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Article`s title

The Emergence of a Ban on Using Mobility Restrictions for Prisoners of War in Russia and Western Countries (Mid 17th-18th Centuries)

Authors

V. Poznakhirev 1

Volume

2 (2023)

Keywords

military honor, shackles, fetters, offense, S. Pufendorf, binding.

Abstract

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: 10.17277/pravo.2023.02.pp.142-156

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DOI:

https://doi.org/10.17277/pravo.2023.02.pp.142-156

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142-156

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