They chose not to give up because they are sure that Moscow would not respect international law on prisoners of war. For the Geneva Convention they can also be sent to other countries. This is what their companions who arrived in Rome ask for
Only civilians are involved in the agreement between Moscow and Kiev that led to the recent evacuations from the Azovstal steel plant. The fate of several hundred Ukrainian fighters, for weeks theMariupol’s last resistanceappears leaden. Even more so now, that the ground assault is underway, with the Russians breaking into the maze of underground tunnels in which the Ukrainians are entrenched.
At the point of law they can choose whether to fight to the death or surrender in the hope of being spared. The commanders of the Ukrainian resistance in the fortress-establishment have repeatedly rejected Moscow’s requests for surrender out of fear – almost a certainty – that Russia does not comply with the terms of the Geneva Convention on Prisoners of War, given previous violations of the rules governing warfare.
Especially since most of them are men of the Azov regiment, the target (and pretext) of Putin’s mission of denazification of Ukraine. If they surrender to Russia they can be detained, he said Marco Sassoli, professor of international law at the University of Geneva. But not tortured, massacred, as they fear would happen if they lay down their weapons.
The International Committee of the Red Cross plays a crucial role in conflicts around the world, mediating between fighters on issues such as organizing prisoner exchanges and monitoring prisoners’ conditions. Yet the Red Cross has not said whether it has encountered prisoners of war in Russian custody since the war began on February 24, a silence that Sassoli says could be a bad sign.
According to the Geneva Convention, prisoners of war must always be treated with humanity and cannot be subjected to physical mutilation or to medical or scientific experiments that are not justified on health grounds. While members of the armed forces who are injured or ill, in the meantime, must be respected and protected under all circumstances.
The point of international humanitarian law that could open a third way is: a Unlike civilians, prisoners of war can be forcibly sent to other countries to prevent them from returning from the battlefield. It is precisely by referring to this principle that the comrades of the combatants who have arrived in Rome launch an appeal to the international community: We do not want our men to die. We are waiting for the bravest countries to evacuate them. We will not allow this tragedy.
There is more than one doubt about the feasibility of this path. Pascal Hundt, head of the International Committee of the Red Cross in Ukraine, recalled that only civilians are involved in the Russian-Ukrainian agreement that led to the recent evacuations from Azovstal. And he said uncertain about the next releases: The ICRC has little influence when it comes to reaching a ceasefire agreement, and it is up to the parties to come to an agreement and get these people out. We will continue to apply pressure even if the hope is close to zero.
May 5, 2022 (change May 5, 2022 | 13:42)
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