--- title: "Russia forms special forces brigade from Ukrainian POWs: legal analysis and ISW position" description: "🚨 ISW: Russia created a special forces brigade from Ukrainian POWs. This is a violation of the Geneva Convention. We analyze the legal aspects and differences from Ukrainian volunteer formations. #ISW #POWs #GenevaConvention" date: 2026-08-07T10:57:13.000Z lang: en url: https://xab.info/en/posts/russia-forms-special-forces-brigade-from-ukrainian-pows-isw-analysis tags: [ukraine-war, isw, geneva-convention, prisoners-of-war, russia-military] publisher: "XAB.info" --- # Russia forms special forces brigade from Ukrainian POWs: legal analysis and ISW position ![Ukrainian POW discusses formation of Russian special forces brigade from prisoners in interview](https://xab.info/media/2026/08/07/russia-forms-special-forces-brigade-from-ukrainian-pows-isw-analysis/russia-forms-special-forces-brigade-from-ukrainian-pows-isw-analysis-1.webp) ## 🎯 Key Points - The Russian Ministry of Defense announced the creation of a Ukrainian volunteer special forces brigade from prisoners of war. - ISW notes that the use of POWs in hostilities violates the Geneva Convention. - There are differences between the actions of Russia and Ukraine in forming volunteer units. - International law does not prohibit the voluntary participation of foreign citizens in hostilities if they are not in captivity. 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. ## ❓ FAQ ### Q: What is the Geneva Convention? **A:** The Geneva Convention is an international document regulating the treatment of prisoners of war and civilians during wartime. ### Q: Why is the use of POWs in hostilities prohibited? **A:** The use of POWs in hostilities is prohibited because they are under the full control of the detaining state and do not have freedom of choice. ### Q: What is the difference between the actions of Russia and Ukraine in this matter? **A:** Russia is forming units from prisoners of war, which violates international law. Ukraine is forming units from volunteers who consciously chose to participate in hostilities.