights and freedoms, proceeded from their understanding of the level of development of human civilization in general. The Declaration is not a legally binding document and has the nature of the recommendation to all peoples and states of the world. Nevertheless, its practical significance is very large.

To each person, at least you need to know about the existence of an international billion of human rights consisting of the following documents:

1) known to you the Universal Declaration of Human Rights;

2) International Covenant on Economic, Social and Cultural Rights;

3) International Covenant on Civil and Political Rights, as well as the Optional Protocol to the Last Covenant.

International legal protection of individual freedom is a judicial protection. When all domestic methods and institutions have been exhausted, a citizen has the right to apply to international judicial authorities, for example, to the European Court of Human Rights Protection. Here is how it says, for example, the article of the Constitution of the Russian Federation in relation to the situation described: "Everyone has the right to apply in accordance with the international treaties of the Russian Federation to apply to international human rights and freedoms, if all the available domestic remedies have been exhausted (paragraph 3 of Article 46 ).

International protection of rights and freedoms evolves, providing essentially human rights to evolution, even for survival. Examples of protection of some nations from aggression, from discrimination, from violation of human rights and freedoms becomes increasingly numerous and impressive. The activities of international tribunals, UN bodies in this direction applied by international economic and other sanctions - all this has already entered the international legal practice of protecting freedom of personality

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What is human rights? 1) According to natural-legal theory, these are the rights inherent in the nature itself, without which it cannot exist as a biosocycinochny creature. Human rights belong to him from birth, by virtue of the laws of nature, do not depend on the recognition by the state. The state can only consolidate, guarantee them or limit. 2) Supporters of the positivistic concept of human rights believe that the rights and freedoms are established by the will of the state and derivatives from it. It is the state that determines the list and content of the rights that it gives its citizens. Human rights are regulatoryly decorated (ie, presented in the form of clearly executed norms) features of the existence of the personality, which express its freedom and are a necessary condition for her life, its relationship with other people, with society, the state.

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International Documents The foundation of the existing human rights and freedom system is the International Bill on Human Rights (Human Rights Charter) \u003d Universal Declaration of Human Rights (December 10, 1948) + International Covenant on Economic, Social and Cultural Rights (1966) + International Covenant on Civil and Political Rights (1966) + Optional Protocol to the Last Covenant (1966) + Second Additional Protocol, aimed at canceling the death penalty (1989).

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The protection of human rights today in Europe has three systems of human rights protection: UN system based on the Charter of Human Rights and other UN Documents. Systems and Cooperation Meeting and Cooperation Meeting (CSC). Council of Europe (CE).

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UN System In 1946, the UN Economic and Social Council (ECOSOC), which operates under the guidance of the General Assembly, established a UN Commission on Human Rights as an subsidiary body. Each year at the session of the Commission, not only 53 Member States are collected, but over 100 observer states. In 1976, UN was established by the Human Rights Committee, consisting of 18 experts.

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CSCE system The final act of the CSCE, signed in Helsinki (1975), contributed to the emergence of the public movement of human rights defenders \u003d\u003e Organization for Security and Cooperation in Europe (OSCE). Unlike the Council of Europe, the OSCE has no established mechanism for the consideration of individual complaints.

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The Council of Europe System by his leading document was the European Convention on the Protection of Human Rights and Fundamental Freedoms (1950), as well as additional protocols to the Convention, which included the entire list of civil and political rights and some socio-economic rights. Special mechanisms have been created for monitoring their implementation - the European Commission and the European Court of Human Rights in Strasbourg.

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International crimes and offering Types of international crimes: actions aimed at unleashing or making an aggressive war; war crimes (murder and torture of the peaceful population of occupied territories, hostages, prisoners of war, meaningless destruction of settlements); crimes against humanity.

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International humanitarian law The founder of science of international law of Hugo Grotia in his book "On the Law of the War" (1625), proceeded from the fact that each state has the right to lead the wars that he subdivided into fair and unfair. He believed that in any war violence should have its limits and is allowed only to achieve victory, the life of the civilian population should be defended.

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International humanitarian law - a set of norms of both the contractual and ordinary nature, which are intended to solve humanitarian problems that are direct consequence of armed conflicts - international or internal, and limit on humanitarian reasons the right of parties to conflict choose the methods and means of conducting hostilities And also provide protection to persons and property that suffered or may suffer as a result of conflict.

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Combatants are all organized armed forces, groups and divisions under the command of the person responsible for the behavior of their subordinates. Combatants are allowed to apply force, take the enemy captured, kill an armed enemy. Once in the hands of the enemy, they become prisoners of war.

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Combatants include personal composition of regular armed forces; irregular forces - partisans, personal partitions and voluntary detachments; crews of trade maritime courts and crews of civil aircraft of warring parties if they are converted to military; fighters participating in national liberation wars fighting against colonialism , racism and foreign domination; the population of the neocopped territory, which, when approaching the enemy, is taken for the weapon to combat invading troops, did not have time to form in regular troops (if it is openly wearing weapons and complies with the laws and customs of war).

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Mercenaries are persons entering the fee into an armed struggle in defense of illegal (colonial, racist and other similar) regimes. Mercenaries are not under the auspices of international law and are punishable as criminal criminals. Unlike volunteers, mercenaries are not included in the personnel of the armed forces and cannot be considered as legitimate combatants. A special committee has been established to develop a convention on the fight against recruitment, use, financing and training of mercenaries, in which these actions should be considered as an international crime.

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Sources of international humanitarian law Geneva conventions 1949: "On the improvement of the participants of the wounded and patients in the existing armies" (Convention I); "On improving the fate of the wounded, patients who suffered shipwreck, from the composition of the Armed Forces at the Sea" (Convention II); "On the handling of prisoners of war" (Convention III); "On the defense of the civilian population" (Convention IV). Head Conventions of 1948: against the crimes of genocide; Refugee Convention. Additional Protocols 1977: Additional Protocol I (new standards governing international armed conflicts); Additional Protocol II (norms regulating armed conflicts of an internationally international character).

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Sources of international humanitarian law Convention 1954 on the protection of cultural property. Conventionation of 1972 on the prohibition of the development, production and accumulation of bacteriological weapons. Conventionation of 1976 on the prohibition of military or any other hostile use of means of impact on the natural environment. Convention 1980 On the prohibition or restriction of the use of specific types of conventional weapons, which can be considered excessive damage or to have an indiscriminate effect. The general declaration of human rights (1948), the most important provisions of which were developed in relation to military time.

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The main norms of the international humanitarian law of persons who have failed, as well as persons who directly take part in hostilities (civilian population) are entitled to respect for their lives, as well as physical and mental immunity. The participants in the fighting (the so-called combatants) and civilians must be protected from any acts of violence. The parties in the conflict must always carry out differences between the civilian population and combatants, in order to spare civilians and civilian objects. The attack should only be directed against military facilities. It is recruited to kill or apply an injury to the enemy, who surrendered to or stopped participating in hostilities.

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The main norms of international humanitarian law of the wounded and patients should be chosen, and they must be provided with medical care. Each has the right to basic court guarantees. No one can be subject to physical or psychological torture, corporal punishment, cruel or humiliating appeal. Refloit the right of parties to the conflict and their armed forces to choose funds and methods of warfare. It is forbidden to apply weapons and methods of conducting hostilities that can cause unnecessary destruction or excessive suffering.

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International Protection of Human Rights under peaceful and military time

The basis of international agreements and human rights conventions is the principle that certain fundamental rights and freedoms must be respected in any situation, including armed conflicts. Under armed international conflict (war) means an armed confrontation between several states. The international armed conflict is a confrontation within one state between the government and the anti-government forces (rebels). The state is entitled to independently solve internal problems, including to apply the power to restore law and order on its territory, enter the state of emergency.

Rules and customs of war management of the Hague Law (Hague Conventions and Contracts) Geneva Law (Geneva Conventions) Means and Methods of Moving Activities Protection of War Victims (patients wounded, lost shipwreck, prisoners of war, civilians) since the beginning of hostilities, regardless of the reasons The emergence and nature of the conflict are the norms of international humanitarian law, mandatory for all participants.

Prohibited methods treacherous killing or wounds of persons belonging to the civilian population or enemy troops; the order does not leave anyone alive, the threat to this or the maintenance of hostilities on this basis; Taking hostages, murder or wounded by the arms of the opponent's soldiers; Use not to appoint international emblems, signals, etc. terror against civilians; coercion of opponent's citizens to participate in hostilities against their country;

attacks of unprotected settlements, looting settlements; destroying objects of life support of settlements, attack on structures containing forces (dams, nuclear power plants, etc.); attack on objects designated by the emblem of the Red Cross or Red Crescent; Destruction of monuments and other cultural values. Metododes forbidden

Prohibited means of suffocating, poisonous gases and liquids; bacteriological, toxin and chemical weapons, as well as waste of indiscriminately; Rule, unfolding pathways in the human body and other means of lesion, when they are injured by the suffering of people; Mina traps and devices, externally similar to children's toys and other harmless items; A weapon affecting fragments that are not found in the human body with X-ray; incendiary weapons.

Specialized UN agencies related to the provision and protection of human rights International Labor Organization (provision and protection of the right to work); On the UN Rganization in Education, Science and Culture (UNESCO) (provision and protection of the right to education and cultural rights); In the seven health care organization (provision and protection of the right to health, including the problem of HIV / AIDS); Food and Agricultural Organization of the UN (Fighting Hunger); Children's Fund (UNICEF) (protection of the rights of the child); Office of the UN High Commissioner for Refugees (provision and protection of refugee rights and displaced persons); International Criminal Court (investigation and punishment for war crimes against humanity); International criminal tribunals in Rwanda, the former Yugoslavia, etc.

Providing and protecting human rights and freedoms in peace and military time is carried out by government governments, regional and world official and non-governmental organizations. A significant role in the protection of human rights and freedoms is played by the United Nations (UN), which adopted the Universal Declaration of Human Rights, other human rights instruments, the Convention on the Rights of the Child. The UN and the organization acting under its aegid seek the realization of human rights and freedoms, carry out their protection in conditions of peaceful and wartime.

UN Security Council General Assembly of the United Nations High Commissioner for Human Rights (coordinates the work of human rights protection throughout the UN) Economic and Social Council

UN General Assembly Council for Human Rights Committee Against Torture Committee on Elimination of Racial Discrimination Committee for the Protection of Migrant Workers' Rights

Committee to Eliminate Discrimination against Women Economic and Social Council Committee on Economic, Social and Cultural Rights Committee for Human Rights Committee

Economic and Social Council Commission on Sustainable Development Commission for Women's Regulation Commission Commission for Population and Development Commission for Crime Prevention and Criminal Justice Commission Social Development Commission Special Rapporteur for the implementation of standard rules for ensuring equal opportunities for disabled persons permanent forum on indigenous issues

The decision to create an international criminal court and the adoption of its status is the beginning of a qualitatively new stage in the development of interstate relations and international law. For the first time since the Nuremberg process over Nazi criminals, the international community decided to create a permanent higher court court, which will be able to sentence everyone who is guilty of war crimes and crimes against humanity regardless of their official position.

International crimes actions aimed at unleashing or making an aggressive war crime against humanity war crimes

The statute of the International Criminal Court of the International Criminal Court was in excess of 50 different violations of the Geneva Conventions of 1949, as well as other laws and customs of war. Military crimes and crimes against humanity do not apply the statute of limitations. Responsibility comes regardless of the place and time of their commit. Any state is obliged to consider such persons as criminals. If the individual who has committed an international crime, acted on behalf of the state, the state itself can be attracted to international legal liability.

In addition to the Convention on Human Rights, the European Social Charter has adopted, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Charter of Regional Languages \u200b\u200bor Minority Languages. Convention for the Protection of National Minorities, etc. To implement these documents, the European Committee on Social Rights, the Committee for the Prevention of Torture, the European Commission against racism and intolerance.

On November 4, 1950, the European Convention on Human Rights was signed in Rome (Russia ratified the Convention in 1998). The Convention ensures the implementation of civil and political human rights. Among other rights, the right of individual appeal to the European Court of Human Rights has been established. The court out of ten judges (in rare cases a large chamber of 21 judges is collected), including the judge - a representative of the country, the case of which is considered in court, determines whether the Convention was violated. If the application is accepted, the court is achieved by the peaceful permission of the case (for example, the draft law is changing, compensation is awarded to the applicant).

the applicant has exhausted all the possibilities of protecting rights in his state; The applicant is a victim of a violation by the state; The applicant in the established form appealed to the European Court no later than six months since the national authorities of the final decision on the case; violated rights recorded in the European Convention; Violation of the rights occurred later than the date of ratification of the Convention by the state. The conditions for the European Court to take care of consideration

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5.13. International Law (International Protection of Human Rights in Conditions of Peaceful and War Time)

International law - A special system of legal norms regulating international relations arising between states created by international organizations and other subjects of international relations in the establishment of mutual rights and duties of the parties. International law functions: stabilizing function; Regulatory function; Guard function.

The basic principles of international law are recorded in the UN Charter: sovereign equality of states; non-use of strength and threats by force; irregularities of state borders; peaceful resolution of international disputes; non-interference in internal affairs; universal respect for human rights; self-determination of peoples and nations; international cooperation; conscientious fulfillment of international obligations. Sources of international law: International Agreement, International Legal Custom, Acts of International Conferences and Meetings, Resolutions of International Organizations. Types of international documents: International Conventions (Contracts Between States, the legislation of which contains norms obligatory for the international community); Declaration (document whose provisions are not strictly mandatory for implementation); Pact (one of the items of the International Treaty).

Subjects of international law: states; nation and peoples fighting for independence; international organizations (Intergovernmental - UN, UNESCO, ILO; non-governmental - the society of the Red Cross and Red Crescent, Greenpeace).

International organizations providing joint actions of countries in protecting human rights:

1. United Nations (1945). The UN Constituent Document is the UN Charter - is a universal international contract and enshrines the foundations of modern international law enforcement. UN pursue objectives: support international peace and security and for this purpose to take effective collective measures to prevent and eliminate the threat of peace and suppressing acts of aggression; develop friendly relations between states based on respect for the principle of equality and self-determination of peoples; Implement international cooperation in the permitting international problems of an economic, social, cultural and humanitarian nature and in promoting respect for human rights, and others.

United Nations: General Assembly; Security Council plays a major role in maintaining international peace and security; Economic and Social Council (ECOSOC) empowers research and draw up reports on international issues in the field of economics, social sphere, culture, education, health care and other issues; UN OPPEC contributes to the progress of the population of the wards and its gradual development to self-government or independence; International UN Court; UN Secretariat.

The Specialized United Nations Human Rights includes: UN High Commissioner for Refugees, UN High Commissioner for the Promotion and Protection of All Human Rights, Human Rights Commission, Council of Europe. Under the Council of Europe formed European Commission on Human Rights and European Court of Human Rights. In some states, personality rights from the arbitrariness of government agencies protect ombudsman - Special official. In Russia, the institutions post of the Commissioner for Human Rights, Not referring to one branch of power.

Types of international offenses: International crimes, offensive crimes, other international offenses (deliquets).

Types of responsibility of states:

1) Material liability: Restitution (reimbursement by the offender caused material damage in nature); Reparation (compensation of material damage caused by the offenses, money, goods, services).

2) Intangible responsibility It is expressed in the form restaurants (restoration by the offender of the previous state and the carrying of all the adverse effects of this), satisfaction (satisfaction with the offender of intangible requirements, the discharge of intangible (moral) damage), limits sovereignty and declarative solutions.

Types of international crimes: Crimes against peace, war crimes, crimes against humanity.

One of the forms of coercion in international law are international legal sanctions (Forced measures of both armed and unarmed character used by the subjects of international law in accordance with the established procedural form in response to an offense in order to prevent it, restoring violated rights and ensuring the responsibility of the offender). Types of sanctions: Retors (for example, the establishment of restrictions on imports of goods from the violator's state; increasing customs duties on goods from this state; Introduction of a system of quotas and licenses for trade with this state), repressing (Embargo, boycott, denuncation), gap or suspension of diplomatic or consular relations, self-defense; Suspension of the rights and privileges arising from membership in an international organization, eliminating the offender from international communication, collective armed measures to maintain international peace and security.

International Humanitarian Law - A collection of rules defining the international community of human rights and freedoms that establish the obligations of states to consolidate, ensure and protect these rights and freedoms and providing individuals legal opportunities for their implementation and protection.

Sources of International Humanitarian Law: Universal Declaration of Human Rights, Convention on the Prevention of the Crime of Genocide and Punishment for Him, Geneva Conventions on the Protection of War Victims, Convention on Women's Political Rights, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, International Covenant O Civil and Political Rights, Convention on the Rights of the Child and others.

International authorities carrying out control over the observance of human rights: European Court of Human Rights; Inter-American Court of Human Rights; International Criminal Court (considers crimes against humanity).

BUT) Humanitarian law in peacetime

* Considerable attention in international humanitarian right is given to foreigners. Foreign citizen It is a person who has no citizenship of the host country, but having evidence of belonging to the citizenship of another state. From foreigners should be distinguished apatride, i.e. people without citizenship. Distinguish three types of legal regime of foreigners: National mode, special mode and most favorable mode.

* The right to grant asylum to persons pursued by political, national, racial, religious or ethnic motifs. Distinguish territorial and diplomatic Refuge.

* Rights and freedoms refugees and forced immigrants Regulated international humanitarian law. Refugees have the right to property, copyright and industrial rights, the right to associate, the right to appeal to the court, the right to engage in entrepreneurship and work on hiring and other rights.

B) Humanitarian law during armed conflict

The main directions of international cooperation in the field of armed conflict: Prevent armed conflicts; the legal status of participating and non-conflict of states; restriction of funds and methods of warfare; protection of human rights in the period of armed conflicts; Ensuring responsibility for violation of international law. The main norms of international humanitarian law used during the period of armed conflicts:

- Persons who have failed, as well as persons who directly take part in hostilities (civilians) are entitled to respect for their lives, as well as physical and mental integrity.

- The participants in hostilities (combatants) and civilians must be protected from any acts of violence. The parties in the conflict must always carry out differences between the civilian population and combatants, in order to spare civilians and civilian objects. The attack must be directed only against military facilities.

- It is forbidden to kill or cause injury to the enemy, who surrendered to captivity or stopped participating in hostilities.

- wounded and patients should be selected, and medical care should be provided.

- Everyone has the right to basic court guarantees. No one can be subject to physical or psychological torture, corporal punishment, cruel or humiliating.

International law limits funds and methods of warfare. Fully prohibited by the following war maintenance means: explosive and incendiary bullets; bullets unfolding or flattened in the human body; poisons and poisoned weapons; stumbled, poisonous and other gases, liquids and processes; biological weapons; means of impact on the natural environment that have extensive long-term consequences as methods of destruction, damage or harm to another state; damage by fragments that are not detected in the human body using X-rays; Mines, min traps and others.

Prohibited the following war Intication Methods: treacherously kill or wound the peaceful population or enemy; kill or injure the enemy surrendered and prevailing weapons; declare the defendant that in the case of resistance, the mercy will not be anyway; illegally use the parliamentarity flag or the flag of not participating in the war, flag, or signs of the Red Cross, etc.; Forcing citizens of the enemy side to participate in hostilities against their state; Genocide during war, etc.

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When did the first purchase and sale transaction of the military aircraft took place? The first in the history of the purchase and sale of a military aircraft took place on February 8, 1908, when Right (Orville and Wilber) signed a contract for the supply of US Army of one aircraft Wright-A

From the book Civil Code of the Russian Federation Author Garant.

International Air Force International Air Law - International Law, including international and domestic legal principles and norms that determine the legal position of the airspace and in it