Is it Legal for Foreigners to Fight for Ukraine?

Ben Grant and other foreign fighters from the UK pose for a picture as they are ready to depart towards the front line in the east of Ukraine following the Russian invasion, at the main train station in Lviv, Ukraine, March 5, 2022. (Reuters)
Ben Grant and other foreign fighters from the UK pose for a picture as they are ready to depart towards the front line in the east of Ukraine following the Russian invasion, at the main train station in Lviv, Ukraine, March 5, 2022. (Reuters)
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Is it Legal for Foreigners to Fight for Ukraine?

Ben Grant and other foreign fighters from the UK pose for a picture as they are ready to depart towards the front line in the east of Ukraine following the Russian invasion, at the main train station in Lviv, Ukraine, March 5, 2022. (Reuters)
Ben Grant and other foreign fighters from the UK pose for a picture as they are ready to depart towards the front line in the east of Ukraine following the Russian invasion, at the main train station in Lviv, Ukraine, March 5, 2022. (Reuters)

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.

Citizens of Canada, Georgia, India, Japan, the United Kingdom and the United States are among the volunteers, Reuters and other media organizations have reported.

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, DC.

"Absent links to domestic terrorism, it's hard for me to imagine Americans being prosecuted for going to Ukraine," Malet said.

What about Australian, British and Indian volunteers?

Britons traveling to Ukraine to fight could be subject to prosecution upon return, according to a UK Foreign Office travel advisory last updated Wednesday. Asked by Reuters what charges would apply to UK volunteers, a spokesperson for the British Foreign Office declined to comment.

The United Kingdom's Foreign Enlistment Act, last updated in 1870, blocks citizens from joining foreign militaries fighting countries at peace with Britain, but it has not been applied to modern conflicts. The UK Foreign Secretary initially voiced support for citizen volunteers to fight in Ukraine, but later warned against any travel there.

Australian prime minister Scott Morrison has urged his country's citizens not to join the military fight in Ukraine, telling reporters last month that there are "uncertainties" about the legal position of foreign civilian combatants.

The Indian Ministry of Home Affairs did not respond to a request for comment about the legality of Indian citizens joining the Ukraine forces. In a case involving Indians traveling to Iraq in 2015, the ministry told the Delhi High Court that allowing Indians to participate in another country's conflict "would lead to the allegation that the Indian government is promoting terrorism in other countries."

Have any countries given the all-clear?

Germany has said it will not prosecute volunteers who join the fighting, and Danish and Latvian leaders said they would allow their citizens to volunteer.

Canadian defense minister Anita Anand has said whether Canadians volunteer is "an individual decision."

What if foreign fighters are captured in Ukraine?

International law requires Russian forces to treat foreign fighters as prisoners of war, regardless of their nationality, said Daphné Richemond-Barak, a professor with the Lauder School of Government, Diplomacy and Strategy in Israel. That means Russian soldiers must give volunteers who are captured food, water and medical treatment.

However, a Russian Defense Ministry spokesman last week said Western "mercenaries" fighting for Ukraine would not be treated as lawful combatants and would face criminal prosecution or worse, according to Russian news agency TASS.

Could volunteers be prosecuted for wartime conduct?

Because volunteers will be fighting as members of the Ukrainian army, they are unlikely to face charges in their home country over their specific actions in the war, with the exception of prosecution for war crimes or similar conduct, experts say.



What to Know about the Tensions between Iran and the US before Their Third Round of Talks

The flags of US and Iran are displayed in Muscat, Oman, 25 April 2025. Iran and US will hold third round of nuclear talks on 26 April 2025, in Muscat. (EPA)
The flags of US and Iran are displayed in Muscat, Oman, 25 April 2025. Iran and US will hold third round of nuclear talks on 26 April 2025, in Muscat. (EPA)
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What to Know about the Tensions between Iran and the US before Their Third Round of Talks

The flags of US and Iran are displayed in Muscat, Oman, 25 April 2025. Iran and US will hold third round of nuclear talks on 26 April 2025, in Muscat. (EPA)
The flags of US and Iran are displayed in Muscat, Oman, 25 April 2025. Iran and US will hold third round of nuclear talks on 26 April 2025, in Muscat. (EPA)

Iran and the United States will hold talks Saturday in Oman, their third round of negotiations over Tehran’s rapidly advancing nuclear program.

The talks follow a first round held in Muscat, Oman, where the two sides spoke face to face. They then met again in Rome last weekend before this scheduled meeting again in Muscat.

Trump has imposed new sanctions on Iran as part of his “maximum pressure” campaign targeting the country. He has repeatedly suggested military action against Iran remained a possibility, while emphasizing he still believed a new deal could be reached by writing a letter to Iran’s 85-year-old Supreme Leader Ali Khamenei to jumpstart these talks.

Khamenei has warned Iran would respond to any attack with an attack of its own.

Here’s what to know about the letter, Iran’s nuclear program and the tensions that have stalked relations between Tehran and Washington since the 1979 revolution.

Why did Trump write the letter? Trump dispatched the letter to Khamenei on March 5, then gave a television interview the next day in which he acknowledged sending it. He said: “I’ve written them a letter saying, ‘I hope you’re going to negotiate because if we have to go in militarily, it’s going to be a terrible thing.’”

Since returning to the White House, the president has been pushing for talks while ratcheting up sanctions and suggesting a military strike by Israel or the US could target Iranian nuclear sites.

A previous letter from Trump during his first term drew an angry retort from the supreme leader.

But Trump’s letters to North Korean leader Kim Jong Un in his first term led to face-to-face meetings, though no deals to limit Pyongyang’s atomic bombs and a missile program capable of reaching the continental US.

How did the first round go? Oman, a sultanate on the eastern edge of the Arabian Peninsula, hosted the first round of talks between Iranian Foreign Minister Abbas Araghchi and US Middle East envoy Steve Witkoff. The two men met face to face after indirect talks and immediately agreed to this second round in Rome.

Witkoff later made a television appearance in which he suggested 3.67% enrichment for Iran could be something the countries could agree on. But that’s exactly the terms set by the 2015 nuclear deal struck under US President Barack Obama, from which Trump unilaterally withdrew America.

Witkoff hours later issued a statement underlining something: “A deal with Iran will only be completed if it is a Trump deal.” Araghchi and Iranian officials have latched onto Witkoff’s comments in recent days as a sign that America was sending it mixed signals about the negotiations.

Yet the Rome talks ended up with the two sides agreeing to starting expert-level talks this Saturday. Analysts described that as a positive sign, though much likely remains to be agreed before reaching a tentative deal.

Why does Iran’s nuclear program worry the West? Iran has insisted for decades that its nuclear program is peaceful. However, its officials increasingly threaten to pursue a nuclear weapon. Iran now enriches uranium to near weapons-grade levels of 60%, the only country in the world without a nuclear weapons program to do so.

Under the original 2015 nuclear deal, Iran was allowed to enrich uranium up to 3.67% purity and to maintain a uranium stockpile of 300 kilograms (661 pounds). The last report by the International Atomic Energy Agency on Iran’s program put its stockpile at 8,294.4 kilograms (18,286 pounds) as it enriches a fraction of it to 60% purity.

US intelligence agencies assess that Iran has yet to begin a weapons program, but has “undertaken activities that better position it to produce a nuclear device, if it chooses to do so.”

Ali Larijani, an adviser to Iran’s supreme leader, has warned in a televised interview that his country has the capability to build nuclear weapons, but it is not pursuing it and has no problem with the International Atomic Energy Agency’s inspections. However, he said if the US or Israel were to attack Iran over the issue, the country would have no choice but to move toward nuclear weapon development.

“If you make a mistake regarding Iran’s nuclear issue, you will force Iran to take that path, because it must defend itself,” he said.

Why are relations so bad between Iran and the US? Iran was once one of the US’s top allies in the Middle East under Shah Mohammad Reza Pahlavi, who purchased American military weapons and allowed CIA technicians to run secret listening posts monitoring the neighboring Soviet Union. The CIA had fomented a 1953 coup that cemented the shah’s rule.

But in January 1979, the shah, fatally ill with cancer, fled Iran as mass demonstrations swelled against his rule. The revolution followed, led by Khomeini, and created Iran’s theocratic government.

Later that year, university students overran the US Embassy in Tehran, seeking the shah’s extradition and sparking the 444-day hostage crisis that saw diplomatic relations between Iran and the US severed. The Iran-Iraq war of the 1980s saw the US back Saddam Hussein. The “Tanker War” during that conflict saw the US launch a one-day assault that crippled Iran at sea, while the US later shot down an Iranian commercial airliner that the American military said it mistook for a warplane.

Iran and the US have see-sawed between enmity and grudging diplomacy in the years since, with relations peaking when Tehran made the 2015 nuclear deal with world powers. But Trump unilaterally withdrew America from the accord in 2018, sparking tensions in the Middle East that persist today.