Nesterova S.V. Inclusion of the institution of ensuring protection of the participants of an armed conflict into the modern international legal system

Abstract: The subject of this research is the institution of ensuring protection of the participants of an armed conflict as a generally recognized institution of modern international law. In the conditions of the established international legal prohibition of war and prevention of threat of force or its application, the institution of ensuring protection of the participants of an armed conflict act as the protector of legal security of private parties during an open armed conflict. As soon as an armed conflict has emerged, the modern international law provides legal protection of all involved private parties through the institution of ensuring protection of the participants of an armed conflict. The author makes the following conclusions: according to the objective indexes of its existence, the institution of protected individuals, as it subjectively demonstrates itself within the framework of international humanitarian law, carries a character that is integral in its form and complete in its nature. The general concept here consists in presentation of a complex of subjective rights (on protection by international law) as a response to the demand for obedience to the norms of international humanitarian law. As in any other branch of law, incompliance with set responsibilities activates legal responsibility of the corresponding figures. The parameters of rights of the subjects of the protected group are justified by the right to humane treatment; respect, honor, and dignity; defense and aid; protection.

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