Publication date: 05.06.2024
Lawyer
Legal status and protection of the rights of the local population in the temporarily occupied territories
The issue of the legal status and protection of the rights of the local population in the temporarily occupied territories is extremely relevant in the conditions of the ongoing armed conflict. Consultation of a lawyer and analysis of the relevant documents allow us to draw a legal conclusion regarding the guarantees of the rights and freedoms of the civilian population in such regions.
According to the norms of international humanitarian law, in particular the Geneva Conventions and their Additional Protocols, the occupied territories are subject to the regime of occupation, which provides for certain obligations of the occupying state to ensure the rights and freedoms of the local population.
In particular, the occupying state is obliged to respect the life, dignity, rights and customs of the local population, to ensure public order and security, and to the extent possible to create conditions for a normal way of life. The lawyer's legal opinion may relate to various aspects of the implementation of these norms in practice.
An important principle is the prohibition of deportation or transfer of the local population from the occupied territory, except when their safety or imperative military considerations require it. However, as evidenced by numerous facts, this norm is grossly violated in the temporarily occupied territories of Ukraine.
According to international humanitarian law, the local population has the right to receive humanitarian aid, which must be freely allowed into the occupied territory. At the same time, the occupying state is responsible for ensuring proper conditions for the normal functioning of medical institutions, schools and other civilian facilities.
Legal analysis of documents documenting violations of the rights of the civilian population in the occupied territories can become the basis for bringing the perpetrators to justice both at the national and international levels.
A separate issue is the protection of the rights of internally displaced persons who were forced to leave their homes in the occupied territories. National legislation, in particular the Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons", guarantees them certain social and economic rights, but in practice, the implementation of these norms often faces difficulties.
Consulting a lawyer can help internally displaced persons defend their rights, in particular in matters of obtaining registration, access to social benefits, employment and education. A lawyer's legal opinion can become a basis for protecting violated rights in court.
It is worth noting that, in addition to international humanitarian law, the norms of international human rights law, which guarantee basic rights and freedoms regardless of the circumstances, are aimed at protecting the rights of the local population in the temporarily occupied territories.
To sum up, a comprehensive legal analysis of documents and the consultation of a lawyer are extremely important for the protection of the rights of the local population in the temporarily occupied territories. The lawyer's legal opinion can become the basis for taking appropriate measures both at the national and international level.
