Olshanetska S. The legal status of the persons, whose freedom is limited due to non-international armed conflict

The thesis is devoted to the legal status of persons, whose freedom is limited due to non-international armed conflict. For the first time in the domestic international legal doctrine a concept of “person, whose freedom is limited due to non-international armed conflict” was introduced and its characteristic features were defined. Author analyzes the main stages of formation and development of legal regulation of the status of such persons. The legal regulation of their status is carried out not only by international humanitarian law, but also by human rights law and international criminal law. Based on the analysis of international law and international legal doctrine author distinguishes the grounds for limitation of freedom of people in the conditions of non-international armed conflict, into legal, factual and procedural. There is disclosed detention of conditions for this category of persons, and defined the peculiarities of the normative content of guarantees for a fair trial. Particular attention is paid to study of the impact of termination of noninternational armed conflict for the status of persons whose freedom was limited due to it. It is proved that in international humanitarian law it was established the obligation for the parties after non-international armed conflict to release all persons whose freedom has been limited due to it. Additionally it is analyzed the question about criminal responsibility of this category of persons, and the ability to application to them an amnesty.