A student visa is usually not a residence visa, therefor he is not eligible to join the war as Ukrainian army personnel according to the highlighted item. So he is a mercenary.The Moroccan guy should be able to get off. He was a student in Ukraine when the invasion happened and joined the Ukrainian army.
As for the other two, they're both illegal combatants and deserve everything that they get. I'd rather they were given a long spell in the gulag compared to the firing squad, but that is the prerogative of the competent DPR authorities.
There is a good life lesson here. If you don't want to be executed don't travel to a country with the death penalty and then commit a crime punishable by the death penalty.
There was a third western militant caught who was loitering around Bucha at the time of the massacre there by his own account. Turns out he had a notebook on him with the numbers of dead civilians in it. Now he really is f**ked.
From wiki,
Art 47. Mercenaries
- A mercenary shall not have the right to be a combatant or a prisoner of war.
- A mercenary is any person who:
- (a) is especially recruited locally or abroad in order to fight in an armed conflict;
- (b) does, in fact, take a direct part in the hostilities;
- (c) 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 ranks and functions in the armed forces of that Party;
- (d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;
- (e) is not a member of the armed forces of a Party to the conflict; and
- (f) 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.