Problems of Ensuring the Principles of International Humanitarian Law Protection of Children's Rights in War Conditions

The article is devoted to the study of the essence and content of the issue of protecting children's rights in war conditions, an analysis of Ukrainian realities is carried out and problems of ensuring the principles of international humanitarian law in this area are identified. It is noted that since the beginning of the full-scale Russian war in Ukraine, the occupiers have systematically violated the basic rights of the child to life and health, proper conditions for physical, mental, social, moral and spiritual development, security from arbitrary and unlawful interference with personal and family life, inviolability of the home and other rights protected by the norms of not only national law, but also international humanitarian law.

It is noted that currently the system of international agreements, protocols and other methods of international humanitarian law is increasingly developing and provides valid recommendations on expanding the ways and means of protecting children's rights during armed conflicts. However, the effective implementation of international legal standards stipulated by these documents is a rather complex problem in many countries of the world, and in particular, in modern Ukraine, which is associated with various objective and subjective circumstances. Therefore, one of the priority areas of Ukraine's activity in the field of child protection should be the implementation of the norms of international humanitarian law and the determination of effective methods and means of its implementation in accordance with the cultural characteristics of Ukrainian society. The implementation of international legal standards by the state will contribute not only to the improvement of current national legislation in this area, but, above all, to the establishment of an effective mechanism for protecting the rights of each child.

It is proposed to strengthen responsibility for war crimes against children at the legislative level; to define the Optional Protocol as a norm of direct action within the national system with the aim of its full implementation in the legislation of Ukraine; to provide in the Criminal Code a clear prohibition of the recruitment and involvement of children in military conflicts; to direct all efforts to the settlement of the post-conflict situation.