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National
Jessica Riga

Three captured soldiers face an 'unprecedented' death penalty in Russia. What happens next?

Human rights groups fear the case could set a precedent for future prisoners of war. (Konstantin Mihalchevskiy/Sputnik via AFP)

Two Britons and a Moroccan who were captured while fighting for Ukraine have been sentenced to death in what critics have called an "unprecedented" situation that is tantamount to war crimes.

So what happens next? Will Russia go through with the death sentence? And why has the location of the case made it more complicated?

The prisoners can appeal

The court found the three men — Britons Aiden Aslin and Shaun Pinner and Moroccan Brahim Saadoun — guilty of "mercenary activities and committing actions aimed at seizing power and overthrowing the constitutional order of the DPR", Russian media claimed.

The three men were captured while fighting for Ukraine against Russia and Russian-backed forces.

Their lawyer said they would appeal the decision.

But even if their appeal is successful, they still face a life sentence.

A senior Ukrainian official says Russia us using the three prisoners as "hostages" to put pressure on the West over peace negotiations. (Konstantin Mihalchevskiy/Sputnik via AFP)

Russia has suggested a prisoner swap

Following their capture in April, the two Britons were shown on Russian TV asking to be freed in exchange for a Ukrainian ally of Russian President Vladimir Putin who had been detained by Ukrainian authorities.

"If Boris Johnson really does care like he says he does about British citizens, then he would help pressure [Ukrainian President Volodymyr] Zelenskyy to do the right thing and return Viktor [Medvedchuk] to his family — and return us to our families," Mr Aslin says in the video.

But previous discussions about a prisoner swap did not make any progress.

A senior Ukrainian official has said Russia wants to use the three prisoners as "hostages" to put pressure on the West over peace negotiations.

Vadym Denysenko, an Interior Ministry adviser, said on Friday Ukraine would coordinate its position on the sentences with Britain, the United States and the European Union.

"The trial of the foreigners raises the stakes in the Russian Federation's negotiation process. They are using them as hostages to put pressure on the world over the negotiation process," he said.

Peace talks between Ukraine and Russia are frozen. Russia has accused Ukraine of blocking talks, but Kyiv says Moscow is to blame.

The location of the court has made things complex

The men were sentenced to death by a court in the self-proclaimed Donetsk People's Republic (DPR), one of Russia's proxies in eastern Ukraine.

The DPR is one of two breakaway Russian-backed entities in the Donbas region of eastern Ukraine which Russia says it is fighting to "liberate" from Ukrainian forces.

The Donetsk People's Republic (DPR) and Luhansk People's Republic (LPR) are Russian-controlled portions of two larger Ukrainian regions.  (Foreign Correspondent: Emma Machan)

Three days before launching its February 24 invasion of Ukraine, Russia recognised them as independent states in a move condemned by Ukraine and the West as illegal.

Britain does not recognise the DPR and has not publicly engaged with local officials over the case.

Kremlin spokesperson Dmitry Peskov said earlier this week that should London raise the case directly with the DPR, this might amount to de-facto recognition of the region's independence.

There's talk of further sanctions

The Ukrainian foreign minister says he and Britain's defense secretary have discussed the plight of the three foreign fighters sentenced to death by pro-Russian separatists.

Dmytro Kuleba wrote on Twitter that he and Liz Truss "strongly condemned the sham trial against prisoners of war in Russian-occupied Donetsk" during a call on Friday.

"As combatants, they are protected by international humanitarian law and must be treated accordingly. We keep working together to ensure their release," Mr Kuleba tweeted.

Mr Kuleba said he and Ms Truss discussed ways to ratchet up pressure on Moscow and hinted that the UK is planning to impose a fresh round of sanctions on Russia.

"I look forward to the next round of UK sanctions. We both agreed that no one in the world has a right to get weary of this war until Ukraine prevails."

There are fears this could set a precedent

Human rights groups say the trial sentencing three men to death in the DPR was tantamount to war crimes.

"This is not a trial, there should be no decision which is called death penalty, which it even isn't. And they should be treated as any prisoners of war under the Geneva Conventions," said Amnesty International's deputy director for research at the Eastern Europe and Central Asia regional office, Denis Krivosheev.

He warned the court sentencing would not be a singular occurrence.

"We are worried this could happen again. This situation has no precedent," Mr Krivosheev said.

"This so-called Donetsk People's Republic has so-called criminal code in which it has so-called death penalty, which this time -- and this hasn't happened before -- they are applying to prisoners of war.

ABC/wires

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