top of page
Stack of files
EXPERTISE

Magdalena Maksymiuk, PhD

Cardinal Stefan Wyszyński University

International Protection of Civilians during Armed Conflict in the Context of Aggression against Ukraine

Contemporary armed conflicts have a different nature compared to those we remember from history lessons. They are waged using advanced technologies and are often asymmetric. Hostilities of various nature are increasingly taking place in the vicinity of civilian locations, and the boundary between the front zone and areas inhabited by civilians is often blurred. We also see a brutalization of warfare, as demonstrated by deliberate attacks on civilian infrastructure, leading to the destruction of public spaces, forced displacement, and the death of civilians. 


Although the system of international humanitarian law appears to be well-developed, reality shows how limited its effectiveness is and how difficult it is to enforce its compliance on an aggressor. These observations force a reflection on the effectiveness and relevance of mechanisms for the international protection of civilians.

Russian aggression against Ukraine began in 2014 and escalated into a full-scale war on 24 February 2022. It poses a great challenge not only for states and nations at war, but is also one of the greatest tests for the international order in the contemporary world. This war shows how difficult and challenging it is to protect civilians.


This paper sets out to analyze the legal basis for the protection of civilians during armed conflict, as well as the mechanisms for their enforcement in the context of the Russo-Ukrainian war. The war in Ukraine is taken as a case study. Violations of international law norms will be discussed, with a reflection on the challenges of effective protection of civilians and the practice of applying these norms in the context of the war in Ukraine since 2014. A research thesis can be argued that international humanitarian law contains comprehensive regulations regarding the protection of civilians, but their effectiveness depends on enforcement mechanisms and political will. In this paper, the analysis will cover cases of violations of international law in this regard in Ukraine, including attacks on civilian objects, deportations of civilians, the use of prohibited weapons, forced transfer of children, and all systemic actions in the territories occupied by the Russian Federation. The paper will also attempt to assess the functioning of the international community's protection mechanisms and present de lege lata and de lege ferenda perspectives, with conclusions regarding the necessary changes to strengthen the protection of civilians.


The work uses a dogmatic-legal method to analyze the norms of international humanitarian law (IHL), with case studies of the application of IHL during the war in Ukraine. An analysis of source materials is taken as the basis for considerations, including reports from international organizations regarding Russian aggression.


Read more


See more expert opinions

Katolicki Uniwersytet Lubelski Jana Pawła II

The task is financed by the Minister

06_znak_ siatka_uproszczony_kolor_ciemne_tlo.png
bottom of page