Status „małych zielonych ludzików” w konflikcie zbrojnym na Ukrainie
THE STATUS OF ‘LITTLE GREEN MEN’ IN THE ARMED CONFLICT IN UKRAINE
Subject(s): Politics / Political Sciences, Politics, International relations/trade
Published by: Wydawnictwo Naukowe Scholar Sp. z o.o.
Keywords: „little green men”; prisoners of war; armed conflict in Ukraine; overall control
Summary/Abstract: The article examines the question of the status of ‘little green men’ – Russian soldiersinvolved in the armed conflict in Ukraine. After the presentation of the facts, theauthor examines the applicable law and tries to answer the question about the natureof the armed conflict in Ukraine and the status of those taking active part in it. Thethesis of the article is the claim that the events in Crimea constitute an occupationand, consequently, international humanitarian law applicable to international armedconflicts applies in this case. In contrast, the armed conflict in eastern Ukraine isat least a non-international armed conflict, to which the common Article 3 and theAdditional Protocol II and relevant norms of customary law apply. In situations ofdoubt as to the nature of an armed conflict, such a conflict should be regarded asan international one and thus the individuals participating in armed conflict, thosenot participating and those that ceased to participate should be granted prisoner ofwar status and consequently greater protection resulting from the application ofthe law of international armed conflicts.
- Issue Year: 52/2016
- Issue No: 1
- Page Range: 133-151
- Page Count: 19
- Language: Polish