Ukraine Says Russia Denies Prisoners to Evade Geneva Conventions
Ukraine’s Human Rights Commissioner Dmytro Lubinets explained how Russia denies holding prisoners to evade Geneva Conventions obligations.
The Gaze reports on it, referring to Dzerkalo tyzhnia.
Russia systematically blocks the International Committee of the Red Cross (ICRC) from accessing Ukrainian prisoners of war, claiming that since it has not officially declared war, participants in the so-called “special military operation” are not legally considered POWs. This denial prevents Ukraine from officially confirming the captivity of its defenders.
“And because of this, we cannot legally recognize the fact of captivity. And this affects the legal status,” Lubinets said.
The comissioner described measures Ukraine is taking to legally verify prisoners’ status despite Russia’s obstruction. During recent exchanges, Ukrainian authorities sent letters from families to POWs, which serve not only as humanitarian gestures but also as a method to confirm a prisoner’s presence in Russian custody.
“If you did not recognize the official status of captivity, but took the postcard and passed it on, we automatically receive official confirmation that a Ukrainian in Russian captivity received it," he clarified.
Receiving such letters provides Ukraine with formal evidence that individuals are being held, even when the ICRC cannot physically access them.
Lubinets emphasized that Russia’s legal arguments to avoid Geneva Convention obligations are manipulative and legally unsound. He noted that every exchange conducted by Russia inherently acknowledges the individuals as prisoners of war, which automatically entails the protection of their rights under international law.
"That is why we repeatedly demonstrated, based on legal considerations, that there can be no double interpretation," he stated.
The OSCE has reported that Russia is restricting access for the International Committee of the Red Cross (ICRC) to Ukrainian prisoners of war, deliberately hiding sick, wounded, and mistreated detainees while only showing those in relatively good condition. The OSCE experts emphasized that these restrictions violate international humanitarian law, as the ICRC is unable to freely visit all detention facilities or speak privately with prisoners.
Earlier, the Moscow Mechanism has been invoked by 41 OSCE member states to investigate Russia’s treatment of Ukrainian POWs, highlighting ongoing concerns over potential war crimes and violations of human rights. The initiative aims to establish the facts regarding abuses, ensure humane treatment, and guarantee transparent reporting on the location and status of detainees.
Experts noted that while some improvements have occurred compared to the early years of the invasion, the situation in Russia remains far below international legal standards.
Read also on The Gaze: Why Ukraine’s Victory Matters for International Law