The International Bar Association and its Human Rights Institute have condemned the trial and sentencing to death of three men fighting on the Ukrainian side of the Russian-Ukrainian war who were captured by Russian forces. They called on Russia to immediately quash the sentences.

Two British nationals and a Moroccan national Brahim Saaudun were accused by Russia of mercenaryism, terrorism and actions aimed at the violent seizure of power and overthrowing the constitutional order of the Donetsk People’s Republic and sentenced to death by firing squad.

According to a joint statement, reasons for the illegality of the trial and sentencing of Aiden Aslin, Shaun Pinner and Brahim Saaudun include: 

  • The so-called Donetsk People’s Republic is not a legitimate jurisdiction. The land is internationally recognised as being part of Ukraine and therefore, Ukrainian law applies. Ukraine does not have the death penalty (and neither does Russia). 
  • As the occupying force, Russia is required to comply with its domestic and international law, including the Geneva Conventions on the laws of armed conflict.
  • Although the so-called DPR has a self-proclaimed government, it has no jurisdiction over Ukraine’s territory. The ‘Supreme Court’ that sentenced the three men to death has no legal status. ‘Trying’ these men is in violation of the Geneva Conventions.
  • There is no legal basis to call Aiden Aslin, Shaun Pinner and Brahim Saaudun mercenaries. The three men were regular soldiers of the Ukrainian army and entitled to the status of prisoners of war. POW status provides immunity from criminal prosecution for the direct participation in hostilities.
  • Sentencing the three violates the Geneva Convention, which prohibits sentencing a prisoner of war ‘to any penalties except those provided for in respect of members of the armed forces of the said power who have committed the same acts.’
  • Even if the three were charged with the war crimes, they are entitled to the right to a fair trial by an independent and impartial court, which is not the case in the present situation. 

In the statement, the IBA and IBAHRI conclude that any implementation of the death penalty ’will be an obvious case of plain murder…and deemed an international war crime. Any perpetrators will be regarded as a war criminals. 

 

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