international european-union military laws-of-war ukraine
Would it be legal for foreign volunteers to fight in Ukraine?
<p>On Sunday 27 February at 7:15 AM GMT, the BBC reported that: (<a href="https://www.bbc.com/news/live/world-europe-60542877?ns_mchannel=social&amp;ns_source=twitter&amp;ns_campaign=bbc_live&amp;ns_linkname=621b20d30ce87e491a0ed4b2%26Ukraine%20asks%20foreign%20volunteers%20to%20help%262022-02-27T07%3A15%3A00.875Z&amp;ns_fee=0&amp;pinned_post_locator=urn:asset:2c21229c-757d-432e-be73-caccc909d90f&amp;pinned_post_asset_id=621b20d30ce87e491a0ed4b2&amp;pinned_post_type=share" rel="nofollow noreferrer">source</a>)</p>
<blockquote>
<p><strong>Ukraine asks foreign volunteers to help</strong><br />
Kyiv says it's establishing an &quot;international&quot; legion for foreigners wishing to
volunteer in support of Ukraine.  &quot;This will be the key evidence of
your support for our country,&quot; remarked President Volodymyr Zelensky
in a statement issued just now about Ukraine's new &quot;foreign legion&quot;.</p>
</blockquote>
<p>The use of the word &quot;legion&quot; suggest that these volunteers would become combatants.
Would it be legal for European citizens to join such a Ukrainian foreign legion, and take up arms in the Russia/Ukraine conflict? Would they have to wait until their own government formally gives permission to its citizens to join the Ukrainian military (like the Irish/British situation in WWII)? Would they risk being prosecuted when returning home, if they joined now without awaiting such a decision? And what would their status be if they were captured by Russian forces?</p>
<hr />
<p>Edit:</p>
<p>In a later <a href="https://www.bbc.com/news/live/world-europe-60542877?ns_mchannel=social&amp;ns_source=twitter&amp;ns_campaign=bbc_live&amp;ns_linkname=621b2de8ec502b53cd47feb8%26Ukrainian%20president%20invites%20foreigners%20to%20fight%20%27Russian%20war%20criminals%27%262022-02-27T07%3A59%3A08.540Z&amp;ns_fee=0&amp;pinned_post_locator=urn:asset:522c7883-01ab-43a6-85a0-cd82327acd53&amp;pinned_post_asset_id=621b2de8ec502b53cd47feb8&amp;pinned_post_type=share" rel="nofollow noreferrer">article</a>, the BBC quotes the Ukrainian president making the claim that it would be legal for foreign nationals to volunteer:</p>
<blockquote>
<p>A more detailed post says foreign citizens are legally allowed to join
Ukraine's defences, and that a separate division of fighters is being
formed called &quot;the International Legion for the Territorial Defence of
Ukraine&quot;.</p>
</blockquote>

<h2>It’s legal under Ukrainian law for foreign nationals to join their defense forces</h2>
<p>Indeed, this is so common it may be considered the default position internationally: the US, UK, France, and Australia just to name a few all allow this.</p>
<p>Generally, it’s usually legal for a citizen to join the army of a foreign state. It is usually not legal to fight for a non-state actor this is where fighters for ISIS are in trouble.</p>
<p>Where issues arise is if they take up arms against the country of their citizenship. That’s called treason and it usually attracts the most severe punishment available: death or life imprisonment typically.</p>
<p>So, as long as you aren’t Russian and are not from one of the few countries that prohibits foreign military service, there are no legal issues.</p>

<p><strong>It might not be legal, under Ukrainian law.</strong></p>
<p>The relevant law is (at the moment) available <a href="https://zakon-rada-gov-ua.translate.goog/laws/show/1702-20?_x_tr_sl=uk&amp;_x_tr_tl=en&amp;_x_tr_hl=en&amp;_x_tr_pto=sc#Text" rel="nofollow noreferrer">here</a>. Under Art 1 (and later articles), there is a possibility to be a volunteer of the Territorial Defense Forces of the Armed Forces of Ukraine if you are</p>
<blockquote>
<p>a citizen of Ukraine or a foreigner or stateless person who has been in Ukraine legally for the last five years and on a voluntary basis
enlisted in the voluntary formation of the Territorial Defense Forces
of the Armed Forces of Ukraine</p>
</blockquote>
<p>However, as I understand your question, you also mean &quot;A person in Finland who wants to travel and join up&quot;: this is not included under the most recent change to Ukrainian law. Art 9-10 address the staffing of the resistance force. There is no other provision for foreigners who don't meet the legal residence requirement.</p>
