Russia has sentenced an Australian citizen to 13 years in a maximum-security prison for fighting alongside Ukrainian forces, state prosecutors in a part of eastern Ukraine controlled by Russia say.
Oscar Jenkins, a 33-year-old man from Melbourne, was convicted of being a “mercenary in an armed conflict” and sentenced to 13 years “in a strict regime penal colony” by a Russian-controlled court in Ukraine’s east Lugansk region.
The court had ruled he had taken part in combat operations against Russian troops between March and December 2024.
Russia and its eastern Ukrainian proxies consider foreigners travelling to fight in Ukraine as “mercenaries”.
This enables them to prosecute them under its criminal code, rather than treating them as captured prisoners of war with protections and rights under the Geneva Convention.
Russia-installed prosecutors said Jenkins “took part in combat operations against Russian military personnel between March and December 2024”.
They posted a video showing Jenkins standing in a courtroom behind a glass cage, his hands behind his back and his expression despondent.
Russian prosecutors posted a video showing Jenkins standing in a courtroom behind a glass cage. Source: Supplied / Prosecutors Office of Russian-controlled Luhansk
Wong says Jenkins must be treated as prisoner of war
Foreign Minister Penny Wong has sharply criticised Jenkins’ sentence, saying the Australian government was “appalled at the sham trial”.
Wong said that as a “full serving member of the regular Armed Forces of Ukraine”, Jenkins was a prisoner of war, and that the Australian government had demanded Russia give him “the protections afforded to him as a prisoner of war”.
“Russia is obligated to treat him in accordance with international humanitarian law, including humane treatment. We continue to hold serious concerns for Mr Jenkins.”
Wong said the Australian government was working with Ukraine and other partners, including the International Committee of the Red Cross, to advocate for Jenkins’ welfare and release.
Wong said the Department of Foreign Affairs and Trade continues to provide consular support to Jenkins’ family.
Foreign Minister Penny Wong said Russia was obligated to treat Jenkins in accordance with international humanitarian law. Source: AAP / Dominic Giannini
Opposition home affairs spokesperson James Paterson described the situation as an egregious breach of international law, echoing Wong’s comments.
“Russia is relying on, frankly, a unique reading of the law to arrive at the position that he could be treated any differently other than a prisoner of war,” he told reporters in Melbourne on Saturday evening.
“He is a prisoner of war, he was fighting for the Ukrainian National Army, he was part of the Ukrainian Army, and he’s afforded all the protections of the Geneva Convention under that.”
Ukrainian ambassador to Australia Vasyl Myroshnychenko has previously said his government added Jenkins to its list of prisoners of war and would negotiate for his release in an exchange. Source: AAP / Supplied
Russian forces captured Jenkins in December 2024.
, Prime Minister Anthony Albanese said: “We certainly have not.”
“[Australia will] continue to make representations to the reprehensible regime of Vladimir Putin on behalf of Mr Jenkins,” he said.
He said Australia remained committed to Ukraine’s fight “for the international rule of law” and reaffirmed that his government would consider sending troops to support a Europe-led peacekeeping force in Ukraine.
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