ISSUES OF CRIMINAL-LEGAL PROTECTION OF COMBATANTS’S LIFE, OR HOW TO OVERCOME THE EFFECTS OF HUMANITARIAN WAR «LAUNDERING»

Abstract

The article is devoted to the study of the problems of criminal and legal protection of the lives of combatants. On the basis of the characteristics of the human right to life and the provisions of international humanitarian law, the conditions for the legality of taking the life of combatants, as well as the sources of illegality, the criminal-legal qualification of the relevant acts have been determined. It has been proven that every fact of conventionally causing the death of a serviceman of the Armed Forces of Ukraine, as well as other categories of combatants on the side of Ukraine, is a manifestation and consequence of waging an aggressive war, and must be qualified under Art. 437 of the Criminal Code of Ukraine.