| Abstract [eng] |
The Law of armed conflict is based upon balance of military necessity and humanitarian values. The foundation of this law is the principle of distinction, that is a principle of customary law and ensures a difference between legal military targets and people that must be protected from direct attacks. Due to the rise of involvement of civilians, enforcing the principle of distinction has become more difficult, yet it is essential to determine the status of armed conflict parties to ensure effective application of humanitarian law. The principle of distinction depends on how we qualify the conflict at hand. International humanitarian law defines two types of armed conflict: international and non-international armed conflict. In the context of Ukraine, there exists both of these conflicts in parallel to one another, which causes additional problems in applying the principle of distinction. Volunteer battalions in Ukraine do not fit into the traiditonal definition of armed conflict parties, however their contribution to the conflict is extremely valuable. This thesis is meant to uncover underlying problems of international humanitarian law by examining the rights of volunteers and legal acts that regulate them in the context of distinction. By analysing scientific research as well as sources of law, conclusions were reached that not integrating the volunteers into regular armed forces of Ukraine creates a double status problem, which undermines the goals of humanitarian law by aggravating the application of the principle of distinction. Therefore, Ukraine must be held responsible for setting the legal status of volunteers, fighting alongside the armed forces,and ensuring compliance with international obligations. |
