| Article title | The Legal Status of Prisoners of War: Challenges of Modern Warfare and Prospects for Improvement |
|---|---|
| Authors |
Anastasia Tsipkal
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 9 / 2025 |
| Pages | 205 - 214 |
| Annotation | The article presents an analysis of the legal status of prisoners of war in the context of armed conflict. Particular attention is paid to the fact that, in the conditions of the RussianUkrainian war, the realization and protection of the rights and legitimate interests of prisoners of war have become especially significant. The study also highlights the need for proper legal regulation of the activities of relevant state authorities and officials responsible for ensuring compliance with international standards, as well as the issue of holding the aggressor state internationally accountable for violations of these rights. It is noted that the system of international humanitarian law establishes a clear legal regime for prisoners of war, defining their rights, obligations, and conditions of detention in accordance with the international obligations of states. Special emphasis is placed on the significance of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which is a key international legal instrument regulating standards for the protection of prisoners of war during armed conflicts, their legal status, rights and responsibilities, as well as the obligations of detaining states. In addition, the article identifies gaps in both national legislation and international conventions that require special attention from the state and society, particularly regarding the rights of prisoners of war who voluntarily surrendered. Currently, the international legal regulation of the status of such prisoners does not fully meet modern challenges and therefore needs to be updated. Accordingly, the author attempts to propose and implement practical solutions to address these legislative gaps. In future research, it is advisable to focus on the development of clear legal provisions governing the guarantees for prisoners of war who voluntarily surrendered, the procedures for their exchange, and the issues of their subsequent social protection. Ukraine should play a crucial role in this process, as by defending the rights of its servicemen in captivity, it is capable of initiating and supporting global changes in the field of international humanitarian law. |
| Keywords | prisoner of war; legal status; rights and obligations of prisoners of war; responsibility of prisoners of war; armed conflict; Russian-Ukrainian war |
| References | Bibliography Authored books 1. Rabinovych P, Osnovy teorii ta filosofii prava: navch. posibnyk (Medytsyna i pravo 2021) (in Ukrainian). 2. Zahalna teoriia prava: pidruchnyk (M Koziubra (zah red), Vaite 2015) (in Ukrainian).Journal articles 3. Godzhek Ja, ‘Normatyvni harantiji statusu vijskovopolonenyh u mizhnarodnomu pravi ta jih znatchennja dlja Ukrajiny’ [2020] 10 Pravo I suspilstvo 218–223 (in Ukrainian). 4. Kravtchenko I, ‘Pravovyj status “vijskovopolonenyj” i “tsyvilnyj zarutchnyk” u konteksti norm mizhnarodnoho humanitarnoho prava ta provedennja operatsiji Objednanyh syl (ATO) na Shodi Ukrajiny’ [2020] 1(114) Naukovyj visnyk Natsionalnoji akademiji vnutrishnih sprav 137–149 (in Ukrainian). |
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