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What Legal Nightmare Awaits Them in Russia?

by Marko Florentino
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Russian President Vladimir Putin has warned that captured foreign mercenaries in the country’s Kursk region will not be treated as prisoners of war. Article 47 of the Protocol I Additional to the Geneva Conventions denies mercenaries combatant or POW status.

cannot be guaranteed humane and fair treatment by their captors;
are not protected from torture or inhumane treatment;
can and will be prosecuted for taking part in hostilities, since they are not regarded as lawful combatants;
are not entitled to adequate food, shelter, clothing and access to medical care while in captivity;
are not guaranteed contact and communication with the outside world and are not protected from physical or mental coercion.

Instead, mercenaries taken prisoner by Russian forces can look forward to the following:

Under Russian law, a mercenary caught participating in an armed conflict or in military activities faces a prison term of up to 15 years (article 359 of the Russian Criminal Code).
A mercenary’s jail sentence could be lengthened even further, depending on the nature of the crimes he or she committed.

Putin also mentioned that Ukrainian soldiers taken prisoners in the Kursk region will be regarded as terrorists.

Under article 205 of the Criminal Code, perpetrating a terrorist act is punishable by lengthy jail sentences, from 12-20 years to life.





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