Americans Are Fighting in Ukraine Right Now. Is It Legal?

As the war of attrition between Russia and Ukraine grinds on, both sides are experiencing shortages of men and materiel, but the situation looks decidedly more dire for Ukraine. From the beginning of the war, foreign fighters have supported Ukraine right up to the front lines, often losing their lives in the process. While numbers are sketchy, we’ll give you the best information we can find on how many foreign fighters, including Americans are serving in Ukraine, and what the law says about that.

Estimates of Foreign Fighter Numbers in Ukraine

Just two days after the full-scale Russian invasion in February 2022, the Ukrainian government started the International Legion for foreigners who wished to join the conflict. The Ukrainian embassy in Washington, D.C. claimed that 6,000 Americans had tried to join by March 10, though only 100 had been approved to join by that time. In all, Ukraine claims to have recruited over 20,000 foreign volunteers from 50 different countries. More conservative independent estimates suggest there may be 1,500-3,000 international fighters serving on behalf of the regime.

Russian Estimates

The Russian government, which itself has well over 10,000 foreign fighters on its own side of the front lines, claims that 13,000 foreign fighters have joined the war on Ukraine’s side, and about 6,000 have been killed. They say that 1,112 Americans have deployed to the front on behalf of Ukraine, and 491 of them have been killed. The Russian casualty estimates of foreign fighters on the Ukrainian side seem laughably high for western trained and equipped troops. Reports from people who have served in the Ukraine foreign legion, though, say that it is poorly officered, so casualty rates are higher than average.

More Reliable Estimates

A leaked American document in 2023 cited 97 NATO military personnel in Ukraine, with 14 of them American. These were special forces or military advisors, not regular combat units fighting on the front lines. In a February 2024 report, The New York Times interviewed former government employees, discovering that more than 40 CIA personnel were operating in the country in intelligence gathering, support, na logistical roles. However, these figures do not shed light on the number of private citizens who have joined in combat or military support roles, which is thought to number at least in the hundreds. 

Is it Legal For Americans to Fight in Ukraine?

The United States discourages citizens from enlisting to fight in Ukraine or in any other foreign wars that the U.S. is not directly participating in, but it does not expressly prohibit its citizens from leaving the U.S. to fight for a cause they believe in. What forbidden by the Neutrality Act, though, is for a group to organize, fund, or launch a military operation originating on American soil against a country the United States is at peace with.

So Americans can buy plane tickets to Poland, cross into Ukraine, and join the military if they want to. What they cannot do is get a bunch of buddies together in Alaska and sail a fishing boat across the Bering Sea for an amphibious landing on the Pacific coast of Russia.

Motivations for Joining the Conflict

Foreigners volunteer for Ukraine’s International Legion for all sorts of reasons. Some have personal ties there of ethnic heritage or having lived and worked there or married someone from there. Some are incensed at Russian imperialism, having lived under it in other parts of Eastern Europe. Some are freedom-loving individuals who want to help resist tyranny where ever it occurs. Some Americans have signed up after shifts in U.S. policy made it seem Ukraine was being abandoned. And some are not so much ideologically motivated as just wanting to test their mettle in actual combat.

Compensation for Foreign Fighters

Foreign volunteers who join Ukraine’s armed forces receive salaries similar to Ukrainian soldiers, typically around $550 monthly behind the front lines, $1,100 in danger zones, and up to $4,800 for active combat roles. Signing a military contract also provides legal residency during the period of service. Additionally, serving foreigners have a simplified path toward permanent residency and, eventually, citizenship, particularly after completing three years of service.

Training and Skills

Foreign fighters receive training in weapons handling, small unit tactics, combat first aid, and other essential skills. American and other NATO troops have also trained Ukrainian and foreign personnel in other locations in Europe for the fight. The length of training depends on prior experience and can last up to 6 weeks. As many of Ukraine’s weapons are American and American soldiers have so much overseas combat experience, they are particularly desirable recruits for the International Legion. 

Roles and Activities of Foreign Fighters

Foreign fighters are involved in combat, medical support, and logistics. Some are integrated into existing militias rather than the Ukrainian International Legion. Foreign fighters have participated in the defense of Kyiv and the Kharkiv oblast offensive. Some are used to train other soldiers.

Requirements for Foreigners Wishing to Fight in Ukraine

To join the International Legion, foreign citizens must be between the ages of 18-60 and have no criminal record or serious health issues. They must be physically capable of carrying out the duties of an infantryman. Previous military experience is desirable but not required. Applicants must contact the Ukrainian embassy or consulate in their country to apply and provide required documents. They are responsible for funding their own travel to Ukraine. 

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