Ukraine should pursue Protecting Powers provisions to advocate for establishing mixed medical commissions for POWs in russia, says Olena Belyachkova

In line with the Third Geneva Convention, Ukraine established a mixed medical commission in summer of 2023 to assess the health of prisoners and facilitate the transfer of those severely ill or wounded to a third country or back home. However, russia has not set up such a commission, and, according to experts, a neutral patron state may be needed to encourage russia to follow suit.

Olena Belyachkova, coordinator of the groups of families of POWs and missing persons at the MIHR and a lawyer, shared this view at a briefing at Media Center Ukraine. 

“Legal pathways do exist—we must apply the provisions and norms outlined in the Geneva Convention,” she stated. “The Geneva Convention’s annex on mixed medical commissions also introduces the role of a Protecting Power. We’ve already seen Türkiye actively engaged in this process, and recent exchanges have been facilitated primarily by third-party nations like the UAE and Qatar. This issue is less about legal requirements and more about political strategy—finding a politically influential third-party Protecting Power that could push russia, the aggressor nation toward finally forming these mixed medical commissions.”

Belyachkova believes that russia is avoiding the establishment of such a commission to evade accountability under the Geneva Convention. 

“We understand why russia is both unwilling and stays idle when it comes to establishing it [a mixed medical commission – Ed.]—it’s aware that it’s blatantly violating the Geneva Convention by disregarding critical requirements, failing to return the severely wounded and ill, and ultimately sending back the bodies of those who perished in captivity, often due to mistreatment or disease stemming from poor conditions,” she stated. “To prevent more tragic outcomes, we must seek out a third-party patron country that can help pave the way for establishing these mixed medical commissions on russia’s part.”

Read more: https://mediacenter.org.ua/news