Respect to The International Humanitarian Law in The Context of Inter-State Conflict: A Critical Study on Ukraine and Russian Conflict

Abstract

International Humanitarian Law (IHL) constitutes the principal legal framework governing the conduct of armed conflicts by balancing military necessity with humanitarian considerations. The ongoing Russia–Ukraine inter-state armed conflict has emerged as one of the most significant contemporary challenges to the effective implementation and enforcement of IHL. This study critically examines the application of IHL in the context of the Russia–Ukraine conflict, with particular emphasis on the legal obligations of the parties to the conflict, the role of international institutions, and the adequacy of the existing international legal regime. Employing a qualitative doctrinal research methodology supported by content, narrative, and discourse analysis, the study analyzes international treaties, customary international law, judicial decisions, United Nations documents, and relevant scholarly literature. The findings reveal that allegations of serious violations of IHL have been raised against both parties, including attacks affecting civilians and civilian infrastructure, the treatment of prisoners of war, and failures to comply with the principles of distinction, proportionality, and precaution. The study further identifies significant institutional and legal challenges, including weaknesses in enforcement mechanisms, geopolitical constraints arising from the veto power within the United Nations Security Council, the limitations of international criminal accountability, and the evolving nature of modern warfare. It argues that while the existing framework of IHL remains fundamentally relevant, its implementation requires stronger enforcement mechanisms, enhanced international cooperation, improved domestic incorporation, and institutional reforms capable of addressing contemporary forms of inter-state armed conflict. The study concludes by proposing legal and policy measures aimed at strengthening compliance with IHL, enhancing accountability for violations, and improving the protection of civilians and other protected persons during armed conflicts.