"The sentencing of British citizen Hayden Davies to 13 years in a Russian maximum-security prison camp is not merely another grim episode in Russia's war against Ukraine. It represents a deliberate and calculated abuse of international law, carried out for propaganda purposes, and one that demands a firm and credible response from the United Kingdom. Davies, 30, was captured while fighting as part of the International Legion for the Defence of Ukraine, a unit formally integrated into Ukraine's armed forces."
"Despite this, Russian prosecutors have labelled him a "paid mercenary" and tried him in a court operating in Russian-occupied Donetsk, a territory Moscow illegally claimed as its own in 2022, despite Ukraine continuing to control parts of the oblast. This choice of venue is not incidental. It is central to Russia's strategy of plausible deniability, allowing Moscow to distance itself from the legal obligations that would apply if Davies were recognised as a Prisoner of War."
"Under international humanitarian law, the mercenary designation simply does not apply. Additional Protocol I of the Geneva Conventions sets out a narrow and specific definition of a mercenary, including criteria such as fighting primarily for private gain, lacking membership in the armed forces of a party to the conflict, and having no legal status in the state for which they fight. Davies meets none of these conditions."
Hayden Davies, 30, a British citizen, received a 13-year sentence in a Russian maximum-security prison camp after capture while fighting with the International Legion for the Defence of Ukraine, a unit integrated into Ukraine's armed forces. Russian prosecutors labelled him a "paid mercenary" and tried him in a court operating in Russian-occupied Donetsk, a venue chosen to enable plausible deniability and to avoid legal obligations tied to Prisoner of War status. Under Additional Protocol I of the Geneva Conventions, the mercenary definition does not apply to Davies. He signed a formal contract with Ukraine's Territorial Defence Forces, wore military uniform, operated within a recognised command structure, and held legal status in Ukraine. By law he is a lawful combatant entitled to full Prisoner of War protections. The sentencing represents a deliberate abuse of international law that requires a firm and credible response from the United Kingdom.
Read at London Business News | Londonlovesbusiness.com
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