DIREITO INTERNACIONAL HUMANITÁRIO: uma análise da proteção dos Direitos Humanos em conflitos armados

Abstract

In a context where society has been conditioned since its earliest days to establish territorial boundaries and impose ideologies through the use of force, International Humanitarian Law (IHL) operates as a countermeasure to this approach, aiming to regulate and set limits on the use of force, ensuring the safety and dignity of human beings and property amidst conflicts. Given the importance of this field, the objective of this study is to revisit the historical process of IHL’s consolidation by identifyinghistorical milestones and various lines of research that supported its materialization, in order to understand the geopolitical formation of the world and the way in which law applies to this formation. The study was conducted using a narrative literature review methodology, which enabled analysis through scientific articles and international treaties of the main concepts developed at the end of the 20th century on this subject, as well as the breaking of principles and treaties in the 21st century. The analyses allowed for an understanding of the main points of convergence between armed conflicts and the applicability of IHL and also recognized that the application of this law occurs through treaties and international geopolitical definitions documents that, in situations of extreme tension, cease to be respected in favor of an objective considered superior to the rights of individuals with differing cultures and ideologies.