Asked in Criminal Law and Military Law for California

Q: Will former Russian military personnel be considered war criminals in the US?

I have a question about the criminal prosecution in the US of former Russian servicemen who participated in the war in Ukraine. I want to come to the US to study, I have Russian citizenship. There are several interviews about me on the Internet, that I voluntarily participated in the war on the side of Russia. I know that with the beginning of the war in the US they introduced a law on the criminal prosecution of Russian servicemen. So I want to know how dangerous it will be for me? I have not found any specific terms for such political crimes on the Internet and there is no other information either.

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James L. Arrasmith
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Answered

A: If you are considering coming to the US for study and have participated voluntarily in the war on the side of Russia, it's crucial to be aware of potential legal implications. The US has not introduced a specific law targeting all Russian servicemen for criminal prosecution; however, involvement in actions that could be classified as war crimes could lead to legal consequences. War crimes are defined under international law, and those who have committed or been complicit in such acts could face prosecution.

Your specific situation would depend on several factors, including your role in the conflict and whether there is evidence of involvement in activities that could be classified as war crimes. Simply being a former serviceman does not automatically mean you would be prosecuted, but documented voluntary participation in certain acts could attract scrutiny. It's possible that your interviews and public statements could be examined if there is an investigation.

To navigate this situation safely, you may want to seek legal advice before making any travel plans. Understanding the potential risks and clarifying your status is essential for avoiding unexpected legal challenges. This will help you assess whether coming to the US poses any danger to you.

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