APPLICATION OF MILITARY INSTITUTE OF CAPTIVITY IN PRACTICE OF IHL: THE CASE OF UKRAINE
Journal Title: Правова держава - Year 2016, Vol 22, Issue
Abstract
This article discusses types of armed conflicts, in which it is possible to apply the rules on the treatment and protection of prisoners of war. It also raises the question of the possible extension of the status of a prisoner of war during internationalized armed conflict. It notes the existence in Ukraine of non-international armed conflict with a high degree of intensity with the Russian intervention, which allows to qualify the conflict as internationalized, with the use of two legal regimes. It also indicates that the Geneva Convention related to the Treatment of Prisoners of War 1949 supports the use of the same standard as the other Geneva Conventions of 1949, so its application is not limited to conflicts with the real armed resistance or the recognition of belligerent conflict.
Authors and Affiliations
M. V. Grushko
Keywords
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