Customs and legal aspects of international human rights protection during armed conflicts

Abstract

Purpose. The purpose of the article is to provide a comprehensive study of the mechanisms of customs legal regulation in the context of international human rights protection during armed conflicts. The work is aimed at theoretical understanding of the role of customs in the human rights protection system, identification of gaps between the regulatory framework and the practice of customs authorities in crisis conditions, and also at formulating doctrinal guidelines for improving the relevant legal mechanism. Methods. In the course of the study, an interdisciplinary approach was applied, in particular, the methods of system analysis, comparative legal method, method of formal legal interpretation, and elements of forecasting. The author analyzes the existing doctrinal developments, classical interpretations of the basic terminology, modern scientific concepts, international conventions, the practice of the customs service functioning in times of war, and the relevant legal provisions of humanitarian and customs law. Results. The study identifies the relevance of the topic at the intersection of customs regulation and human rights protection, and outlines the lack of scientific literature that would comprehensively reveal the interconnection of these areas in crisis conditions. The essence of key concepts such as “customs regulation”, “human rights” and “armed conflict” is revealed. The author compares the approaches of legal schools to human rights in the context of customs regulation. The limits of legal influence of customs and its place in the overall human rights mechanism are characterized. The author identifies the peculiarities of the practical functioning ofcustoms authorities during military operations, analyzes thegap between theoretical standards and theactual exercise of customs powers, and reveals the lack of adaptation of customs legislation to the conditions of war, unclear procedures, insufficient interagency coordination and poor consistency of norms with humanitarian standards. The author proposes a model of “adaptive humanitarian customs law” as a theoretical basis for updating the legal regulation of customs activities in the context of armed conflict. It consists in establishing a special customs control regime, developing a coordinated interagency position, introducing mechanisms for external supervision and harmonizing national legislation with international obligations, in particular, with regard to liability for restricting humanitarian access in accordance with the Rome Statute. The article also substantiates the possibilities of using artificial intelligence in the field of customs control to increase efficiency, reduce the human factor, speed up procedures and transparent monitoring. Conclusions. As a result of the analysis, it is concluded that there is an urgent need for a doctrinal update of customs law, taking into account the challenges of armed conflicts, the scale of humanitarian crises and the transformation of the international legal order. The approaches developed in this article demonstrate the potential of comprehensive reform of customs regulation through the integration of the humanitarian component, digital technologies, algorithmic solutions, and new methods of interagency coordination and rapid response in emergency situations.