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.

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Episode 2: Does Diplomacy Still Have a Chance in Ukraine?

Between the 15th and the 16th of June 2024, delegations from nearly 100 countries gathered in Bürgenstock Resort in Switzerland to discuss a path to peace in Ukraine. While Russia…

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The Camp David Pact: United States, Japan and South Korea establish an institutional basis for a trilateral security partnership in the Indo-Pacific

On 18 August, U.S., Japanese and South Korean leaders held a trilateral summit at the Camp David presidential retreat, in Maryland, to agree on a new security pact to expand security and economic cooperation, while establishing a bulwark against the two greatest security threats in the Indo-Pacific region, i.e., North Korea and China. The choice of such setting had a two-fold significance: first, following the footsteps of the US-brokered peace between Israel and Egypt in 1978, it marked the opportunity for Tokyo and Seoul to consolidate a long-meditated rapprochement after decades-long grievances between them. In this line, South Korean President Yoon Suk Yeol decided, not without domestic discontent, to put past the memories of Japanese occupation in the early 20th century. Secondly, it reflected the relevance attached by President Joe Biden to the initiative, especially given China’s central focus of his foreign policy.

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Diplomatic Means of Preventing Global Conflicts

Wars are considered to be dangerous and this is why preventive diplomacy is practised by a majority of states. Prevention diplomacy is commonly thought to be an indirect instrument for avoiding conflict and global disasters. A frequent question is raised in practice: “Is preventive diplomacy effective?”. This question aims to point out its importance and its tactful applicability. Many studies have shown the essence of what prevention diplomacy means. Some of the research considers it to be an “art of conducting relationships for gain without conflict” (Freeman et al., 2022). The purpose of preventive diplomacy is to strengthen the state or the nation. In consequence, if this measure fails, then war may ensue, even though diplomacy is useful even during a war.

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