Legal analysis of gaps in the protection of prisoners of war in view of the historical aspects

The study of legal gaps in the protection of prisoners of war (POWs) is relevant in the context of current armed conflicts, in particular Russia’s war against Ukraine, which is accompanied by massive violations of international humanitarian law. The analysis of the regulatory framework identified its shortcomings and assessed the effectiveness of international mechanisms for monitoring the observance of the rights of prisoners of war. The aim of the study was to identify legal gaps in international humanitarian law and assess the effectiveness of law enforcement practice in cases of war crimes. The study employed the following methods: content analysis of international legal acts and court decisions, case studies of modern armed conflict, interviews with military experts and human rights defenders. The results showed that the Geneva Conventions and other international treaties contain contradictions that allow avoiding responsibility for crimes against prisoners of war. An analysis of historical conflicts, including World War II, the wars in Vietnam and the Balkans, confirmed the systemic nature of the problem of ineffective law enforcement. Numerous cases of torture, ill-treatment and extrajudicial executions of Ukrainian POWs have been recorded in the current conflict, which indicates the need to reform international law. The study confirmed the insufficient effectiveness of existing mechanisms for monitoring and punishing war crimes, as the implementation of decisions of international courts depends on the political will of states. The academic novelty of the study is the comprehensive analysis of current violations of the POWs’ rights, taking into account historical aspects and international judicial practice. The study supplemented the theoretical framework with new facts about the trends in violations of the POWs’ rights and the effectiveness of international response mechanisms. Further research may focus on the analysis of the impact of international sanctions on compliance with humanitarian law, an assessment of changes in international law after the end of the conflict, and the development of new mechanisms for bringing to justice for war crimes.