UPDATE OF THE LEGAL STATUS OF CAPTIVE SERVICEMEN OF THE ARMED FORCES OF THE RUSSIAN FEDERATION

Анотація

The scientific article is devoted to the analysis of the criminal-executive and international humanitarian-legal nature of the special legal status of prisoners of war originating from a country with the status of a state-sponsor of terrorism, the ruling elite of which is granted the status of a terrorist in the international order, conducted on the basis of a scientific understanding of the conventional legal framework. Theoretical constructions and proposals for the potential future adoption of norms of international law regarding the difference in the legal status of prisoners of war countries, whose ruling regime is recognized as terrorist, and which themselves are state-sponsors of terrorism, are formulated. It is noted that the current international norms apply a universal approach to determining the legal status of prisoners of war, and without reference to individual possible legal statuses of states. Therefore, the current norms establish the same legal status for prisoners of war, including those of the state whose ruling regime is recognized as terrorist, and the country itself is a state sponsor of terrorism. It is emphasized that international humanitarian law is actually endowed with a compromise character between the principles of humanity and military necessity. It is substantiated that prisoners of war – representatives of the armed forces and other armed formations of the Russian Federation, as countries with the status of state-sponsors of terrorism, whose ruling regime is internationally recognized as terrorist, should receive a specific legal status aimed at deterring the continuation or escalation on the part of the terrorist country. The conditions and limitations of the legal status of this category of prisoners of war have been formulated, which should form a special legal status of prisoners of war. Based on the scientific systematization of the facts, it is noted that the UN is obviously experiencing a multi-year and systemic crisis, turning into a stage for verbal demarches. It is noted that in such a discredited status, the UN is unable to update the international humanitarian legal framework and is subject to critical reform.

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