Legal challenges arising in criminal proceedings involving prisoners of war
The article emphasizes that, in light of the global increase in the number of armed conflicts and States’ obligations to comply with the norms of international humanitarian law, the issue of criminal proceedings concerning prisoners of war acquires particular relevance. In view of contemporary chall...
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| Vydáno v: | Науковий вісник Ужгородського національного університету. Серія Право Ročník 4; číslo 91; s. 301 - 307 |
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| Hlavní autoři: | , , |
| Médium: | Journal Article |
| Jazyk: | angličtina |
| Vydáno: |
22.11.2025
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| ISSN: | 2307-3322, 2664-6153 |
| On-line přístup: | Získat plný text |
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| Shrnutí: | The article emphasizes that, in light of the global increase in the number of armed conflicts and States’ obligations to comply with the norms of international humanitarian law, the issue of criminal proceedings concerning prisoners of war acquires particular relevance. In view of contemporary challenges to international security encompassing both traditional interstate conflicts and hybrid forms of aggression, there arises a need for a clear definition of the legal status of prisoners of war and guarantees for their protection. In wartime conditions, the State faces the necessity of simultaneously ensuring justice in compliance with international law and guaranteeing the safety of its own population and national interests. In this connection, it is important to ensure an effective mechanism for monitoring compliance with human rights in wartime, since this affects not only the international reputation of the State but also confidence in its legal system. The foregoing determines the necessity of rethinking approaches to ensuring legal order during martial law, in particular within the framework of criminal proceedings. It is stated that the contemporary law-application context presents numerous challenges in the sphere of criminal proceedings concerning prisoners of war. In this regard, it is expressed that further scholarly understanding is required not only of the procedural aspects of conducting pre-trial investigations or judicial proceedings, but also of fundamental questions: the limits of State jurisdiction, the relationship between international humanitarian law and national criminal procedure, the admissibility of criminal prosecution of prisoners of war under certain circumstances, and the like. It is noted that at the present stage of functioning of the criminal procedural mechanism the issue of ensuring adequate standards of treatment of prisoners of war, and of observing the principles of humanity, non-discrimination and the presumption of innocence, acquires particular importance. The development of clear procedures and transparent rules for the treatment of prisoners of war is a necessary prerequisite for the formation of a fair and resilient model of justice during hostilities and after their cessation. It is proposed to strengthen the procedural status of prisoners of war in respect of whom criminal proceedings are being conducted, and to bring the existing criminal procedural legislation into conformity with the requirements of the Third Geneva Convention of 1949. |
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| ISSN: | 2307-3322 2664-6153 |
| DOI: | 10.24144/2307-3322.2025.91.4.42 |