ETHICAL AND PROCEDURAL ASPECTS OF DEFENSE ATTORNEY ACTIVITIES IN CASES INVOLVING PRISONERS OF WAR AMIDST ARMED AGGRESSION

Abstract

Introduction. The article provides a comprehensive study of the legal status of defense attorneys and the deontological boundaries of their professional activities when representing prisoners of war (POWs) from the aggressor state during full-scale armed aggression. The relevance of this topic is driven by the unprecedented challenges facing the Ukrainian justice system, where the necessity of upholding international obligations under international humanitarian law and human rights standards meets a profound public demand for retribution. The role of the defense attorney in such proceedings is examined not merely as a procedural function but as a safeguard against the degradation of justice into "victor's justice."

Summary of the research results. The study analyzes in detail the provisions of Article 13 of the Third Geneva Convention, which mandates humane treatment and protection of prisoners from "public curiosity," defining the lawyer's role in ensuring these guarantees. Particular attention is paid to the complex ethical dilemmas faced by attorneys, including intense media and social pressure, internal conflicts of interest, and the risk of unlawful identification of the lawyer with the combatant client. Through the lens of European Court of Human Rights (ECHR) case law, specifically the cases of Artico v. Italy, Salduz v. Turkey, and Hassan v. the United Kingdom, the article reveals the criteria for "effective" legal assistance during martial law. The research methodology includes a comparative analysis of NATO military justice models, specifically the functioning of the US JAG Corps and the UK experience in integrating civilian practitioners into the military court service.

Conclusions. It is argued that the institutional independence of the legal profession and strict adherence to deontological standards are essential for the international legitimacy of Ukrainian court verdicts. The author substantiates the need to implement a narrow specialization and a system of voluntary certification for lawyers in the fields of military law and international humanitarian law (IHL) in Ukraine. Such specialization will enhance the quality of defense in war crimes cases and ensure that national legal practices align with Euro-Atlantic integration standards.