Underhero Is It Possible to Fight Enemies Again
FP Explainer
Is Information technology Legal for Americans to Fight in Another Country's Army?
For the most part, aye, unless they're fighting against America.
PATRICK BAZ/AFP/Getty Images
Chris Jeon, a 21-twelvemonth-onetime university student from Los Angeles, has had quite the summer holiday. He informed family and friends that he was heading off to Cairo, but and so crossed into Libya and spent the last few weeks fighting with the anti-Qaddafi rebels. The latest reports suggest his fed-upwardly cohorts may take finally sent him packing. When a reporter from the Abu Dhabi-based National defenseless up with the L.A. Clippers jersey-wearing math major this calendar week, he explained that he "thought it would exist cool to join the rebels." And it seems like he didn't do it for attention: He concluded the interview by pleading, "Whatsoever you do, don't tell my parents." Parental consequences aside, did Jeon break U.South. law?
Probably not. The U.Due south. authorities certainly doesn't encourage citizens to get off and fight in foreign wars, but in that location's a long history of information technology -- from the Abraham Lincoln Brigade that fought against Francisco Franco during the Spanish Ceremonious State of war to the many Jewish Americans who have served in the Israel Defense Forces.
Chris Jeon, a 21-yr-former university educatee from Los Angeles, has had quite the summertime holiday. He informed family unit and friends that he was heading off to Cairo, only then crossed into Libya and spent the last few weeks fighting with the anti-Qaddafi rebels. The latest reports suggest his fed-upwardly cohorts may take finally sent him packing. When a reporter from the Abu Dhabi-based National caught up with the L.A. Clippers jersey-wearing math major this week, he explained that he "thought it would be cool to join the rebels." And it seems like he didn't exercise it for attention: He concluded the interview by pleading, "Whatever yous do, don't tell my parents." Parental consequences aside, did Jeon intermission U.South. law?
Probably not. The U.South. government certainly doesn't encourage citizens to go off and fight in foreign wars, but there's a long history of it — from the Abraham Lincoln Brigade that fought against Francisco Franco during the Spanish Civil State of war to the many Jewish Americans who accept served in the State of israel Defense Forces.
According to the U.S. code, any denizen who "enlists or enters himself, or hires or retains another to enlist or enter himself, or to go beyond the jurisdiction of the United States with intent to be enlisted or entered in the service of whatsoever foreign prince, state, colony, district, or people equally a soldier or every bit a marine or seaman … shall be fined under this title or imprisoned non more than than three years, or both." Only a courtroom ruling from 1896 involving U.S. citizens who fought with Cuban revolutionaries confronting Spanish colonial rule interpreted this to mean that it was only illegal for citizens to be recruited for a foreign army in the Usa, non to but fight in one. (Notation to Libya's National Transitional Council: It probably wouldn't be wise to set upwards a recruiting station on the UCLA campus in hopes of alluring more fighters.)
Since Jeon appears to accept traveled to Libya without any encouragement (he bought a one-way ticket because he didn't want to risk losing $800 "if I go captured or something"), he's probably in the articulate.
A few caveats: If an American joins an army engaged in hostilities against the Usa, that'south considered an act of treason and punishable by decease. The constabulary as well, obviously, doesn't sanction membership in designated terrorist organizations, though the family unit of "American Taliban" John Walker Lindh has tried to debate that he was but serving in the armed forces of another country and didn't intend to aid al Qaeda or assail U.S. troops.
But what if Jeon happened to take office in an attack on Sirte or some other Libyan city, in which civilians were slaughtered? There might be precedent in the example of Chuckie Taylor, a U.South. citizen and son of the former Liberian warlord Charles Taylor. The younger Taylor was convicted in 2008 in a court in Florida for acts of torture committed during Liberia's civil state of war, the first U.S. citizen to be convicted in the United states of america of crimes against humanity in another land.
What about citizenship? If you concord a U.S. passport, you'll note that it advises that y'all "may lose your U.S. citizenship" by "serving in the armed forces of a foreign state." The give-and-take may is critical. In the 1967 case Afroyim 5. Rusk, the Supreme Courtroom ruled that under the 14th amendment, U.Southward. citizens cannot be involuntarily stripped of their citizenship. (That case involved a dual U.South.-Israeli citizen who had his U.S. citizenship revoked subsequently voting in an Israeli election, simply the precedent applies to military machine service as well.) Since and then, the government has had to prove that an private joined a strange army with the intention of relinquishing his or her U.S. citizenship. The army in question must be engaged in hostilities against the Us or the individual must serve as an officer.*
Then as long as Jeon manages to avoid committing treason or state of war crimes and doesn't get promoted — which seems unlikely given that he reportedly asked, "How do you fire this affair?" later on being handed an AK-47 — he's probably safe from legal consequences. As for what his mom is going to do to him when he gets habitation, he's on his own.
Thank you to Laura Danielson, an attorney with the firm of Fredrickson & Byron who teaches immigration constabulary at the Academy of Minnesota Police force School.
*Correction: This sentence originally suggested a citizen could be involuntarily stripped of their citizenship under these circumstances. Intent to relinquish citizenship must all the same be demonstrated.
Joshua Due east. Keating was an associate editor at Foreign Policy.
More than from Foreign Policy
Why Xi Is Trapped in Ukraine
At present, it is Russia, not China, sitting in the geopolitical driver's seat.
Elites Are Getting Nationalism All Incorrect
Russia, the United States, and the European Union are each suffering from resulting disasters.
Biden's Dangerous New Ukraine Endgame: No Endgame
With his strategy to "weaken" Russia, the U.S. president may be turning the Ukraine war into a global one.
Welcome to the Black Sea Era of War
It has been the world's bloodiest trunk of water since the Cold State of war—and not just because of Ukraine.
Sign up for Morning Brief
Foreign Policy's flagship daily newsletter with what's coming upwardly around the world today from Foreign Policy's newsletter writer Colm Quinn.
By signing upwardly, I agree to the Privacy Policy and Terms of Use and to occasionally receive special offers from Foreign Policy.
Expand your perspective with unlimited access to FP.
Subscribe Now
Source: https://foreignpolicy.com/2011/09/02/is-it-legal-for-americans-to-fight-in-another-countrys-army/
0 Response to "Underhero Is It Possible to Fight Enemies Again"
Post a Comment