Chapter

Foreign fighters in the framework of international armed conflict between Russia and Ukraine

Anastasia Frolova

The use of force against Ukraine and international law : jus ad bellum, jus in bello, jus post bellum

The Hague : Asser Press, 2018

p. 237-259

English

Bibliographie : p. 257-259

With the recent increase in the number of foreign nationals travelling abroad to take part in armed conflicts, many publications are dealing with issues related to the status of foreign fighters, as well as rights and obligations of states towards them. However, neither a universal definition of the term foreign fighter has been proposed, nor does a comprehensive analysis exist of the status of foreign fighters in the situation of an armed conflict. At the same time, reality continues to provide new challenges for international lawyers. The ongoing armed conflict on Ukrainian territory is characterized by a very high level of foreign nationals’ involvement (on all sides), as well as other specific features that were not too common in previous conflicts. In the present chapter, we will try to answer the question about whether existing international humanitarian law is prepared for such challenges, and whether the introduction of a “foreign fighter” category makes sense in this context.

• Full text (restricted access : ICRC)

• The use of force against Ukraine and international law : jus ad bellum, jus in bello, jus post bellum / Sergey Sayapin, Evhen Tsybulenko, eds.