The two Britons who fought in the ranks of Ukraine and the Moroccan are protected by the Geneva agreement, but it is useless to rely on the realization of rights, says a professor of international law.
Sakari Nuuttila,
Anne Orjala
Russia has expressed support for the death sentences handed down on Thursday to two Britons and one Moroccan who fought in the ranks of Ukraine in the so-called “People’s Republic” of Donetsk.
Foreign minister Sergei Lavrov said the convicts had committed war crimes in an area ruled by Russian-backed and maintained separatists since 2014.
– The trials have been conducted in accordance with the laws of the Donetsk People’s Republic because the crimes took place in its territory, the news agency Reuters said at a news conference.
The world’s largest human rights organization, Amnesty International, among others, has unequivocally praised the court’s work.
– The trial was not fair and did not comply with the laws of war and the punishment is inhumane, says the Executive Director of Amnesty Finland Frank Johansson Ylelle.
According to him, the questionable trial and death sentences further erode confidence in the Russian judiciary. Amnesty notes in your international newsletter (you switch to another service)that sentencing prisoners of war without a fair trial is in itself a war crime.
– Throughout the war, we have documented the war crimes committed by Russian forces and how they completely recklessly violate the rules in force, Johansson says.
According to him, it is likely that more convictions of the same style for prisoners of war fighting in the Ukrainian forces are known.
– It is to be hoped that other countries will find ways to ensure that judgments are not enforced. You can be released from captivity, but the execution is irreversible, Johansson says.
Professor: “Political Screening”
Convicts in Donetsk have served in Ukraine’s armed forces even before the war broke out.
From the point of view of international agreements, it makes no difference whether a soldier fighting in the ranks of the national armed forces is, for example, a foreign fighter, a mercenary or a conscript, says Professor Emeritus of International Law Martti Koskenniemi.
– A person integrated into the Defense Forces receives the rights recognized by the Geneva Conventions for a soldier and in this case a prisoner of war, Koskenniemi says.
According to Koskenniemi, a soldier guilty of war crimes can be legally tried in court, as has been done for Russian soldiers in Ukraine.
However, British and Moroccan prisoners of war were convicted of serving as mercenaries and for attempting a coup in Donetsk.
– This is a political show trial designed to show the superiority of the Russians and the fact that they can do anything, regardless of international law and treaties.
Koskenniemi points out that Russia has still not said that it is at war in Ukraine, but is still talking about a “special military operation”. Thus, it can argue that the rules of war crimes proceedings do not apply in court proceedings.
– Russia is not a state governed by the rule of law. There is no reason to think that foreign fighters will enjoy the protection that the rule of law should provide.
Expert: Message to the UK and a sample of brutality
Assistant Professor of International Relations and Russian Foreign Policy Rinna Kullaa The University of Tampere estimates that the death sentences handed down in the separatist region of eastern Ukraine are a message from Russia to Britain.
Britain has published daily intelligence reports on Russia’s invasion of Ukraine, which he said is a rarely used practice.
– Death sentences can be another public act by which Russia can respond to Britain, that it too can start committing unpredictable acts that seem to be from the battlefield to Britain.
Gold estimates that Russia also wants to show the brutality of the war to the international community. He points out that the war in Georgia and the conquest of Crimea were already bloody.
In Ukraine, Russia has shown its treatment by the cruel treatment of civilians.
Gold therefore considers it possible that death sentences will also be carried out and will not remain mere pressure or intimidation.
According to Kulla, the case may also be a way for Russia to distort Ukraine’s war into an international conflict with a number of Western countries against it.
Death sentences may also want to issue a warning to foreign soldiers, but Gold does not see it as the main message of the sentences.
Britain may have opportunities in the negotiations
Britain has expressed its deep concern over the convictions of British soldiers and stated that prisoners of war should not be used for political purposes.
British Foreign Secretary Liz Trussin there is no justification for the judgments.
Gold estimates that Britain may have some chance in possible negotiations on the fate of the prisoners.
This is because Russia has traditionally respected Britain, which has significant armed forces and significant European power, as a negotiating partner.
– Britain is probably in a better position than many other countries in a similar situation, he says.
Gold believes that the fate of prisoners is being debated between countries in public rather than secretly, as Britain has already chosen intelligence reports to publish this line.
He estimates that the case will further strain relations between Russia and Britain.
– British Foreign Secretary Liz Truss has been one of the most demanding foreign ministers in Europe to respond to Russia’s actions.