This is the task facing the legal officers of the Armed Forces of the Russian Federation in the dissemination of international humanitarian law.

The problem of applying the norms of international humanitarian law, which was of little theoretical interest to the Armed Forces of the Russian Federation in the recent past, has now acquired practical significance, especially in connection with Russia's participation in peacekeeping operations both in the CIS (Tajikistan, Abkhazia, the Transnistrian region of the Republic of Moldova, and South Ossetia) and in other countries (Bosnia and Herzegovina, Kosovo, and the Federal Republic of Yugoslavia). Russia has always been and continues to be an active participant in international treaties (conventions, agreements, protocols, etc.), the norms of which regulate the activities of states during armed conflicts and are mainly addressed to the armed forces.

In 1868, at Russia's initiative, a conference was convened in St. Petersburg, where participants adopted a declaration prohibiting the use of small arms ammunition that had explosive properties or were equipped with shock or combustible substances. In 1899, the first Hague Peace Conference was held. The conference's themes were focused on promoting humanitarian principles, preventing wars, and codifying rules for armed conflict. Russia's proposal led to discussions on disarmament and war prevention. These facts show that Russia was at the origins of the creation of international humanitarian law. Currently, our country's Constitution (Article 15, paragraph 4) stipulates that the universally recognized principles and norms of international law and international treaties of the Russian Federation are part of the legal system and apply throughout our country.

The goal of international humanitarian law is to reduce senseless suffering, mitigate the consequences of armed conflict, protect human rights in war, and curb the desire of warring parties to defeat the enemy by any means possible. "The fundamental principle of international law," as Montesquieu noted, "is naturally that nations should do as much good as possible during peace and as little evil as possible during war."

International humanitarian law is usually considered to consist of two parts: "Geneva Law" (the Geneva Conventions of 1949 and other agreements aimed at protecting the interests of military personnel who are out of action, and persons who do not take direct part in hostilities) and "Hague Law" (The Hague Conventions of 1907 and other documents establishing restrictions in the use of certain means and methods of war by belligerents). The objects of legal regulation are:

- measures to protect war victims (wounded, sick, prisoners of war, shipwrecked persons, and civilians);

- the legal status of combatants, i.e. legal participants in armed conflicts;

- measures to limit the use of weapons and methods of warfare by combatants;

- the procedure for protecting civilian facilities and cultural assets;

scope and objectives of civil defense;

- the legal status of neutral states;

- the responsibility of states and individuals for illegal actions.

It is the responsibility of every commander to follow the rules of IHL, and legal advisers should support them in this regard.

Article 82 of Additional Protocol 1 of 1977 to the Geneva Conventions of 12 August 1949 relating to the Protection of Victims of International Armed Conflicts (Protocol 1) states that the High Contracting Parties and the parties to the conflict shall ensure at all times and during the armed conflict that there are legal advisers available to advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate training of the armed forces in this regard. Article 87, paragraph 2, of the same Protocol provides that, in order to prevent and suppress violations, the High Contracting Parties and the parties to the conflict shall require commanders, within their respective responsibilities, to take measures to ensure that members of the armed forces under their command are aware of the obligations imposed on them by the Conventions and this Protocol.

Experience in the participation of modern armed forces in a wide range of operations (from full-scale use of armed force to

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international peacekeeping operations) indicate that commanders of various ranks need to have a legal adviser on their staff, as "if he (the commander) orders his troops to act in violation of the Geneva Conventions or any other treaty on the law of armed conflict, he puts them at risk of being prosecuted as war criminals." The legal adviser must anticipate such developments in a timely manner.

In order to implement international legal obligations, by Order No. 75 of the USSR Minister of Defense of 1990, officers of the legal service were assigned to perform the functions of legal advisers during the armed conflict. Currently, positions of legal advisers are available in almost all levels of the military administration up to and including the regiment (order of the Minister of Defense of the Russian Federation ? 100 of 1998 "On the Legal Service of the Armed Forces of the Russian Federation").

The comments of the International Committee of the Red Cross (ICRC) on Article 82 of Additional Protocol 1 of 1977 state that in peacetime, legal advisers are primarily responsible for teaching international law applicable in armed conflicts to various categories of military personnel, while during armed conflict, their tasks are preventive and related to the application and compliance with the law of armed conflicts.

In peacetime, legal advisers are called upon to participate in the training of international law applied during armed conflicts:

- the command staff of the military units to which they are attached;

- division officers;

- a soldier, especially in the context of combat training.

During an armed conflict, the legal adviser's activities are related to the application and compliance with the norms of IHL. In this regard, they are called upon to:

- to express their opinion on planned or ongoing military operations;

- to advise the commander on all matters related to military and international law;

- provide expert opinions on specific issues (such as the choice of weapons) from a legal perspective;

- provide legal advice to all categories of military personnel, especially at lower levels;

- to remind commanders of their duties under Article 87 of Additional Protocol 1 of 1977 (commander's duties).

The Russian Ministry of Defense is currently developing a draft Manual on the Application of International Humanitarian Law in the Armed Forces of the Russian Federation. The need to develop the draft Manual is due to the fact that Russia has ratified international treaties containing international law norms since the issuance of Order No. 75 by the Minister of Defense of the USSR in 1990, as well as changes in the military as a result of its reform. The draft Manual, which is scheduled to be completed this year, outlines the fundamentals of international humanitarian law in relation to the command and staff of formations, military units, unit commanders, and military personnel in the preparation and conduct of combat operations.

It should be noted that in accordance with the Order of the Minister of Defense of the Russian Federation No. 333 of 1999 "On legal training in the Armed Forces of the Russian Federation", training in IHL norms is an integral part of combat training. Directive of the Minister of Defense of the Russian Federation ? D-6 of 1999 "On legal Minimums" contains a list of normative legal acts of the Russian Federation (including those on IHL) that military personnel should know and be guided by them in their official activities. Officers, warrant officers, and petty officers take legal minimum tests once every two years and before being appointed to a position. Contract soldiers, sergeants, and warrant officers, as well as civilian personnel, must undergo a control interview at least once a year, and the control questions and problem tasks are developed with the direct participation of the legal service units of the Armed Forces of the Russian Federation.

One of the sections of the draft Manual will determine the scope of rights and responsibilities of the military unit commander's legal assistant in ensuring compliance with international law. According to the draft Manual, during an armed conflict, the military unit commander's legal assistant will serve as a legal advisor on the application and compliance with international humanitarian law and will be responsible for ensuring that combat and other administrative documents comply with IHL, as well as that legal opinions submitted to the command comply with these standards.

Its responsibilities include::

- participation in the organization of combat operations, preparation of legal opinions on compliance with the norms of the International Humanitarian Law on certain issues of combat planning, means of destruction, and, if necessary, submission of legal opinions to the commander of the military unit on draft combat and other administrative documents;

- consulting the command and chiefs of military branches and services of military units on the application of IHL norms;

- conducting instructional (methodological) classes with officers at the commander's (chief's) instruction; checking knowledge of IHL norms in relation to the situation and the ability to implement them; providing assistance in resolving issues that arise;

- providing legal support for the consideration of complaints and lawsuits related to the actions of personnel in the areas where military units (subdivisions) are concentrated (located);

- monitoring the compliance of units with the norms of IHL and, in case of violations and on the instructions of the commander of the unit (military unit), organizing a preliminary investigation (trial) of offenses;

- collecting, registering, and analyzing violations of IHL by the enemy;

- implementation of legal support for the interaction of the command of the unit (military unit) in combat areas with the local administration and law enforcement agencies, with representatives of the ICRC, the Russian Red Cross and Red Crescent Society performing humanitarian functions in the interests of victims of armed conflicts.

It follows from this that legal advisers in the armed forces perform an important function in the observance of the rules of IHL and its further development. New types of military operations and the growing need for professional legal advice pose new challenges and specific requirements for the legal service of the Armed Forces of the Russian Federation, one of which is the balance between a specialized and a general approach.

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