Iryna Didenko, Deputy Head of the Department - Head of the Legal Assistance and Extradition Directorate of the International Co-operation Department of the Office of the Prosecutor General

 

Recently, as part of a prisoner exchange, more than 20 combat medics were returned to Ukraine from Russian captivity. While in captivity, they suffered numerous egregious human rights violations. However, even those who experience such abuses are not always aware that these acts constitute crimes and that enemy soldiers or officials should be held accountable.

From a legal perspective, the status of a medic in captivity is complex, even for legal professionals. At the same time, there is a lack of accessible materials that explain medics' rights—and, equally important, their obligations—in simple terms. Therefore, in this column, I aim to outline the key provisions of international humanitarian law that combat medics and their families should know.

Civilian or Military?

At first glance, it may seem that a combat medic, given their military rank, is automatically considered a combatant. However, the reality is more nuanced. Under international humanitarian law, a special category exists for all those who perform exclusively medical duties during wartime—"medical personnel."

Medical personnel include not only those who directly provide care to the wounded and sick (doctors, surgeons, dentists, pharmacists, orderlies, nurses, etc.) but also administrative staff who indirectly support medical assistance: administrators, hospital cooks, cleaners, and those involved in the operation or management of medical transport. All these categories fall under medical personnel as long as they exclusively perform medical duties and do not engage in activities that harm the enemy.

Guarantees and Rights

Medical personnel and staff of medical units, even if they hold military ranks, are not combatants if they do not engage in combat-related tasks. What does this mean for those falling under this definition? It means they are protected under international humanitarian law.

To facilitate the search, transport, and provision of necessary care to the wounded and sick, international humanitarian law (IHL) grants medical personnel and their transport special protection status. This includes the following guarantees:

- Medical personnel must be respected and protected at all times. They must not be targeted.

- Medics have the right (and, in some cases, the obligation) to wear distinctive insignia for easy identification.

- They must be provided with necessary assistance and must not be forced to perform duties unrelated to their medical responsibilities.

- The use of medical resources is restricted and permitted only in extreme cases.

- If captured, medics are not considered prisoners of war but may be detained solely to provide medical care to prisoners of war, primarily from their own armed forces.

- An exception applies to service members trained as orderlies, nurses, or stretcher-bearers: if captured while performing these duties, they are considered prisoners of war but may still be involved in medical care.

 

Violations of this protection—including deliberate attacks on medical personnel, evacuation transport, or medical facilities, or obstructing their work—constitute serious breaches of the laws and customs of war and may be classified as war crimes under Article 438 of the Criminal Code of Ukraine.

Obligations of Medics in Captivity

Based on the above, medics should not be detained or taken as prisoners of war. However, under certain circumstances, they may be "held" by the opposing side and required to provide medical services, primarily to prisoners of war from their own army.

If detained, they retain all rights under the Geneva Convention on the Treatment of Prisoners of War of August 12, 1949. Additionally, they have the following rights and guarantees:

- To continue performing their medical duties in accordance with professional ethics, within the military laws and regulations of the detaining power, under the supervision of its competent authorities.

- To access prisoners of war in labor units or hospitals outside the camp; the detaining state is obligated to provide them with necessary transportation.

- In each camp, the senior medical officer of the highest rank is responsible to the camp’s military authorities for the professional activities of detained medical personnel.

- Medical personnel and chaplains have direct access to the military and medical authorities of the camp regarding any issues arising from their duties; camp authorities must also allow them to correspond on such matters.

- While detainees must adhere to the camp’s internal regulations, medical and religious personnel must not be required to perform tasks beyond their medical or religious duties.

Reality and Practice

Unfortunately, Russia systematically disregards international law. The unlawful detention of civilians and medical personnel is no exception.

Since February 24, 2022, thousands of cases of unlawful deprivation of liberty, torture, inhumane treatment, and other fundamental human rights violations have been documented in Ukraine. Among them are hundreds of crimes against medics.

Most of these criminal cases are investigated at the locations where Russian authorities detained or captured Ukrainian citizens. Additionally, the Office of the Prosecutor General is overseeing a major criminal case on crimes against medics, where prosecutors and investigators are collecting all evidence to prove the systemic nature of these violations. The goal is to eventually present these cases before international judicial bodies.

What to Do If Your Loved Ones Are Medics in Captivity

If your relatives or acquaintances are medics held in captivity, you can report the crime committed against them (as in most cases, their detention violates the Geneva Conventions).

Contact:

- The Citizen Reception Office of the Prosecutor General’s Office by phone at (044) 200-75-70 or via email at [email protected].

- The local prosecutor’s office in your area.

- The national police hotline at 102.

- The NGO "Medics in Captivity" (website: https://military-medics-ua.org/ ).

Remember, your testimony matters. It is a step toward justice and, potentially, compensation. It is also your contribution to holding Russia accountable for all committed crimes—in both Ukrainian and international courts and tribunals.