The Emergence of a Ban on Using Mobility Restrictions
for Prisoners of War in Russia and Western Countries
(Mid 17th-18th Centuries)
, S. Pufendorf
Issues related to the use of mobility restrictions on prisoners of war in early
modern times have never attracted the attention of either domestic or
foreign lawyers. Meanwhile, their consideration could contribute to
a deeper reconstruction of the processes of evolution of military and
international humanitarian law.
The purpose of this study is to partially fill the designated historiographical gap.
In the course of the work, it was established that in the first half of the
17th – 18th centuries in most European states, an imperative norm of
customary international law and military ethics was formed and
established, providing for a ban on the imprisonment of prisoners in chains.
The main historical prerequisites for the origin and formation of this
prohibition are revealed. It is proved that the norm in question was formed
as a result of the recognition of an enemy soldier as a bearer of military
honor, and its main purpose was to prevent the identification of a prisoner
of war with a criminal. It was emphasized that in Russia, the ban on the
use of mobility restrictions on prisoners was developed in line with the main an-European trends and in close connection with the modernization of the country and its armed forces.
How to Cite this article
Познахирев В. В. Становление запрета на применение к военнопленным средств ограничения подвижности в России и западных странах (середина XVII – XVIII вв.) //
Право: история и современность. 2023. Т. 7, № 2. С. 142 – 156. doi: