PRIMJENA PRINCIPA RAZLIKOVANJA U ASIMETRIČNIM SUKOBIMA: IZAZOVI ZA MEĐUNARODNO HUMANITARNO PRAVO U 21. VEKU
APPLICATION OF THE PRINCIPLE OF DISTINCTION IN ASYMMETRIC CONFLICTS: CHALLENGES FOR INTERNATIONAL HUMANITARIAN LAW IN THE 21ST CENTURY

Summary/Abstract: This paper analyzes the application of the principle of distinction as a fundamental principle of international humanitarian law in the context of contemporary asymmetric conflicts. Through critical analysis of the evolution of warfare in the 21st century, key challenges that asymmetric conflicts pose to traditional legal frameworks are explored. The paper focuses on the problematics of identifying combatants in urban environments, the use of new technologies such as drones and autonomous weapon systems, and the transformation of the nature of the battlefield from conventional to hybrid and cyber domains. Special attention is devoted to analyzing cases from Syria, Iraq, Yemen, and Palestine, where the principle of distinction faces fundamental challenges. Through a multidisciplinary approach combining legal analysis, case studies, and comparative methodology, the paper identifies key legal gaps and proposes reform directions for adapting international humanitarian law to new realities of warfare. The conclusions indicate the necessity of developing new legal mechanisms that would enable more effective protection of civilians while simultaneously respecting the legitimate security needs of states in asymmetric conflicts.

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