Правовий статус «військовополонений» і «цивільний заручник» у контексті норм міжнародного гуманітарного права та проведення операції Об’єднаних сил (АТО) на Сході України

Abstract

Based on the analysis of the norms of international humanitarian law, law enforcement practice, given the international legal concepts characteristic of combatants, non-combatants, civilian victims of war, prisoners of war, civilian hostage in the understanding of international humanitarian law, their comparative characteristics with the concept of individuals who, while lawfully on the territory of Ukraine, were taken hostage or were otherwise unlawfully deprived of their liberty, which is applied in the legislation of Ukraine. Studied the question of the necessary regulatory underpinning of the concept of “prisoner of war” in the legal acts of Ukraine in the context of the operations of the United Forces (ATO) of the national security and defense in the East of Ukraine. The purpose of this article is to establish the possibility of applying to the citizens of Ukraine who took (take) part in the protection of the territorial integrity of the state in the East, and are (kept) in captivity (held hostage), mode “prisoner of war”, which would conform to the norms of international humanitarian law, the allocation of this status from the regime of “civilian hostage”, and consolidating the relevant standards in the national legal acts. The scientific novelty of the publication is that the status of prisoners of war and civilian hostages were investigated mainly from the perspective of different historical eras and past wars, not taking into account contemporary realities regarding so-called hybrid wars and armed conflicts, including the tragic events in the East of Ukraine. The above requires thorough research of the characteristics and application of these international pravalovich of modes in modern conditions, because it applies to many of our compatriots, who against his wi ll was in military captivity or were illegally deprived of their liberty, including hostages, prisoners at the temporarily occupied territories of Ukraine and abroad. Methodology. The subject of the study substantiates the need for regulatory consolidation in the Ukrainian legislation the concept of “prisoner of war” for the international legal protection of citizens who participated in the national security and defense in the East of Ukraine and were under the authority of armed groups, the legitimacy of the existence of which does not recognize the Ukraine. Conclusions. Effective protection and guardianship of our state in the field of human rights, including the protection of people during armed conflict in its East that is not possible, given the discrepancy between national norms and international humanitarian law, legal status of captured persons who have weapons take (took) direct part in combat missions in the conduct of OOS (ATO), namely, the status of “prisoner of war” in the sense of Hague IV and I II of the Geneva conventions