The Australian Government has condemned Russia over the sentencing of Australian national Oscar Jenkins, describing his trial as a “sham” and expressing grave concerns for his welfare.

Mr Jenkins, a full-serving member of the regular Armed Forces of Ukraine, was reportedly captured by Russian forces and has now been sentenced to 13 years in prison following what officials in Canberra say was an illegitimate legal process.

In a strongly worded statement, the Australian Government said it is “appalled” by the outcome of the trial and has reiterated that, under international humanitarian law, Mr Jenkins must be treated as a prisoner of war.

“Russia is obligated to treat him in accordance with international humanitarian law, including humane treatment,” the government said, adding that it has made this position “clear” to Russian authorities.

The Department of Foreign Affairs and Trade (DFAT) is continuing to provide consular support to Mr Jenkins’ family. Australia is also working with Ukraine and international partners — including the International Committee of the Red Cross — to advocate for Mr Jenkins’ safety and eventual release.

“We continue to hold serious concerns for Mr Jenkins,” the government stated, emphasizing its commitment to securing his welfare and ensuring international legal obligations are upheld.

Mr Jenkins’ case is expected to be a subject of ongoing diplomatic pressure and international scrutiny amid rising tensions between Western nations and Russia.

How Oscar Jenkins Ended Up Fighting for Ukraine

Jenkins involvement in the War in Ukraine is part of a broader trend of foreign nationals volunteering or formally joining Ukraine’s military since the start of Russia’s full-scale invasion in 2022.

The Ukrainian Government set up International Legion of Territorial Defense of Ukraine since the start of the war. The unit was for foreigners, including Australians, Americans, Brits, and others who’re willing to support Ukraine in the ongoing War.

Legality of foreigners Involvement

Under International Law: Lawful Combatant.
If foreigners were formally enlisted in Ukraine’s regular armed forces, then they are classified as a lawful combatant under international humanitarian law (IHL). This status entitles them to combatant immunity (they cannot be prosecuted for lawful acts of war, such as engaging in battle), prisoner of war (POW) protections if captured, and humane treatment, including medical care, access to the Red Cross, and protection from torture.

Australia has no law prohibiting its citizens from joining foreign armed forces, provided they are not fighting against Australian interests or acting as unlawful combatants.

Russia’s Position
Russia argues that foreign fighters are mercenaries and therefore not entitled to lawful combatant under international law.