Certain aspects of the state’s responsibility for supporting resistance movements during armed conflict

The issue is considered, which aims to establish the main aspects of the state’s responsibility for controlling and leading resistance movements that conduct hostilities during intrastate and international armed conflict. It is indicated that the analysis of modern international relations indicates that humanity will not yet be able to get rid of wars and other armed conflicts, which are mainly armed conflicts of a non-international nature. This is evidenced by events in the former Yugoslavia, Rwanda, Afghanistan, Iraq, Liberia, in the Caucasus, and since 2014 Ukraine has also become an exception, the international armed conflict on the territory of which, since February 24, 2022, has grown into a war unleashed by the Russian Federation on a scale that Europe has not known since the Second World War. In all the wars mentioned, the primary role was played by the aforementioned resistance movements, which were supported and controlled by third states, which indicates the continuing relevance of the topic. It is noted that modern international relations are characterized by a change in the nature of the conflict, the emergence of a number of new categories and situations, an increase in the number of victims among the civilian population, the increasing internationalization of armed conflicts of a non-international nature, the use of controlled resistance movements. In this regard, the issue of qualifying various types of armed conflicts is extremely relevant, especially in the context of the ongoing full-scale war unleashed by Russia against Ukraine. The author pays special attention to the provisions of the Statute of the International Criminal Court and the Statute of the International Criminal Tribunal for the former Yugoslavia, which essentially form the modern doctrine of criminal responsibility for war crimes and the crime of genocide. The article highlights the provisions and the author’s assessment of the prerequisites for correct qualification, because the prerequisite for correct qualification is a deep study and understanding of the person applying the rules of law, the principles of international humanitarian law, the international policy of the state, international judicial and subsequent practice; correct clarification and interpretation of the content of an international treaty, determination of the limits of action of the selected norm in time, space and by the circle of persons, as well as the installation of all its signs; collection and analysis of evidence in the case, complete and comprehensive establishment of the factual signs of an armed conflict; application of the rules of qualification developed by theory and practice, with a reasonable combination of the signs of an armed conflict established by international law with the signs of the committed act. An important place in the work is occupied by highlighting the issues of control and its types by the state over resistance movements that are waging hostilities.