Notmercenaries:whatRussianpropagandagotwrongaboutforeignersintheUkrainianDefenseForces

In more than two and a half years of Russia’s full-scale invasion of Ukraine, there have been foreign citizens who voluntarily joined Ukrainians in their fight against the unprovoked military aggression. 

Though the exact numbers have not been made public, people from various countries and regions of the world have become a part of the specially formed International Legion or other units of the Armed Forces of Ukraine, and the National Guard of Ukraine.

Ukraine respects international laws and conventions, and having foreign volunteers in the military does not make an exception here, no matter how hard the Russian propaganda tries to show otherwise.

Ukraine does not recruit mercenaries 

Ukraine ratified the International Convention against the Recruitment, Use, Financing and Training of Mercenaries in 1993 – and stays true to that commitment. The convention extends on the Geneva Conventions Protocol I which in Article 47(1) states that a mercenary cannot be a lawful combatant or prisoner of war.

Foreign volunteers are not mercenaries 

The convention lists several points to define a mercenary. In particular, mercenaries are not members of the armed forces of the country at war. However, foreign citizens defending Ukraine against Russia’s invasion are: they serve in Ukraine’s Defense Forces alongside Ukrainian servicemen and have the same rights, obligations, legal status, and pay.

That contradicts another part of the definition of a mercenary: a person who is motivated by the desire for private gain and promised or paid significantly more than combatants of similar rank and functions in the armed forces. That is not true in this case. As a part of Ukraine’s Defense Forces, foreign citizens have the same salary and other financial benefits as Ukrainian citizens.

Foreign citizens officially enlisted into the AFU units are combatants, not mercenaries. This status is important: combatants cannot be prosecuted just for their participation in hostilities by the

opposing party. Moreover, they have the right to the status of a prisoner of war and, therefore, protection under the Geneva Convention for the Protection of Prisoners of War of 1949.

Ukrainian laws on military service for foreigners

The Law “On Military Duty and Military Service” defines the basic approaches and principles of military service by foreign citizens in Ukraine:

– military service is performed by foreign citizens and stateless persons on a voluntary basis and under a contract;

– foreign citizens may be appointed to the privates or non-commissioned officers’ positions in the Armed Forces of Ukraine, the State Transport Special Service, and the National Guard of Ukraine.

– the basic requirements to enlist include: age 18-60; no previous convictions; legal grounds to stay in Ukraine; health condition fit for military service; sufficient level of physical fitness; passing the professional and psychological selection.

In addition, the Regulation on military service of foreign citizens and stateless persons in the AFU, approved by the Presidential Decree in 2016, outlines all aspects of foreigners’ military service in detail. It includes a typical contract, which is an official document and the legal basis for foreign citizens in the AFU, and defines the mutual obligations between them and the AFU.

Beyond legal issues, all Ukrainian defenders, Ukrainian and foreign citizens alike, have the immense gratitude of the Ukrainian people for their service and their devotion in the fight against Russia’s brutal and unprovoked invasion.

This is a fight not only for Ukraine but for freedom as such. Ukraine fights for the rightful cause of restoring respect to the UN Charter and international law. This is why joining the ranks of Ukraine’s Defense Forces is a morally and legally rightful choice for any individual who respects freedom, life, and the rule of law, regardless of this individual’s nationality.  

Find a detailed guide on foreigners in the Ukrainian Defense Forces here.
Visit the website of the International Legion for more information here