DOI: https://doi.org/10.36719/2789-6919/52/78-81
Emil Gasimov
National Defense University Military Scientific Research Institute
Assistant
https://orcid.org/0009-0008-7764-6295
gasimovemil88@gmail.com
Aytac Allahverdiyeva
National Defense University Military Scientific Research Institute
Assistant
https://orcid.org/0000-0001-6643-0044
aytac.allahverdiyevaa@gmail.com
Violations of Target Selection Rules and Responsibility of Military Personnel: International Humanitarian Law and National Practice
Abstract
This article provides a comprehensive examination of the legal foundations of target selection in modern armed conflicts under international humanitarian law (IHL), as well as the practical application of these mechanisms within the Republic of Azerbaijan. The primary sources of IHL – namely the 1949 Geneva Conventions and Articles 48, 51, and 57 of Additional Protocol I – establish the fundamental principles of distinction, protection of civilians, and the obligation to take precautions during attacks, thereby setting an international standard for lawful target selection in hostilities. The practical implementation of these principles is analyzed through the jurisprudence of the ICTY, authoritative ICRC commentaries, and contemporary doctrinal approaches to military operations. The national segment of the article evaluates the mechanisms of legal responsibility prescribed in Articles 327–353 of the Criminal Code of the Republic of Azerbaijan, as well as the high-precision operational–tactical targeting practices developed during the 2020 Patriotic War. The use of real-time intelligence systems, UAV capabilities, and unified command-and-control structures by the Azerbaijani Armed Forces demonstrates the effective operational implementation of IHL obligations in battlefield conditions. Based on these findings, the study proposes several development pathways, including the adoption of a unified national targeting standard, the deeper integration of legal advisers into the operational decision-making process, and the establishment of a centralized electronic archive for documenting all stages of target selection.
Keywords: international humanitarian law, target selection, war crimes, Azerbaijani military law, Criminal Code, Patriotic War