On August 7, 2026, news emerged regarding new actions by the Ministry of Defense of the Russian Federation concerning the formation of combat units. According to a statement by the ministry published on August 6, the first Ukrainian volunteer special forces brigade has been formed. This unit consists of Ukrainian prisoners of war as well as former members of the Armed Forces of Ukraine. This initiative has sparked a wide resonance in international circles and attracted the attention of analysts from the Institute for the Study of War (ISW).
ISW Position and International Law
In its report, the Institute for the Study of War (ISW) noted that reports of the formation of such units by Russian troops have been circulating since 2022. Previously, similar structures, such as the Bohdan Khmelnytsky Battalion, had already raised questions within the international community. ISW points out that the use of prisoners of war in hostilities on the side of the detaining power is a direct violation of international humanitarian law. In particular, this contradicts the provisions of the Third Geneva Convention, which regulates the treatment of prisoners of war.
Legal Context and Volunteer Status
According to Article 23 of the Third Geneva Convention, prisoners of war must not be involved in military operations. The legal status of a person in captivity implies a lack of freedom of choice. Any consent to participate in hostilities given under conditions of captivity may be considered coerced. International organizations, including the UN and the International Committee of the Red Cross (ICRC), classify such actions as war crimes. This is because prisoners of war are under the full control of the detaining state and may be subjected to pressure, threats, or other forms of coercion.
Contradictory Data
At the same time, statements are appearing in the information space attempting to draw parallels between the actions of Russia and Ukraine. In particular, an interview with Denis Kapustin, head of the Russian Volunteer Corps (RVC), is mentioned, in which the formation of units from Russian citizens is discussed. However, the legal assessment of these two situations differs significantly. In the case of the RVC, the discussion concerns citizens who voluntarily switched sides to Ukraine, not being in the status of prisoners of war. This distinguishes them from Ukrainian prisoners of war who, according to ISW, were involved in hostilities under the control of the Russian side.
Differences in Approaches and Legal Consequences
The key difference lies in the initial status of the participants. In the Russian case, these are dependent prisoners of war located in camps and subject to pressure. In the Ukrainian case, they are volunteers who consciously chose to participate in hostilities. International law does not prohibit foreign citizens from voluntarily joining the armed forces of another country if they do so consciously and are not in the status of rights-deprived prisoners. Thus, Russia's actions in this context may be classified as a violation of international law, whereas Ukraine's actions within the framework of forming foreign legions remain within the legal field.
