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Complex BattlespacesThe Law of Armed Conflict and the Dynamics of Modern Warfare$
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Winston S. Williams and Christopher M. Ford

Print publication date: 2019

Print ISBN-13: 9780190915360

Published to Oxford Scholarship Online: December 2018

DOI: 10.1093/oso/9780190915360.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 December 2021

Hybrid Conflict and Prisoners of War

Hybrid Conflict and Prisoners of War

The Case of Ukraine

(p.191) 7 Hybrid Conflict and Prisoners of War
Complex Battlespaces

Jeffrey Kahn

Oxford University Press

The conflicts in eastern Ukraine and Crimea are not the first time sovereign States have clashed under murky and confused circumstances. The law governing international armed conflict, i.e. the law regulating war between States, has long recognized this fact; the threshold to trigger it is a very low one, and it applies “even if the state of war is not recognized by one of them.” Nevertheless, some perceive Ukraine as a case of “hybrid war” for which the old rules are ill-fitting at best, and no longer capable of regulation or restraint. What happens to international humanitarian law (IHL) when, according to Russian General Valériy Gerasimov, the hybrid nature of recent conflicts produces a “tendency to erase differences between the states of war and peace?” This chapter argues that there are in fact two distinct armed conflicts ongoing in eastern Ukraine. First, there is an ongoing but unacknowledged international armed conflict (IAC) in eastern Ukraine between Ukraine and Russia. Second, there is also fighting sufficiently intense and involving sufficiently organized non-State actors to be considered a non-international armed conflict (NIAC) between the Ukrainian State and rebel forces in Donetsk and Luhansk. Adding another layer of complexity, at certain times and places, it may be that this NIAC might have transformed into an IAC because of Russia’s overall control of these non-State actors.

Keywords:   hybrid warfare, international law, law of armed conflict, Third Geneva Convention, prisoners of war, combatant, combatant immunity, non-State actor, international armed conflict, non-international armed conflict

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