The phone at the embassy was red hot yesterday, the diplomat told† Dutch people with a Polish and Ukrainian background would have registered, among others. They thus respond to Ukrainian President Zelensky, who invites foreigners to join the fight.
Right to fight
In principle, the Dutch have the right to fight if they want to, says lawyer Robert Malewicz. “But there are exceptions. The Military Criminal Code states that Dutch soldiers are not allowed to train in foreign military services as long as they are active for us.”
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‘Ordinary’ Dutch people are allowed to do that. “You then become part of the Ukrainian army and you have to comply with the rules of the armed forces of that country. You also fall under the law of war, which means that you can defend yourself where the country is invaded. You can also use force for that. “, Malewicz tells EditieNL.
Lines
But there are also limits within the law of war. “If you make a soldier a prisoner of war, you are not allowed to shoot him. Torture is also prohibited.” If you do not comply with this, you can subsequently be prosecuted in the Netherlands for war crimes. With that you fall under the jurisdiction of the Netherlands again.”
History
It often happens that people join a war abroad, military historian Samuel Kruizinga knows. This was already the case during the Spanish civil war and in Israel in 1948, but more recently also in Syria. “People often have the idea that adventurers are going there. But I think there is now a broader idea that we are at some sort of turning point,” he tells EditieNL.
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This is also noticeable in the reactions of the Dutch. “It affects people because it is about much bigger things: Europe, freedom, democracy. The war may just happen in Ukraine now, but it concerns us all.” By participating in the fight, people feel that they are contributing something.
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Formerly banned
Previously, there were penalties for fighting with foreign military services. “Then you lost your Dutch nationality. That is no longer the case. In addition, the Netherlands has become part of all kinds of alliances, so that you can no longer speak of national missions,” says Kruizinga.
It is still not allowed to fight abroad in every situation, says lawyer Malewicz. “Suppose Ukraine threatens to go to war with the Netherlands, then the Dutch would not be allowed to go there. The idea is that you should not reinforce the enemy.”
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