Operational law in the military law system of Ukraine

In the article, it is proved that international humanitarian law/the law of armed conflict is designed to limit and alleviate, as far as possible, the misfortunes of war. It draws boundaries between what is permitted (legal) and what is prohibited, that is, it defines the discipline of war. It is established that by its nature, the discipline of war is customary law based on the practice of warfare established in customs. Over time, the discipline of war further specifies the subject matter it regulates, primarily with regard to the preparation, organisation and conduct of operations, the use of troops (units), as well as the protection of civilians, participants and victims of armed conflict. It is proved that the discipline of warfare is not a spontaneous phenomenon, but rather an obligation to perform only lawful actions in the course of the task assigned to subordinate military units. The success of future operations (combat actions) depends on where and how the application of international humanitarian law/law of armed conflict should be integrated into operational and practical decision-making processes, as well as into combat orders during combat operations. This will create the necessary conditions for compliance with the law of war, considered during operations (combat operations). This requires a number of additional measures, such as appointing and training personnel, including legal advisers in the armed forces, as well as ensuring that military units are located in places where they do not pose a threat to persons and objects under protection. The article reveals that the purpose of operational law is to minimise negative humanitarian consequences, provide legal support for the preparation and combat use of troops in armed conflict, and ensure the protection of participants in armed conflict. Moreover, the scientific interest of the results obtained will contribute to resolving the issue of legal support for planning and conducting modern military operations in compliance with the provisions and principles of international humanitarian law/law of armed conflict, which transforms into a comprehensive process of integrating the provisions of the law of war into operational law. It is proved that operational law should become a guarantee for introducing headquarters procedures that will ensure the development of military plans and orders with the proper and effective application of the provisions of the law of armed conflict in operational practice (the practice of conducting combat operations), thereby reducing the consequences of armed conflict for those who are participating in combat operations or have already ceased to do so.