The Ukraine-Russia conflict: An international humanitarian law review of the involvement of foreign fighters
The increasing presence of foreign fighters in the armed conflict in Ukraine has posed significant challenges to the application of International Humanitarian Law (IHL). These foreign fighters, often motivated by political, ideological, or religious reasons, do not neatly fit into traditional legal...
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Elsevier
2025-01-01
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| Series: | Social Sciences and Humanities Open |
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| Online Access: | http://www.sciencedirect.com/science/article/pii/S2590291125000671 |
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| author | Khoirunnisa Khoirunnisa Brian Matthew Didi Jubaidi Agung Yudhistira Nugroho |
| author_facet | Khoirunnisa Khoirunnisa Brian Matthew Didi Jubaidi Agung Yudhistira Nugroho |
| author_sort | Khoirunnisa Khoirunnisa |
| collection | DOAJ |
| description | The increasing presence of foreign fighters in the armed conflict in Ukraine has posed significant challenges to the application of International Humanitarian Law (IHL). These foreign fighters, often motivated by political, ideological, or religious reasons, do not neatly fit into traditional legal categories such as lawful combatants, civilians, or mercenaries. Their involvement on both sides of the conflict between those supporting either Ukrainian forces or Russian-backed groups, presents a complex issue that requires careful consideration within the context of IHL, which currently lacks clear provisions for addressing their legal status. This study focuses on the research question: Does the involvement of foreign fighters in the armed conflict in Ukraine comply with the principles of International Humanitarian Law? This issue is particularly important as it exposes significant gaps in IHL, revealing its inability to adequately address the complexities of modern armed conflicts involving non-state actors. Employing a juridical-normative approach, this study examines the application of IHL to foreign fighters in the Russia-Ukraine conflict, focusing on their rights, responsibilities, and accountability. The findings show that IHL lacks specific provisions to regulate the legal status of foreign fighters, relying instead on general human rights principles that fail to address their unique circumstances. This creates a legal vacuum, undermining both their protection and the enforcement of accountability for violations. The study concludes that targeted reforms in IHL are urgently needed to establish clear legal standards for the classification, protection, and prosecution of foreign fighters, thereby strengthening the overall humanitarian framework for contemporary armed conflicts. |
| format | Article |
| id | doaj-art-d27f37ba2e454efc9e607049c81ec197 |
| institution | OA Journals |
| issn | 2590-2911 |
| language | English |
| publishDate | 2025-01-01 |
| publisher | Elsevier |
| record_format | Article |
| series | Social Sciences and Humanities Open |
| spelling | doaj-art-d27f37ba2e454efc9e607049c81ec1972025-08-20T02:37:03ZengElsevierSocial Sciences and Humanities Open2590-29112025-01-011110134010.1016/j.ssaho.2025.101340The Ukraine-Russia conflict: An international humanitarian law review of the involvement of foreign fightersKhoirunnisa Khoirunnisa0Brian Matthew1Didi Jubaidi2Agung Yudhistira Nugroho3Faculty of Business, Economics & Social Science, Universitas 17 Agustus 1945, Jakarta, Indonesia; Corresponding author.Faculty of Law, Universitas 17 Agustus 1945, Jakarta, IndonesiaFaculty of Law, Universitas 17 Agustus 1945, Jakarta, IndonesiaFaculty of International Relations, Universitas Slamet Riyadi, IndonesiaThe increasing presence of foreign fighters in the armed conflict in Ukraine has posed significant challenges to the application of International Humanitarian Law (IHL). These foreign fighters, often motivated by political, ideological, or religious reasons, do not neatly fit into traditional legal categories such as lawful combatants, civilians, or mercenaries. Their involvement on both sides of the conflict between those supporting either Ukrainian forces or Russian-backed groups, presents a complex issue that requires careful consideration within the context of IHL, which currently lacks clear provisions for addressing their legal status. This study focuses on the research question: Does the involvement of foreign fighters in the armed conflict in Ukraine comply with the principles of International Humanitarian Law? This issue is particularly important as it exposes significant gaps in IHL, revealing its inability to adequately address the complexities of modern armed conflicts involving non-state actors. Employing a juridical-normative approach, this study examines the application of IHL to foreign fighters in the Russia-Ukraine conflict, focusing on their rights, responsibilities, and accountability. The findings show that IHL lacks specific provisions to regulate the legal status of foreign fighters, relying instead on general human rights principles that fail to address their unique circumstances. This creates a legal vacuum, undermining both their protection and the enforcement of accountability for violations. The study concludes that targeted reforms in IHL are urgently needed to establish clear legal standards for the classification, protection, and prosecution of foreign fighters, thereby strengthening the overall humanitarian framework for contemporary armed conflicts.http://www.sciencedirect.com/science/article/pii/S2590291125000671Foreign fightersRussiaArmed conflictHumanitarian lawUkraine |
| spellingShingle | Khoirunnisa Khoirunnisa Brian Matthew Didi Jubaidi Agung Yudhistira Nugroho The Ukraine-Russia conflict: An international humanitarian law review of the involvement of foreign fighters Social Sciences and Humanities Open Foreign fighters Russia Armed conflict Humanitarian law Ukraine |
| title | The Ukraine-Russia conflict: An international humanitarian law review of the involvement of foreign fighters |
| title_full | The Ukraine-Russia conflict: An international humanitarian law review of the involvement of foreign fighters |
| title_fullStr | The Ukraine-Russia conflict: An international humanitarian law review of the involvement of foreign fighters |
| title_full_unstemmed | The Ukraine-Russia conflict: An international humanitarian law review of the involvement of foreign fighters |
| title_short | The Ukraine-Russia conflict: An international humanitarian law review of the involvement of foreign fighters |
| title_sort | ukraine russia conflict an international humanitarian law review of the involvement of foreign fighters |
| topic | Foreign fighters Russia Armed conflict Humanitarian law Ukraine |
| url | http://www.sciencedirect.com/science/article/pii/S2590291125000671 |
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