Grushko M. Development and specific features of the international law regime of prisoners of war

Complex study into institute of military captivity is held. Its historical development is traced. Institute’s humanization and proliferation of norms on the treatment of prisoners of war and their protection are specified as characteristic features of this development. The system characteristic of the institute of military captivity is proposed. The provisions of universal international agreements on the protection of prisoners of war are analyzed in details. Existing customary law is reviewed. Subsidiary sources of IHL for the protection of prisoners of war (resolutions of the UN GA, UN SC resolutions, ICRC commentaries, jurisprudence) are studied. It is concretized that international norms on treatment of prisoners of war are applicable to the internationalized armed conflict. Among others they are applicable to the armed conflict in the parts of Donetsk and Lugansk regions. International law control mechanisms of protection of prisoners of war are demonstrated. IHL implementation measures for the protection of prisoners of war are systematized. Complex of legislative and law enforcement measures for the improvement of the quality of implementation of the IHL in Ukraine is proposed. Issues of individual criminal responsibility for violations of the IHL in the context of the treatment of prisoners of war are studied.