Participation in hostilities is not a crime. This is guaranteed by another convention – the Hague.
Death sentences , which the Kremlin-controlled DNR group passed to Britain's Aiden Aslin, Sean Pinner and Moroccan Saudun Brahim for service in the Armed Forces of Ukraine violates the Geneva Convention, said Gunduz Mammadov, an expert in international criminal law, Deputy Prosecutor General of Ukraine in 2019-2021.
The so-called “trial” of three foreign nationals: the British Eslin and Pinner and the Moroccan Saadun is certainly illustrative. However, it is clear that he will not be the only one. According to Article 438 – Violation of the laws and customs of war, the organizers and executors of such tribunals violate the basic right – the right to a fair trial, guaranteed by the Universal Declaration of Human Rights and the Geneva Conventions – and manipulate the maximum penalty “The death penalty, which is barbarism. But it has nothing to do with justice. The use of justice for purely propaganda purposes is a deliberate leveling of the concept of justice and a crime against justice,” Gunduz Mammadov told ZN.UA. on Friday.
In a tweet, he stressed that participation in hostilities is not a crime guaranteed by the 1907 Hague Convention
“Sentences” to British citizens Aiden Aslin, Sean Pinner and a citizen of Morocco Saaudun Brahim passed by the so-called” Supreme Court of the DPR “violates Article 4 of the Geneva Convention, as protection is determined by belonging to the Armed Forces, not citizenship,” Mammadov tweeted on Friday.
“Sentences” to citizens Е E. Eslin and S. Pinner and 🇲🇦 B. Saadun, passed by the so-called “Supreme Court of the DNR”, violate Article 4 # of the Civil Code III, as the protection of the LCD is determined by belonging to the Armed Forces, not citizenship.
Participation in hostilities is not a guaranteed crime #The Hague Convention of 1907 pic.twitter.com/zg0vBWy3wx— Gyunduz Mamedov (@MamedovGyunduz) June 10, 2022
It will be recalled that the British Aiden Aslin, Sean Pinner and Moroccan Saaudun Brahim were found guilty by a Russian-controlled court in occupied Donetsk of mercenaries and committing actions aimed at “overthrowing the constitutional order of the republic.” According to mostly Russian media reports, the men were sentenced to death. RosMedia refers to the words of the chairman of the board of the “court” Alexander Nikulin.
Read also: The death penalty in the “DPR” for foreign volunteers: a reaction of the World Community
Earlier, the Office of the Prosecutor General launched pre-trial investigation into DNR terrorists over the aforementioned death sentence.
Should Ukraine seek international recognition of Russia as a terrorist state? Or maybe better – a sponsor state of terrorism? What is the difference between these terms, and, in general, should Ukraine spend energy and time on this area of struggle against Russia? Read the article Gunduz Mammadov “How to punish Russia properly”.
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