LEGAL STATUS OF THE PERSONS DURING THE WARS THAT WERE FOUGHT BY THE STATES OF THE ANCIENT EAST

Abstract

The article gives a historical and legal review of the problems of the legal status of individuals, both combatants and non-combatants, during the wars that were fought between the states of the East in antiquity. The general and specific approaches in relation to various ancient Eastern peoples to the civilian population and prisoners are analyzed. It turned out that already at that time the foundations were laid for the formation of the basic principles of international humanitarian law in the future. Attention is drawn to the fact that, without knowing the rights of the human person, the ancient peoples could not know the rights of war in the sense that we understand it now. The war then was an unlimited use of force and the defeated, if sometimes they could hope for the magnanimity of the victor, except in the sense that they sometimes survived. It is noted that in practice there was no difference between the status of the warring and civilian population at that time. Every resident of a hostile state, without regard to gender and age, could be killed, enslaved, subjected to various bullying and torture. Also it was noted that a wide variety of violence was used against enemies - both combatants and non-combatants. Against the enemy in ancient times it was allowed to use any weapon, any means, even treacherous ones, which were capable of harming him. None of the adversaries, either wounded or sick, or surrendered, could not avoid being deprived of liberty at best and turned into a living commodity or free labor, and in the worst, die the death of martyrs. Nowhere in the Ancient East, with the exception of India, do we find examples of a humane attitude to the human person, the desire to introduce at least some humanitarian restrictions into the military sphere. But nevertheless, already in the ancient era, sprouts of processes of laying the foundations for the formation of further basic principles of international humanitarian law, based on moral principles - humanism, compassion and mercy, which were interpreted taking into account the conditions of the war, arose.