In Ukraine, a debate is unfolding regarding the legal status of civilians who were captured by Russia and returned to their homeland. Current legislation provides certain guarantees to prisoners of war, but there are no clear rules for civilians that would protect them from forced mobilization.
Law No. 3633-IX, which entered into force on May 18, 2024, specifies that former prisoners of war have the right to be released from military service if they do not wish to continue it, and also exempts them from forced mobilization. However, this does not apply to civilian men who, like prisoners of war, were tortured and held in inadequate conditions.
The families of the released civilians turn to the Ombudsman of Ukraine, pointing out the injustice. They are concerned that the mobilization of these survivors, who have already survived captivity, may endanger their physical and mental health.
"For the first time, Ukraine faced a situation when the aggressor state violates the norms of international humanitarian law by detaining civilians. Our state has to independently create legal standards that can serve as an example for other countries," noted Ombudsman Dmytro Lubinets.
In order to resolve this issue, the Ombudsman suggests making amendments to:
- the law "On Mobilization Training and Mobilization" — to provide for a deferment from mobilization for civilians released from captivity;
- of the Law "On Military Duty and Military Service" — so that those released from captivity could stop military service.
According to Lubinets, the proposals have already been submitted to the specialized committees of the Verkhovna Rada, but there is no concrete reaction yet. The Ombudsman emphasizes that this issue needs public publicity in order to speed up the legislative process.
