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Artem Nazarko

Doubtful Legislative Innovations: Criminalising Wartime Collaboration during Russian Aggression in Ukraine

Updated: Sep 13

1. Historical Overview of Wartime Collaboration

 

In situations of armed conflict, it is almost inevitable that there will be instances of civilians or combatants cooperating with the opposing side. The parties involved in the conflict often attempt to gain an advantage by turning their opponent's people against them. At the same time, individuals may collaborate with the enemy for various reasons, including personal conviction, desperation, or coercion.[1] As historian Gerhard Hirschfeld says, wartime collaboration ‘is as old as war and the occupation of foreign territory’.[2]

 

There is ongoing debate about the precise definition of collaboration.[3] However, common practices can be categorised as wartime collaboration, such as sharing information with the opposing side, defecting to fight for the enemy’s forces, engaging in propaganda activities on behalf of the enemy, or providing administrative support to an occupying power.[4] 

 

Notably, international humanitarian law, which applies in armed conflicts, does not explicitly prohibit these activities or the recruitment of collaborators.[5] However, it does forbid the use of coercion for such purposes, particularly against prisoners of war or civilians in occupied territories.[6] The repercussions for those involved in collaboration may not become apparent until after the armed conflict has ended. This delay in consequences typically occurs when evidence of their actions becomes known, power dynamics shift, and a relative sense of stability returns, making it possible to hold these individuals accountable for their actions.[7]

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