RIGHTS AND OBLIGATIONS OF THE CIVILIAN POPULATION DURING THE CONDUCT OF WAR IN UKRAINE Cover Image

PRAWA I OBOWIĄZKI LUDNOŚCI CYWILNEJ PODCZAS PROWADZENIA DZIAŁAŃ WOJENNYCH NA UKRAINIE
RIGHTS AND OBLIGATIONS OF THE CIVILIAN POPULATION DURING THE CONDUCT OF WAR IN UKRAINE

Author(s): Paweł Owczarczyk
Subject(s): Civil Society, Russian war against Ukraine
Published by: Wojskowa Akademia Techniczna im. Jarosława Dąbrowskiego
Keywords: occupation; international humanitarian law; civilians; rights and obligations; conflict in Ukraine;

Summary/Abstract: The article presents the rights and obligations of the civilian population during the occupation in the light of the conditions defined by international humanitarian law. The aim of the work is to discuss the legal status of the occupation and the rights and obligations of the civilian population in the occupied territory and to indicate current examples of compliance with enforcement and violation of this law on the example of the armed conflict in Ukraine. The research problem in the work was defined in the form of a question: what conclusions can be drawn regarding the observance of international humanitarian law during the armed conflict in Ukraine? The research hypothesis took the form of the statement that despite widely available doctrinal regulations related to international humanitarian law, there are many examples that prove that the enforcement of this law still requires significant efforts at the international level. The research methodology is based on the analysis of scientific literature, reports and Internet sources, on the basis of which the experiences in compliance with international law of the warring parties are presented. The article presents issues related to how the legal status of occupation is defined and what are the rights and obligations of the civilian population in occupied territories as defined in international law. Moreover, selected examples present conclusions regarding compliance with international humanitarian law during the armed conflict in Ukraine. The main research conclusions detail that despite the broad umbrella of protection provided by international law, the experience of recent years shows that not all states comply with the obligations they previously accepted by acceding to international conventions and customary laws. Mechanisms to ensure that those responsible for failing to comply with legal regulations will suffer adequate consequences unfortunately do not function clearly. The lack of effective ways of enforcing international law and sanctioning its violations means that those responsible often avoid responsibility. The lack of uniform standards and enforcement bodies hinders effective intervention in the event of vio- lations. Therefore, it is necessary to strive to strengthen the international system to ensure more effective enforcement of the law and accountability for its violations. This challenge requires cooperation between states and constant pressure from the international community to comply with established legal norms.

  • Issue Year: 33/2024
  • Issue No: 3
  • Page Range: 29-50
  • Page Count: 12
  • Language: Polish
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