Skuteczność ochrony prawnej w konfliktach zbrojnych – ochrona praw dzieci (w poszukiwaniu etycznych reguł międzynarodowego prawa humanitarnego)
EFFICIENCY OF LEGAL PROTECTION IN ARMED CONFLICTS – PROTECTION OF CHILDREN’S RIGHTS (SEARCH OF ETHICAL PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW)
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Until the Nuremberg Trials a gradual change in legal perception of armed conflicts, reflected by the development of norms of conduct, was not matched by an equal growth of instruments of coercive enforcement. Although since then a variety of tools, both preventive and applied during an armed conflict, has been introduced, even (close to) universal recognition of fundamental humanitarian principles does not necessarily translate to the efficiency of legal protection. The greatest obstacle to the enhancement of IHL’s functionality is the control of implementation process at each stage: from gaining confidence of victims often too scared to denounce violations, through cooperation and information circulation among various sometimes “competing” implementing bodies, up to political willingness to act accordingly to supervisors’ and controllers’ postulates. Especially the last element limited effectiveness of initiatives periodically undertaken to shelter children from the horrors of armed conflicts. Establishment in 2005 by the Security Council of the Monitoring and Reporting Mechanism and the working group raises hopes this new political willingness translates into concrete actions. Paper describes background of the SC’s Resolution (including Graca Machel’s earlier report), institutional solutions adopted for greater access to and better circulation of information. Some challenges are also discussed.
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