Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 75
2022
ISSN 0798-1406 ~ Depósito legal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión ycon fron ta cióndelasideas y avan ces cien tí fi coscon com pro mi soso cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nilda Marín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 75 (2022), 717-740
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 23/09/22 Aceptado el 15/11/22
Guaranteeing the Exercise of the Right
to Medical Care of Prisoners of War in the
Context of International Protection
DOI: https://doi.org/10.46398/cuestpol.4075.43
Mykhailo Puzyrov *
Yana Krupko **
Oleksandr Mytska ***
Olexii Yermak ****
Anton Sikun *****
Abstract
The aim of the article is to study the Ukrainian and international
legal framework with respect to the exercise of the right of
prisoners of war to medical care and, likewise, to determine the
measures to ensure it. The following methods were used: analysis
and synthesis, statistical analysis, graphical methods and logical-
abstract method. The distinction of this study is the systematization of the
legislative framework and non-legal measures concerning the exercise of
the right of prisoners of war to medical care. In the course of the research,
it was established that a number of Ukrainian and international legislative
acts regulate the rules of treatment of prisoners of war, including the Geneva
Convention relative to the treatment of prisoners of war. The ndings of
the investigation established that Russian occupiers regularly violate these
provisions in relation to captured Ukrainians. However, the mechanisms for
bringing war criminals to justice and the methods for assisting Ukrainian
POWs are imperfect. The optimal way to help prisoners of war is exchange,
but its procedure is also imperfect and communication with the enemy is
complicated.
*Doctor of Juridical Science, Senior Researcher, Professor of the Department of Criminal, Criminal and
Executive Law and Criminology, Academy of the State Penitentiary Service, 14000, Chernihiv, Ukraine.
ORCID ID: https://orcid.org/0000-0002-7814-9476
** PhD in Law, Associate Professor, Head of the Department of Postgraduate Studies, Academy of State
Penitentiary Service, 14000, Chernihiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-1578-2303
*** PhD in Law, Head of the Department of Legal and Special Training, Territorially Separated Department
“Kamensk Branch of the Academy of Penitentiary Service”, 51900, Kamyanske, Ukraine. ORCID ID:
https://orcid.org/0000-0003-4621-8809
**** PhD in Law, Chief researcher of the department of scientic activity and international cooperation of
the Academy of the State Penitentiary Service, 14000, Chernihiv, Ukraine. ORCID ID: https://orcid.
org/0000-0003-1872-0383
***** Deputy head of the Department of Theory and History of the State and Law, Constitutional Law,
Academy of the State Penitentiary Service, 14000, Chernihiv, Ukraine. ORCID ID: https://orcid.
org/0000-0003-1484-8830
718
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
Keywords: military service; Armed Forces of Ukraine; prisoners of war;
medical care; international humanitarian law.
Garantía del ejercicio del derecho a la atención
médica de los prisioneros de guerra en el contexto de la
protección internacional
Resumen
El objetivo del artículo es estudiar el marco legal ucraniano e
internacional con respecto al ejercicio del derecho de los prisioneros de
guerra a la atención médica y, de igual modo, determinar las medidas
para garantizarlo. Se utilizaron los siguientes métodos: análisis y síntesis,
análisis estadístico, métodos grácos y método lógico-abstracto. La
distinción de este estudio es la sistematización del marco legislativo y las
medidas no jurídicas relativas al ejercicio del derecho de los prisioneros de
guerra a la atención médica. En el curso de la investigación se estableció
que varios actos legislativos ucranianos e internacionales regulan las reglas
de tratamiento de los prisioneros de guerra, incluida la Convención de
Ginebra relativa al trato de los prisioneros de guerra. En las conclusiones
de la investigación se determinó que los ocupantes rusos violan estas
disposiciones con regularidad en relación con los ucranianos capturados.
Sin embargo, los mecanismos para llevar a los criminales de guerra ante la
justicia y los métodos para ayudar a los prisioneros de guerra ucranianos
son imperfectos. La forma óptima de ayudar a los prisioneros de guerra
es el intercambio, pero su procedimiento también es imperfecto y la
comunicación con el enemigo es complicada.
Palabras clave: servicio militar; Fuerzas Armadas de Ucrania;
prisioneros de guerra; atención médica; derecho
internacional humanitario.
Introduction
The outrageous and insane Russia’s invasion of Ukraine on February
24, 2022 poses a threat not only to Ukraine and its citizens, but also to
the entire world community. This is a good reason for conscious citizens
and governments to unite and prove the value of the democratic rights
and freedoms achieved by civilization. This is the time to demonstrate the
supremacy of international humanitarian law over inhumane treatment,
cruelty and lawlessness.
719
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
The ongoing hostilities on the territory of Ukraine are accompanied by
the capture of prisoners by both sides of the conict. Treatment of prisoners
of war is one of the necessary humanitarian norms, which the parties must
observe during war. The Geneva Convention relative to the Treatment of
Prisoners of War establishes the complete list of rules for the treatment
of prisoners of war. More and more evidence of the inhumane treatment
of captured representatives of the Armed Forces of Ukraine and other
prisoners by the occupiers is accumulating with the course of the conict.
There are cases of murder, torture, insults to honour and dignity, as
well as evidence of regular failure to provide medical care even to sick
and wounded servicemen. This violates all provisions of international
humanitarian law, and there are, in fact, no eective mechanisms to stop
lawlessness. That is why the topic of this study is extremely relevant, as the
health and life of Ukrainian prisoners often depends on the urgency of the
measures taken.
Today, the actions of the Russian occupiers in the territories under
their control resemble the Nazi atrocities described in detail in the work of
Yakovliev (2022) regarding the Kharkiv region. The enemy also occupied
part of the Kharkiv region in 2022. However, a signicant part of the
territories was liberated in September by the eorts of the Armed Forces
of Ukraine. In addition to the return of the territories of the city of Kharkiv
to Ukraine, the liberation was accompanied by the detection of the terrible
crimes committed by the occupiers.
Many other evidence of war crimes committed by the Russian occupiers
has already been accumulated. These are the testimonies of prisoners
detained by the occupiers near Mariupol and later released by the Armed
Forces of Ukraine. These are shootings of evacuation buses by Russian
servicemen, queues for humanitarian aid and other crimes in Izium,
Kharkiv region (Mernyk, 2022). This is a terrible truth revealed after the
release of Bucha, Irpin, and Hostomel (Shchyhelska and Perets, 2022).
However, the crimes of the Russian Federation went beyond the
genocide of the civilian population. They also include crimes against
Ukrainian prisoners of war, representatives of the Armed Forces of Ukraine
and other persons. In addition to undisguised brutality and torture of
prisoners, Russian combatants keep them in inappropriate conditions
without providing adequate medical care and proper nutrition.
So, the aim of the research is to study Ukrainian and international
legislation regarding the exercise of the right of prisoners of war to medical
care, and determine measures to guarantee it.
The aim involves the fullment of the following research objectives:
• review international and Ukrainian legislation regarding the
treatment of prisoners of war;
720
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
• provide evidence of violations of the rights of prisoners of war as
a result of the military aggression of the Russian occupiers against
Ukraine;
• describe the mechanism of bringing war criminals to justice, and
determine ways to guarantee the exercise of the rights of prisoners
of war, including the right to medical care.
2. Literature review
The issue of guaranteeing the exercise of the right of prisoners of war
to medical care is poorly studied. Most of the academic literature reviewed
on this issue refer to the Geneva Convention relative to the Treatment of
Prisoners of War (Verkhovna Raga of Ukraine, 1949). There are studies
that deal with the development of the legal framework for guaranteeing
the rights of prisoners of war at the country level. Researchers also study
the attitude of the public to the issue under research, the preparation of
prisoners of war for possible capture, rehabilitation after capture.
Fedorenko et al. (2022) provides a retrospective on the prerequisites and
the process of building a modern international mechanism for bringing war
criminals to justice. The article focuses on the violation of the rights of both
the civilian population and prisoners of war, much evidence is provided
about torture and ill-treatment of prisoners of war. The researchers
listed the institutions that should ensure compliance with international
provisions of humanitarian law. The steps that Ukraine takes in order to
create a mechanism for bringing war criminals to justice are outlined.
Kallberg (2022) emphasizes the growing number of crimes committed
by the Russian occupiers. The researcher attempts to reveal the reasons
for this course of events. According to international law, all soldiers must
have a clear understanding of the rights of prisoners of war, both from the
perspective of the prisoner and the captured. But the Russian chauvinistic
culture does not provide explanations to Russian soldiers about how to act
if they are captured. This contradicts the regime’s narrative: the fact that
a Russian soldier could become a prisoner of war does not t the regime’s
projection of national superiority and power.
Some scholars believe in compliance with the norms on the provision of
aid to prisoners of war enshrined in the Geneva Convention by both parties
to the conict. For example, Arman et al. (2020) note that the Geneva
Convention relative to the Treatment of Prisoners of War provides a “solid
foundation” for their protection. On the contrary, Human (2018) considers
that prisoners of war are insuciently protected under this Convention.
The researcher does not believe that any legal framework will ever be able
to protect prisoners of war from cruel treatment.
721
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
Chu (2019) examines treatment of prisoners of war in terms of so-called
“reciprocity”. This means that the behaviour of one party to the conict
is determined by the actions of the other. That is, if one party does not
expect “reciprocity”, it can continue to commit illegal acts with impunity.
“Reciprocity” may include torture in response to torture committed by one
of the parties to the conict, failure to provide appropriate assistance, etc.
Cruel treatment and lack of appropriate assistance to prisoners of war
makes the issue of their return to the Motherland particularly acute. This
requires facilitation and optimization of the procedure for the exchange of
prisoners of war to the maximum possible extent. Maletov (2022) provides
a list of problems associated with the exchange procedure because of
the unregulated negotiation procedure. Kuznetsov and Syiploki (2022)
emphasize the excessively complex procedure and the lack of transparency.
Some works deal with the study of preventive measures and those
that must be applied after the release of servicemen from captivity. These
measures relate to their mental health. Liebrenz et al. (2022) emphasize
that not only a physical condition requires recovery after captivity, but also
a mental one. Apalkov and Khmiliar (2022) believe that military personnel
must be prepared in advance for the possibility of being captured. Leon
et al. (2022) also pay attention to the restoration of health not only of
prisoners of war, but also of other victims of war, including civilians.
Among other things, the researchers distinguish the excessive pressure that
the Ukrainian health care system faces as a whole.
3. Methods and materials
3.1. Research design
The complex nature of the research requires its division into three
consecutive and interrelated stages. The division into stages was carried out
in accordance with the research objectives and according to the following
logic. First, the rights of prisoners of war are enshrined in Ukrainian
and international legislation, so it is appropriate to consider the relevant
legislative acts at the rst stage. Second, there is a lot of evidence about
violations of the rights of prisoners of war, accordingly, it is necessary to
investigate such violations and their scale at the second stage. Third, it is
necessary to determine how war criminals can be brought to justice and
how it is possible to guarantee the exercise of the rights of prisoners of war.
So, the rst stage involved a review of Ukrainian and international
legislation in force during the period of martial law. Legal provisions
regarding the treatment of prisoners of war were separately considered.
722
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
In particular, the constitutional rights of Ukrainian citizens and
their limitations in connection with the declaration of martial law were
considered. The legal grounds for introducing martial law and the regulatory
framework for the legal regime of martial law were outlined. The substance
of the “prisoner of war” status according to the Geneva Convention relative
to the Treatment of Prisoners of War was revealed. Provisions of Ukrainian
legislative acts regarding the treatment of prisoners of war are provided.
The second stage briey describes the scale of war crimes committed
by the Russian military on the territory of Ukraine. Articles of the Geneva
Convention relative to the Treatment of Prisoners of War, which were
violated by the occupiers in relation to representatives of the Armed
Forces of Ukraine and other prisoners of war, are provided. The articles
directly related to the provision of medical care to prisoners of war were
distinguished among the violated articles. Testimony of released Ukrainian
servicemen regarding their cruel treatment by the occupiers, including
cases of murder and torture, is provided.
The third stage involved the description of the mechanism for bringing
war criminals to justice. Besides, ways of exercising the rights of prisoners
of war, including the right to medical care, were considered. The list
of international institutions that ensure compliance with the laws and
customs of war is provided. The main available ways to provide medical
care to prisoners of war are outlined. The main barriers that often make the
process of providing medical care even to sick and wounded prisoners of
war impossible are indicated.
3.2. Informational background of the research
The information background of the research is a number of international
and Ukrainian legislative acts, statements of ocial representatives of
the Ukrainian government, journalistic research and ocial statistics.
Legislative acts that were considered in the study:
The Constitution of Ukraine adopted at the fth session of the Verkhovna
Rada of Ukraine on 28 June 1996 (President of Ukraine, 1996);
• Decree of the President of Ukraine No. 64/2022 “On the Introduction
of Martial Law in Ukraine”.
• The Law of Ukraine on the Legal Regime of Martial Law (Verkhovna
Rada of Ukraine, 2015).
• The Geneva Convention relative to the Treatment of Prisoners of
War, Geneva, 12 August 1949.
• Resolution of the Cabinet of Ministers of Ukraine “On Approval of
the Procedure for the Detention of Prisoners of War”.
723
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
3.3. Research methods used
The following scientic methods were used in the article: methods of
analysis and synthesis in the study of the legislative framework for the
research, as well as evidence of violations of the law by representatives of
the armed forces of the aggressor state; statistical analysis to establish the
dynamics and structure of Ukraine’s appeals under Rule 39 of the Rules
of the European Court of Human Rights (2019), upheld and rejected in
2019, 2020 and 2021 by the respondent state; graphic methods for the
presentation and arrangement of research results; the abstract-logical
method was used to generalize information and draw research conclusions.
4. Results
4.1. Review of International and Ukrainian Legislation on the
Treatment of Prisoners of War
An individual is the highest social value in every developed democratic
state. Article 3 of the Constitution of Ukraine stipulates that “An individual,
his life and health, honour and dignity, inviolability and security shall be
recognised in Ukraine as the highest social value” (Constitution of Ukraine).
The same article denes the main duty of the state to arm and guarantee
human rights and freedoms.
Dierent political, economic and social crises create obstacles for the
adequate exercise of people’s rights and freedoms. This issue is especially
acute in the context of martial law. On February 24, 2022, Decree of the
President of Ukraine No. 64/2022 introduced martial law from 5:30 a.m.
of February 24, 2022 for a period of 30 days in connection with the military
aggression of the Russian Federation (RF) against Ukraine (Decree of
the President of Ukraine No. 64/2022 “On Introduction of Martial Law
in Ukraine”). It was based on the proposal of the National Security and
Defense Council of Ukraine.
The legal ground for the introduction of martial law is the Constitution
of Ukraine, the Law of Ukraine “On the Legal Regime of Martial Law” and
the Decree of the President of Ukraine “On the Introduction of Martial Law
in Ukraine or in Some of its Localities” approved by the Verkhovna Rada
of Ukraine (VRU) (Law of Ukraine “On the Legal Regime of Martial Law”).
Figure 1 represents the regulatory framework for the legal regime of martial
law.
724
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
Figure 1: The regulatory framework for the legal regime of martial law in
Ukraine.
According to Article 106(I)(20) of the Constitution of Ukraine, the
President of Ukraine “adopts a decision in accordance with the law on
the general or partial mobilisation and the introduction of martial law in
Ukraine or in its particular areas, in the event of a threat of aggression,
danger to the state independence of Ukraine” (Constitution of Ukraine). As
of the end of September 2022, martial law has been extended four times.
The last one — August 23, 2022 — extends martial law for 90 days.
The concept of martial law is dened by Article 1 of the Law of Ukraine
“On the Legal Regime of Martial Law”. This Law denes martial law as “a
special legal regime introduced in Ukraine or in some of its localities in the
event of armed aggression or a threat of attack [...]” and provides, among
other things, “temporary, threat-driven, restriction of constitutional human
rights and freedoms [...] with an indication of the period of validity of these
restrictions” (Law of Ukraine “On the Legal Regime of Martial Law”).
Article 6 of this Law establishes that the Decree of the President of
Ukraine “On the Introduction of Martial Law” provides an exhaustive list
of the constitutional rights and freedoms, which are temporarily limited in
connection with the introduction of martial law. According to it, paragraph
three of Decree of the President of Ukraine No. 64/2022 on the introduction
of martial law in Ukraine denes the following constitutional rights and
freedoms, which may be limited during martial law (Figure 2).
725
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
Figure 2: Articles of the Constitution of Ukraine that provide for the rights and
freedoms which may be limited during martial law.
726
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
As Figure 2 shows, the rights and freedoms that cannot be guaranteed
by the state during martial law due to objective need or certain threats
are limited. However, such important articles as, for example, Article 49:
“everyone has the right to health protection, medical care and medical
insurance”, are missing in the mentioned list.
In this context, guaranteeing the rights of Ukrainian citizens who have the
status of prisoners of war is of particular interest. Article 15(3) of the Law of
Ukraine “On the Legal Regime of Martial Law” states: “The prisoners of war
accommodated in camps for prisoners of war and precincts for the prisoners
of war are detained in accordance with the procedure determined by the
Cabinet of Ministers of Ukraine, in compliance with Ukraine’s international
obligations, in particular in the eld of international humanitarian law, and
the requirements of the legislation of Ukraine” (Law of Ukraine “On the
Legal Regime of Martial Law).
Mainly, the international norms that must be observed in the course of a
military confrontation are approved in the four Geneva Conventions (GCs)
of 12 August 1949. The provisions governing the treatment of prisoners of
war are prescribed in the Third Geneva Convention (GC III) relative to the
treatment of prisoners of war. According to Article 4 of this Convention,
prisoners of war include persons captured by the enemy and belonging to
one of the categories indicated in Figure 3.
Figure 3: Categories of persons who are prisoners of war according to Geneva
Convention relative to the Treatment of Prisoners of War (Geneva Convention
relative to the Treatment of Prisoners of War).
727
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
The right of prisoners of war to the medical care is approved by Article
15 of GC III, which reads as follows: “The Power detaining prisoners of war
shall be bound to provide free of charge for their maintenance and for the
medical attention required by their state of health.” (Geneva Convention
relative to the Treatment of Prisoners of War). Chapter III of GC III fully
explains the norms of hygiene and medical care that prisoners of war
should receive. It concerns the implementation of sanitary and preventive
measures, receiving the necessary medical care and proper nutrition, and
establishes the rules of medical examinations.
Ukrainian legislation also prescribes the conditions of detention of
prisoners of war. In particular, this is the Resolution of the Cabinet of
Ministers of Ukraine “On Approval of the Procedure for the Detention of
Prisoners of War”. It states that “timely medical care shall be provided to
wounded and sick prisoners of war” (Verkhovna Rada of Ukraine, 2022).
Therefore, we can conclude that international legislation guarantees
prisoners of war decent conditions of detention and provision of everything
necessary to preserve their health. However, modern realities regarding
the detention of Ukrainian prisoners of war testify to serious violations of
the said provisions by representatives of the aggressor state. Numerous
testimonies of gross violations of the provisions of GC III by part of the
Russian Federation are discussed in the next sub-section of the study.
4.2. Violation of the Rights of Prisoners of War as a Result
of the Military Aggression of the Russian Federation against
Ukraine
Numerous testimonies about the inhuman treatment of Ukrainian
citizens by the occupiers go beyond the crimes against civilians. They also
violate international laws and customs of war against prisoners of war, as
well as wounded and sick servicemen. Figure 4 shows the articles of GC III,
which were violated in relation to the treatment of prisoners of war, as the
Commissioner of the Verkhovna Rada of Ukraine states.
728
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
Figure 4: Articles of GC III, which were violated by the Russian Federation
in relation to the treatment of prisoners of war (Commissioner: The Russian
Federation Tortures Ukrainian Prisoners of War, 2022).
Along with others, Articles 29, 30 and 31, which are listed in Figure 4,
refer to Chapter III: Hygiene and Medical Attention of GC III. Article 29
governs the use of sanitary measures in the camps, Article 30 applies to
providing medical care, Article 31 prescribes rules for medical examinations
(Geneva Convention relative to the Treatment of Prisoners of War).
The Commissioner of the Verkhovna Rada of Ukraine provides
information received during a visit to a health care facility where servicemen
released from captivity by the occupiers were placed. The facts of torture and
ill-treatment of defenders of Ukraine by the occupiers were established in
the course of the conversation with the servicemen undergoing treatment.
Most of the prisoners were captured near Mariupol, at rst, they were kept
in the basements of commercial buildings.
Subsequently, they were transported under guard to the pre-trial
detention centre in Donetsk, and after that — to the pre-trial detention
centre in the territory of the Russian Federation. During transportation
under guard, a bag was put on the head of the captives, their eyes were tied
729
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
with tape, and their hands were tied. Ukrainians were subjected to torture
in captivity, they were beaten, humiliated, and threatened with death. One
of the prisoners was red from a machine gun above his head, and the other
was simulated execution by shooting in the head with blank cartridges.
Another captive was forced by the Chechens to sit for two hours with a
sack over his head next to a switched-on chainsaw, threatening to cut o
his ngers and hands. Medical care was not provided to prisoners of war,
including the wounded. The doctor examined them before the transfer to the
camp in Sevastopol, where medical care was provided by representatives of
the International Committee of the Red Cross (ombudsman.gov.ua, 2022).
There are facts of the killing of prisoners of war: in particular, one of the
prisoners of war captured near Mariupol on April 19-20, 2022. The man
was killed after brutal torture, and a photo of the body of the murdered man
was sent to his mother (ombudsman.gov.ua, 2022a).
The foregoing evidences that the occupiers do not observe international
laws and customs of warfare, grossly violate them despite international
agreements. This is why the development and introduction of a mechanism
for preventing and punishing such violations is an extremely acute and
relevant issue.
4.3. The Mechanism of Bringing War Criminals to Justice and
Guaranteeing the Exercise of the Rights of Prisoners of War,
including the Right to Medical Care
World War II gave an impetus to the revision of international
mechanisms of liability for military aggression, violations of the laws and
customs of war. Table 1 lists the institutions established to prevent and
prosecute military aggression and crimes.
Table 1. Institutions established for the prevention of military aggression and
their powers.
Initiative Year and reason Established
institution Powers of the institutions
UN
Charter 1945 – the end of World
War II General
Assembly,
Security
Council
Prevention of military
aggression and bringing
aggressor states to
political responsibility
International
Court of
Justice
Prosecution for violations
of international law and
crimes against peace
730
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
UN
Security
Council
The beginning of the
war in the former
Socialist Federal
Republic of Yugoslavia
(since 1991) and the
genocide in Rwanda
(1994)
Two special
international
tribunals
Investigation of war
crimes during the
relevant military conicts
Signing
of the
Rome
Statute
by 120
states
1998 — an increase
in the number of
crimes against
humanity, which
stimulated the desire
of the international
community to bring war
criminals to criminal
justice, not just to
political disapproval
International
Criminal
Court
headquartered
in the Hague
It is not the UN body,
and has the right to
initiate proceedings at
the UN Security Council’s
request, having the
status of an independent
international
organization. Conducts
investigations and trials
of individuals accused of
serious crimes against
humanity (genocide, war
crimes, etc.) on a global
scale
Source: (Fedorenko et al., 2022)
Ukraine has not ratied the Rome Statute, this is why Poland and
Germany, followed by more than 40 countries that signed the Statute,
appealed to the institution with a claim that the Russian Federation had
committed an act of military aggression on the territory of sovereign
Ukraine. The Ukrainian government also made a number of decisions in
relation to bringing the Russian Federation to justice.
In particular, the VRU adopted the Law “On Amendments to the Criminal
Procedure Code of Ukraine regarding Cooperation with the International
Criminal Court”. Ukraine appealed to the European Court of Human Rights
(ECtHR), but the Russian Federation does not recognize the decisions of this
institution on its territory. The President of Ukraine, Volodymyr Zelenskyi,
made a decision to establish a special justice mechanism in the country.
This mechanism implies the cooperation of national and international
specialists (investigators, prosecutors, judges) (Fedorenko et al., 2022).
However, the aggressor country does not recognize international and
universal humane rules, which causes more and more war crimes on the
territory of Ukraine. Unpunished crimes will entail new crimes, so it is very
important to develop and implement mechanisms of bringing war criminals
to justice. But it is necessary to nd ways to help Ukrainian servicemen as
soon as possible during the development of such mechanisms using available
methods. So, one of the most important tasks is to provide prisoners of war
with appropriate medical care.
731
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
On September 12, 2022, the Minister of Health of Ukraine announced
that the Ministry of Health of Ukraine continues to appeal to international
organizations. The purpose of the appeals is, rst of all, a request to check
how the right of citizens and prisoners of war to medical care is guaranteed
in the occupied territories. The Ministry of Health of Ukraine did not receive
any information about the guarantee of these rights, although appeals were
made to the Red Cross (RC), WHO and Doctors Without Borders (Ministry
of Health of Ukraine, 2022).
The Media Initiative for Human Rights reports that there was no
communication mechanism with the Russian Federation regarding the
release of prisoners of war and the provision of medical care to them in May
2022. In this regard, Lawyer M. Tarakhkalo called the ECHR one of the
mechanisms for the protection of prisoners of war. However, Ukraine can
submit complaints to the ECtHR only until September 16, 2022, because
the Russian Federation was excluded from the Council of Europe.
This Lawyer suggests using Rule 39 of the ECHR with regard to
prisoners of war (Media Initiative for Human Rights, 2022). Rule 39 of the
ECHR Rules provides for the application of temporary measures in cases
where there is a risk of causing unjustied and unavoidable damage to basic
human rights and freedoms (Futorianska, 2020). Figure 5 shows Ukraine’s
Rule 39 appeals upheld and rejected by the respondent state in 2019, 2020
and 2021.
Figure 5: Ukraine’s Appeals under Rule 39 upheld and rejected in 2019, 2020
and 2021 by the respondent state (built by the author according to (European
Court of Human Rights, 2019).
732
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
As Figure 5 shows, most of Ukraine’s appeals under Rule 39 of the
ECHR are either out of scope or rejected. Therefore, it can be assumed
that the application of this Rule does not fully solve the problem of helping
Ukrainian prisoners of war.
While there was no possibility of communication with the Russian
Federation regarding the release of prisoners of war in May, there was
an extremely important shift in this regard in September. On September
21, 2022, 215 Ukrainian soldiers returned from captivity as a result of the
exchange for V. Medvedchuk and 55 captured occupiers (LB.ua, 2022). As
O. Tolkachova, Head of the Azov Regiment Patronage Service, testied, the
state of Ukrainian soldiers was shocking.
The defenders of Ukraine were exhausted, many of them had contusions,
closed fractures and acute condition of chronic diseases (Korohodskyi,
2022). Lubinets D., Commissioner for Human Rights of the VRU,
reports that none of the Ukrainian soldiers in captivity saw the Red Cross
representatives, who undertook to check the condition of the prisoners
(Korohodskyi, 2022; Khobbi et al., 2022).
About two and a half thousand Ukrainians remain in the captivity of
the occupiers, they include civilians, and women (Korohodskyi, 2022b).
Some captured women are pregnant. The fact that Ukrainians continue to
be held captive by the occupiers causes great concern in view of the above-
mentioned facts regarding the treatment of Ukrainian prisoners of war.
Given the extremely limited access to medical care, as found in the article,
one of the most likely ways to help is exchange. At the end of September
2022, Ukraine was conducting negotiations with the Russian Federation
on the exchange of prisoners of war “all for all” (Perun, 2022). The release
of war criminals from punishment is the disadvantage of the exchange, but
this is the price of the return of Ukrainian prisoners of war (Hurin, 2022;
Svoboda et al., 2022).
5. Discussion
The conducted research testies that the Russian occupiers grossly
and regularly violate the laws and customs of war in relation to Ukrainian
prisoners of war. In addition to torture, cruel treatment, humiliation of
honour and dignity, the Russian servicemen do not provide captured
Ukrainians with access to medical care. This violates the norms of
international humanitarian law, in particular, those established in GC III.
Mechanisms for bringing criminals to justice, as well as mechanisms for
guaranteeing the rights of prisoners of war, are still imperfect in Ukraine
and are being developed.
733
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
However, the Ukrainian government continues to take steps to nd ways
to help Ukrainian prisoners of war. Such steps include the improvement of
the legislative framework, the organization of the cooperation of national
experts to create an appropriate mechanism of justice, etc. The September
21 exchange between Ukraine and the Russian Federation, when 215
Ukrainian defenders were released, was a signicant step in improving the
state of aairs with prisoners of war.
The article emphasized that many Ukrainians (about 2,500 people) are
still in Russian captivity. In view of the facts presented in the article, it is not
an exaggeration to assume that they may be subjected to cruel treatment
and not provided with the necessary medical care. Therefore, it is extremely
urgent to provide them with any help by all available means. This is why it
is appropriate to survey the works of Ukrainian and foreign researchers on
the treatment of prisoners of war and helping them during the war.
Fedorenko et al. (2022) notes that there have been almost no prohibitions
that have not been violated by the occupiers since the beginning of the
Russian invasion of Ukraine. Researchers state that unpunished crimes will
recur, so it is important to introduce a mechanism of punishment before
the end of the war. The researchers conducted a thorough literature review
on the development of international law in the military sphere at dierent
times and outlined current Ukrainian realities.
They drew a conclusion that modern international conventional and
institutional mechanisms for the protection of fundamental human rights
and freedoms are insuciently eective. They mentioned the following
improvement measures among others:
• rejection of the mechanism of consensual decision-making
(regarding the UN and its bodies);
• attention of world governments to Ukraine’s initiative to create a
special tribunal in order to recognize the guilt of the aggressor state
for violations in Ukraine;
• cooperation of Ukrainian and other experts from around the world
(General Prosecutor’s Oce, National Police of Ukraine, judicial
experts of dierent countries).
Fedorenko et al. (2022) outlined the actual mechanism of bringing
war criminals to justice. However, as the authors of the article mentioned,
sometimes it is necessary to give in to the need to punish war criminals,
which is the case with exchanging prisoners of war. The answer to whether
such a decision is correct should be considered from the perspective of
morality, not the academic approaches or legal provisions.
Kallberg (2022) also focuses on the growing number of war crimes
committed by the Russian servicemen. The researcher notes that cruelty
734
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
creates a vicious circle in which human suering increases. Russian threats
against future prisoners undermine respect for international humanitarian
law and are short-sighted. Such threats act against the Russians themselves,
because compliance with the customs and laws of war is in the interests of
each of the parties to the conict. Kallberg’s ndings support the results of
the analysis of the evidence presented in this article.
The majority of world researchers refer to GC III where the matter is
about the protection of prisoners of war from ill-treatment. Arman et al.
(2020) consider that GC III provides a strong framework for the protection
of prisoners of war. It states that prisoners should be treated humanely,
equally, with respect for their dignity, and discrimination is prohibited.
The researchers refer to Articles 34, 38 of GC II, which provide that
maintaining the health of prisoners of war and ensuring respect requires
attention not only to the physical well-being, but also to the mental well-
being of the prisoner. However, practice shows that the enshrinement of
these provisions does not save Ukrainian prisoners of war from torture and
other harm to physical and mental health.
Human (2018) reached the same pessimistic and topical conclusion.
The researcher states that no signicant changes have been made to the
Geneva Conventions for almost seventy years despite evolutionary changes.
An exception is the drawing up of Additional Protocols. However, the history
of the 20th and 21st centuries shows that prisoners of war are insuciently
protected in accordance with Article 3.
The author expresses the opinion that the “innate fallibility of mankind”
increases during war. This is the reason why no legal framework can ever
fully eliminate the inhumane treatment of prisoners of war during armed
conict. “History reveals this truth again and again, and it is no longer
possible to ignore it.” Human believes that it will take a lot of eort to
implement changes.
Chu (2019) studies the attitude of citizens towards committing illegal acts
against prisoners of war, in particular the use of torture. Reciprocity is the
key concept of the studies, which consists in determining one’s behaviour
by the behaviour of the other party. Researchers present two points of
view: on the one hand, this is the opinion of citizens who oppose the use
of torture. As the authors state in their work, citizens should understand
that their activity can contribute to the wider acceptance of legal norms.
However, their ability to legislatively restrict people from participating in
this kind of reciprocity is limited. That is, when one side of the conict uses
torture, the other may consider it fair to use torture in return.
On the other hand, some observers believe that the legal prohibition of
torture is ineective without the threat of reciprocity. It is obvious that the
occupiers on the territory of Ukraine are not afraid of legal punishment or
735
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
reciprocity, believing that it will not aect them. We can say that they are
using the status of Ukraine as a legal democratic state to their advantage.
It was noted in the study that aordable and urgent measures must
be taken, as providing prisoners of war with adequate medical care is
unattainable. Separate studies deal with the exchange of prisoners of war
between Ukraine and Russia. (Maletov 2022) notes that the problem is
unregulated negotiation procedure in Ukraine. The authority, competence
of negotiators, exchange process, principles of protection of the rights of
prisoners of war transferred during the exchange, are not dened.
Kuznetsov and Syiploki (2022) also point out that the process of returning
prisoners of war is excessively complicated. Researchers suggest increasing
the transparency of the exchange procedure, nalizing the legislative
framework, and dividing the exchange procedure into two separate ones.
Such procedures should concern the exchange of prisoners of war who did
not commit war crimes and those who did.
Finally, it should be noted that world researchers focus not only on
the physical, but also on the mental health of Ukrainian prisoners of war.
Liebrenz et al. (2022) reveal the range of mental needs of prisoners of
war, in particular, the authors note that being a prisoner of war can cause
post-traumatic stress disorder. This reveals another problem not outlined
in the article — ensuring and restoring the mental health of prisoners of
war. Along with the restoration of their physical condition, this problem is
extremely important and requires further scientic research and proposals.
Some researchers propose to take measures to preserve the mental
health of prisoners of war not only post factum, but also to prevent mental
injuries. Apalkov and Khmiliar (2022) emphasize the need to prepare the
servicemen for possible capture. The purpose of such training is survival
in captivity and subsequent readaptation of the serviceman in society after
captivity.
Many studies deal with the problem of psychological trauma caused by
the invasion. Yes, Leon et al. (2022) note that the deep scars of physical
injuries and psychological trauma will remain long after the end of the
war. The researchers mean not only the servicemen of Ukraine, but also
millions of Ukrainians. People living in areas of active hostilities, refugees
and internally displaced persons also suer severe injuries.
It can be concluded based on the foregoing that the situation with
prisoners of war’s access to medical care, as well as aid in general, is very
complicated. The occupiers do not comply with international provisions of
humanitarian law, and a constructive dialogue with the aggressor state is
not always possible. The last positive development was the agreement on
the exchange of prisoners of war.
736
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
Therefore, it is necessary to continue negotiations on further exchanges
of prisoners of war according to the “all for all” formula. The lives and health
of prisoners of war may depend on urgent decisions, but implementation
of legislative changes may take time. Besides, as practice shows, even
clearly prescribed legal provisions may not help to solve the problem of ill-
treatment of prisoners of war.
Conclusions
The Russia’s military aggression against Ukraine causes the destruction
of civil infrastructure, the suering and death of Ukrainian citizens, and the
occupation of the territories of a sovereign state. Besides, it is accompanied
by gross violations of international humanitarian provisions on both the
civilian population and servicemen of the Armed Forces of Ukraine. Such
violations include, among others, the failure to provide medical care to
servicemen of Ukraine captured by the occupiers. That is the reason why it
is urgent to nd ways to restore justice, in particular ways to guarantee the
exercise of the rights of prisoners of war.
The article analysed the legislative framework for the guaranteeing the
exercise of the right of prisoners of war to medical care. It was established
that such rights are clearly enshrined both in Ukrainian legislative acts and
in international ones (GC III). However, this does not prevent the Russian
occupiers from violating them.
The study documented numerous war crimes by Russian servicemen
against Ukrainian prisoners of war. The consideration of the ways of
guaranteeing the exercise of the right of prisoners of war to medical care
and the mechanisms of bringing war criminals to justice revealed that these
mechanisms are currently imperfect and dicult to apply. Therefore, the
exchange remains one of the possible options for helping prisoners of war,
but its procedure also requires improving and establishing communication
with the enemy.
The results of the study can be used to improve the legislative provisions
that govern guarantees for the exercise of the rights of prisoners of war.
Besides, the government can use the outlined ways of possible assistance
to prisoners of war in the development of further steps in this direction.
Directions for further research may be the development of improvements
to the negotiation procedure and exchange of prisoners of war.
737
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
Bibliographic References
APALKOV, Viktor; KHMILIAR, Oleh. 2022. “Psychology of a Military
Serviceman’s Life After Captivity” In: Habitus. Vol. 38, pp. 128-135.
ARMAN, Jemma; HENCKAERTS, Jean-Marie; HIEMSTRA, Heleen;
KROTIUK, Kvitoslava. 2020. “The updated ICRC Commentary on the
Third Geneva Convention: A new tool to protect prisoners of war in the
twenty-rst century” In: International Review of the Red Cross. Vol. 102,
No. 913, pp. 389-416.
CHU, Jonathan A. 2019. “A clash of norms? How reciprocity and international
humanitarian law aect American opinion on the treatment of POWs”
In: Journal of conict resolution. Vol. 63, No. 5, pp. 1140-1164.
EUROPEAN COURT OF HUMAN RIGHTS. 2019. Rule 39 requests granted
and refused in 2017, 2018 and 2019 by respondent State. European Court
of Human Rights. Available online. In: https://echr.coe.int/Documents/
Stats_art_39_01_ENG.pdf. Consultation date: 12/07/2021.
FEDORENKO, Vladyslav; YUKHYMIUK, Olha; ADLER, Oleksandr. 2022.
“Violation of fundamental human rights as a result of the military
aggression of the Russian Federation against Ukraine in 2022 and the
mechanisms of bringing war criminals to legal responsibility” In: Expert:
paradigms of legal sciences and public administration. Vol. 2, No. 20, pp.
32-59.
FUTORIANSKA, Kateryna. 2020. “Rule 39 of the Rules of the European Court of
Human Rights in Cases with Ukrainian Involvement.” In: Legal scientic
electronic journal, Vol. 5, pp. 220-223. Available online. In: https://doi.
org/10.32782/2524-0374/2020-5/53. Consultation date: 12/05/2022.
HUFFMAN, Stephen P. 2018. “International Humanitarian Law in 21st
Century Conict: A Historical Examination of the Third Geneva
Convention Relative to the Treatment of Prisoners of War (1949), and its
Applicability in Future War. Army Command and General Sta College
Fort Leavenworth KS. Available online. In: https://apps.dtic.mil/sti/
citations/AD1084349. Consultation date: 12/05/2022.
HURIN, Anastasia. 2022. “If the priority is to return each of our heroes, then
we will have to give in to the punishment of war criminals - the deputy
minister of justice.” ZN.UA. Available online. In: https://zn.ua/ukr/
UKRAINE/v-ministerstvi-justitsiji-pojasnili-jak-sudovi-protsesi-nad-
rosijskimi-vijskovopolonenimi-vplivajut-na-obmin.html. Consultation
date: 12/05/2022.
738
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
KALLBERG, Jan. 2022. “A Troubling Silence on Prisoners of War.” In: Center
for European Policy Analysis (Washington, DC). Available online. In:
https://cepa.org/article/a-troubling-silence-on-prisoners-of-war.
Consultation date: 10/08/2022.
KHOBBI, Yuliya; STOROZHUK, Iryna; SVOBODA, Ivo; KUZMENKO, Serhii;
TYMCHYSHYN, Andriy. 2022. “Reforming Techniques to Combat
Organized Crime in the Context in View of Securing Human Rights and
Freedoms” In: Cuestiones Políticas. Vol. 40, No.73, pp. 192-214.
KOROHODSKYI, YURII. 2022. None of the Ukrainian prisoners saw
representatives of the Red Cross, - Lubinets. LB.ua. Available online.
In: https://lb.ua/society/2022/09/24/530452_zhoden_z_ukrainskih_
polonenih.html. Consultation date: 10/08/2022.
KOROHODSKYI, YURII. 2022a. The condition of our discharged soldiers
is shocking, - Azov patronage service. Available online. In: https://
lb.ua/society/2022/09/24/530468_stan_zvilnenih_viyskovih.html.
Consultation date: 03/08/2022.
KOROHODSKYI, YURII. 2022b. About 2,500 Ukrainians are still held captive
by the occupiers, - Vereshchuk. Available online. In: https://lb.ua/
society/2022/09/25/530547_poloni_okupantiv_shche_blizko_25_tis.
html. Consultation date: 03/08/2022.
KUZNETSOV, Vitaliy; SYIPLOKI, Mykola. 2022. “Prospects of Criminal
Legal Support for the Exchange of Prisoners of War” In: Legal scientic
electronic journal. Vol. 6, pp. 185-188.
LB.ua. 2022. Stronger than steel. 188 defenders of Azovstal have been released
from captivity, the operation is ongoing. Available online. In: https://
lb.ua/society/2022/09/22/530261_mitsnishi_stal_188_zahisnikiv.
html. Consultation date: 22/09/2022.
LEON, David; JDANOV, Dmitri; GERRY, Christopher; GRIGORIEV, Pavel;
JASILIONISEF, Domantas; MCKEE, Martin; FRANCE, Meslé; PENINA,
Olga; TWIGG, Judyth; VALLIN, Jacques; VÅGERÖ, Denny. 2022. “The
Russian invasion of Ukraine and its public health consequences” In: The
Lancet Regional Health-Europe. Vol. 15, pp. 1-2.
LIEBRENZ, Michael; BHUGRA, Dinesh; BUADZE, Anna; SCHLEIFER,
Roman; SMITH, Alexander; VAN VOREN, Robert. 2022. “Mental health
and welfare of prisoners of war and people living in detention in the
Ukrainian conict.” In: The Lancet Psychiatry. Vol. 9, No. 5, pp. 344-345.
MALETOV, Dmytro. 2022. “The exchange of prisoners of war as a basis for
release from serving a sentence”. In: Harmonization of the legislation
739
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 717-740
of Ukraine with the law of the European Union, pp. 151-154. Available
online. In: https://pravo.khmnu.edu.ua/wp-content/uploads/sites/26/
zbirnyk_2022.pdf#page=152. Consultation date: 10/08/2022.
MEDIA INITIATIVE FOR HUMAN RIGHTS. 2022. In inhuman conditions
without a relief mechanism: how to protect the rights of soldiers in
captivity. Available online. In: https://mipl.org.ua/u-nelyudskix-
umovax-bez-mexanizmu-dopomogi-yak-zaxistiti-prava-vijskovix-u-
poloni/. Consultation date: 10/08/2022.
MERNYK, Anastasiia. 2022. Violation of the laws and customs of war by the
armed forces of the Russian Federation in Kharkiv during the Russian-
Ukrainian war region in February-March 2022 (historical aspect).
Publishing House “Baltija Publishing”. Available inline. In: https://doi.
org/10.30525/978-9934-26-223-4-152. Consultation date: 10/08/2022.
MINISTRY OF HEALTH OF UKRAINE. 2022. The Ministry of Health
continues cooperation with the international organization “Doctors
Without Borders”, Viktor Lyashko. Available online. In: https://www.
kmu.gov.ua/news/moz-prodovzhuie-spivpratsiu-z-mizhnarodnoiu-
orhanizatsiieiu-likari-bez-kordoniv-viktor-liashko. Consultation date:
20/08/2022.
OMBUDSMAN.GOV.UA. 2022. Authorized: The Russian Federation is
torturing Ukrainian prisoners of war. Available online. In: https://
ombudsman.gov.ua/news_details/upovnovazhenij-rosijska-federaciya-
katuye-ukrayinskih-vijskovopolonenih. Consultation date: 20/08/2022.
OMBUDSMAN.GOV.UA. 2022. Statement of the Commissioner for Human
Rights of the Verkhovna Rada of Ukraine regarding the torture and killing
of Ukrainian prisoners of war. Available online. In: https://ombudsman.
gov.ua/news_details/zayava-upovnovazhenogo-verhovnoyi-radi-
ukrayini-z-prav-lyudini-shchodo-katuvan-ta-vbivstva-ukrayinskih-
vijskovopolonenih. Consultation date: 20/08/2022.
PERUN, Vira. 2022. Ukraine is negotiating with the Russian Federation on the
exchange of prisoners according to the formula “all for all”, - Budanov.
LB.ua. Available online. In: https://lb.ua/society/2022/09/28/530887_
ukraina_vede_peregovori_z_rf_pro_obmin.html. Consultation date:
20/08/2022.
PRESIDENT OF UKRAINE. 1996. Constitution of Ukraine. Available online. In:
https://www.president.gov.ua/documents/constitution. Consultation
date: 10/05/2022.
740
Mykhailo Puzyrov, Yana Krupko, Oleksandr Mytska, Olexii Yermak y Anton Sikun
Guaranteeing the Exercise of the Right to Medical Care of Prisoners of War in the Context of
International Protection
SHCHYHELSKA, Halyna; PERETS, Nadia. 2022. “Russian War Crimes
Against Civilians in the Kyiv Region” In: Collection of theses of the
International Scientic Conference “Military conicts and man-made
disasters: historical and psychological consequences.” Available online.
In: http://elartu.tntu.edu.ua/bitstream/lib/37887/2/MCTD_2022_
Shchyhelska_H-Russian_war_crimes_against_67-69.pdf. Consultation
date: 10/08/2022
SVOBODA, Ivo; EPEL, Oksana; SULEIMANOVA, Susanna; IEVENKO, Dmytro;
KOVALOVA, Olha. 2022. “The role of the international institutions in
the protection of human rights and freedoms in the sphere of national
security.” In: Cuestiones Políticas. Vol. 40, No.74, pp. 565-584.
VERKHOVNA RADA OF UKRAINE. 1949. Geneva Convention on the
Treatment of Prisoners of War. Available online. In: https://zakon.rada.
gov.ua/laws/show/995_153#Text. Consultation date: 12/05/2022.
VERKHOVNA RADA OF UKRAINE. 2015. On the legal regime of the martial
law. Available online. In: https://zakon.rada.gov.ua/laws/show/389-
19#Text. Consultation date: 12/05/2022.
VERKHOVNA RADA OF UKRAINE. 2022. On the approval of the Procedure
for keeping prisoners of war. Available online. In: https://zakon.rada.
gov.ua/laws/show/413-2022-%D0%BF#Text. Consultation date:
12/05/2022.
VERKHOVNA RADA OF UKRAINE. 2022a. On the imposition of martial
law in Ukraine. Available online. In: https://zakon.rada.gov.ua/laws/
show/64/2022#n2. Consultation date: 12/05/2022.
YAKOVLIEV, Vitalii. 2022. “Nazi war crimes in Kharkiv region (1941–1943):
according to the materials of the Extraordinary State Commission” In:
Chronicle of Volyn. All-Ukrainian scientic journal. Vol. 26, pp. 178-185.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en diciembre de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 75
