THEORETICAL UNDERSTANDING OF THE CATEGORY OF NON-TRADITIONAL WAR IN THE INTERNATIONAL POLITICAL AND LEGAL CONTEXT

ТЕОРЕТИЧЕСКОЕ ОСМЫСЛЕНИЕ КАТЕГОРИИ «НЕТРАДИЦИОННАЯ ВОЙНА» В МЕЖДУНАРОДНОМ ПОЛИТИКО-ПРАВОВОМ КОНТЕКСТЕ

Andrey A. Kovalev (Ковалев А.А.)
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Andrey A. Kovalev (Ковалев А.А.): North-Western Institute of Management – branch of Russian Presidential Academy of National Economy and Public Administration

State and Municipal Management Scholar Notes, 2021, vol. 3, 169-177

Abstract: The relevance of the chosen topic is due to insufficient international political and legal regulation of such a modern phenomenon as «unconventional/new war». It is established that the new type of war cannot be adequately regulated by the norms of international humanitarian law due to the inconsistency of the classification of wars contained in them. Traditional war is regulated by developed legislation at the internation-al level, but such regulation has ceased to correspond to the realities in which a new type of war is being formed. The purpose of the article is to study, by analyzing a group of theories of war, the main features of a new type of war and the ways of their consolidation and regulation in international humanitarian law. The following scientific methods were used in the study: the system method and comparative analysis. According to the results of the study, it is concluded that there is a significant gap in modern international humanitarian law concerning the problem of regulating non-traditional warfare. And first of all, this refers to the lack of a definition of the concept of a new type of war. Recommendations have been developed to overcome the discrepancy between the norms of international law and the realities of today: it is necessary to solve the problem of classifying new wars; to place armed non-State actors in the legal field; to solve the problem of using prohibited methods of warfare that violate international humanitarian law at the legislative level. The analysis of the theories of war revealed that the problem of identifying conflicts of a new type and applicable law can be solved by improving the classification of conflicts or by eliminating gaps in legislation.

Keywords: non-traditional war; traditional war; international humanitarian law; armed conflict; legal regulation of war; transnational wars; asymmetric wars; wars of the fourth generation (search for similar items in EconPapers)
Date: 2021
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