PROBLEMS OF THE LEGAL STATUS OF NON-COMBATANTS AND STATE RESPONSIBILITY FOR THEIR PARTICIPATION IN ARMED CONFLICTS

Abstract

The article examines problematic aspects of the legal status of non-combatants in international and non-international armed conflicts, as well as issues of international legal responsibility of states for their participation in hostilities. The normative regulation of the status of non-combatants in international humanitarian law is analyzed, primarily through the provisions of the Geneva Conventions and the Additional Protocols thereto. It is established that under contemporary conditions of hybrid and asymmetric warfare, there is a significant blurring of the boundaries between different categories of non-combatants, whose legal status is either insufficiently regulated or not regulated at all at the legislative level. This complicates law enforcement and creates risks of abuse by states that are parties to armed conflicts. Particular attention is paid to specific groups of non-combatants, especially individuals indirectly involved in armed conflicts, including through the activities of private military and security companies and mercenaries. The article clarifies approaches to determining the international responsibility of states for the actions of non-combatants, particularly in cases of their recruitment, financing, training, or use to achieve military and political objectives. It is emphasized that a state’s formal denial of control over such persons does not necessarily exempt it from responsibility if there are indications of factual or other forms of control. Issues related to the attribution of acts of non-combatants to states and standards of proof applied by international judicial bodies in cases concerning violations of international humanitarian law are examined. The necessity of further codification of norms governing the status of non-combatants, improvement of international monitoring mechanisms, and strengthening the protection of the civilian population in armed conflicts is emphasized. Directions for improving international legal regulation aimed at ensuring a balance between military necessity and humanitarian principles are proposed.