Правовий статус військовополонених: національний та міжнародно-правовий аспект

The article examines the legal status of prisoners of war in the context of Russia’s undeclared war against Ukraine. It is emphasized that during the Russian-Ukrainian war, the issue of ensuring the rights and interests of prisoners of war, the activities of relevant state bodies and officials, as well as holding the aggressor country internationally liable for violations of these rights is particularly relevant. It is outlined that the system of regulatory legal acts of international humanitarian law and national legislation establishes the rights and obligations of prisoners of war and the procedure for their detention in accordance with international obligations. A special role in determining the legal status of prisoners of war is played by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which establishes rules and standards for their protection, establishes their rights and obligations, as well as a list of obligations of the states that detain them. It is noted that the structure of the legal status of prisoners of war includes: 1) the rights of prisoners of war, which include general human rights and special status rights; a significant part of these rights is enshrined in the Convention by analogy with the situations applicable to members of the Armed Forces of the Detaining Power; 2) the obligations of prisoners of war, including submission to the laws, statutes and orders of the Detaining Power, as well as the obligation to provide personal data; 3) guarantees for the implementation of these rights by the Detaining Power; 4) the legal responsibility of prisoners of war, in particular disciplinary and criminal. In the event of a violation of the rights of prisoners of war by the Detaining Power, it is responsible to the international community and the victims. According to the decision of international tribunals or other judicial bodies, such a State is obliged to provide reparations or compensation to the injured persons or to the States whose prisoners of war have suffered from the violation of their rights.