Australian captured by Russia risks becoming bargaining chip

The capture of an Australian soldier by Russian forces has brought home the realisation that, in addition to death, foreign fighters risk being played as international bargaining chips.

Oscar Jenkins, a 32-year-old Melbourne man fighting with the International Legion for the Defence of Ukraine in the Donbas region, appeared in social media footage wearing military camouflage clothing with his hands tied. He was slapped across the face by a man speaking in Russian who demanded his nationality. “I’m Australian,” Jenkins replied.

The footage was shared by Alexander Sladkov, a Russian propagandist and military correspondent for Russia 1 and Russia 24 TV channels. Russia has classified foreign fighters as mercenaries and, as such, they are denied POW privileges and can be prosecuted. Sladkov said the Australian would face trial and prison.

Under Russia’s criminal code, “mercenarism” can attract up to 15 years in prison. The Kremlin is reportedly handling almost 600 criminal cases against foreign fighters – mostly citizens of the United States, Georgia, Britain, Canada, Lithuania and Latvia.

The Ukraine foreign legion has reportedly attracted more than 20,000 recruits, but the number of Australians fighting for Ukraine remains unclear. Reports vary between 30 and 200 men. But eight Australians have died since Russia invaded in February 2022. It is also unknown if the Australian fighters have patriotic links to Ukraine or are soldiers of fortune. Jenkins had been living and teaching in China since 2015 before joining the foreign legion.

At the start of the war, the federal government cited the Foreign Incursions and Recruitment Act to warn that Australians could break the law if they went to fight in a foreign conflict, leaving them exposed to sanctions if they came home. However, no one has been charged to date.

But the identity of some of the Australians fighting in Ukraine is well known among the emigre community. Online, Australian-run accounts, including some collaborating with Russian military bloggers, have been running a campaign against those fighting in Ukraine – “doxxing” them by posting their names, photos and personal details, and calling for their capture or “extermination” if they return home. Their families are also often harassed.

To the Russians, foreign fighters are a sought-after weapon. They actively hunt for foreign fighters to secure prisoner swaps. Listening for foreign accents on battlefield radios is common practice. Last August, at least 24 people were involved in a prisoner exchange between Russia and some Western countries, including the US and Germany.

Australia’s support for Ukraine in this geopolitical crisis has been ongoing and includes supply of materials, vehicles, weapons, munitions and training. Last week, Minister for Foreign Affairs Penny Wong announced Australia would reopen its embassy in Kyiv almost three years after it closed.

Foreign wars have always been a temptation for expats, idealists and mercenaries. But the capture of Jenkins, now a potential negotiating tool for the Russians, has revealed the heightened risks facing individuals who go to war on their own.

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