International legal level of regulation of civil–military cooperation in the National Guard of Ukraine

Abstract

The article provides a comprehensive analysis of the international legal level of regulation of civil–military cooperation in the activities of the National Guard of Ukraine as a specific entity of the security and defence sector that combines military and law enforcement functions.
It is established that international treaties, such as the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949) and its Additional Protocols, the International Covenant on Civil and Political Rights (1966), and the Convention for the Protection of Human Rights and Fundamental Freedoms (with Protocols) (European Convention on Human Rights) (1950), enshrine the obligation of states to guarantee respect for human rights even during periods of armed conflict or states of emergency. It is emphasised that the practical significance of international human rights standards for civil–military cooperation is also confirmed by the case law of the European Court of Human Rights, which effectively forms binding law-enforcement guidelines for the States Parties to the European Convention on Human Rights regarding the activities of military formations and law enforcement bodies in crisis and conflict situations. A number of ECtHR judgments underline that even in the context of counter-terrorism activities, internal armed conflict, or a state of emergency, the state is obliged to ensure effective control over the actions of security and defence forces and an adequate level of protection of the civilian population.

It is noted that within NATO doctrine, civil–military cooperation is aimed at creating a favourable civilian environment that ensures the achievement of strategic and operational objectives of military operations. Thus, it is regarded not merely as a humanitarian instrument, but as an integral component of operational planning and an element of the command and control system. For Ukraine, which has declared a course towards Euro-Atlantic integration, these standards serve as guiding benchmarks and are gradually being implemented into the national regulatory framework. In the context of the activities of the National Guard of Ukraine, international legal CIMIC standards constitute a methodological basis for the development of departmental guidelines, personnel training programmes, and the organisation of interaction with civilian structures, international and non-governmental organisations.