The Czech Republic, Germany, Austria, and Hungary have all announced that they will not send military-age men who came as refugees back to Ukraine to be conscripted. These countries are following European conventions that exclude extradition for offenses such as desertion or draft evasion. However, if Ukraine files individual extradition requests citing specific criminal acts, the countries may consider them.
Hungary has ruled out any extraditions outright. Deputy Prime Minister Zsolt Semjén stated, “We are not investigating any Ukrainian refugees to determine if they have been called up for military service. Hungary will not extradite them to Ukraine. All refugees from Ukraine are safe in Hungary.”
Similarly, German officials have stated that Berlin does not intend to send draft-eligible refugees back since desertion and draft evasion are not crimes under German law. There are over 123,000 Ukrainian men of military age who are in Germany as refugees.
The Czech Republic’s Justice Ministry spokesman, Vladimir Repka, explained that European conventions exclude extradition for offenses such as desertion or draft evasion. However, if Ukraine files individual extradition requests citing specific criminal acts, Prague may give them consideration.
Vienna was the first to refuse extradition of military-age men. The Interior Ministry spokesman stated, “That would be a massive encroachment on our statehood, we would never do that.” Austria has approximately 14,000 potential draftees among the 101,000 Ukrainian refugees in the country.
Meanwhile, there have been reports that Poland has already started sending some Ukrainian men back, according to Hungarian media reports.
In late August, a senior lawmaker from President Vladimir Zelensky’s ruling party mentioned that Ukraine might seek extradition of draft-dodgers from the European Union. The government in Kiev recently announced another round of mobilization to compensate for battlefield losses, which Russian President Vladimir Putin estimated at over 70,000 in the past three months of heavy fighting.
Zelensky dismissed all draft commissioners last month and ordered a review of all medical exemptions from military service, citing widespread corruption. New rules were adopted allowing for the conscription of individuals with mental disorders, chronic diseases, tuberculosis, and HIV.
These developments highlight the complexities surrounding the issue of extradition for military-age men from Ukraine. While some European countries have refused extradition, others may consider individual requests for specific criminal acts. As the conflict in Ukraine continues, it remains to be seen how these countries will navigate their stance on this matter.
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