Explainer | Is it legal for foreigners to fight for Ukraine against Russia?
- Citizens of countries including Canada, UK and the US among reported volunteers joining the fight
- Russia has warned that Western ‘mercenaries’ would not be treated as lawful combatants
As thousands of would-be fighters from outside the country volunteer to help Ukraine defend itself against Russia’s invasion, some may also face legal consequences in their home countries.
Below is a summary of some of the laws governing foreigners who have signed up for Ukraine’s “international legion”.
Is it legal for Americans to volunteer?
US citizens are not barred from serving in another country’s military, the State Department’s website says. Serving as an officer or fighting against a country that is at peace with the United States can be grounds for giving up citizenship voluntarily, but Supreme Court precedent says foreign military service alone cannot be used to strip Americans of citizenship.
A separate US law dating back to 1794, the Neutrality Act, prohibits citizens from making war against foreign governments at peace with Washington and carries a prison sentence of up to three years. The law, which could technically apply to volunteer military action against Russia, was used to prosecute Americans involved in an attempted coup in Gambia in 2014. But otherwise it has been rarely enforced in modern history, according to David Malet, a professor at American University in Washington.
