Analytical note on comparative legislation on the legal regulation of the application of combat immunity

Abstract. The analytical note examines the issue of legal regulation and the specifics of the application of the concept of "combat immunity" in some countries: the USA, Canada, Great Britain, France, Croatia. Separate acts of national legislation and court decisions devoted to this topic are analysed. The need for legislative improvement of the mechanism of legal protection of military personnel, ensuring a fair balance between criminal, civil liability and combat immunity in the conditions of the legal regime of martial law is identified.

Key words: combat immunity, doctrine of combat immunity, military personnel, military leadership, criminal liability, civil liability, punishment, exemption from liability, violation of the laws and customs of war, defense, combat situation.

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02/2025