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Development of international law of armed conflicts and political situation of partisan forces – mutual relation in the context of the Carl Schmitt’s “Theory of the Partisan”
Abstract
RESEARCH OBJECTIVE: The main goal of the article is to analyse the political and legal situation of irregular partisan forces as well as the impact of politics and the regulations of international law of armed conflict on the evolution of partisans.
THE RESEARCH PROBLEM AND METHODS: The research problem examines the difficulties that arise when intergovernmental organizations try to regulate the legal functioning of the phenomenon of irregular partisan forces during armed conflicts. The analysis is based on the Carl Schmitt’s “Theory of the Partisan” and the main regulations of international law of armed conflicts regulating the legal position of the partisan.
THE PROCESS OF ARGUMENTATION: The starting point is an attempt to define the partisan and indicate its characteristics in terms of the Schmitt’s Theory of Partisan. Then the argument is developed with twin-track approach, in the context of influencing the functioning of the partisan: changes in public international law and transformations taking place in the political sphere. These factors influence the evolution of the partisan from the telluric partisan to the figure of the partisan.
RESEARCH RESULTS: Current international regulations, created in the first half of the 20th century, do not properly reflect the complicated matter and experiences associated with partisan troops.
CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS: International regulations on partisan issues, in order to ensure partisan’s proper protection, should limit the protection framework in order to avoid too broad, and thus ineffective, inclusion of partisans in the system of legal protection provided for regular armed forces. Legal changes on the partisan issues, due to the interdisciplinary character of the said regulations, should be preceded by considerations taking into account the experience of various knowledge domains.
Keywords
Partisan ; Law ; Policy ; Regulations ; Carl Schmitt
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