--- title: As Russia Threatens Captured Vets, U.S. Invokes Laws of War description: Diplomats fear the two Alabamans' fate will be tied to U.S.-backed war crimes prosecutions of captured Russian soldiers in Ukraine canonical: https://time.com/6189618/ukraine-veterans-geneva-conventions/ author: W.J. Hennigan article:opinion: false article:content_tier: free article:published_time: 2022-06-22T02:44:35.000Z article:modified_time: 2026-02-24T14:24:27.557Z article:section: Politics og:title: As Russia Threatens Captured Vets, U.S. Invokes Laws of War og:description: Diplomats fear Alabamans' fate will be tied to U.S.-backed war crimes prosecutions of Russian soldiers in Ukraine og:url: https://time.com/6189618/ukraine-veterans-geneva-conventions/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltbb9cdfff39a78d39/698a32fb096a9496826acac7/Nato.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: APTOPIX Russia Ukraine War og:type: article twitter:card: summary_large_image twitter:title: As Russia Threatens Captured Vets, U.S. Invokes Laws of War twitter:description: Diplomats fear Alabamans' fate will be tied to U.S.-backed war crimes prosecutions of Russian soldiers in Ukraine twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltbb9cdfff39a78d39/698a32fb096a9496826acac7/Nato.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 ---  # As Russia Threatens Captured American Vets, U.S. Invokes Laws of War > Sponsored content. 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It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=527f4399-916b-4ef2-a4aa-a40611ccb2fc&cr=time-nl-dcbrief-2026q3-v1) ## Video: Zelensky: The World's Most Influential People Should Be Using Their Influence to Defend Freedom [Watch (HLS stream): Zelensky: The World's Most Influential People Should Be Using Their Influence to Defend Freedom](https://cdn.jwplayer.com/manifests/D6cBuDsR.m3u8) (11:14)  _Published 2022-06-08. Editor’s note: Volodymyr Zelensky, the President of Ukraine, made a video address to the TIME100 Gala on Wednesday in New York City. The video will air on TIME100: The World’s Most Influential People Sunday, June 12 at 8 p.m. EDT on ABC._  by [W.J. Hennigan](https://time.com/author/w-j-hennigan/)  ## W.J. Hennigan Jun 22, 2022 2:44 AM UTC  Soldiers hold flares as they attend the funeral of activist and soldier Roman Ratushnyi in Kyiv, Ukraine, on June 18, 2022. Soldiers hold flares as they attend the funeral of activist and soldier Roman Ratushnyi in Kyiv, Ukraine, on June 18, 2022. Natacha Pisarenko—AP  by [W.J. Hennigan](https://time.com/author/w-j-hennigan/)  ## W.J. Hennigan Jun 22, 2022 2:44 AM UTC A day after the Kremlin said two American veterans captured by pro-Russian forces in Ukraine had committed war crimes and could face the death penalty, the Biden Administration expressed outrage and called on Russia to abide by international law. The State Department [said Tuesday](https://www.state.gov/briefings/department-press-briefing-june-21-2022/) that U.S. officials are in talks with Russian authorities about the two men, Alexander Drueke, 39, and Andy Huynh, 29, who had volunteered to fight with the Ukrainian government’s forces. The U.S. is also in touch with the families of the two men, both of whom are from Alabama, and with the International Committee of the Red Cross, the department said. Drueke and Huynh were detained by pro-Russian forces while fighting in eastern Ukraine, and their case raises concerns about the status of thousands of foreign volunteers currently fighting in the war-torn country. Human rights observers and legal scholars say foreign fighters serving under Ukrainian military command are entitled to prisoner-of-war (POW) status and according to long-standing rules laid out by the Geneva Conventions should not be prosecuted. But Russian officials have instead labeled all foreigners who fight alongside the Ukrainians “mercenaries,” [a legal term that means many international protections do not apply.](https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=9EDC5096D2C036E9C12563CD0051DC30) Earlier this month, two British men and a Moroccan national caught fighting in Ukraine were sentenced to death by firing-squad for “war crimes” in a legal process that was widely condemned as a “show trial” in the pro-Russian breakaway republic of Donetsk. Those men had spent more than a year in Ukraine, reportedly as part of the Ukrainian marines, and have a month to appeal their verdicts. But even other foreigners, like Drueke and Huynh, who were part of Ukraine’s International Legion should also be entitled to POW status, international law experts say. “If they were incorporated into the Ukrainian military, then they would be entitled to POW status,” said Laura Dickinson, a professor at the George Washington University Law School. “Even if they were not, if they were carrying arms openly, then in many cases they would be entitled to POW status.” **Read More:** [_TIME’s Interview with Volodymyr Zelensky_](https://time.com/6171279/volodymyr-zelensky-transcript/) Every fighter claiming to be a legal combatant is entitled to a hearing to learn if their conduct in any way violated the law of war, such as failing to wear a uniform or some form of insignia while engaging in military operations, said Mary Ellen O’Connell, a professor of international law at the University of Notre Dame. “U.S. officials are right to insist that Russia comply with international law, which says that no person in the power of a foreign enemy during armed conflict may be mistreated,” she said. “It protects due process in any type of trial or hearing.” --- ### More from TIME --- If there is doubt about their status as POWs, under the terms of the Geneva Conventions, they are entitled to a determination by a competent tribunal, said Rachel Denber, deputy director of Human Rights Watch’s Europe and Central Asia division. “They should be presumed to be POWs and with all the rights of a POW until unless they’re proven otherwise,” she said. “And the process of being proven otherwise must be through a fair, competent tribunal hearing. To deny someone due process is a grave breach of the Geneva Conventions.” Apparently no such tribunal has taken place. Chief Kremlin spokesman Dmitry Peskov conceded Monday that an investigation into Drueke and Huynh was still underway in [an interview with NBC News](https://www.nbcnews.com/news/world/russia-ukraineveterans-death-penalty-alexander-drueke-and-andy-huynh-rcna34372). However, that didn’t stop Peskov from calling both men “soldiers of fortune.” Drueke and Huynh were involved in shelling and firing on Russian forces, he said, and therefore must be “held responsible for the crimes they have committed.” The comments, which were the first from Moscow about the detained Americans, came days after Russian media [released video](https://www.youtube.com/watch?v=2ZkSWXFAlGM) that showed the men bound, blindfolded and voicing fears of execution. When asked whether they might face the death penalty, Peskov replied he “cannot guarantee anything” and that it “depends on the investigation.” **Read More:** [_‘Hope Gives You the Strength to Act.’ Portraits of Russians Risking Everything to Support Ukraine_](https://time.com/6170850/russians-supporting-ukraine-portraits/) Peskov’s statements were condemned in Washington. “It’s appalling that a public official in Russia would even suggest the death penalty for two American citizens that were in Ukraine,” National Security Council spokesman [John Kirby told reporters at the White House](https://www.whitehouse.gov/briefing-room/press-briefings/2022/06/21/press-briefing-by-press-secretary-karine-jean-pierre-and-nsc-coordinator-for-strategic-communications-john-kirby-2/) on Tuesday. The administration is still gathering information, he said. European officials have accused Russia of trying to [distract from what they say are real war crimes](https://time.com/6153295/russia-ukraine-war-crimes/) that its forces are committing in Ukraine. They believe Moscow may be trying to lay the groundwork for a prisoner exchange for Russian soldiers who have been detained and convicted of rape, murder or other violent crimes during Russian President Vladimir Putin’s nearly four-month-old invasion of Ukraine. In May, [a Ukrainian court sentenced](https://www.bbc.com/news/world-europe-61549569.amp) a captured Russian soldier to life in prison for shooting and killing an unarmed 62-year-old civilian. During [an unannounced trip to Kyiv on Tuesday](https://www.justice.gov/opa/pr/attorney-general-merrick-b-garland-visits-ukraine-reaffirms-us-commitment-help-identify), U.S. Attorney General Merrick Garland met with Ukraine’s top prosecutor and announced a War Crimes Accountability Team. “There is no hiding place for war criminals,” he said. “Working alongside our domestic and international partners, the Justice Department will be relentless in our efforts to hold accountable every person complicit in the commission of war crimes, torture, and other grave violations during the unprovoked conflict in Ukraine.” The Ukrainian military beat back a weeks-long Russian offensive in and around the capital, Kyiv, surprising the better-equipped Russian forces, but now faces an escalating fight in the east of the country. At least 4,597 civilians, including more than 300 children, have been killed in Ukraine since Feb. 24, [according to the United Nations human rights office,](https://www.ohchr.org/en/news/2022/06/ukraine-civilian-casualty-update-21-june-2022) though the agency acknowledges the real death toll is likely much higher. ## Transcript Ladies and gentlemen, greetings from Ukraine, and thank you for the opportunity to address you. When I learned that I was named the Most Influential Person of the Year, I took it as a recognition of all of our people are doing, all Ukrainians who are defending the freedom and independence of our state. And I am honored to be a leader above all for these people. Besides myself, this year's, top five features Elon Musk; Prime Minister of the United Kingdom, Boris Johnson; medical workers who fought with COVID; and President of the United States Joe Biden. This ranking is made at a time when Europe is experiencing the worst war in 77 years. The war we cannot stop yet. Why so? Why cannot we stop the bloodshed? Why is our influence not working at full capacity, and why is a person who is not on our list at all holding millions of people hostage? I believe you will agree that these questions are now literally hanging in the air. But do you have the answers? The runner-up of our top list, top of the most influential, is Elon Musk, a man who launches rockets into space and knows how to amaze the world. A man who pushes the boundaries of the possible for both intelligence and technology. But the opinions of world leaders are not focused on Elon. Not on his rockets, which ensure progress in life. Opinions of world leaders are dedicated to those who launch rockets at civilians and destroy lives. In 105 days of the full-scale war, Russia has used about 2600 different missiles against Ukrainian cities. Most of them against civilian facilities, enterprises, railways, bridges, universities. Even residential buildings. One of such rockets killed three people in our city of Odessa at once. A three-months old girl named Kira. Her mother, and grandmother. Three generations, one family. Kira was only a month old when Russia started a full-blown war. What did she see in her life? And what did her assassination add to Russia's influence? At the beginning of this war, I spoke with Elon. He asked me what he could do to help, and help he did. Thanks to his technologists, we can provide our people with stable connection, even when Russian missiles destroy all infrastructure. But are there any world leaders who are worried about whether or not Elon will pick up the phone when they call him? Are those who worry whether he will accept them? Are there leaders who think about how long the table will be when Elon Musk sits down to talk to them? So what does the influence really give? What rockets? Those that serve science are those that serve death. Something has definitely slipped out of control, whether it's our own influence, which we begin to underestimate, or our attitude to leadership. Attitude to what it means to be a leader. I have so much respect for Boris Johnson. He is a true friend of Ukraine, and a staunch defender of freedom. But unfortunately, not all depends on him whether millions of people in Africa, Asia and Latin America will have food on their tables. It is the Russian fleet, not the British one nor any other, that has blocked Ukraine's Black Sea ports so that the world is on the brink of a terrible food crisis. And it's not simply a price crisis. We cannot export our wheat, corn, vegetable oil, and other products that have played a stabilizing role in the global markets. This means that unfortunately dozens of countries may face a physical shortage of food. Millions of people may starve if Russia's blockade of the Black Sea continues. We are constantly talking to Boris, and other leaders, on how to lift the Russian blockade of our ports and how to restore the freedom of navigation, one of the basic freedoms of all humankind. But while we are looking for ways to protect freedom, a different person is destroying it. A different person continues to blackmail the world with hunger. He is different in every sense of the word, particularly in the way this person is fighting for influence. And I have a question. Why is this otherness still acceptable to certain leaders and countries? I leave this question to you because, in fact, everyone has to answer it. First of all, for themselves. To feel deep inside what is called values. Do they exist? It is only fair that the medical workers who fought against COVID have been noted this year in the TIME vote. They really are the heroes of their time, and with their conscientious work, they have encouraged the whole world to unite. Finally, to unite. At first in different countries thought that it was enough to just close the borders and provide themselves. Themselves first, with a vaccine. But later it became clear that COVID-19 has no borders and cannot be dealt with only within national borders. Even the most advanced healthcare systems were not ready for the virus. And unfortunately, they had to go through a grievous injustice fighting with COVID-19 to find a vaccine to agree on common rules of response, a global mechanism for the distribution of vaccines. Why is this happening again? Why is it so difficult again? Weapons and sanctions are also a vaccine, a vaccine against COVID-22 brought by Russia. Hatred is a virus. And it's even more deadly than COVID-19. It is spread through propaganda, thanks to the impunity for murderers. Thanks to Russian oil, which is still on the global market. Thanks to money that is still flowing between the global financial system, and Russian banks. Thanks to the big companies which still believe that there is not enough blood on the money from the Russian markets. Although tens of thousands of people have died, and millions have been forced to flee their homes because of this war. When hatred knocks on your door, will you be ready? Will any face mask protect you from the crushing COVID-22? And why is the vaccine against it - weapons and sanctions - so difficult to get in sufficient quantities? Why do certain countries pretend as if COVID-22 does not exist, just like conspiracy theorists, there was no COVID-19? Why do some people learn nothing even from blood and death. I'm grateful to President Biden for uniting the free world when the Russian threat arose. Today, we have different tools to respond. These are defense support for Ukraine, financial aid, and political coordination among many countries. It is also the Land Lease, which brings back the meaning of the struggle for freedom that was relevant during World War 2, because the current threat is similar in scale. However, Russia's war against Ukraine is still ongoing, and right now as you are listening to my address, the Ukrainian military are dying on the battlefield. The Russian Army is shelling our cities with artillery and aircraft. The list of children killed by Russian strikes since February 24 already includes more than 260 names, and when will this end? In fact, this is the key question. But why is there still no answer? Why is our influence not enough for this? Are we cowards? No. Maybe we are missing something in our true strength. Maybe we are not using all the capacity of our influence and our leadership. And this is my question to the United States. To the parties, to society, to Democrats and Republicans, to Congress, and to the President. It is time to be 100% influential. We can defeat tyranny. Indeed, every one of us, every one is the leader of our time. We can reliably defend freedom. We can stop blackmail from that person, who has no place on our list, at all. If we are up to it, then we must do it. Because influence obliges us to do so. Thank you. 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