This research examines the phenomenon of Ukrainian residents who are not
members of the Armed Forces but have taken up arms and the involvement of
Ukrainian residents in the Russian-Ukrainian war. This study aims to examine the
implications of such participation and their rights under IHL. The research employs
a normative legal methodology with a deductive approach, analyzing focusing on
international treaties such as the Hague Convention of 1907, the Geneva
Conventions of 1949, and Additional Protocol I of 1977. The findings suggest that
non-military inhabitants meet the requirements set out in the 1949 Geneva
Convention III and Additional Protocol I, such as openly bearing arms, and obeying
the laws of war, then they can be considered part of the levée en masse and when
caught by the enemy, they are prisoners of war. These findings are expected to
provide an understanding for the government and the Ukrainian population in
understanding humanitarian law in order to know their status and rights during a conflict.