It is reported that volunteers from numerous countries, including Great Britain, Canada, the United States, Japan, Georgia, Denmark, Latvia, Poland, and Croatia are interested in travelling to, or are already serving in Ukraine. This effort has been encouraged by Ukrainian President Zelensky who has announced the formation of an “ International Legion of Territorial Defence”. However, this has not stopped individual citizens from indicating they are willing to travel to the Ukraine to fight against the invading Russian forces. States have not been willing to risk wider conflict by intervening on behalf of Ukraine through the injection of military force. As will be discussed neutrality does matter regarding the protection some foreign nationals engaged in hostilities may enjoy if captured during armed conflict.Īs has been witnessed in NATO’s refusal to establish a “no-fly zone” there is a limit to the support that is being provided to Ukraine. While the present circumstances are unprecedented and unpredictable, legal analysis has suggested that under international law States have acted under a form of “qualified neutrality” (see here and here), they have not become co-belligerents and the support provided would not constitute a “use of force” under article 2(4) the United Nations Charter. The provision of armaments and supplies have raised complex international law issues as to whether the States involved, including Canada, may have acted inconsistent with the law of neutrality, or otherwise become Parties to the conflict. States have condemned Russia in the United Nations General Assembly, imposed significant sanctions, provided humanitarian aid to neighbouring countries and Ukraine, as well as ship armaments and other military supplies to Ukraine. The reaction by the international community to Russia’s invasion of Ukraine has been unprecedented and multi-faceted extending to action taken by both States and private corporations. Foreign Fighters, Mercenaries and the Ukraine Conflict
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