The influence of the constitutionalism transformation on the implementation of international humanitarian law norms in national legal orders

The current constitutionalism transformation significantly influence the dynamics of implementing international humanitarian law (IHL) norms into national legal systems. In the context of globalization, the erosion of traditional notions of state sovereignty, and increasing interactions between international and domestic law, new forms of adaptation of humanitarian norms are observed. The transformation of constitutional frameworks generates both additional guarantees for the adherence to IHL and risks of weakening its provisions during periods of constitutional reforms or political instability. The subject of this research is the processes of interaction between international humanitarian law norms and the transforming constitutional systems of contemporary states. Constitutionalism, traditionally viewed as an expression of state stability and legal order, is currently undergoing substantial transformations influenced by both internal and external factors. These changes affect not only the structure and functions of state institutions but also the mechanisms of perceiving and implementing international obligations, including in the field of international humanitarian law (IHL). The impact of the transformation of constitutionalism on the processes of implementing IHL norms becomes particularly significant in the face of growing challenges associated with globalization, regionalization, and the changing nature of modern armed conflicts. The methodological foundation of the research comprises systemic, comparative-legal, and historical-legal approaches, allowing for a comprehensive examination of constitutionalism evolution in the context of the development of international humanitarian law. The novelty of the research lies in identifying stable patterns of transformation of constitutional mechanisms for the implementation of international humanitarian law across various legal systems. It is shown that changes in the constitutional structure of states can both facilitate and hinder the effective fulfillment of humanitarian obligations. The research findings emphasize the need for the establishment of stable constitutional guarantees for the protection of IHL norms. The significance of constitutional justice in maintaining international humanitarian standards during reforms is underscored. During this research, a deep analysis of the transformation of national constitutional systems in the context of implementing international humanitarian law (IHL) norms was conducted, identifying key regularities and factors determining the effectiveness of these processes across different legal systems. Based on the conducted analysis, it was concluded that constitutional law, in its current form, is insufficiently effective in addressing the issue of implementing IHL norms.

transformation of constitutionalism, international humanitarian law, implementation of norms, globalization, national legal orders, constitutional reforms, state sovereignty, legal harmonization, humanitarian obligations, constitutional justice