Russia-Ukraine war: will British soldiers captured by Moscow be spared the death penalty?

British soldiers Aiden Aslin and Shaun Pinner, detained by Russian forces in the war in Ukraine and sentenced to death by firing squad by the Donetsk court, could be exchanged for a Moscow prisoner of interest arrested by the Ukrainian authorities.

It is Viktor Medvedchuck, the most important pro-Russian politician, arrested on charges of treason, in May 2021. The billionaire escaped house arrest after the invasion. But shortly thereafter he was captured by the Ukrainian secret services.

On the same day as the British soldiers were sentenced, an image of Medvedchuck was seen asking Putin to exchange him with them and with the civilians held in Mariupol, now in the hands of the Russians.

Ukrainians have announced that Medvedchuck will soon be brought to court on charges of treason.

silence of Moscow

Neither Russia nor its foreign minister wanted to comment on the arrests and convictions. But this pushing for an exchange of prisoners with Vladimir Putin’s great friend.

Inmates Asilin and Pinner were found guilty “Mercenary activities” by a court in the pro-Russian separatist area of ​​Donetsk.

But your status is fake. Both had lived in Ukraine since 2018, were married to Ukrainian women and were part of its regular army. They are not mercenaries but soldiers with dual nationality, rooted in Ukraine.

Pavel Kosovan, his defense attorney, said the two would ask for “forgiveness” and raise the possibility of an exchange of prisoners. They have two months to appeal.

The Russians are trying to prove that Donetsk is an independent jurisdiction, where the death penalty exists, in a sovereign state.

“The court has the right to carry it out,” according to Andrew Kloishas, ​​chairman of the Russian State Duma’s Constitutional Affairs Committee.

Another possibility for Russia is to exchange soldiers for the lifting of Western sanctions.

Reactions in London

British Foreign Minister Liz Truss denounced the death sentences imposed on two British citizens in Ukraine as “a flagrant violation of the Geneva Convention”.

Truss said he spoke with his Ukrainian counterpart to “discuss efforts to secure the release of POWs held by Russian representatives”.

“The UK continues to support Ukraine against Putin’s barbaric invasion,” he tweeted.

Prime Minister Boris Johnson was “appalled” by the sentences handed down to them.

A spokesman for Downing St said: “The Prime Minister was shocked by the condemnation of these men. He has been following the case closely. He has asked ministers to do everything possible to try to reunite them with their families as soon as possible. As soon as we can. “.

“We completely condemn the simulated death sentence of these men. There is no justification for this violation of the protection they are entitled to,” the spokesman clarified on Friday morning.

Asked if the UK government would talk to Russia to secure his release, the spokesperson said: “We don’t have regular interaction with the Russians.”

They said the “priority” was to work with the Ukrainian government “to try and get his release as quickly as possible.”

Prisoners of War

“They have protection, under the Geneva Convention, as members of the Ukrainian armed forces. So we want to continue working closely with them to try to free them as quickly as possible,” he explained.

Russian Foreign Minister Sergei Lavrov declined to comment on the cases. He said they are under the jurisdiction of the “Donetsk People’s Republic”.

Lavrov said in a press conference: “Since these crimes were committed on the territory of the Donetsk People’s Republic, everything else is speculation. I will not comment on the judiciary of the Donetsk People’s Republic.”

Earlier on Friday, UK Government Minister Robin Walker said the government would use it “all diplomatic channels” raise the case of the two Britons.

“As the Foreign Minister has made clear, we will offer all possible support for them and their families. We have been absolutely clear in everything: these people must be treated as prisoners of war, under the Geneva Convention. There is no on which basis they can be judged, “Walker said.

“This is an illegal court, in a fake government, that has carried out this process. Obviously we do not recognize that it has any authority. But we will continue to use all diplomatic channels to prove that it is prisoners of war that must be treated,” he said. insured.

“We completely condemn the approach taken here and will use every method at our disposal to address this problem,” he said.

requests

Richard Goldstone, the first chief prosecutor of the United Nations International Criminal Tribunal for the former Yugoslavia and Rwanda, referred to the two British men who had enlisted in the Ukrainian army. But now they have been sentenced to death in Donbas.

He questioned the basis for condemning men as mercenaries. “In the case we’re dealing with right now, it seems to me that we’re not dealing with mercenaries at all,” she said.

“From what I understand, both Brits were members of the Navy as a regular Ukrainian army and both have lived in Ukraine since 2018,” he said.

“Most of the comments suggest that they should be guaranteed the protection of ordinary prisoners of war under international law,” said the expert.

Goldstone said it was likely that the release of the men should have been secured “by exchanging these prisoners for prisoners on the other side.”

The men’s trial “seems to me to evoke the sham trials during the Cold War in the Soviet Union. There is no legality,” he added.

“If, for example, they are killed, the people guilty of having done so, if they can be identified, they would be guilty of war crimes,” he warned.

Putin, a war criminal?

Asked whether Vladimir Putin could be successfully prosecuted for war crimes, he replied, “I don’t think it will be difficult at all. I think he is clearly guilty of the crime of aggression on the basis of command responsibility. He may even be guilty.” of other war crimes, which were undoubtedly committed by Russian forces in Ukraine “.

“But as long as he remains president, even if he is indicted in some sort of international court, it means that if he does not leave Russia, he will never be tried,” he said.

Paris, correspondent

CB