This is stated by Advocate General Sigrid Redse Johansen.
Although it is not forbidden to enlist in either side of the war, it is a criminal offense to enlist another person to take part in the fighting.
– It is not allowed to recruit anyone to serve a foreign state, says Johansen.
Ukraine’s ambassador to Norway, Jatsiuk Viatsjeslav, confirms to TV 2 that they have received many inquiries from Norwegians who are interested in going to Ukraine and enlisting.
– Every day we receive around a thousand letters, telephone calls and messages from Norwegians asking how they can contribute in different ways. Many of them are determined to travel to fight, he says.
Viatsjeslav says that they do not keep a register of inquiries, but that they offer information to those who make contact.
– AMBASSADOR: Jatsiuk Viatsjeslav is Ukraine’s ambassador to Norway. Photo: Sunny Sharma / TV 2
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– I am moved by the support and I am sorry that I can not be there myself and fight myself, says the ambassador.
Clear conditions
Advocate General Johansen explains that the precondition for joining the war is that one enlists in the state, armed forces.
She also says that one must be subject to responsible command and a military regime that can enforce violations of the rules of war. It is also a prerequisite that one separates from the civilian population.
– If you comply with the basic rules of international law, you can be a so-called legally combatant. It also means that you are entitled to prisoner of war status, says Johansen.
The Russian invasion of Ukraine is considered by Norway to be outrageous, contrary to international law and illegitimate. Despite that, according to the Advocate General, there is no difference on which side of the war one enlists.
– There is a long tradition under international law to distinguish between starting the war itself and the actual warfare, she says and continues:
– Even if it is illegal to start the war, it does not mean that every Russian soldier does something illegal. It only happens if one commits war crimes. The rules are the same on each side, says Johansen.
Can be Kripos cases
If a Norwegian citizen commits war crimes abroad and then returns home to Norway, it is Kripos’ who is responsible for investigating this.
TV 2 has been in contact with Kripos who do not want to comment on whether they have turned their attention to individuals who have traveled or who are considering traveling to join the war.
They also do not want to make an appeal to the people concerned.
Prime Minister Jonas Gahr Støre has previously stated that the following:
– Then I think you have to think carefully about. I understand that those discussions arise, but war is dramatic. We must take good care of our defense. It is an organized defense with NATO.
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