@draggs @mindlessobserver
I still think members of PMC cannot be a POW, and aren't mercenaries.
Geneva III about POW - who could be:
ART. 4. — A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
1) 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.
2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:
a) that of being commanded by a person responsible for his subordinates;
b) that of having a fixed distinctive sign recognizable at a distance;
c) that of carrying arms openly;
d) that of conducting their operations in accordance with the laws and customs of war.
3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
5) Members of crews, including masters, pilots and apprentices of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
6) 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.
And lets see PMC Wagner:
- they aren't part of ruzzian armed forces in any terms (so point 1) goes to the hell);
- point 2) goes to hell also - they didn't have any leaders that are reasponsible for they actions and also they aren't a volunteer corps nor militia - they cannot be private-owned VC or militia;
- point 3) also goes to hell in case of PMC, they aren't suborbinates of any gov., but of their owner Big Bald P.;
- points 4) and 5) also goes to hell (obvious);
- point 6) in THEORY can be that which covered PMC... after start of war, in first weeks or months. Not after a year. They had plenty of time to at least deteached them to ruzzkie regulars and uniform them to some point.
To check who is, and who isn't mercenary we must look to Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.
Article 47 point 2 letter d loudly told us that mercenary must be a citizen or resident of territory controlled by party. So ALL PMC members that has ruzzian citizenship aren't mercenaries, and those foreigners who are part of PMC will not be mercenaries if they reside in ruzzia or ruzzia-controlled territory. Who is and who isn't resident is a sperging lvl expert so not this time.
It is hard to tell who are members of pmc's, but one can be stated clear: they aren't covered by Geneva III. Nor the PA (un)covers them. So they should be counted as random guy who was stupid enough to have a gun and commit a offense (criminal) near frontline. So only country-level legislation could cover him.
IF I was forced to point one illegal ukrainian action that I will point giving captured members of PMC to ruzzia. None international law allows to give someone without any legal procedures to other country. Even worse: Ukrainian SHOULD predict that at least some of PMC members will be killed after sending them back to ruzzia. Killing someone when he is surrending or when try to capture (and even seconds after capture) is one thing, sending someone to be hammerized by degenerates from wagnetards is another thing.
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