ARTICLE
The Status of ‘Little Green Men’ in the Armed Conflict in Ukraine
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Uniwersytet Mikołaja Kopernika w Toruniu
Publication date: 2016-03-31
Stosunki Międzynarodowe – International Relations 2016;52(1):133-151
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ABSTRACT
The article examines the question of the status of ‘little green men’ – Russian soldiers
involved in the armed conflict in Ukraine. After the presentation of the facts, the
author examines the applicable law and tries to answer the question about the nature
of the armed conflict in Ukraine and the status of those taking active part in it. The
thesis of the article is the claim that the events in Crimea constitute an occupation
and, consequently, international humanitarian law applicable to international armed
conflicts applies in this case. In contrast, the armed conflict in eastern Ukraine is
at least a non-international armed conflict, to which the common Article 3 and the
Additional Protocol II and relevant norms of customary law apply. In situations of
doubt as to the nature of an armed conflict, such a conflict should be regarded as
an international one and thus the individuals participating in armed conflict, those
not participating and those that ceased to participate should be granted prisoner of
war status and consequently greater protection resulting from the application of
the law of international armed conflicts.