Russian military commanders authorized to detain soldiers without judicial approval

The Moscow Times reports in a recent article that Russian President Vladimir Putin has signed a decree granting military commanders in operational zones the power to detain soldiers for infractions without a court decision. The decree amends the Armed Forces' Disciplinary Code, allowing unit commanders to sentence soldiers to up to 10 days of detention in temporary custodial facilities near the front lines, known as guardhouses. Previously, only military courts had this authority.

The new rules enable commanders, after conducting an internal investigation, to either take disciplinary action against soldiers or refer the matter to a military court. The Defense Ministry justified these changes by citing the distance between military courts and the front lines. It would disrupt military operations and waste resources, the ministry claimed.

Notably, guardhouses were reinstated in 2007 for serious misconduct cases, and since the Ukraine invasion, the Defense Ministry has revived field guardhouses in practice, creating secret detention sites for offenders. Offenses that can lead to detention include using smartphones and other devices while off-duty. Russia banned personal smartphones on the battlefield, except for combat use, after soldiers used them to expose abuses and documents incidents.

According to the article, the decree raises concerns about compliance with international human rights standards, particularly the European Convention on Human Rights, which Russia ratified in 1998. The changes may be seen as a further erosion of due process and judicial oversight in the Russian military. The article in The Moscow Times does not specify the conditions under which the detention is to be served, nor whether the individual soldier can seek review of the commander's decision to a higher authority.

In comparison, US military commanders can impose non-judicial punishment (NJP) for minor offenses, and this can include correctional custody for service members of junior non-officer ranks. Correctional custody is a form of punishment which restricts the individual's freedom of movement, often within a specific area, and can involve additional duties or restrictions. In combat zones, this form of detention is usually served within the unit's area of operations. This could be a designated area within the base camp or a similar secure location that allows for the enforcement of the restriction while minimizing disruption to the unit's mission. Depending on the rank of the military commander, the period of correctional custody could be up to 7 or to 30 days. It must be added that US service members generally have the right to refuse NJP and request a court-martial, save some exceptions, notably if the individual is embarked on a ship.

Returning to Russian military law, ironically, the increase in power given to military commanders is a response to the prohibition on using personal phones to report violations and abuses. Notably, International Humanitarian Law (IHL) imposes a duty on every soldier to report IHL violations, particularly under the principle of command responsibility.