THE CONCEPT OF THE DENSELY POPULATED AREA IN THE INTERNATIONAL HUMANITARIAN LAW
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
The article studies the international legal definition of the concept of the densely populated area. This term has become particularly relevant in recent decades, since armed conflicts predominantly occur in inhabited localities where a significant number of civilians lives compactly. In particular, there are analyzed the definitions contained in international treaties, bilateral agreements, the practice of regional judicial bodies and international non-governmental organizations, military manuals of states. Since international humanitarian law regulates the conduct of parties to an armed conflict with respect to selected methods and means of warfare, this article explores the relationship between such norms and the factor of the densely populated area. In addition, this study outlines the fundamental principles and norms of international humanitarian law that extend to a densely populated region. One of the main problems of modern international humanitarian law is the transition from military operations on open desolate areas to densely populated areas where large populations are compactly inhabited. Figures that illustrate the number of civilian deaths and their correlation with the number of casualties among combatants is a vivid example of the danger of such a trend. The actualization of the problems of a densely populated area has been observed in recent years as numerous facts confirm the negative trends concerning the protection of the civilian population and civilian objects that become casual witnesses or victims of armed conflicts. The activities of the parties to the conflict in the densely populated areas impose an additional burden on them in regard to the account of a large number of civilians in the territory of hostilities or residence.
Authors and Affiliations
І. А. Мороз
Keywords
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