On June 28th, Ukrainian President Volodymyr Zelensky announced the release of Ukrainian citizens, some previously recognized as political prisoners, from detention under the Lukashenko regime.
NAM expert opinion on the matter
Although Belarus committed an act of aggression against Ukraine by allowing its territory to be used as a staging ground for the Russian invasion, it is not legally considered a party to the armed conflict. Article 2 of the Geneva Conventions of 1949 outlines the conditions for recognizing a state as a party to an armed conflict, and Belarus does not meet these criteria.
Assuming the exchange adhered to the rules of the Fourth Geneva Convention of 1949, the parties involved were Russia and Ukraine, the two countries engaged in an international armed conflict. Therefore, the civilians returned to Ukraine, despite being detained in Belarus, were de jure handed over to Russia and treated as internees under Articles 41, 42, 43, 68, and 78 of the Fourth Geneva Convention.
Ukraine and Russia have established procedures for exchanging prisoners of war and interned civilians. This instance falls under that existing framework, with Belarus remaining legally outside the process.
However, this situation, along with other instances of direct military activity, provides further evidence that the armed conflict between Russia and Ukraine has extended into Belarusian territory. Therefore, while Belarus may not be a party to the conflict, it is accurate to state that the conflict is taking place on Belarusian soil between Ukraine and Russia.
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