International mechanism for ensuring human rights under martial law
Year: 2025
Type: article
Abstract: The scientific article dwells on international mechanism for ensuring human rights under martial law. The aim of the article is to reveal the constituent elements of the international mechanism for ensuring human rights under martial law. The scientific researches of legal scholars have been investigated and systematized, and various approaches to mechanisms for ensuring human rights in a special period have been revealed as well. It has been stated that international mechanisms for ensuring human rights are carried out by promoting the implementation, protection and defense of human rights, and represent a certain system of methods and tools implemented at the level of international treaties, and include both regulatory, organizational and legal means, that allows us to highlight the constituent elements of the mechanism: regulatory, procedural, institutional and resource as well. Particular attention is paid to the normative component of the international mechanism for ensuring human rights, namely the provisions of international treaties including guarantees of their implementation and protection. A consideration of the international institutional (organizational) provision of human rights has been formulated, that represents a multi-level system including various international organizations and bodies of the official international, including judicial, and non-governmental levels involved in the process of ensuring human rights. It has been summarized that the international mechanism for ensuring human rights is a set of international institutions, norms, principles and procedures that ensures the observance, implementation and protection of human rights at the international level. It is established that such a mechanism in conditions of martial law has special characteristics, since it requires appropriate preventive, security, protective and other functions and actions of authorized representatives of the international community. It is proved that a special place in the context of the international mechanism for ensuring human rights in conditions of armed conflict is occupied by the jurisdiction of the International Criminal Court.
Author: D. M. Barsuk
Institution: Taras Shevchenko National University of Kyiv
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408573439