Protection of Prisoners of War. The Debate Behind the Russia Ukraine Conflict Cover Image

Protecția prizonierilor de război. Problematica din spatele conflictului ruso-ucrainean
Protection of Prisoners of War. The Debate Behind the Russia Ukraine Conflict

Author(s): Rares Gabriel Bercaru
Subject(s): International Law, Human Rights and Humanitarian Law, Military policy
Published by: Editura Militară
Keywords: international humanitarian law; prisoners of war; the the 3rd Geneva Convention; the conflicts; national interests; international norms;

Summary/Abstract: International humanitarian law, known as the law of war, aims to limit the destructive effects of armed conflicts that can have a significant impact on human integrity. Through the provisions of the international legal norms, a special protection is granted both to combatants hors de combat and to civilians. Being part of the first mentioned category, prisoners of war have the protection provided by the 3rd Geneva Convention concerning the Treatment of Prisoners of War of 1949. Starting from the presentation of the main provisions of international humanitarian law regarding the treatment of prisoners of war, this paper aims to highlight the fact that there may be uncertainties regarding the application of international norms. This situation is argued through the study undertaken on the ongoing Russian-Ukrainian conflict. An important finding is that the provisions of the Geneva Convention related to the analyzed issue were violated. Also, the situation in Ukraine demonstrates the difficulty through which the nature of an international conflict can be established. Last but not least, it is noted that the granting of prisoner of war status is closely related to the national interests of a state. This paper demonstrates which aspects contribute to the need to adapt the norms of international humanitarian law to the present. And this is its practical implication.

  • Issue Year: 2022
  • Issue No: 3-4
  • Page Range: 18-27
  • Page Count: 10
  • Language: Romanian