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the Periodization of history of development of the international humanitarian law

The international humanitarian law as the Jean Pikte well-known and the authoritative Swiss lawyer in the field of the international humanitarian law still wrote, is based on a principle of philanthrophy and urged to provide protection of the person [31 [32].

It urged to reduce sufferings of all direct participants of confrontations.

Within many centuries the weapon as a certain device, the mechanism, injury or death means associated with murders, aggression, was the tool of achievement of various political ends. But, on the other hand, it serves also as protection, rescues lives, being reliability and safety symbol. Thus during all history of mankind the question on necessity of regulation of application of the weapon both during wars, and in the course of operations with its use as a whole is periodically brought up.

Necessity of the international legal regulation of armed conflict is defined by that:

- From Christmas of the Christ's world for one year 11 years of a state of war are necessary;

- Restriction of a choice of means and methods as at war should not be free in their application is necessary;

- Protection of civilians, cultural values etc. is necessary.

War, unfortunately, is the eternal companion of mankind. From here follows, that laws and customs of conducting war - same ancient, as well as wars, after all the right, as is known, follows events is more often, rather than precedes them. Speaking easier, conducting war throughout all history of mankind in smaller or bolshej degrees was regulated by direct participants of wars. And the thought to protect the person from the disasters connected with war and any arbitrariness, is not too new. Having arisen on childhood of the world, it gradually gained in strength and today the peak [33] worries.

To the middle of XIX century of the agreement, concerning protection of victims of war, had bilateral character and imposed obligations strictly on contracting parties during the conflict.

The question on a periodization of the international humanitarian law is disputable enough and difficult as at present there are no conventional criteria. In works of foreign authors, recognised experts in the field of the international humanitarian law [34 [35], it is possible to meet the point of view according to which the international humanitarian law as controlling instrument of relations during confrontations was generated in XIX century But it is necessary to notice, that is possible

35

To meet and other examples.

Considering experience of researches of domestic international lawyers, it is possible to draw a conclusion, that the history of formation and development of regulation of relations during confrontations originates long before XIX century In this connection the following periodization of history of development of the international humanitarian law is offered:

- Development of laws and customs of war in an antiquity;

- Development of laws and customs of war in the Middle Ages;

- Development of laws and customs of war during new and newest time.

Last period can be divided into some stages:

1) laws and customs or the law of arms (jus in bello) since time of the conclusion of the Vestfalsky world of the 1648 which have finished Thirty-year war, prior to the beginning of 60th of XIX century;

2) acceptance at Diplomatic conference (1864) the first hand-written international legal certificate establishing a legal status of wounded men and patients - the Geneva convention on improvement of a fate of wounded men and sick soldiers in field armies, before the Second World War termination;

3) since time of acceptance of four Geneva conventions on protection of victims of war of 1949 till now.

1.2.

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A source: Bisultanov Aslanbek Kamaudievich. DEVELOPMENT of the INTERNATIONAL HUMANITARIAN LAW In the conditions of the CHANGING NATURE of MODERN CONFRONTATIONS. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -. 2016

More on topic the Periodization of history of development of the international humanitarian law:

  1. the Chapter I. HISTORY of DEVELOPMENT of the INTERNATIONAL HUMANITARIAN LAW
  2. § 1. Formation and development of the international humanitarian law about the forbidden methods and weapons of war in XIX - the beginning of XX centuries
  3. § 2. Essence of differentiation of the international humanitarian law and international law of human rights as international law branches
  4. § 2. Influence of Diplomatic conference of acknowledgement and development of the international humanitarian law applied in confrontations (1974-1977) on the further development of norms about the forbidden methods and weapons of war
  5. the Chapter II. The FACTORS INFLUENCING DEVELOPMENT of the INTERNATIONAL HUMANITARIAN LAW
  6. the Chapter III. FEATURES of DEVELOPMENT of the INTERNATIONAL HUMANITARIAN LAW
  7. § 3. Influence of the United Nations Organization on development of norms of the international humanitarian law
  8. § 1. History of occurrence and a periodization of development of police of the USA as institute of public authority of the constitutional state
  9. § 4. Development of the international humanitarian law about the forbidden methods and weapons of war in second half XX century
  10. § 1. Approaches to a parity of concepts «the international humanitarian law» and «international law of human rights»
  11. Chapter 3. THEORIES of the PARITY of NORMS of the INTERNATIONAL HUMANITARIAN LAW And INTERNATIONAL LAW of HUMAN RIGHTS
  12. Chapter 1. «The INTERNATIONAL HUMANITARIAN LAW» And «INTERNATIONAL LAW of HUMAN RIGHTS» AS CONCEPTS And INTERNATIONAL LAW BRANCHES