COMPARATIVE LEGAL STUDY OF THE STATUS OF «PRISONER OF WAR» AND «CIVILIAN HOSTAGE» ON THE CONDUCT OF UKRAINE’S JOINT FORCES OPERATION (ATO) IN ENSURING NATIONAL SECURITY AND DEFENSE, THE REVERSION AND THE REDUCTION OF RF ARMED AGGRESSION IN DONETSK AND LUH

Abstract

The article contains an international legal
description of the definitions combatant, noncombatant,
a civilian, a casualty of war, POW, a
civilian hostage in the understanding of international
humanitarian law norms, their comparative
characteristics with the concept of natural persons
who while being lawfully present in the territory of
Ukraine were taken hostage or unlawfully deprived
of their liberty in any other way applied in Ukrainian
legislation. The need of the statutory determination of the definition «prisoner of war» in Ukrainian legal
and regulatory instruments in the context of
Ukraine’s Joint Forces Operation (ATO) in ensuring
national security and defense in the eastern part of
Ukraine has been explored. It is noted that the
definitions «war» and «armed conflict» are decisive
in POW status determination, but it is not principal if
they are «hybrid» or «traditional», under direct or
indirect armed aggression, and it is therefore not
determinative.
Criteria facilitating to strengthen the protection
of the civilian population against the effects of
hostilities, because of combatants’ obligations to
differentiate themselves from a civilian population,
namely to be commanded by a person responsible for
his subordinates, to have a specified and identified
sign clearly visible from afar, to carry weapons
visibly, to act in accordance with the laws and
customs of war etc., has been set out.
The principle of international humanitarian law
according to which a capture during the military
operations is not considered to be an illegal act, but
only the right of the Armed Force to an armed
conflict has been defined. The principle of humanity
in treatment of prisoners of war, namely to avoid the
discrimination based on race, skin color, religion or
belief, gender, origin or property status or any other
similar criteria has been disclosed.
The subjects entitled to prisoner of war status
have been defined. Legal aspects of POW rights have
been considered. International standards in
treatment of this category of persons, namely hygiene
and medical aid, discipline, use of the labor and
wage, money, communication with the outside world,
relations between them and authorities, the
imposition of criminal and discipline sanctions, the
release and direct repatriation after the cessation of hostilities have been accentuated. The need to strengthen penalties for violations of POW rights has been indicated.
Key words: armed conflict, hybrid war, combatant, non-combatant, a civilian, casualties of war, a prisoner of war, a civilian hostage, Anti- Terrorist Operation (АТО), Joint Forces Operation (JFO).