Legal implications of the participation of Brazilian nationals in foreign armed forces and organized armed groups in armed conflicts in other countries

DOI: https://zenodo.org/records/20395113

Abstract

The research that underpinned this article took as its immediate reference the Russia-Ukraine conflict, which has received foreign volunteers on both sides. The participation of Brazilian nationals in the conflict, especially those serving in the Ukrainian armed forces as volunteers, has been noteworthy since the beginning of the Russia-Ukraine war. According to the Brazilian Ministry of Foreign Affairs (Itamaraty), 23 Brazilians died in the conflict between February 2022 and December 2024. The exact number of Brazilians currently serving is unknown; it could be higher. However, it is certain that this participation has no institutional support from the country. The presence of Brazilians serving in the armed forces of another nation should have minimal internal regulation. This regulation is even more necessary in armed conflict, as they are serving under another flag and in a war zone. The moment is opportune for the positive law to be amended in view of the incorporation of Brazilians, whether in the armed forces of other countries permanently, or, what is worrying, in situations of armed conflict. The absence of domestic regulation can foster the practice of international crimes, and the lack of repression of such undesirable conduct can be seen as an omission by the national jurisdiction.