Russia claims 'special military operation' participants cannot be prisoners of war – Lubinets

Russia claims 'special military operation' participants cannot be prisoners of war – Lubinets

Ukrinform
Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets said that Russia has raised claims that it did not declare war on Ukraine but is conducting a so-called "special military operation" (SVO), and therefore all those fighting within it allegedly cannot be considered prisoners of war.

He said this during a televised broadcast, Ukrinform's correspondent reports.

Lubinets explained that there are many legal arguments the Russian side uses in an attempt to avoid complying with the Geneva Conventions.

"For example, they repeatedly raise the issue that they are not at war, that no war has been declared against Ukraine, that this is a 'special military operation,' and therefore all those fighting within the special military operation are not prisoners of war at all. Such statements have been made," he said.

He noted that the Ukrainian side has repeatedly pointed out the legal facts showing that there can be no double interpretation, especially when, for example, a prisoner exchange procedure is carried out.

"This is a direct mechanism prescribed by the Geneva Convention. Therefore, Russians automatically recognize that Ukrainians are prisoners of war and combatants. Consequently, all the rights of prisoners of war must be protected under international humanitarian law," Lubinets said.

Answering questions about his recent meeting with the Russian side, including what the Russians asked him about, Lubinets said they asked, among other things, that the Ukrainian side visit Russian prisoners of war.

"This is a two-way process. If they committed to transferring two thousand parcels for Ukrainian prisoners of war, then I automatically took on the obligation to deliver two thousand parcels to Russian prisoners of war. My task is to ensure an absolute balance: if in Ukraine there is such treatment of Russians based on international humanitarian law, then automatically the same treatment must be ensured on the territory of the Russian Federation for Ukrainian prisoners of war," he said.

Read also: About 60 citizens return to Ukraine from Russia and occupied territories – Lubinets

Lubinets also separately stressed that it is important for the Ukrainian side that representatives of the International Committee of the Red Cross physically visit Ukrainian prisoners of war, see the conditions of their detention, and communicate with them.

As reported, on December 16 Lubinets said that he had met with Russia's Human Rights Commissioner Tatyana Moskalkova and with the heads of the International Committee of the Red Cross missions in Ukraine and Russia.

According to him, during the meeting, two thousand parcels of humanitarian aid for Ukrainian prisoners of war were handed over, along with letters from their relatives and other items.

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