Could Russia release the captured Aussie in a POW swap?
Dec 31, 2024
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The podcast dives into the significant recent prisoner exchange between Ukraine and Russia, focusing on Australian citizen Oscar Jenkins, captured while serving in Ukraine's foreign legion. Legal expert Don Rothwell discusses the complexities of his potential release and the differences between mercenary and POW statuses. The conversation highlights the role of international mediators and the limitations Australia faces in negotiations, along with how humanitarian laws affect the situation. It's a gripping exploration of the challenges in securing freedom.
The recent large-scale prisoner swap between Ukraine and Russia highlights the complexities and ongoing negotiations involved in such exchanges amid the ongoing conflict.
The classification of Oscar Jenkins as a prisoner of war or a mercenary significantly affects Australia's potential negotiation strategies for his return.
Deep dives
Significance of Recent Prisoner Exchanges
A recent large-scale prisoner exchange between Ukraine and Russia, facilitated by the United Arab Emirates, highlights the ongoing complexities of the conflict. In this swap, at least 300 prisoners of war were returned, marking one of the most significant exchanges since the war began. Such exchanges have regularly occurred since March 2022, with several thousand prisoners traded over time. This particular exchange raises questions about potential negotiations for the return of Australian citizen Oscar Jenkins, captured by Russian forces, as Australian officials monitor the situation closely.
Oscar Jenkins' Status and International Law
The classification of Oscar Jenkins, who was captured while serving in Ukraine's Foreign Legion, is critical for his future and potential for exchange. There remains uncertainty whether he is deemed a prisoner of war or a mercenary by Russian authorities, which greatly influences legal proceedings and negotiations. The Australian government has reached out to Russia for updates but has received limited information regarding Jenkins' condition. Under international law, the International Committee for the Red Cross plays a vital role in situations like this, acting as an intermediary to ensure the humane treatment of prisoners of war and monitor their status.
At least 300 prisoners of war have returned to their homeland in a highly anticipated New Years swap between Ukraine and Russia.
It comes just days after Oscar Jenkins became the first known Australian citizen to be captured by Russian forces, after enlisting in Ukraine's foreign legion earlier this year.
Today, international law expert Professor Don Rothwell speaks to ABC News Radio about whether Australia could make exchange negotiations similar to those used for the New Year’s prisoner swaps, to bring Oscar Jenkins home.
Featured:
Professor Don Rothwell, ANU College of Law
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