There are people of different nationalities fighting as part of the Ukrainian Armed Forces in the current ongoing conflict. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. The main Conventions also mention volunteer corps as eligible to be considered prisoners of war, without consideration of nationality: Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict.Īny combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of war. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Or, contrariwise, if they actually submit themselves to the command of the armed forces of the country being invaded: Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. In particular, foreign volunteers might be covered as prisoners of war, if per the main Geneva Conventions they are seen as: No material compensation, no mercenaries (though other political entities, such as the African Union, have pushed for a broader definition). Motivated to take part in the hostilities essentially by the desire for private gain and, in fact, promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party However, not all the people mentioned in the question are necessarily mercenaries, who are defined as Per the Protocols Additional to the Geneva Conventions of 12 August 1949:Ī mercenary shall not have the right to be a combatant or a prisoner of war.
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