Shortcomings of "humanitarian diplomacy" in the field of the protection of prisoners of war

Abstract

The article provides a generalized analysis of the shortcomings of the functioning of humanitarian diplomatic institutions in the field of protection of the rights and freedoms of prisoners of war. It was established that, in general, the problem of the war in Ukraine actualizes deep ideological and legal constructions about justice, dignity and universal human values in the conditions of the conflict and requires a comprehensive approach to its solution. At the same time, the situation in the conflict zone leaves human rights mechanisms with the challenge of ensuring effective protection. Ensuring the inalienable rights of prisoners of war requires not only legal regulation, but also the practical implementation of these norms in difficult conflict conditions. It is motivated that the protection of the life and health of prisoners of war belongs to the canonical imperatives of ethics, which are embodied in normative acts of international humanitarian law. This imperative obligation, based on the principle of inviolability of the individual, reflects the highest anthropological ideals. However, the modern reality shows the insufficient effectiveness of these normative principles in the context of armed conflicts. Unfortunately, violations of the rights of prisoners of war have become commonplace, which requires improvement and strengthening of their protection mechanisms. The main task of the humanitarian community and the state striving to stabilize the situation in the conflict zone is to ensure elementary, "minimum" standards of humanity during a military conflict, including in relation to prisoners of war, which includes the need for a comprehensive approach that includes not only the regulatory and legal framework, but also the active role of international organizations, the public and humanitarian organizations. One of the main directions is to ensure independent monitoring of conditions of detention and treatment of prisoners of war. The analysis of the practice of the functioning of international and national "humanitarian diplomacy" in the context of the modern war on the territory of Ukraine gave us the opportunity to single out a number of significant problems in the field of protecting the rights of prisoners of war, in particular: the limited accessibility of representatives of "humanitarian diplomacy" to specific areas or groups of prisoners of war, to the camps where they are held; possible financial limitations of missions due to the problem of limiting resources and means for providing humanitarian aid; political pressure and limitations of "humanitarian missions", which causes a violation of the principles of neutrality and independence of humanitarian aid; security problems for employees of institutions.