Negotiating Freedom: The Legal Complexities of International Prisoner Exchanges
The prisoner exchange between Russia and the West that occurred at the start of this month on August 1st surprised the international community (The Washington Post, 2024). On top of that, it garnered significant attention for being the largest prisoner exchange between Russia and the West since the Cold War due to its multinational nature and the high profile of the prisoners involved (The Washington Post, 2024). As Russia released twice as many prisoners as the West did, including notable activists and journalists, media outlets have framed the exchange as a diplomatic victory for the West (BBC, 2024). Academia, however, must examine this exchange more critically and address the legal complexities that arise from ‘hostage diplomacy’ and prisoner exchanges, as well as the diplomatic and political implications of such agreements. The lack of international treaties explicitly regulating the exchange of prisoners has led to the topic largely regarded as a political exercise rather than a legal one. Nonetheless, this article proposes several international frameworks that can be applied in such situations. This article briefly analyses the different categories of prisoners involved and which international framework applies accordingly . Finally, the article examines the political implications of these exchanges, particularly their potential to set precedents for future scenarios.
