In a closed-door trial in Moscow, a Russian court has sentenced Stephen James Hubbard, a 72-year-old American citizen, to 6 years and 10 months in prison. The verdict, delivered on October 7, 2024, stems from charges of serving as a mercenary for Ukraine, a claim that has sparked controversy and raised questions about the case's validity.
Hubbard, a native of Michigan, had been residing in the eastern Ukrainian city of Izyum since 2014. Izyum, located in Kharkiv Oblast, had a pre-war population of approximately 45,000. According to Russian investigators, Hubbard allegedly received $1,000 monthly for his role in a Ukrainian territorial defense unit. It's worth noting that the minimum wage in Ukraine as of 2024 is approximately $200 per month.
The prosecution claims that Hubbard was detained by Russian forces on April 2, 2022, shortly after the escalation of the conflict. However, the circumstances surrounding his detention remain unconfirmed. The average life expectancy for American males is around 76 years, which adds to the skepticism surrounding the charges against the elderly Hubbard.
Family members have expressed doubt regarding Hubbard's reported confession. His sister, Patricia Hubbard Fox, stated:
"He is so non-military. He never had a gun, owned a gun, done any of that...He's more of a pacifist."
This statement contradicts the image of Hubbard as a mercenary, raising questions about the validity of the charges and the nature of his alleged confession.
The case highlights the complex legal and diplomatic issues surrounding the detention of foreign nationals. The Geneva Conventions prohibit the use of mercenaries in armed conflicts, and the term "mercenary" has specific legal definitions in international law. However, the concept of extraterritorial jurisdiction allows countries to prosecute foreign nationals for certain crimes committed within their borders.
Hubbard's case is not isolated. He is one of at least 10 Americans currently incarcerated in Russia. This situation persists despite a recent prisoner swap between Russia and Western countries on August 1, 2024, which resulted in the release of three Americans and dozens of others. The International Committee of the Red Cross often acts as a neutral intermediary in such exchanges.
The U.S. Embassy in Moscow, operating with reduced staff since 2021, has acknowledged awareness of an American citizen's detention but declined further comment. This response aligns with the Vienna Convention on Consular Relations, which governs diplomatic access to detained foreign nationals.
As tensions between Russia and the United States continue, cases like Hubbard's underscore the complicated history of detaining each other's citizens. The absence of an extradition treaty between the two nations further complicates such situations. As international observers await more information, Hubbard's case serves as a reminder of the intricate interplay between law, diplomacy, and geopolitics in today's world.