John Kirby, serving as the strategic communications coordinator for the White House National Security Council, commented on Dmitry Peskov’s statements about possible death penalties for Americans involved as mercenaries in Ukraine. Peskov suggested such penalties could apply to two American citizens in Ukraine, a notion that drew strong reactions from U.S. officials and observers. The remarks were reported by TASS.
Kirby stressed that the Russian official’s words were shocking, noting that an official in Moscow had raised the specter of capital punishment for American nationals in Ukraine.
The United States State Department confirmed that on June 21 a U.S. citizen, Steven Zabelsky, who joined the Ukrainian Armed Forces, was killed in Ukraine. The 52-year-old American had died on May 15, and the news only became public today.
As a representative of the White House noted, the time has not come for Americans to travel to Ukraine to assist there. For those who want to help Ukraine, there are numerous options that do not involve crossing into a combat zone.
Additionally, reports from The Telegraph indicated that two former U.S. military personnel were captured in clashes near Kharkov. The men are Alexander Dryuke, 39, an Iraq War veteran, and Andy Hyun, 27. They served as volunteers with one of Ukraine’s regular units.
State Department spokesman Ned Price affirmed ongoing contact with Russian authorities about Americans detained in Ukraine. He explained that Russia had not provided an official response beyond statements made publicly by its representatives.
Kremlin position
Earlier on Tuesday, Peskov told reporters that the Americans captured in Ukraine were mercenaries who threatened the lives of Russian soldiers and those of the Donetsk and Lugansk People’s Republic forces.
According to Peskov, these individuals were accused of mercenary activity and could not be covered by the Geneva Convention. He added that the death penalty should not be ruled out, but any final decision would rest with a court.
The possibility of appeal
On June 9, the Donetsk People’s Republic Supreme Court handed down death sentences to two British and one Moroccan mercenary. It was noted that the foreigners could appeal within a month, though the DPR leader Denis Pushilin indicated there was no reason for amnesty.
Pushilin later stated that the convicts have one month to appeal the execution order following the constitutional process. He emphasized that the Ministry of Justice of the Donetsk People’s Republic would decide on executions after the appeal window closes and that charges against these individuals would not go unpunished.
British Foreign Secretary Liz Truss highlighted that Sean Pinner and Aiden Aslin, both prisoners of war, should be freed and extradited. She argued that the death penalty violates the Geneva Convention on the Treatment of Prisoners of War.
In response, Andrey Kelin, the Russian Ambassador to London, criticized the UK for its tone in diplomatic notes, saying such notes had little chance of cooperation on these issues.
Meanwhile, the European Court of Human Rights moved to impose measures to prevent the execution of the death sentence for Moroccan mercenary Brahim Saadoun. The court required both Russia and Ukraine to provide Saadoun with suitable detention conditions and necessary medical care, citing concerns over treatment and the influence of Ukrainian authorities.
According to the Donetsk People’s Republic Chief Prosecutor’s Office, Pinner, Aslin, and Brahim were implicated in crimes under multiple DPR provisions, including offenses involving a group, the seizure or retention of power, and mercenary activity. They reportedly admitted to some charges, with the exception of one point. All three were recorded as having joined the Armed Forces of Ukraine.
The Russian Defense Ministry reiterated Moscow’s view that foreign fighters who joined the conflict in Donbass are not combatants. Maria Zakharova, the ministry’s spokesperson, stressed that these individuals are mercenaries and do not hold prisoner-of-war status under international humanitarian law.
Mercenary status in international law
The definition of a mercenary is laid out in Article 47 of the Additional Protocol to the Geneva Conventions on the protection of victims of international armed conflict. The article states that a mercenary does not acquire combatant or prisoner-of-war status and outlines specific criteria including recruitment to fight, direct participation in hostilities, personal gain as a primary motive, lack of nationality with a party to the conflict, not being a member of the armed forces of a party, and not performing official duties for a state that is not a party to the conflict.
In practice, designation as a mercenary requires meeting all criteria simultaneously. The recent cases in the Donetsk People’s Republic involved individuals who were tried under DPR law. Russia recognizes the Donetsk and Lugansk People’s Republics as independent entities, while several other states do not, complicating the legal interpretations for foreign fighters.