Can foreigners legally fight in Ukraine-Russia war?
The world over countries are trying their best to keep themselves from getting militarily entangled in a war between Ukraine and Russia. But the individual citizens of several of these countries seem to have other ideas. Tens of thousands of foreigners from the US, UK, Canada, and even India are flocking to or have flocked to Ukraine to fight the war against Russia.
In the Ukraine Army, international fighters have a separate unit as well, known as the International Legion for the Territorial Defense of Ukraine. They are all set to take on Putin’s soldiers and tanks. Foreigners have been volunteering to fight for a country that is not their home after Ukrainian President Volodymyr Zelenskyy on February 27, 2022, gave a call for foreigners to help them in their war.
❗️Appeal to foreign citizens to help Ukraine in fighting against Russia’s aggression❗️ https://t.co/IAhD2MPbJD
— Defence of Ukraine (@DefenceU) February 27, 2022
A 21-year-old Indian man from Tamil Nadu, Sainikhesh Ravichandran, who was rejected from the Indian Army, has also joined the war in Ukraine. Stories of legendary fighters like ‘Wali’, dubbed one of the world’s best snipers, are reported to have joined the Ukrainian Army too.
Military veterans, neo-nazis and even school teachers from close and far - Lithuania, US, UK, Canada, Belarus and more – have joined the legion. All of them have their own reasons for joining the fight – some feel that Russia’s invasion of Ukraine was unfair; others are doing it out of humanity.
However, two can play the game, and Vladimir Putin also gave a green signal for recruiting foreign fighters in its invasion of Ukraine. Russian Defence Minister said that 16,000 volunteers from the Middle East, some even ISIS fighters are ready to join Russian forces in the invasion of Ukraine.
Foreign fighters joining Ukraine conflict. Kyiv has growing "foreign legion" of volunteer fighters from rest of Europe. Russia looks to Syria where thousands of battle-hardened mercenary fighters said signing up.Mercenarization, outsourcing of warfare now common everywhere.
— Rashid Abdi (@RAbdiAnalyst) March 13, 2022
There’s even a website called fightforua that guides foreigners on how to apply and volunteer for fighting in the country.
Of course, there are pros and cons to the foreigners fighting scheme. The biggest con is that Russians have said the foreign fighters will be treated as mercenaries, so they will not be treated as PoWs and are vulnerable to abuse and worse. And also, foreigners can drag their entire countries into the conflict.
But most importantly, how legal is it to fight a foreign war?
1. INDIA
20000 foreign fighters coming to #StandWithUkraine shoulder to shoulder with our military. And we wait to welcome you
— Lesia Vasylenko (@lesiavasylenko) March 6, 2022
There is no consensus on whether it is legal for Indians to join a foreign war. Reuters reported that the Indian government did not respond to its questions on the topic. There are several Indians including army veterans who have written to the Indian Embassy in Ukraine for visas to allow them to fight, but there is no response. While it is unclear whether it is legal or illegal for Indians to join a foreign war, in 2015, when some Indians joined the war in Iraq, the government had told the Delhi High Court that by doing so the country will come under allegations of sponsoring terrorism during the conflict.
Quartz India reported that the Indian law forbids its citizens from joining foreign militaries.
2. THE US
From an American volunteer on the front lines outside of Kyiv: "Sitting close to the frontline, the last safe mode of transportation leaves for greener pastures. A core group of about 30 foreign fighters remains out of around 200 people who were here just minutes ago..." 1/
— Nolan Peterson (@nolanwpeterson) March 13, 2022
The law is ambiguous here. Reuters reports the US Department of State says Americans can serve in foreign militaries. But joining the fight against a country that is at peace with the US can be grounds for stripping the person of his/her citizenship. Though the US Supreme Court says it cannot be the only reason for stripping someone of their citizenship.
A country at peace means a nation that is not at war with the said country. Russia technically is a country at peace with the US, since the two don’t have direct military confrontation going on.
Moreover, there is also a 1794 Neutrality Act that forbids US citizens from being involved in military conflict with a country at peace with the US. It was used in 2015 to prosecute those Americans who were involved in an attempted coup in Gambia in 2014.
Recently, the US state department urged Americans not to become foreign fighters saying that entering Ukraine risks the national security of the US.
3. THE UK
The UK has issued a new advisory stating that Britons volunteering to join Ukrainian forces in the war with Russia will be prosecuted upon return. Though there is no clarity on what charges could apply. Initially, though, the UK Foreign Secretary had voiced support for those willing to join the fight in Ukraine.
4. AUSTRALIA
Australian Prime Minister Scott Morrison also discouraged citizens from joining the war, saying that there could be ‘uncertainties’ with regards to legal action when they return back home.
5. CANADA
Unlike other countries, Canadian Defence Minister Anita Anand said it would be an individual decision if a citizen decides to join the war.
6. GERMANY, LATVIA, DENMARK
Germany, Latvia and Denmark have given a green signal to their citizens willing to fight for Ukraine and assured them that they will not face prosecution upon return.
Our train into Ukraine today contained several foreign fighters. This man, from Sweden, has no military training. He showed up with a bottle of whisky and a wedge of cheese. “I want to kill Putin’s friends,” he said. pic.twitter.com/t0tsALAZJJ
— Amie Ferris-Rotman (@Amie_FR) March 6, 2022
It wouldn’t be the first time in history that people would join a foreign fight far from home. Such examples are ripe in the history of wars. One such example is when around 35,000-40,000 foreigners in the 1930s joined the Spanish war.
On March 13, 2022, Russian forces struck a Ukrainian military base near the Poland border which was housing foreign military aid and workers. At least 35 people were killed in the attack. Russia also claimed to have killed 180 ‘mercenaries’ or foreign fighters so far in the conflict.
Foreign fighters arrive at the border in Poland with plans to enter Ukraine to fight Russian invaders. https://t.co/DBkI560kpZ pic.twitter.com/SgHOGHmt8L
— War videos. (@xalimne) March 6, 2022
The road to joining the international legion is not easy. Many don’t get a green signal from their domestic governments and others are rejected due to lack of experience. But it’s not that people are joining the Ukrainian forces only to fight on the frontline, some combat medics are also stepping up to volunteer. Nonetheless, it’s a tough choice.