Russian Journal of Comparative Law

65-76

Authors: Insur Farkhutdinov

The realities of the modern world brought the concept of preventive self-defense into the forefront of international law. The new doctrine of the "preventive" war as a way of eliminating international threats comes to replace the legal prohibition of war. The spread of terrorist activity together with the development and spread of weapons of mass destruction forced international community to change its views in favor of preventive self-defense. A certain operations were carried out by the West that created dangerous precedents and revealed the inconsistency of preventive self-defense with the concept of sovereignty of states. Terrorist activity started to be used as an excuse for changing the regime in sovereign countries, mainly by the US.

85-93

Authors: Sergey E. Smirnykh

The article discusses the issues of the international legal status of child-soldiers as one of the gaps in modern international law. Children are forced to participate in armed operations through violence. Voluntary enrollment of children into the armed forces is because the children do not see any other alternative livelihood, except participation in the wars. The primary and universal guarantee of the enjoyment of children's rights in armed conflict is international law. Individual state officials and their officials cannot guarantee rights, as they are required to act within the framework of national law. Only cooperation between States on the basis of the Charter of the United Nations can guarantee the implementation and protection of the rights of children in armed conflicts. The rights of children in international humanitarian and national law represent legally secure opportunities to satisfy their interests. Moreover, children's rights in international law consist of the ability to perform their own actions and the ability to require other participants in international relations to take actions prescribed by law or to refrain from taking certain actions. The primary and universal guarantee of the enjoyment of children's rights in armed conflict is international law. Individual states and their officials cannot guarantee rights, as they are required to act within the framework of national law. Only cooperation of States on the basis of the Charter of the United Nations can guarantee the realization of the rights of children in armed conflicts. One of the important guarantees of protecting the rights of children during armed conflicts should be the right to peace, which implies strict observance of the ban on wars by states in international relations.