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Publications of Zverev Petr Gennad'evich
International relations, 2016-1
Zverev P.G. - On the issue of the legal status of combatants and non-combatants

DOI:
10.7256/2454-0641.2016.1.16338

Abstract: The article is devoted to the comparative study of the legal status of combatants and non-combatants from the position of international humanitarian law and from the point of view of Russian and foreign international law doctrine. Special attention is paid to differences in the legal status of these persons in land, sea and air warfare. The weak positions of the Russian and foreign international law specialists in an attempt to distinguish these categories of eligible participants of armed conflicts are observed. The provisions of the 1949 Geneva conventions and their Additional protocols of 1977 are analyzed. The objective of this study is to determine the qualitative feature, which may help to delineate clearly the legal status of combatants and non-combatants in international and internal armed conflicts.The research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods.The main conclusions of the research are the following: 1) combatants should in any circumstances distinguish themselves from the civilian population; 2) non-combatants are entitled to use their weapons only for self-defense or the protection of the property and persons entrusted to them; 3) non-combatants should include only the medical staff and clergy, all other categories of eligible participants of armed conflict are considered to be combatants. The novelty of the research is that the position of the Russian international law specialists on the question is described for the first time in comparative perspective in English.
International Law and International Organizations, 2015-4
Zverev P.G. - The act of state doctrine and protection of human rights

DOI:
10.7256/2454-0633.2015.4.16185

Abstract: This article is dedicated to the issue of protection of human rights and the ability to implement the act of state doctrine in the cases of gross and systematic violations of human rights. The analysis of the act of state doctrine is conducted within historical retrospect, as well as within modern international and national legal precedent of foreign countries. The author determines the criterion for attribution of internationally wrongful actions of individuals and groups thereof towards one or another state. A special attention is given to the Draft Articles on Responsibility of States for Internationally Wrongful Acts of the international law commission (2001). The article analyzes the opinions of the leading international jurists and the legal positions of the judges of the International Court of Justice. The goal of this research is to determine the parameters of the applicability of the doctrine of the state act within the framework of the international legal system of human rights protection.This research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods.The main conclusions of the research are the following: 1) the inadmissibility of the use of the act of state doctrine to justify gross and systematic violations of human rights, including in times of armed conflicts; 2) the complementary role of national courts in applying international standards on the protection of human rights; 3) international lawmaking is an effective mechanism of the system of protection of human rights at both, the universal and regional levels. The scientific novelty of this research is that the issue of the act of state doctrine in the context of the international protection of human rights is comprehensively addressed for the first time in the Russian doctrine of international law.
International Law, 2015-4
Zverev P.G. - The Problems of Interaction of International Human Rights Law and International Humanitarian Law during Armed Conflicts pp. 1-22

DOI:
10.7256/2306-9899.2015.4.16552

Abstract: This article is dedicated to the problems of interaction of the two independent bodies of modern international law – human rights law, and international humanitarian law in times of armed conflict. Special attention is given to the differences in approaches to human rights applied by the rules of two mentioned bodies of international law. The author analyzes the provisions of international treaties in the field of protection of human rights and international humanitarian law, as well as the opinions of reputable domestic and foreign researchers. The goal of this study is to identify the problem points in convergence of human rights law and international humanitarian law during armed conflicts. The research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods. The main conclusions of the research are the following: 1) during an armed conflict human rights law and international humanitarian law are complementary bodies of international law; 2) rules of international humanitarian law operate as lex specialis in relation to human rights law; 3) further close interaction between the considered bodies can lead to their merger into a single (joint) body of international law. The novelty of this research consists in the fact that it is for the first time the opinions of renowned Russian international lawyers on the question of the relationship of these bodies of international law are presented in English; also the positions of Russian scientists are compared with the opinions of their foreign colleagues.
International Law and International Organizations, 2015-3
Zverev P.G. - On the distinction between international and domestic armed conflicts within the context of UN international peacekeeping

DOI:
10.7256/2454-0633.2015.3.15225

Abstract: This article is dedicated to the research of international and domestic armed conflicts in order to distinguish the two from the positions of international peacekeeping. The doctrinal positions on this issue are subjected to a critical analysis. The goal of this research is to determine the significant difference between the international and domestic armed conflicts for the subject of applicability of norms of the international humanitarian law towards the peacekeepers participating in such conflicts. A special attention is given to the rulings of international judicial institutions on the questions of qualification of armed conflicts as domestic. The international legal and comparative analysis of international and domestic armed conflicts within the context of international peacekeeping is being conducted for the first time within the Russian juridical doctrine. Based on the analysis of international legal acts and documents, as well as opinions of reputable international jurists the author determines the main criteria, which in his opinion should serve as the basis for the distinction.
International relations, 2015-3
Zverev P.G. - Проблема статуса сотрудников ООН в рамках международного гуманитарного права

DOI:
10.7256/2454-0641.2015.3.15500

Abstract: Статья рассматривает правовой статус участников миротворческих операций ООН с точки зрения международного гуманитарного права. Целью исследования является политический и правовой анализ влияния положений международного гуманитарного права на все три компонента (военный, полицейский и гражданский) современных миротворческих операций и операций по принуждению к миру. Особое внимание уделяется положениям Женевских конвенций 1949 года и дополнительных протоколов к ним 1977 года. Анализ выявил отличителные черты миротворцев ООН как комбатантов и некомбатантов. При проведении исследования использовался комплекс методов, включающих специальные исторические методы, сравнительно-правовой, формально-правовой и политико-правовой методы. Новизна исследования заключается в том, что данная работа - первое англоязычное сравнение позиции российской доктрины международного права и иностранных доктрин по вопросу правового статуса миротворческих сил ООН в случае их участия в вооруженных конфликтах.
World Politics, 2015-3
Zverev P.G. - The theory of peacekeeping from the UN perspective: “An Agenda for Peace” pp. 52-67

DOI:
10.7256/2409-8671.2015.3.15729

Abstract: The article is devoted to the analysis of the conceptual paper on the problems of modern peacekeeping, the report “An Agenda for peace”, adopted in 1992. Its key provisions, as well as the doctrinal views on its actual meaning and content are examined. Special attention is paid to the concept of collective human security and the problems of formation of the permanent UN peacekeeping forces. The aim of the study is to establish the essence of the crisis of international peacekeeping of the UN of the 1990s on the base of the analysis of this document. For a more in-depth study of a systemic crisis in the UN peacekeeping the opinions of international lawyers are examined.The research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods.For the first time in the Russian science of international law «An agenda for peace» is analyzed from the standpoint of the United Nations, and serves as a key document of modern international UN peacekeeping. The key issues are identified, including the problem of collective human security, which formed the basis for the future international legal norm of «responsibility to protect».
Security Issues, 2015-3
Zverev P.G. - Civil war in Liberia and peacekeeping in Africa pp. 1-23

DOI:
10.7256/2409-7543.2015.3.16229

Abstract: The article examines peacekeeping activities in Africa on the example of the UN cooperation with a number of African regional organisations – the AU (OAU), ECOWAS, and SADC. Special attention is paid to the peacemaking efforts of the international community to resolve the armed conflict in Liberia, which began in 1989. It is noted that after the “cold war” conflicts in Africa began to play a major role in the definition of the parameters and capabilities of the UN peacekeeping missions. Reasons of unsuccessful activities of UNOMIL in the 1990s, with an emphasis on its rivalry with the ECOMOG regional peacekeeping force are analyzed. The article presents the opinions of reputed researchers on the issues of peacekeeping in Africa. The purpose of this study is to determine the role and place of regional peacekeeping in the overall peacekeeping paradigm of the XXI century.The research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods.The main conclusions of the research are the following: 1) there is a contradiction between the obligation of the UN to hold a leading role in maintaining peace and security in Africa and political realities that require regional organizations to play a central role in a number of conflicts due to the lack of the UN’s international political will, aimed at responding effectively; 2) peacekeeping of regional organizations and the UN is complementary, but the former need the strong political and financial support of its member States as well as of the international community. The novelty of the research is in the fact that it is for the first time in the Russian doctrine of international law the issues of African regional peacekeeping on the example of the Liberian conflict peace resolution are closely examined.
International Law, 2015-2
Zverev P.G. - Human rights monitoring in the UN civilian monitoring missions in Haiti and South Africa in the 1990’s pp. 122-141

DOI:
10.7256/2306-9899.2015.2.14176

Abstract: The article is devoted to a retrospective study of human rights monitoring in civil peacekeeping missions of the 1990's, in Haiti and South Africa. The beginning of the 1990's was marked by the transformation of the concept of international UN peacekeeping with the shift towards the protection of human rights. The purpose of this study is a historical and comparative analysis of the monitoring of human rights implementation on two continents – in Central America and in South Africa. Traditionally attention is paid to the point of view of Amnesty International on this issue. In the course of comparative law and the concrete-historical analysis specific characteristics of civil monitoring missions of human rights implementation in the early 1990's are identified. The conducted study is based on a combination of specific historical, comparative, formal-legal and political-legal methods. Concrete-historical analysis of human rights monitoring in the civil peace operations, which originated in the beginning of 1990's, is held for the first time in the Russian legal science. Based on the analysis of a number of international legal acts and documents (the “Agenda for peace”, resolutions of the UN General Assembly and the Security Council, recommendations of Amnesty International) and on the concrete-historical examples of civil missions in the early 1990's the change of UN position and the position of its field missions on the problem of human rights protection is shown and the main directions of its further decision, implemented within later peace operations, are defined.
International Law, 2015-1
Zverev P.G. - Human rights and the experience of UN international peacekeeping during the 1990’s pp. 29-51

DOI:
10.7256/2306-9899.2015.1.13742

Abstract: This article analyzes the questions of protection, provision and advancement of human rights under the conditions of peacekeeping operations of the 1990’s. It is precisely this period that marked the fundamental change in the very ideology of UN’s international peacekeeping and its integral concept of protection of human rights throughout the peacekeeping missions. The goal of this research is to demonstrate just how and by how much the protection of human rights has grown during the period of transition from the “traditional” support of peace to the “expanded” peacekeeping. A special attention is given to the position of the International Amnesty on this subject. Based on the analysis of a number of international legal acts (“An Agenda for Peace”, The Vienna Declaration and Program of Action) and specific historical examples of UN peacekeeping missions of the 1990’s the author illustrates the change in attitude of the United Nations Headquarters and its field missions towards the problematics of protection of human rights, and the key directions of its further solution that were realized within subsequent peacekeeping missions.
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