THE PHILOSOPHY OF THE WELFARE STATE REGARDING THE APPLICATION OF HUMANITARIAN LAW AND HUMAN RIGHTS LAW IN RESTRICTIONS ON HOSTILE ACTIONS

Abstract

The choice of the research topic is based on the growing awareness of the relevance of combining humanitarian law with human rights law for the protection of people in armed conflicts. In terms of the fact that both branches of law now have a much greater international profile and are regularly used together in the work of both international and non-governmental organizations. The fundamental concepts of the laws of war have remained essentially unchanged and are still based on a balance between military necessity and humanity. International humanitarian law (IHL) and international human rights law (IHRL) are complementary sources of law that can sometimes come into conflict. The relationship between IHL and IHRL is complex and evolving. Traditionally, international human rights law and international humanitarian law have been two distinct laws with different subjects and different roots, and for a long time they have developed without much mutual influence. Since human rights law and humanitarian law have completely different historical origins, the codification of these laws has followed completely different paths until recently. Until relatively recently, there was a common assumption that IHRL did not apply in situations of armed conflict, i.e. when IHL applies. However, it is now recognized that IHRL continues to apply even in times of armed conflict.

The article identifies some parameters that can inform the interaction between human rights and humanitarian law in a given situation. Indeed, their interaction should be governed by two main concepts: complementarity and mutual influence of the respective norms in most cases, and in some cases, the predominance of a more specific norm (lex specialis) when there is a conflict between the two norms of law.

In the context of modern challenges sustained during armed conflicts, the welfare state is changing its key role in ensuring support for human rights and international humanitarian law. It should not only provide legal protection for its citizens, but also actively promote the development of international cooperation to protect civilians affected by conflicts. The welfare state, guided by the principles of humanity and justice, provides mechanisms to avoid violence and abuse by state and non-state actors, providing support to the affected population, in particular

Ensuring effective protection of human rights in times of war requires the welfare state to integrate the principles of international humanitarian law and human rights into national legal systems. This approach allows to strengthen the legal responsibility of the state for compliance with international standards, as well as to ensure effective monitoring and compensation to victims of armed conflicts.

An important aspect is that social power should act as international legal norms and national mechanisms, promoting their implementation and ensuring justice for victims, even in the most difficult conditions of war.