What will happen to the soldiers in enemy hands in the conflict in Ukraine? Human rights defenders and experts say these fighters, whether Russian or Ukrainian, are protected by the Geneva Conventions on prisoners of war.

But Russia considers the fighters of the Azov regiment, an ultranationalist Ukrainian contingent that the Kremlin classifies as “neo-Nazi”, as “terrorists” and plans to try them as criminals rather than prisoners of war.

As for Ukraine, several NGOs have criticized the publication of videos of regrettable Russian fighters.

How many?

As with any overlap, data is often partial or difficult to verify independently. The number of prisoners of war is no exception.

Regarding Mariupol, Russian Defense Minister Sergei Shoigu reported that there were “3,826 prisoners”, including “2,439 Ukrainians captured during Azovstal’s surrender.”

Rodion Mirochnik, the separatist Luhansk Republic’s ambassador to Moscow, reported this Thursday that 8,000 Ukrainian prisoners are in the two separated zones, according to the Tass news agency. And “hundreds of people are added every day,” he added.

On the Ukrainian side, the number of Russian prisoners was not reported despite AFP’s requests.

The International Committee of the Red Cross (ICRC) said there were “hundreds of Ukrainian POWs” from Azovstal.

What is the situation?

Regular army soldiers who “fall at the power of the enemy” are considered “prisoners of war”. Its status is defined by the Third Geneva Convention of 1949, which also applies when war has not been officially declared.

William Schabas, professor of international law at Middlesex University (London), explains that this status means “members of the Armed Forces or members of the militia who are part of them.”

They have rights and must be protected from violence, intimidation, insults and public curiosity.

However, NGOs claim that some of these rights have been violated since the beginning of the conflict. In March, Human Rights Watch (HRW) asked Ukraine to stop voicing the regrets of Russian POWs to the media.

HRW has urged Ukrainian authorities to investigate possible “war crimes” against Russian prisoners, following the release of footage showing Ukrainian soldiers shooting at their legs.

Amnesty International, on the other hand, expressed its concerns about the “Ukrainian prisoners of war from Azovstal” who are presented as “neo-Nazis” in the Russian media.

Is there a prisoner exchange?

Despite not being governed by international law, prisoner exchanges have become common practice. Since the beginning of the occupation, there have already been several exchanges of soldiers and civilians.

Kiev’s request to replace oligarch Viktor Medvedchuk, Vladimir Putin’s close aide, for Ukrainians captured by Russia is pending.

“There may be trade-offs commensurate with the importance given to certain people. Gilad Shalit, an Israeli prisoner, was so iconic that the Israelis released 1,027 Palestinians to secure their release,” explains Julia Grignon, a researcher at the Academy’s Institute for Strategic Research. . (Name).

Can they be judged?

“Prisoners of war cannot be prosecuted for participating in war,” says Grignon. “However, soldiers who committed crimes during the war can be prosecuted.”

The first Russian soldier to be tried for war crimes since the start of the offensive was sentenced to life in prison Monday for killing a civilian in Kiev.

As for the Azov fighters, Russian officials said they would be prosecuted as “Nazi criminals”.

“This would not be in line with humanitarian law, they cannot be classified as Nazis or terrorists, they should be prosecuted for acts they are suspected of committing,” said Grignon.

“The fighters of Azov are members of the Armed Forces of Ukraine and therefore should be considered prisoners of war,” Schabas said.

As for the members of the Russian private company Wagner, to whom Moscow denies any ties, they can be considered prisoners of war if captured as members of the Russian forces. Otherwise, experts say, they must be recognized as civilians involved in conflict and would not have that status.