STATEMENT OF RUSSIAN FEDERATION FSB OFFICIALS THAT DETAINED UKRAINIAN SAILORS HAVE NO OF PRISONERS OF WAR STATUS IS A DILIBERATE MANIPULATION
10.12.2018 | 19:50
An armed attack of the Federal Security Service of Russian Federation on Ukrainian servicemen is a violation of the UN Charter, as it provides for only two cases of lawful use of force - in the case when the state uses it for self-defense or force is used by the decision of the UN Security Council.
The use of force by one state (RF) against another (Ukraine) is an international armed conflict in accordance with article 2 common to all four Geneva Conventions of 1949, including the third - the Convention relative to the Treatment of Prisoners of War.
This article states that international humanitarian law (IHL) applies in all cases of armed conflict between States, regardless of whether there was a formal declaration of war, and also if the state of war is not recognized by one of these states.
This was the main reason of using such a concept in the Geneva Conventions, in order for IHL to be applied in the future regardless of behavior of States trying to avoid compliance with the rules of war, denying its existence.
Consequently, in accordance with the provisions of the Geneva Convention relative to the Treatment of Prisoners of War, Ukrainian sailors have a status of prisoners of war.
Thus, the representatives of FSB of Russian Federation are trying to manipulate public consciousness wishing to avoid responsibility for violating IHL norms.
We draw attention of FSB representatives to Duško Tadić case considered by the International Criminal Tribunal for the Former Yugoslavia which states that an armed conflict exists in all cases when armed force is applied between the states. It should be remembered that the responsibility for violation of IHL is not limited in time and territorially.
MTOT further emphasizes that Russian Federation violated IHL norms with regard to Ukrainian sailors. According to the Geneva Convention relative to the Treatment of Prisoners of War Ukrainian sailors cannot be convicted and bear criminal responsibility under Russian legislation.