One of the most important areas of international humanitarian law is the international legal protection of victims of armed conflicts. The most important legal acts in this area include the 1949 Geneva Conventions for the Protection of Victims of War and their Additional Protocols relating to the Protection of Victims of Armed Conflicts. They deal with the provision by belligerent states during wars and armed conflicts of international legal protection to the following categories of persons: the wounded, sick, shipwrecked members of the armed forces at sea, prisoners of war, as well as the civilian population located in the area of hostilities, those. granting them a status that would guarantee humane treatment of them and exclude violence, mockery, mockery of a person.
In addition, international humanitarian law refers to the victims of a military conflict the missing, the dead (the dead). The principle of protecting the victims of war obliges the belligerents to protect the interests of the named persons, to treat them humanely in all circumstances and to provide them with the greatest possible and as soon as possible medical assistance and care. No distinction should be made between them, regardless of skin color, confession, religion, gender, national and social origin, political and other convictions. In doing so, it should be taken into account that the victims of armed conflicts are respected and protected by international humanitarian law if they refrain from any hostile actions towards the armed forces.
In relation to the wounded, sick and shipwrecked persons, as well as persons who are equated to them by legal status, the following actions are prohibited: encroachment on life and physical integrity, in particular, all types of murder, mutilation, ill-treatment, torture, torture, abuse over human dignity, hostage-taking, collective punishment, threats to commit any of the above acts, medical or scientific experiments, deprivation of the right to fair and normal justice, the use of apartheid and other inhumane and degrading acts that offend the dignity of the individual, based on racial discrimination.
International humanitarian law obliges belligerents to take all possible measures to search for and pick up the wounded and sick, to protect them from robbery and ill-treatment. At the same time, the belligerents may apply to local residents with a request to select and care for the wounded and sick under their control, providing those who have expressed their desire to do such work with the necessary assistance and benefits.
The military authorities must allow the civilian population and charitable societies, even in areas of invasion or occupied areas, to pick up and care for the wounded and sick on their own initiative. However, none of these persons should be persecuted or convicted for caring for the wounded or sick. Where the circumstances of war permit, the parties should conclude truce or cease-fire agreements or local agreements in order to pick up the wounded, sick, left on the battlefield, transport them, provide access to medical personnel, and also carry out exchange between them.
The content of the principle of protecting the victims of war also includes the provision by the belligerents of the legal regime of prisoners of war. It follows from international humanitarian law that combatants and non-combatants enjoy the rights of prisoners of war. The Geneva Convention on the Treatment of Prisoners of War (Article 4) is more specific about who is considered a prisoner of war. These are the following persons who have fallen into the power of the enemy: persons belonging to the personnel of the armed forces of a belligerent state, militia, volunteer detachments, resistance movements, partisans, as well as persons accompanying the armed forces, but not directly included in them, members of the crews of ships of the merchant fleet and others.
In case of doubt as to whether a person who takes part in hostilities and falls into the power of the enemy is a prisoner of war, he shall be considered a prisoner of war until such time as his status is determined by a judicial authority.
Speaking about the legal regime of prisoners of war, it must be emphasized that the norms of international humanitarian law proceed from the fact that prisoners of war are in the power of an enemy state, but not individuals or military units that took them prisoner. It is the states that must ensure that the proper legal regime for prisoners of war is observed and be held accountable for its violations.
The basis of the legal status of the category of persons under consideration is the norm according to which prisoners of war should always be treated humanely. No physical or mental torture or other measures of coercion may be applied to prisoners of war in order to obtain any information from them. They cannot be subjected to scientific or medical experiments, physical mutilation. Officers and those of equal rank should be treated with the respect due to their rank and age. After being taken prisoner, prisoners of war are evacuated to camps, which must be located far enough from the war zone. They cannot be sent to areas where they could be exposed to fire, nor can they be used to cover any points or areas of military operations.
Interrogation must be conducted in a language they understand, without the use of torture or other coercive measures. During interrogation, each prisoner of war is obliged to give only his surname, full name, military rank, date of birth and personal number or, in the absence of such, other equivalent information. If he deliberately violates this provision, he shall forfeit the benefits accorded to prisoners of war of his rank or position. All things and items of personal use, with the exception of weapons, horses, military equipment and military documents, remain in their possession. Prisoners of war must never be left without identity papers. The detaining side issues certificates to those who do not have them. Badges of distinction and state affiliation, distinctions and objects having mainly subjective value cannot be confiscated from a prisoner of war. The money that they have can be taken away only at the order of the officer and only after the amounts of money and data on their owners are registered in a special register. The last to receive a receipt for the withdrawal of money from them. Valuables from prisoners of war may be confiscated only for security reasons. These things, as well as the money seized from prisoners of war, are returned to them at the end of their captivity in the form in which they were taken away.
A prisoner of war from the moment of being taken prisoner and no later than seven days after arrival in collection point, as well as in case of his illness, sending him to a medical center (hospital) and another collection point, it is possible to fill out and send to the Central Information Agency a card-notification of capture. In addition, he has the right to inform his family in writing about the state of his health and the fact of being taken prisoner.
Involvement in dangerous types of work (including demining) can be carried out only with the written consent of the prisoners of war themselves.
Prisoners of war from among the command staff may be involved in work only in the capacity of leading or supervising the work of enlisted prisoners of war.
An exceptionally important element of the principle of protecting the victims of war is the international legal protection of the civilian population. The inadmissibility of attacks by the belligerents on the civilian population was already indicated in the St. Petersburg Declaration on the Abolition of the Use of Explosive and Incendiary Bullets of 1868. It noted that "the only legitimate aim that states should have in time of war is to weaken the military forces of the enemy."
The historical experience of modern armed conflicts testifies to the ever-increasing scale of civilian casualties. If in the first world war military casualties were 95 percent and civilian casualties 5 percent, then in World War II military casualties were 52 percent and civilian casualties rose to 48 percent. Moreover, the trend towards an increase in losses among the civilian population took place in subsequent wars: during the war in Korea, military losses amounted to 16, and civilian - 84 percent; during the period of US aggression in Vietnam, they were 10 and 90 percent, respectively; during Israel's aggressive war in Lebanon, the proportion of civilian casualties increased to 95 percent. International humanitarian law contains a definition of the civilian population. It refers to civilians who do not belong to any category of participants in an armed conflict and do not directly take part in hostilities.
Humanitarian standards for this category of victims of armed conflict aim to help alleviate the suffering caused by war among the civilian population, especially children. No measures, either physical or moral, should be applied to civilians in order to obtain from them or from third parties any information.
Warring states in the course of an armed conflict are prohibited from inflicting physical suffering on civilians or taking any measures leading to their death. This prohibition extends not only to murder, torture, corporal punishment, mutilation, medical and scientific experiments, but equally to any other gross violence on the part of civilian or military representatives of the belligerent.
In addition, the following actions are prohibited against the civilian population: collective punishment, the use of starvation as a method of warfare, physical or moral pressure, terror, robbery, hostage-taking. The belligerents must not use the movement of the civilian population or individual civilians to protect certain installations, points or areas from attack.
Ministry of Education and Science of the Russian Federation
NOU VPO East Siberian Institute of Economics and Law
Faculty of Innovative Teaching Technologies
COURSE WORK
discipline: International law
on the topic of: Legal Aspects of the Protection of War Victims
Artist: student
Zukkau Lidia Gennadievna
Supervisor
Irkutsk 2013
INTRODUCTION
THE CONCEPT OF "VICTIMS OF WAR" IN INTERNATIONAL LAW
LEGAL STATUS OF THE WOUNDED, SICK AND SHIPwreckED. MISSING
LEGAL STATUS OF PRISONERS OF WAR
PROTECTION OF CIVILIANS DURING ARMED CONFLICTS
CONCLUSION
LIST OF USED LITERATURE
INTRODUCTION
The norms of international law are valid not only in peacetime, but also in wartime, during armed conflicts. The need for the existence and improvement of such norms is dictated by the realities of public life, which gives us numerous examples of various kinds of wars and armed conflicts. Regardless of their social nature and goals, all of them are characterized by the use of armed means of struggle, during which the belligerents, as well as the parties not participating in the military conflict, must comply with the special norms of international law existing for this case. Such rules are often referred to as the laws and customs of war, or international humanitarian law. The norms of the latter, along with the law of international treaties, are among the oldest branches of international law. The purpose of these specific international legal norms is to limit the choice of means and methods of armed struggle, to prohibit the most cruel of them. They protect the civilian population and cultural property, the position of neutral parties in the event of an armed conflict, and establish criminal liability for their violation in the commission of war crimes. Thus, these norms objectively contribute to the humanization of wars and limiting the scope and consequences for the peoples of armed conflicts.
1.THE CONCEPT OF "VICTIMS OF WAR" IN INTERNATIONAL LAW The term "victims of war" was first introduced into the theory and practice of international relations during the development of the Conventions of August 12, 1949 for the protection of victims of war and their acceptance at the Geneva Diplomatic Conference April 21-August 12, 1949. Subsequently, in the course of the work of the next Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, 1974-1977. additional protocols I and II were adopted, in the full title of which this term is also used. The objects of protection of the four Geneva Conventions for the Protection of Victims of War are: the wounded and sick in active armies (Convention I); the wounded, sick and shipwrecked members of armed forces at sea (Convention II); prisoners of war (Convention III); civilian population (Convention IV). In Additional Protocol I, the content of these concepts is disclosed. In particular, the “wounded and sick” are persons (both military and civilian) who, owing to injury, illness or other physical or mental disorder or disability, are in need of medical attention or care and who refrain from any act of hostility. The term also includes women in childbirth, newborns and other persons in need of medical attention or care, such as pregnant women or the infirm, who refrain from any act of hostility. "Shipwrecked" includes both military and civilian persons who are endangered at sea or in other waters as a result of misfortune befalling either them or the ship or aircraft carrying them, and who refrain from any act of hostility. . They continue to be considered shipwrecked at the time of their salvage until they are given another status under the Conventions for the Protection of Victims of War or Protocol I, provided they continue to refrain from any act of hostility (art. 8). A “prisoner of war” in an international armed conflict is a person who takes part in hostilities and falls into the power of an adverse party if he is entitled to or claims to be a prisoner of war, and also if the party on whom he depends demands such status for him . If there is any doubt about the legal status of such a person, he must be recognized as a prisoner of war and has the right to defend his status in court (Article 45 of Additional Protocol I). As regards non-international armed conflicts, Additional Protocol II does not contain the concept of “prisoner of war”. At the same time in everyday life the concept of "prisoner of war" is also widely used when it comes to internal armed conflicts. On the other hand, it is primarily associated with a person who has the citizenship of a foreign state. By belonging to the citizenship of their state, forced migrants and refugees are also distinguished. Protocol II refers to persons deprived of their liberty for reasons related to the armed conflict, regardless of whether they are interned or detained (art. 2 para. 2; art. 5). From a legal point of view, there are no documents in international law that would consider participants in internal armed conflicts who were captured, or rather, detained by the opposite side, as prisoners of war. Additional Protocol II, applicable during internal armed conflict, does not contain a clause similar to that contained in Protocol I regarding the judicial procedure for clarifying various doubts about the belonging of a person to prisoners of war. With this in mind, there are no formal grounds for applying the status of a prisoner of war in the event of the detention of persons participating in an internal armed conflict. "Civilian population" means civilians who do not belong to any of the categories of legitimate participants in armed conflicts and do not directly take part in hostilities. Presence among the civilian population of individuals who do not fall under this definition does not deprive this population of its civilian character (art. 50 of Additional Protocol I). International law reveals the content of the concept of "victims of war", and also defines in detail their legal status and names specific legal regulations to ensure the protection of this category of persons by belligerent states, as discussed below. 2.LEGAL STATUS OF THE WOUNDED, SICK AND SHIPwreckED. MISSING The protection of the wounded, sick and shipwrecked is determined respectively by Conventions I and II for the Protection of Victims of War, as well as Additional Protocols I and II of 1977 to the Geneva Conventions for the Protection of Victims of War of 1949. The Conventions are the result of a revision of the earlier Geneva Conventions 1906 and 1929, as well as the Hague Convention of October 18, 1907 on these matters. Once in the hands of the enemy, the wounded, sick and shipwrecked are treated as prisoners of war and are subject to the rules of international humanitarian law relating to prisoners of war. With regard to the named victims of the war, as well as persons who are equated to them by legal status, the following actions are prohibited: encroachment on life and physical integrity, in particular, all types of murder, mutilation, ill-treatment, torture, torture, desecration of human dignity, hostage taking, collective punishment, threats to commit any of the above acts, medical or scientific experiments, deprivation of the right to a fair and normal trial, the practice of apartheid and other inhumane and degrading acts that offend the dignity of the individual, based on racial discrimination. At the same time, the wounded, sick and shipwrecked persons cannot waive, in part or in full, the rights that are defined for them by international conventions. The belligerent state that captured them, depending on the circumstances, can keep them, send them to its own port, to a neutral port or to the port of the enemy. In the latter case, prisoners of war returned to their country should not continue military service throughout the war. In the course of hostilities, the belligerent states do everything possible to find and pick up the wounded and sick, shipwrecked persons, protect them from robbery and ill-treatment, providing them with the necessary care. Measures are also being taken to search for the dead and prevent looting. The military authorities may appeal to the philanthropy of the local inhabitants so that, if possible, under their control, they can voluntarily select and care for the wounded and sick, shipwrecked, providing those who respond to this call with the necessary protection and benefits. In the event that an enemy state establishes or regains its control over the area, it will grant these persons the same protection. In accordance with the norms of international humanitarian law, the military authorities allow the population and charitable societies, even in areas of invasion or in occupied areas, on their own initiative to pick up the wounded, sick, shipwrecked, and, regardless of their nationality, provide care for them. At the same time, the civilian population should treat them with respect and not allow any acts of violence. No one shall be persecuted, punished in any way, or condemned for taking care of the wounded, the sick, the shipwrecked. At the first opportunity, the belligerents conclude agreements on a truce or a cease-fire in order to pick up the wounded, sick, remaining on the battlefield, and, if agreed, exchange them. If necessary, the belligerent states conclude agreements regarding the evacuation of the wounded, sick, shipwrecked persons, their removal by sea from the besieged or surrounded zone, as well as the provision of medical and religious personnel with passes to this zone. The parties to the conflict undertake to register all data that would help to identify the wounded, sick, shipwrecked, and dead from the enemy side who find themselves in their zone of control. This information should, if possible, include the following data: the nationality of the person concerned; military or personal number; last name, first name; date of birth; all other information contained in his identity card or identification medallion; date and place of capture or death; information relating to injury, illness or cause of death. The data mentioned above must be brought to the attention of the Information Desk as provided for in Art. 122 of Convention III, which transmits this information to the Power in whose possession the said persons are listed, through the intermediary of the Protecting Power and the Central Agency for Prisoners of War. The parties to the conflict must prepare and send to each other through the specified bureau death certificates or duly certified lists of the dead (deceased), half of the double identification medallion, will and other documents of importance to the family of the deceased, money and, in general, all items having an objective or subjective value that belonged to the dead. These things, as well as unidentified things, are sent in sealed packages, to which are attached a statement containing all the information necessary to identify the deceased owners, and a complete list of the contents of the packages. The belligerents, international humanitarian organizations, protecting powers should be guided in their activities by the norms of international humanitarian law that the families of the wounded, sick, shipwrecked have the right to know about the fate of their relatives. As soon as circumstances allow during hostilities or immediately after them, the belligerents search for missing persons and exchange information on this matter among themselves. Missing persons are reported and inquired about either directly or through the Protecting Power, the ICRC Central Information Agency or National Red Cross (Red Crescent, Red Lion and Sun) Societies. 3.LEGAL STATUS OF PRISONERS OF WAR The legal status of a prisoner of war is determined by the Hague Convention IV of 1907, Convention III and Additional Protocol I. The norms of international humanitarian law apply to prisoners of war from the moment they fall into the power of the enemy, until their final release and repatriation. In cases where participants in hostilities have fallen into the hands of the enemy and there is doubt as to which category of persons they belong to, they are considered prisoners of war until their position is determined by a competent court (Article 5 of Convention III). International humanitarian law prescribes that prisoners of war should always be treated humanely. Any unlawful act or omission on the part of the captive Power resulting in the death of a prisoner of war or seriously endangering his health is prohibited and considered a serious violation of the Prisoners of War Convention. Prisoners of war may not be subjected to scientific or medical experiments of any kind that are not justified by considerations of treatment and their interests. They may not be subjected to any physical or mental torture or any other coercive measures in order to obtain any information. Those who refuse to answer questions should not be threatened, insulted or subjected to any harassment or restrictions. With regard to prisoners of war, the following are prohibited: discrimination on the grounds of race, nationality, religion, political opinions, violence, intimidation, and any insults. The use of reprisals against them is prohibited. Prisoners of war are entitled to respect for their person and honour. Women are to be treated with all the respect due to their sex and should in all cases be treated no worse than men. Prisoners of war fully retain their civil legal capacity, which they enjoyed at the time of capture. The regime for the maintenance of prisoners of war is established taking into account their state of health, age or qualifications. Once in captivity, a prisoner of war is obliged during interrogation to give only his last name, first name and rank, date of birth and personal number, or, in the absence of such, other equivalent information. Interrogation must be conducted in a language understandable to the prisoner of war. If he refuses to disclose this information about himself, then restrictions may be applied to him in accordance with the rank or position of a prisoner of war. Each party to the conflict is obliged to issue identification cards to prisoners of war indicating the last name, first name, rank, personal number, date of birth. The identity card may also bear the owner's signature or fingerprints, or both. A prisoner of war is obliged to present it at any request, but in no case can it be taken from him (Article 17 of Convention III). From the very beginning of hostilities, the parties to the conflict communicate to each other lists of ranks and positions of persons serving in the armed forces, in case they then find themselves in the power of the enemy, in order to ensure the same treatment of prisoners of equal ranks; the captive power will recognize the promotion of prisoners of war in rank, which will be reported to it by the power for which they are listed. The norms of international humanitarian law require a respectful attitude towards officers and prisoners of war equated to them, paying tribute to their rank and age. Insignia and nationality, insignia, all personal items (metal helmets, gas masks issued to them for personal protection, uniforms and food items) are not subject to seizure from prisoners of war. Money can be withdrawn from them only by order of the officer, and this fact must be registered in a special register with the issuance of a receipt about who received it (name, rank, military unit). Prisoners of war may be subjected to internment. Interned prisoners of war may only be accommodated in premises located on land, in compliance with the requirements of hygiene and conditions ensuring the preservation of health. The belligerent states are obliged to communicate to each other, through the mediation of the protecting powers, all the necessary data on geographical location Prisoner of war camps, marked where military considerations permit, by the letters PW and located so as to be clearly visible from the air. Every camp should have an infirmary where prisoners of war could receive medical care. Those who are seriously ill, or whose health conditions require special treatment, surgery or hospitalization, should be admitted to any military or civilian medical facility, even if their repatriation is expected in the near future. Medical examinations of prisoners of war must be carried out at least once a month. In this case, the weight of each prisoner of war is established. The Detaining Power, when deciding on the transfer of prisoners of war, shall take into account the interests of the prisoners of war themselves so as not to create difficulties in their repatriation. Administration of religious rites by prisoners of war. Prisoners of war are given complete freedom to perform the rites of their religion. Religious servants who were part of the military clergy, who fell into the power of an enemy power and remained or were detained to help prisoners of war, are allowed to serve their spiritual needs and freely perform their duties among fellow believers. In cases where prisoners of war do not have the opportunity to receive religious assistance from the military clergy from among the detainees or a prisoner of war who is a minister of their cult, at the request of the prisoners of war concerned, a clergyman belonging to the religion of these prisoners of war or to a similar religion is appointed to perform these duties. Prisoners of war are allowed to receive parcels by post containing food, clothing, medicines and items designed to meet their religious needs, education or entertainment, including books, religious objects, equipment for scientific works etc. All parcels of aid intended for prisoners of war are exempt from customs duties and other fees. Complaints of prisoners of war. Prisoners of war have the right to apply without any restrictions with complaints to the military authorities regarding compliance with the established regime of being in captivity through a proxy or directly to the camp administration. If necessary, they may file a complaint against the violation of the conditions of their detention to the representatives of the Protecting Powers. Labor activity of prisoners of war. Able-bodied prisoners of war can be used as labor force, taking into account their age, gender, rank, and physical capabilities. From non-commissioned officers of war prisoners can only be required to supervise the work of prisoners of war. They may ask for other suitable work. Officers or persons equivalent to them may not be forced to work. If they ask to provide them with work, then such a request is satisfied as far as possible. In addition to managing, equipping and restoring order in their camp, prisoners of war can be forced to be involved only in the performance of work: in agriculture; in the extractive or processing industries, with the exception of the metallurgical, machine-building and chemical industries, as well as public and construction works of a military nature or for military purposes; in transport or to loading and unloading facilities that do not have a military purpose; concerning trading activities, arts and crafts; housekeeping; in the field of public services that do not have a military nature or purpose. The captive power, using the labor of prisoners of war, ensures compliance with national labor protection legislation and safety regulations. No prisoner of war shall perform work that is dangerous or endangering his health unless he voluntarily agrees to do so. Finding and clearing mines or projectiles is considered dangerous work. The duration of the working day of prisoners of war, including the time required to travel to and from work, must not exceed the length of the working day established for civilian workers of the area employed in the same work from among the citizens of the captive power. Prisoners of war shall be granted a mid-day rest of the same duration as for workers of the Detaining Power. In addition, prisoners of war are additionally granted an uninterrupted twenty-four hour rest once a week, preferably on Sunday or on the day of rest established in their homeland. In addition, each prisoner of war who has worked for a year is provided with an uninterrupted eight-day rest with pay. Monetary maintenance of prisoners of war. The captive power fixes the maximum amount of money in cash or in any other similar form that prisoners of war may carry with them. All surplus money taken or withheld from military personnel, which is their legal property, as well as any contribution made by them cash deposit, are credited to their personal accounts and cannot be converted into another currency without their consent. The Detaining Power shall pay to all prisoners of war monthly an advance on account of the monetary allowance, the amount of which is determined by converting into the currency of the said Power the following amounts: The parties to the conflict may, by special agreements, change the amount of advances on account of the monetary allowance due to prisoners of war of the categories listed above. Prisoners of war are allowed to receive money orders addressed to them personally or to a group of prisoners of war (Articles 61 - 64 of Convention III). Prisoners of war receive fair wages for work, the amount of which is established by the belligerent in whose power they are, and the payment cannot be less than one the fourth Swiss franc for a full time job. Prisoners of war shall be afforded ample opportunity to inspect the status of their accounts and to obtain copies of these accounts, which may also be verified by representatives of the Protecting Power when visiting the camp. At the end of captivity, as a result of the release or repatriation of a prisoner of war, the Detaining Power shall issue him a document signed by an authorized officer, in which the credit balance is indicated. Disciplinary action. The following disciplinary sanctions may be imposed on prisoners of war: a fine not exceeding 50% of the advance payment and wages due to prisoners of war in accordance with Convention III (Articles 60 and 62) for a period not exceeding 30 days; deprivation of benefits other than those provided for in the Prisoners of War Convention; extraordinary outfits, no more than two hours a day (not imposed on officers); arrest. Disciplinary sanctions must in no case be inhuman, cruel or dangerous to the health of prisoners of war. The duration of one punishment shall not exceed 30 days. In case of committing a disciplinary offense, the terms of the served preliminary detention until the case is considered or until a decision is made on the application of a disciplinary sanction shall be counted in the term of punishment announced to the prisoner of war. Prohibited: the use of collective punishment for individual offenses and all kinds of corporal punishment; deprivation of daylight; in general, any kind of torture or manifestation of cruelty. Separately, it should be said about the escape of a prisoner of war. The escape of a prisoner of war is considered successful if he: joined the armed forces of the power for which he is listed, or an allied power; left the territory under the rule of the captive power or its ally; got on a ship flying the flag of the power of which he is a citizen, or an allied power with it. The use of weapons against prisoners of war, in particular against those who are escaping or attempting to escape, must always be preceded by a warning. Prisoners of war who, after a successful escape, are again taken prisoner shall not be subjected to any penalty for escaping. A prisoner of war who tries to escape or is caught before the escape is completed is subject to disciplinary action. It is handed over to the appropriate military authorities without delay. Illegal actions committed by prisoners of war with the sole purpose of facilitating their escape and not accompanied by any violent acts against the life and health of people or actions against public property, as well as theft without the intention to enrich themselves, the production or use of false documents, the wearing of civilian clothes entail only disciplinary responsibility. Prisoners of war who were accomplices in an escape or attempted escape are subject to Disciplinary Measures. About a prisoner of war who has escaped but has been caught, a message must be sent to the power for which he is listed. Disciplinary sanctions may only be imposed by an officer with the authority of the camp commander or the responsible officer acting as his. Such rights may in no case be granted to a prisoner of war. Prior to the imposition of a disciplinary sanction, the prisoner of war shall be given the opportunity to explain his conduct. The decision on punishment must be announced to him. All premises for serving disciplinary sentences must meet sanitary requirements. Officers and persons equivalent to them must not be kept in detention in the same premises with non-commissioned officers or privates. Women prisoners of war serving disciplinary sanctions are held in quarters separate from male prisoners of war and are under the direct supervision of women from the camp administration. Prisoners of war subjected to the disciplinary sanction of arrest are subject to the provisions of Convention III (arts. 78 and 126). Prisoners of war subjected to disciplinary sanctions may not be deprived of the rights arising from the rank assigned to them. Prosecution of prisoners of war. With regard to prisoners of war who have committed criminal offenses, the captive Power initiates criminal proceedings, of which it notifies the Protecting Power as soon as possible, but no later than three weeks before the hearing of the case in court. Prisoners of war may not be convicted of offenses that are not punishable under the laws of the power that captured them. No moral or physical pressure is allowed on a prisoner of war in order to force him to plead guilty to the offense of which he is accused. No prisoner of war can be convicted if he was not able to defend himself and if he was not provided with a qualified lawyer. Justice in relation to prisoners of war shall be administered only by military courts, unless the law of the captive power gives a special power to civil courts to try members of the armed forces of that power for the same crimes of which prisoners of war are accused. Prisoners of war who are prosecuted under the laws of the captive Power for acts committed by them prior to being taken prisoner enjoy the protection of the Prisoners of War Convention even if convicted. They can only be punished once for the same offense or on the same charge. The military authorities and courts of the Detaining Power shall not sentence prisoners of war to any other punishment than those prescribed for the same acts committed by members of the armed forces of the Detaining Power. Every prisoner of war has the right to cassation appeal against the sentence passed against him or to review the case. He shall be informed of the right to appeal and of the period within which he may do so. Prisoners of war and Protecting Powers shall be notified of offenses punishable by death under the laws of the Detaining Power. Subsequently, no other offense may be subject to the death penalty without the consent of the Power holding the prisoners of war. If a prisoner of war is sentenced to death, the latter is carried out no earlier than six months after the date of receipt by the Protecting Power of the detailed communication provided for by Convention III (Article 107). A sentence against a prisoner of war will be considered lawful only if it is pronounced by the same courts and in the same manner as are established for persons belonging to the armed forces of the captive power. Prisoners of war shall serve their sentence on the basis of a final sentence in the same institutions and under the same conditions as members of the armed forces of the Detaining Power. Prisoners of war are released and repatriated immediately upon the cessation of hostilities. In an agreement on the cessation of hostilities concluded between the parties to the conflict, or in the absence of such an agreement, each of the Detaining Powers shall draw up and promptly carry out a repatriation plan. The measures taken are reported to prisoners of war. The cost of repatriating prisoners of war shall be equitably shared between the captive Power and the Power holding the prisoners of war. The principles of repatriation are enshrined in Convention III (Articles 118 and 119). 4.PROTECTION OF CIVILIANS DURING ARMED CONFLICTS victim war protection armed conflict In times of armed conflict, it is the innocent civilian population, the individual civilians who do not take any part in hostilities, who most often experience the suffering and severe consequences of war. It is they who pay for the activities of the military-political leadership, those who, one way or another, are interested in the war. The legal status of the civilian population during armed conflicts is determined by the Convention on the Laws and Customs of War on Land of 1907, Convention IV, Additional Protocols I and II of 1977 to the Geneva Conventions of 1949. In Art. 51 of Additional Protocol 1 contains the rule that “the civilian population as such, as well as individual civilians, shall not be the object of attacks”. The evolution of this norm is based on taking into account the historical experience of modern armed conflicts, which testify to the ever-increasing scale of civilian casualties. If in the First World War military losses were 95%, and losses among the civilian population - 5%, then in the Second World War military losses were 52%, and civilians increased to 48%. Moreover, the trend towards an increase in losses among the civilian population took place in subsequent wars: during the war in Korea, military losses amounted to 16, and civilian - 84%; during the US aggression in Vietnam they were 10% and 90%, respectively; during Israel's aggressive war in Lebanon, the proportion of civilian casualties increased to 95%. The legal protection of the civilian population is carried out in armed conflicts, both international and non-international, as will be discussed below, even if one of the belligerents does not recognize the state of war. At the same time, humanitarian norms apply to the entire population of countries in conflict, without any discrimination based on race, nationality, religion or political opinion. They are aimed at helping to alleviate the suffering caused by war among the civilian population, especially children. The belligerents shall provide them with protection from any kind of indecent attack, as well as the assistance they need, considering their age or for any other reason. All practical measures are being taken to ensure that children under the age of 15 do not take a direct part in hostilities. In the case of offenses committed by children under the age of 18, the death sentence is not carried out. A belligerent party has no right to evacuate children, other than its own citizens, to the territory of a foreign state, except in cases of temporary evacuation due to a state of health or the need for medical treatment. No measures of physical or moral pressure should be applied to the civilian population in order to obtain from him or from third parties any information. Warring States in the course of an armed conflict are prohibited from inflicting physical suffering on the civilian population or taking any measures leading to its death: murder, torture, corporal punishment, mutilation, medical, scientific experiments, but likewise any other gross violence on the part of civilians or military representatives of the belligerent side. In addition, the following actions are prohibited: collective punishment, the use of starvation among the civilian population as a method of warfare, terror, robbery, hostage-taking. The civilian population, individual civilians, must not be subjected to attacks, as well as attacks by way of reprisals. Acts of violence or threats of violence with the primary purpose of terrorizing the civilian population, as well as indiscriminate attacks, are prohibited. Such actions include: attacks that are not directed at specific military objectives; attacks using methods or means of warfare that in each case strike military objectives and civilians or civilian objects without distinction; bombardment by any method or means that treats as a single military objective a number of clearly separated and distinct military objectives located in a city, village or other area where civilians or civilian objects are concentrated; attacks that could result in civilian casualties, injury to civilians and damage to civilian objects. In addition, the civilian population or individual civilians must not be used to protect certain points, military installations or areas of military operations from attack (Article 51 of Additional Protocol I). Persons belonging to the civilian population are not entitled to renounce (partially or completely) the rights that international law provides them with. To ensure respect for and protection of civilians, belligerents must always distinguish between civilians and combatants. In the course of hostilities, the belligerents are obliged to spare the civilian population and civilians. In international law, attention is focused on ensuring the right of inviolability of civilian hospitals established to provide care to the wounded, sick, shipwrecked, disabled and women in childbirth. The staff of civilian hospitals, including their administration, as well as persons intended to search for, pick up, transport and treat the wounded, sick, shipwrecked, civilians, the disabled and women in childbirth, are protected by international humanitarian law (Articles 18-20 of Convention IV) . Foreigners have the right to leave the territory where they are at the beginning or during hostilities, if their departure does not contradict the state interests of the host country. Consideration of the applications of such persons for departure is usually carried out in accordance with the established procedure. If a person's request to leave the territory is refused, he may appeal the decision to a court or to the appropriate administrative authority. Legal regime of the occupied territories. The legal protection of the civilian population must also be ensured in the territory temporarily occupied by the enemy, even if the occupation does not meet with any armed resistance. Moreover, the territory is recognized as occupied if it is really in the power of the enemy army, i.e. if such authority is established and exercises complete control over a certain area. The occupying authorities, in accordance with the norms of international humanitarian law, are obliged to take all measures in their power to ensure, as far as possible, to restore and ensure public order and public life, respecting the laws existing in the country, honor and family rights, the lives of individuals, their religious beliefs. State sovereignty over territory temporarily occupied by the enemy does not automatically pass to the occupier. In the future, the fate of such a territory is decided, as a rule, by a peace treaty. In accordance with the norms of international humanitarian law, the following actions are prohibited in the occupied territory: destruction of movable and immovable property that is state, collective or private property of an enemy power and its individual persons; taking hostages from among civilians; changing the status of officials or judges, applying sanctions or any measures of coercion to them, discriminating on the grounds that they refrain from performing their duties for reasons of conscience; carrying out all kinds of measures aimed at causing unemployment or restricting the possibility of work for citizens of the occupied territory with a view to compelling them to work for the occupying power. The occupier may involve the civilian population in labor activities, with the exception of performing work that would force him to take part in hostilities. The criminal legislation of the occupied territory remains in force. It may be rescinded or suspended by the occupying Power if it constitutes a threat to its security or interferes with the application of international humanitarian law. With this in mind, in order to ensure the effective administration of justice, the judicial bodies of the occupied territory continue to perform their functions prescribed by law. In case of violation of the rulings issued by the occupying power that provide for criminal liability, the accused persons may be tried by military courts established by the occupying power, provided that they are located in the occupied territory. Courts of second instance should consider cases primarily in the occupied country. The criminal law of the occupying Power may provide for the death penalty for civilians only in cases where they are guilty of espionage, acts of sabotage against the military installations of the occupying Power, or willful offenses resulting in the death of one or more persons, if the rules criminal law in force in the territory prior to the occupation provided for the death penalty in such cases. The judiciary of the occupying Power cannot pronounce any sentence without considering the case in the manner prescribed by law. Any person who is charged by the occupying power must be notified without delay in writing, in a language he understands, detailing the charges against him. Legal status of internees. The belligerent states that carry out the internment of civilians are obliged to ensure their maintenance and provide medical assistance. Speaking about the protection of victims of war, they mean the provision by the parties to the conflict of international legal protection for such categories of persons: the wounded, the sick, persons from the armed forces at sea, shipwrecked, prisoners of war, the civilian population, that is, granting them such a status would guarantee humane treatment of them and excluded violence, mockery, mockery of persons. The main international legal acts that determine the legal status of these persons are the four Geneva Conventions of 1949 and Additional Protocols I and II of 1977. The wounded and sick include both military personnel and civilians who, due to injury, illness, or other physical or mental disorder, disability in need of medical attention or care and who refrain from any hostile act. These are the passengers of the wrecked ship, "persons who are in danger at sea and other waters, pregnant women, women in childbirth, newborn children. The regime of the wounded and sick also applies to the personnel of the militias and volunteer detachments, partisans, persons who follow the armed forces, but are not part of them, war correspondents, service personnel, crew members of the merchant fleet, the population of the unoccupied territory, which is taken for weapons with the approach of the enemy. States at war must treat the victims of war humanely in all circumstances and provide them with the greatest possible medical assistance and care. If such persons are in the hands of another party to the conflict, they are considered prisoners of war. In relation to these persons, the following actions are prohibited: encroachment on life and physical integrity; hostage taking; collective punishment; threats to commit the above actions, conduct medical or scientific experiments; deprivation of the right to a fair trial, the practice of apartheid and other inhumane acts based on racial discrimination. The military must allow the civilian population and charitable organizations to pick up and care for the wounded and sick on their own initiative, and no one should be prosecuted or condemned for such actions. The parties to the conflict, if possible, should register the prisoners, the wounded and the sick for further transfer to the state of which they are citizens. International legal protection of the civilian population. The civilian population is persons who do not belong to any category of participants in an armed conflict and do not directly participate in hostilities. Legal protection of the civilian population is carried out in conflicts of both international and non-international character. The parties to the conflict are obliged to take all measures so that children under 15 years of age, those who are orphaned or divorced from their families due to the war, are not abandoned by fate (Article 24 of the Geneva Convention for the Protection of Civilian Persons in Time of War). No measures of physical or moral pressure can be applied to the civilian population in order to obtain any information. It is forbidden to inflict physical suffering or take any action that will lead to the death of a civilian of the population (murder, torture, corporal punishment, mutilation, medical, scientific experiments, starvation among civilians as a method of warfare, terror, robbery, hostage-taking, other violence by civilian or military representatives of the parties to the conflict). The civilian population and individual civilians must not be the object of attack. It is prohibited to use the civilian population to protect certain objects, points or areas of attack. military occupation regime. Military occupation is a temporary seizure of the territory (Part of the territory) of one state by the armed forces of another state and the establishment of a military administration in the occupied territory. The military occupation of any territory does not mean its transition under the sovereignty of the state that has captured it. According to the provisions of the IV Hague Convention of 1907 p., IV of the Geneva Convention of 1949, Additional Protocol I, the occupying power is obliged to take all measures to ensure order in the occupied territory. The population of the occupied territory must obey the orders of the authorities, but it cannot be forced to take an oath of allegiance to the occupying power, to participate in hostilities directed against its state, to testify about the army of the latter. The honor, dignity, life of civilians, their property, religious beliefs, families must be respected. The occupying state must provide the civilian population with the necessary clothing, food and sanitary materials. In relation to the civilian population it is prohibited: to commit any acts of violence; use coercion of a physical or moral nature, in particular to obtain information; use torture, corporal punishment, medical experiments, collective punishment, etc., take him hostage; deported from the occupied territory. Foreigners who find themselves in the occupied territory are guaranteed the right to leave it as soon as possible. The regime of military captivity. The regime of military captivity is regulated by the III Geneva Conventions of 1949. According to the Convention, persons who have fallen under the power of the enemy are considered prisoners of war: personnel of the armed forces, militia and volunteer detachments that are part of the armed forces; personnel of partisan detachments; personnel of the armed forces who are subordinate to the government, that is recognized by the state, which is held captive, war correspondents, suppliers, other persons who follow the armed forces, members of the crew of the merchant marine and civil aviation, the population of the unoccupied territory took up arms if they are open carries arms and obeys the laws and customs of war. The detaining state is responsible for the treatment of prisoners of war. Each prisoner of war, during his interrogation, is obliged to report only his last name, first name, rank, date of birth and personal number. Prisoners of war may not be subjected to physical mutilation, scientific or medical experiments. They may be subject to reprisals. Prisoners of war must be protected from violence and intimidation, they must be ensured respect for the person and dignity. The state that captured may subject prisoners of war to internment. they may also be prohibited from going outside the camp's designated limit. Prisoners of war are provided with accommodation, food, clothing and medical care. They must be provided with access to medical and religious personnel. In captivity, the wearing of awards is preserved. Prisoners of war are provided with the opportunity to work, forced labor is prohibited. It is forbidden to use prisoners of war in dangerous work (for example, to clear mines) or in such that degrade one's dignity. In the process of work, safety requirements must be met. Prisoners of war must have contact with outside world. they are also provided with the right to complain to the authorities of the state that keeps them in captivity. Prisoners of war are obliged to comply with the laws of the state, they are kept in captivity and which has the right to apply judicial and disciplinary sanctions for misconduct. However, a penalty can only be imposed once per misdemeanor. Collective punishment is prohibited. A prisoner of war may only be subjected to disciplinary action for escaping. After the end of hostilities, prisoners of war are released and repatriated. The term "victims of war" was first introduced into the theory and practice of international relations during the development of the Conventions of August 12, 1949 for the protection of victims of war and their acceptance at the Geneva Diplomatic Conference April 21-August 12, 1949. Subsequently, in the course of the work of the next Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, 1974-1977. additional protocols I and II were adopted, in the full title of which this term is also used. Judging by the title of the four Geneva Conventions for the Protection of Victims of War, it is not difficult to understand who is the object of their protection: In Additional Protocol I, the content of these concepts is disclosed. In particular, the “wounded and sick” are persons (both military and civilian) who, owing to injury, illness or other physical or mental disorder or disability, are in need of medical attention or care and who refrain from any act of hostility. The term also includes women in childbirth, newborns and other persons in need of medical attention or care, such as pregnant women or the infirm, who refrain from any act of hostility. "Shipwrecked" includes both military and civilian persons who are endangered at sea or in other waters as a result of misfortune befalling either them or the ship or aircraft carrying them, and who refrain from any act of hostility. . They continue to be considered shipwrecked at the time of their salvage until they are given another status under the Conventions for the Protection of Victims of War or Protocol I, provided they continue to refrain from any act of hostility (art. 8). "Prisoners of War" In an international armed conflict, a person who takes part in hostilities and falls into the power of an adverse party is considered if he has the right to the status of a prisoner of war or claims to be such, and also if the party on which he depends demands such a status for him. If there is any doubt about the legal status of such a person, he must be recognized as a prisoner of war and has the right to defend his status in court (Article 45 of Additional Protocol I). As for non-international armed conflicts, Additional Protocol 11 does not contain the concept of “prisoner of war”. At the same time, in everyday life, the concept of "prisoner of war" is also widely used when it comes to internal armed conflicts. On the other hand, it is primarily associated with a person who has the citizenship of a foreign state. By belonging to the citizenship of their state, forced migrants and refugees are also distinguished. Protocol II refers to persons deprived of their liberty for reasons related to the armed conflict, regardless of whether they are interned or detained (art. 2 para. 2; art. 5). Does this mean that a person who takes part in an internal conflict cannot claim the status of a prisoner of war? It seems that the answer to this question should be in the affirmative. From a legal point of view, there are no documents in international humanitarian law that would consider participants in internal armed conflicts who are captured, or rather, detained by the opposite side, as prisoners of war. Additional Protocol II, applicable during internal armed conflict, does not contain a clause similar to that contained in Protocol I regarding the judicial procedure for clarifying various doubts about the belonging of a person to prisoners of war. With this in mind, there are no formal grounds for applying the status of a prisoner of war in the event of the detention of persons participating in an internal armed conflict. "Civilian population" means civilians who do not belong to any of the categories of legitimate participants in armed conflicts and do not directly take part in hostilities. The presence among the civilian population of individuals who do not fall within this definition does not deprive that population of its civilian character (Article 50 of Additional Protocol I). International humanitarian law reveals the content of the concept of “victims of war”, and also defines in detail their legal status and names specific legal norms to ensure the protection of this category of persons by belligerent states, as discussed below. The term "victims of war" was first introduced into the theory and practice of international relations during the development of the Conventions of August 12, 1949 on the protection of victims of war and their acceptance at the Geneva Diplomatic Conference on April 21 - August 12, 1949. Subsequently, in the course of the work of the next Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, 1974-1977. additional protocols I and II were adopted, in the full title of which this term is also used. Judging by the titles of the four Geneva Conventions for the Protection of Victims of War, it is not difficult to understand who is the object of their protection: In Additional Protocol I, the content of these concepts is disclosed. In particular, the wounded and the sick are persons (whether military or civilian) who, owing to an injury, illness or other physical or mental disorder or disability, are in need of medical care or care and who refrain from any act of hostility. The term also includes women in childbirth, newborns and other persons in need of medical attention or care, such as pregnant women or the infirm, who refrain from any act of hostility. TO shipwrecked persons includes both military personnel and civilians who are in danger at sea or in other waters as a result of an accident that befalls either them or the ship or aircraft carrying them, and who refrain from any act of hostility. They continue to be considered shipwrecked at the time of their salvage until they are given another status under the Conventions for the Protection of Victims of War or Protocol I, provided they continue to refrain from any act of hostility (art. 8). POWs In an international armed conflict, a person who takes part in hostilities and falls into the power of an adverse party is considered if he has the right to the status of a prisoner of war or claims to be such, and also if the party on which he depends demands such a status for him. If there is any doubt about the legal status of such a person, he must be recognized as a prisoner of war and has the right to defend his status in court (Article 45 of Additional Protocol I). As regards non-international armed conflicts, Additional Protocol II does not contain the concept of “prisoner of war”. At the same time, in everyday life, the concept of "prisoner of war" is also widely used when it comes to internal armed conflicts. On the other hand, it is primarily associated with a person who has the citizenship of a foreign state. By belonging to the citizenship of their state, forced migrants and refugees are also distinguished. Protocol II refers to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained (art. 2 par. 2; art. 5). Does this mean that a person who takes part in an internal conflict cannot claim the status of a prisoner of war? It seems that the answer to this question should be in the affirmative. From a legal point of view, there are no documents in international humanitarian law that would consider participants in internal armed conflicts who are captured, or rather, detained by the opposite side, as prisoners of war. Additional Protocol II, applicable during internal armed conflict, does not contain a clause similar to that contained in Protocol I regarding the judicial procedure for clarifying various doubts about the belonging of a person to prisoners of war. With this in mind, there are no formal grounds for applying the status of a prisoner of war in the event of the detention of persons participating in an internal armed conflict. The concept of " civilian population» includes civilians who do not belong to any of the categories of legitimate participants in armed conflicts and do not directly take part in hostilities. The presence among the civilian population of individuals who do not fall under the definition of civilians does not deprive that population of its civilian character (art. 50 of Additional Protocol I). International humanitarian law reveals the content of the concept of "victims of war", and also defines their legal status in detail, contains specific legal norms to ensure the protection of this category of persons by belligerent states, as discussed below.The concept of "victims of war" in international humanitarian law