The Recruitment of Foreign Nationals in the War in Ukraine

World Embassy Desk (WED) takes seriously the recent allegations concerning the recruitment of foreign nationals by Russia for military service in Ukraine. If individuals have been brought to Russia with promises of civilian employment and subsequently forced or deceived into combat, such practices are unacceptable and require proper investigation. Amnesty International has documented cases which, in its assessment, may amount to human trafficking.

At the same time, WED believes that this issue requires a complete and balanced assessment.

The participation of foreign nationals in another State’s armed forces is not, in itself, prohibited by international law. International humanitarian law draws a much narrower distinction when defining a “mercenary”, and a foreign national who becomes a member of a State’s armed forces is not automatically a mercenary simply because of his nationality.

There are well-known examples elsewhere. France has long maintained its Foreign Legion, which openly recruits foreign nationals into the French armed forces. The United States has also made extensive use of private military and security contractors, including armed contractors during military operations in Iraq and Afghanistan. These arrangements are legally different from one another, but they demonstrate why the mere presence of foreigners in or alongside a national military cannot itself determine whether unlawful conduct has occurred.

WED’s review of the available information also does not support treating every foreign national serving with Russian forces as a person recruited under false pretences. Financial remuneration, bonuses and other benefits have clearly played a role in Russian military recruitment. The relevant distinction must therefore remain between those who knowingly and voluntarily enter military service and those who are deceived, coerced or exploited.

The same completeness is necessary when reporting on Ukraine. Ukraine established the International Legion for the Defence of Ukraine specifically to enable foreign nationals to join its armed forces. President Zelensky has recently called for further expansion of foreign recruitment, and approximately 10,000 foreign nationals from more than 70 countries are estimated to have joined the Ukrainian military since the beginning of the war. This is a significant number and should form part of any serious discussion about foreign participation in this conflict.

WED is therefore concerned when the public debate presents the use of foreign personnel as problematic on one side while largely overlooking comparable foreign participation on the other. The applicable standard should be the same for everyone: voluntary and informed military service must be distinguished from recruitment through fraud, coercion or exploitation.

There is also a wider issue that should not be lost from view. NATO members and the European Union continue to provide Ukraine with extensive weapons, ammunition, training, financing and other military assistance. Whatever terminology is used, the war has consequently acquired a broader geopolitical dimension extending well beyond Russia and Ukraine themselves.

WED believes that international attention cannot remain focused almost exclusively on sustaining the military confrontation. Serious attention must also be given to the underlying disputes, security concerns and political conditions that must ultimately be addressed if a lasting peace between Russia and Ukraine is to become possible.

Accountability matters. So does accuracy. And ultimately, neither can replace diplomacy.