Treatment of POWs in the Russia-Ukraine war

The trial of a Russian prisoner of war has been in the news the last week. (Max Hunder and Tom Balmforth, Ukraine prosecutor seeks life sentence for Russian soldier in war crimes trial Reuters 05/19/2022):

A Ukrainian state prosecutor asked a court on Thursday to sentence a Russian soldier to life in prison for killing an unarmed civilian in the first war crimes trial arising from Russia's Feb. 24 invasion.

Vadim Shishimarin, a 21-year-old Russian tank commander, asked widow Kateryna Shelipova to forgive him for the murder of her husband, Oleksandr, in the northeast Ukrainian village of Chupakhivka on Feb. 28.

And Russia apparently intends to put Ukrainian P.O.W.'s on trial as well. As Jame Keaton reports for AP News, "much has been made of the insistence by some Russian officials that detained Ukrainian ex-fighters should face trial and should not be included in any prisoner exchanges." (What might happen to 100s of Ukrainian POWs? 05/19/2022)

"Putting POWs on trial is legal in defined circumstances in international law. H. Wayne Elliott in Prisoners of War" (Crimes of War 2.0, 2007):

An important difference between prisoners of war and other detainees is that POWs are immune from prosecution for lawful acts of war. They may however be prosecuted for war crimes, as long as they are tried according to the same procedures as would be used in domestic proceedings against soldiers from the country holding them. (The treaty [Geneva Conventions] also provides that even if a prisoner of war is convicted he retains the benefits of the Convention.) By contrast, other detainees may face prosecution for acts like killing an enemy soldier, which could be charged as murder under the domestic law of the State involved. [my emphasis]

International law also forbids the public display or exposure of POWs as trophies. Aaron Blake reported on some of the implications in Why you should think twice before sharing that viral video of an apparent Russian POW Washington Post 03/07/2022:

The Geneva Conventions have extensive rules for prisoners of war, and among them is a prohibition on turning them into subjects of “public curiosity.”

“Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity,” the document states.

... The International Committee of the Red Cross has said that sharing such videos of POWs very much falls under the Geneva Conventions’ prohibition. The ICRC and other human rights groups have reiterated this repeatedly in recent days. They note that ... it is nearly impossible to conclude with certainty whether the sentiments are genuine or might have involved some type of coercion — either explicit or implicit.

See also: Drew Harwell, The gory online campaign Ukraine hopes will sow anti-Putin dissent probably violates the Geneva Conventions Washington Post 03/02/2022.

Blake also notes this important observation:

Rachel E. VanLandingham, a war crimes expert at Southwestern Law School in Los Angeles, pointed to Article 7 of the Geneva Conventions, which states that prisoners of war “may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention.”

“The nonrenunciation principle says prisoners can’t give up their rights, seemingly denying them autonomy, because the Convention recognizes the coercive nature of captivity,” VanLandingham said.

She adds that whether or not some broadcast message by a POW, whether or not it's really voluntary, could result in retaliation against the prisoner's family in their home country.

Treatment of POWs is a very important issue. All parties involved, including NATO countries backing Ukraine, should insist that both sides do it right.