When Is a Trial a War Crime?, Daily Brief, July 10, 2023

I’ve written repeatedly in this newsletter about Russia’s war crimes in its atrocity-ridden invasion and occupation of Ukraine. I’ve also described here various sham court cases inside Russia, where the authorities are simply ignoring fundamental rights and destroying the very concept of justice.

These two themes come together in today’s main story.

Russia’s Southern District Military Court in Rostov-on-Don has launched criminal proceedings against 13 men and 9 women from the Ukrainian “Azov” Brigade.

In the spirit of complete lawlessness at the heart of Kremlin thinking, the defendants are being prosecuted on several charges, including actions supposedly directed at overthrowing Russia-backed authorities in occupied parts of Ukraine and involvement in the activities of a “terrorist organization.” 

But here’s the thing: most of the defendants standing trial in Rostov are members of the Ukrainian Armed Forces. The Azov Brigade is a formation of Ukraine’s National Guard that engages in military operations as a part of the Armed Forces of Ukraine.

This means that now, in Russian detention, they are prisoners of war (POWs). Having POW status means they are entitled to all the protections afforded POWs as set out in the Third Geneva Convention on the Treatment of Prisoners of War.

Under the Geneva Conventions, you cannot prosecute prisoners of war for participation in the conflict. Doing so is actually a war crime.

What’s more, the Geneva Conventions also ensure POWs cannot be prosecuted for offenses committed before their capture if they were not crimes at the time. So, Russia cannot prosecute these soldiers for being Azov Brigade members, because the Russian government only designated the Azov Brigade a “terrorist organization” three months after their capture.

There’s a third grim aspect to these criminal proceedings. During a recent court hearing, at least three defendants said they suffered ill-treatment in detention and signed confessions under duress. Courtroom photos from the hearing show the defendants exhausted and thin.

It’s a terrible trifecta. Prosecuting prisoners of war for participation in the conflict, depriving them of their fair trial rights, and subjecting them to torture or inhuman treatment are all breaches of the Geneva Conventions and war crimes.

These sham proceedings against the Azov Brigade are yet another example of Russia showing complete disregard for international law in its bloody invasion of Ukraine.