OVERCOMING THE DIVERGENCE OF THE IDEA OF JUSTICE AND RIGHTS IN THE CONDITIONS OF ARMED CONFLICTS

The article examines the problem of creating a mechanism for ensuring the basic rights and legitimate interests of a person during a military conflict, as well as ways of preserving and maximally protecting them in the conditions of war. It was determined that the concept of «just war» and the key international documents created after its introduction into international law in the field of introduction of military conflicts cease to be the foundation for regulating issues of protection of people who do not directly participate in military conflicts. The main violations of human rights during armed conflicts, in particular, in Ukraine, were considered, as well as an analysis of normative documents legitimizing these violations. The thesis that the only mechanism for settling the issue of ensuring human rights during armed conflicts is the application of the idea of justice as an idea of law in the implementation of restrictions on human rights and freedoms, based on the desire of the participants themselves to minimize losses among the civilian population, as well as, if possible, as much as possible prevent violations of fundamental human rights and freedoms guaranteed by universal human rights standards. It was established that full observance of human rights and freedoms is actually impossible, because the very nature of military operations implies the scale and entails violation of the rights and legitimate interests of the civilian population. Therefore, it is necessary to resort to other ways of achieving a just peace and settlement of post-war disputes as soon as possible instead of the need to wage even just wars. Introduction. The destructive nature of wars, which were easily initiated and difficult to stop, required at least some kind of legal regulation that would help reduce casualties and destruction and seek alternative ways of solving social conflicts. One of these doctrines is the «just war» theory, which was created in antiquity and has been a valuable guide through the ages to the present day. On the other hand, the legal regulation of a just war did not eliminate the problem of the increase in the number of victims among the civilian population in the course of military conflicts in modern times. The international rules governing relations between belligerent states, which, starting from the 19th century, began to turn into contractual norms at special congresses and conferences (the Paris Congress of 1856, the Hague Peace Conferences of 1899 and 1907) did not help to solve the problem either. Enshrining in them the principle of humanizing the conduct of hostilities did not stop the increase in the number of victims of the latter, moreover, in a ratio that is critical for the civilian population on all sides of such conflicts. Purpose. To analyze the reasons for the increase of victims among the civilian population in the conditions of just wars and massive violation of human rights, as well as the justification of the application of the idea of justice in the law of the state to reduce the number of civilian victims of military conflicts and maximally eliminate other violations of their rights.