Marco
The statements, views and opinions expressed in this column are solely those of the author and do not necessarily represent those of this site. This site does not give financial, investment or medical advice.
Let me start by saying I am not a lawyer (Thankfully) but I can read the various articles Geneva, associated Hague Convention and treaties and so in the absence of any examination of this topic so far, this is my take for discussion.
The recent commencement of trials of Shaun Pinner and Aiden Aslin, and Moroccan citizen Ibrahim Saadoun for terrorism, is in my opinion, not legally safe, as was also the case for the trial in Ukraine of the 21-year-old Russian tank commander Vadim Shishimarin. It is simply not the case that if a combatant is not from the country of a belligerent and is being paid, that they are not covered under Geneva etc. If that was the case then e.g. members of the Nepalese Gurkhas, still fighting for the British, as they have since the 19th Century could be considered illegal combatants.
Two wrongs don’t make a right and I believe the Russians are making a mistake to allow the DPR to go ahead with this, whom I seriously doubt have the necessary expertise in the rules of law of war, or the desired degree of independence, to undertake such proceedings.
In order to legally charge any of these people with civilian offenses such as murder or terrorism, they must first be determined NOT to be legal combatants, because if they are or were legal combatants, the act of charging them with such offenses is in itself, illegal under the rules of war.
The sweeping stated declaration that “mercenaries” are de-facto not legal combatants is by no means, necessarily correct. There is ample argument and precedent to say that if such fighters are or were in uniform or at least had clear Ukrainian insignia, and received any kind of induction and if they in any way had a Ukrainian command structure above them, they would very arguably, be regarded as lawful combatants and therefore fighting and killing adversary combatants would not be indictable.
The statements, views and opinions expressed in this column are solely those of the author and do not necessarily represent those of this site. This site does not give financial, investment or medical advice.
The Russian soldier was fighting in his country’s army which had moved into what is arguably still part of Russia. The foreigners were mercenaries whose countries had nothing official to do with the war but who were there to make money and to hell with anybody they killed in the process.
I also have mixed feelings about this. I understand Russia’s point of trying to dissuade any foreign fighters from coming tho Ukraine but I don’t think they should be regarded as terrorists, just as if, let’s say, a Brazilian or a Serbian decides to fight for Russia and gets captured by the Ukrainians.
The Russian army is made up of regular soldiers. I can’t see how any foreigner would try or would want to try and bust in there; unless he’s completly mad.
so those in US prisons who where captured in the battle fields are angels.
Unfortunately for you, Waine, many of the people your talking about, were caught in the country of their birth, where they were ENTITLED to fight against an ILLEGAL INVADER, and smuggled away by the Americans to be locked up under FALSE, and non proven charges. How hard is that for you to understand ?
Which nation was it, that introduced the word “terrorists” ? Which nation has it been, that has USED such people to carry out their agenda of regime change, and accountable for the murder of millions of people around the planet since WW 2 ? All of a sudden, this same country now gets on it’s high horse and claims concern for the people it’s supported trained and let loose on innocent peoples to carry out it’s dirty work, expressing alleged “concern” for those instruments it has it’self created and let loose ??? Clearly, it appears many people have simply lost… Read more »
So all those held in Guantanamo are innocent combatants, try telling that to the Yanks who kill those ” innocent ” combatants, even though they are locked up’ or maybe it is only those mercenaries killing innocent civilians in Donbas
who are LEGAL . get a life mate.
It really is the height of hypocrisy when the US and UK talk about international law not being upheld by Russia. So why are the western troops and their zionist partners given complete immunity in all the atrocities committed in Iraq, Afghanistan, Syria, Libya, Vietnam, Palestine etc??? They are never held accountable for their war crimes.
Amazes me, the crap people come up with under the pretence of humanity. Being a MERCENARY, that is, willingly volunteering your services to assist a country in it’s wars, for renumeration in gold or equivilant, is in any dictionary you choose to pick up, described as a criminal act. In FACT in my day during the 60’s and 70’s whilst lots of such actions were occurring, especially in South America, and Africa, hundreds of such people caught up in hostilities and captured by the WEST, were considered MERCENARIES and SHOT as a consequence. I point out that it was the… Read more »
The nazi attack on and war on the Donbass is a war of aggression in violation of minsk 2 and the UN Charter. All attacking soldiers are criminals. By volunteering and making “contract” these mercenaries engaged in a conspiracy to make a war of aggression. Only violence permitted by UNSC and/or the UN Charter is legal. SMO-404 is lawful under art 51 UNC, eg defense is not a crime.
Astonishing mixture of irrelevance, what aboutary and this is how the rules would be in my world, commentary, e.g. foreigner mercenaries whose countries had nothing official to do with the war. You mean like the UK who went war with Germany over Czech and Poland takeover. – No legal logic or sense. combatants were there to make money and to hell with anybody they killed in the process. I hate to break it to you but all soldiers are required not to care about killing the enemy and are supposed to get paid although in the case of foreign volunteers… Read more »