Fedyk L. Legal status and situation of prisoners of war during the ІІ World War

DOI: https://doi.org/10.33098/2078-6670.2025.19.31.124-132

Objective. The study aims to identify external and internal factors influencing the legal status of prisoners of war during the Second World War. Methods. To achieve this goal, an interdisciplinary approach was used, which consisted in studying the status of prisoners of war in the historical context. The following methods of scientific knowledge were used in the study: comparative, which allowed to compare the situation of British, Japanese and German prisoners of war; application of the historical and legal method made it possible to follow the changes in the legal status of prisoners of war of different countries at different stages of the war; use of a of a systematic approach, together with the methods of analysis and synthesis, allowed to identify a set of factors that influenced the status of prisoners of war. Results. The study has determined that the legal status of prisoners of war during World War II was regulated by the Geneva Conventions. These international documents established the rules and standards for the protection of prisoners of war during armed conflicts, as well as the responsibilities of the Powers that held them. Scientific novelty. The article shows that the status of a prisoner of war was influenced by ideological and utilitarian factors. The ideological approach to a prisoner of war was based on the perception of the latter not only as a military enemy, but also as an ideological enemy, turning him into an object of violence and ill-treatment. Utilitarian factors depended on the stage of the war, the number of prisoners, and the economic potential of the country that held the prisoners of war. Although the belligerents generally tried to comply with the terms of the Geneva Convention, there were numerous violations of the Convention, which resulted in harm to the health or death of a prisoner of war. Practical significance. The theoretical provisions of the study can be used: in research work – to deepen scientific knowledge and create the necessary theoretical framework for the international legal regime of prisoners of war; in scientific and educational activities – for the preparation and improvement of educational and methodological textbooks, when teaching in higher education institutions such normative disciplines and special courses as “Public International Law”, “International Humanitarian Law”.

Key words: prisoner of war, Geneva Convention, Germany, captivity, violation of rights, legal status.

References

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