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The Conversation
The Conversation
Shannon Bosch, Associate Professor (Law), Edith Cowan University

Russia is labelling Oscar Jenkins a ‘mercenary’, not a prisoner of war. What’s the difference – and why does this matter?

Oscar Jenkins, a 33-year-old former teacher from Melbourne, was one of many foreigners who responded to Ukrainian President Volodymyr Zelensky’s call in 2022 for volunteers to join Ukraine’s armed forces to help repel Russia’s invasion.

In early 2024, Jenkins joined Ukraine’s International Legion of Territorial Defence, which has attracted some 20,000 fighters from 50 countries since the war began. He had no previous military experience, but this wasn’t a requirement to join.

In December, Jenkins was captured by Russian forces in Russian-occupied eastern Ukraine and accused of serving as a “mercenary” in Ukraine’s 66th Mechanised Brigade’s 402nd Rifle Battalion. He was tried in a Russian court and sentenced on May 16 to 13 years imprisonment in a maximum-security penal colony.

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