Since numerous NATO countries have cleared their citizens to join the fight in Ukraine, what happens to them when they get capture? Does the POW rule of Geneva convention applies to those foreign volunteers?
I know Geneva convention doesn't apply to mercenaries as they are not recognized as legitimate combatants. But foreign citizens that volunteered are not exactly contracted mercenaries though. Are they going to be imprisoned in Russia after the war?
2001
This is from wiki.Article 1
1. A mercenary is any person who:
(a) Is specially recruited locally or abroad in order to fight in an armed conflict;
(b) Is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is 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 rank and functions in the armed forces of that party;
(c) Is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict;
(d) Is not a member of the armed forces of a party to the conflict; and
(e) Has not been sent by a State which is not a party to the conflict on official duty as a member of its armed forces.
According to (c), a foreign resident of Ukraine is legal combatant. According to (e) a military adviser or trainer from outside is a legal combatant.
A foreign volunteer other than (c) and (e) is a mercenary even if the person is not paid. Therefor they are not protected by Geneva convention on POW.
Noticeably most NATO countries and Russia were not part of that convention. This means that at least for the Russians, it is totally up to them to decide how they are to be treated. They can be treated as POW if the sending country is willing to pay a price, or just vaporize them.
[Addition]
An interesting point is for countries like Poland and Belgium, both are parties of the convention. They themselves have legally categorized their (possible) volunteers as mercenary, denying them to be treated as POW. It would be very hard for them to negotiate with Russia if their citizens went missing in Ukraine.
That is probably why it is only UK in Europe encouraging their citizen.
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