Application of norms of international humanitarian law in the armed conflict in Ukraine: some aspects

Abstract

The article examines the issues of application of international humanitarian law to the armed conflict in Ukraine, in particular the evolution of the conceptual definition of armed conflict, the application of «prisoners of war» to participants in armed conflict who are under the control of the opposing side. The main task of international humanitarian law is to protect those who are not directly involved in hostilities, as well as those who have ceased to participate in them due to illness, injury or any other cause, regardless of their race, color, political, religious and other beliefs, sex, ethnic and social origin, property status, place of residence, language or other characteristics. Consideration is given to the provision of persons from military formations and volunteer formations (combatants) who took part in the armed conflict but who actually ceased to take part in it due to illness, injury or any other cause and were taken prisoner of war. It is argued that the rules of international humanitarian law come into force with the beginning of the armed conflict in Ukraine. The correlation between the norms of international humanitarian law and the national legislation of Ukraine in connection with the parallel existence of two types of armed conflict is studied. The extent of the international legal obligations of the parties to an armed conflict is determined by both customary law and treaty rules of international humanitarian law, which have been ratified by each party. It was argued that the current national legislation should be properly aligned with the standards of international law, in particular in the aspect of normative consolidation of the status of prisoners of war in relation to persons who took an active part in the armed conflict and came under the control of the opposing side.