Violation of the standards of international humanitarian law in the conditions of russian armed aggression

Abstract

The article addresses the issue of the ineffectiveness of norms of international humanitarian law during modern armed conflicts, the content of certain norms of the Geneva Conventions with the aim of improving the international legal regulation of the status of victims of armed conflicts. An analysis of international legal acts and national acts adopted in Ukraine after the introduction of martial law in Ukraine, which are aimed at improving the status of victims of the armed conflict, has been carried out. Attention is drawn to the fact that the russian-Ukrainian war qualifies as an international armed conflict, in which, in accordance with the norms of international humanitarian law, the combatants are given the status of prisoners of war. At the same time, russia grants them the status of “persons opposing a special military operation” without guaranteeing the protection of the rights of prisoners of war, does not distinguish the status of civilians in an armed conflict, which is a significant violation of the norms of international humanitarian law. It is proposed to adopt the conventional norms of international humanitarian law in terms of regulating the exchange of prisoners of war.Different definitions that denote certain vulnerable categories of the civilian population during an armed conflict are analyzed in relation to the definition of “indirect victims of an armed conflict”. Proposals for the creation of a coordinating body that would take care of the issues of indirect victims of the armed conflict, the development of an effective compensation mechanism for destroyed or damaged property during armed aggression, and the determination of the legal status of persons who have been deprived of personal freedom as a result of armed aggression against Ukraine are supported. Today, international and national legislation is clear on the appointment - who should be taken into account by the persons who suffered in the wake of the violent aggression. It is concluded that the norms of international humanitarian law need to be updated and revised for their future observance and implementation by all subjects of international law.