Protecting the Rights of Military Personnel in Armed Conflicts: International Standarts and Ukrainian Practice

Abstract

The article analyzes international standards for protecting the rights of military personnel in armed conflicts, with the primary focus on legal aspects and challenges of the 21st century. It examines the core norms of international humanitarian law (IHL) and their application to military personnel. Special attention is given to the observance of military personnel’s rights under the Geneva Conventions and their Additional Protocols. The article assesses the extent to which these provisions are upheld in the context of modern armed conflicts and explores instances of their violation.
A significant place in the article is dedicated to Ukraine’s experience in safeguarding the rights of its military personnel in context of armed conflicts. It investigates the measures taken by the state to ensure the rights of military personnel, particularly in terms of legal and social protection, as well as cases of violations of such protection and the mechanisms employed to address them.
Additionally, the role of international organizations such as the United Nations (UN), North Atlantic Treaty Organisation (NATO), the International Committee of the Red Cross (ICRC), and others in monitoring and ensuring compliance with the rights of military personnel in armed conflicts is examined. The mechanisms of the international community’s response to violations of military personnel’s rights are outlined, along with an evaluation of their effectiveness.

The role of international courts, such as the International Criminal Court (ICC), the European Court of Human Rights (ECHR), and other judicial bodies, in addressing cases related to violations of military personnel’s rights is acknowledged. Precedents that have significantly influenced the development of human rights protection practices are explored.
Thus, authors of article provide a comprehensive overview of current legal aspects of protecting military personnel’s rights in modern armed conflicts, highlights contemporary challenges, and suggests ways to address legislative gaps amid the dynamic evolution of international law.