Lessons from the Russian Invasion of Ukraine
The Plight of Diaspora Fighters in Levées en Masse
In: Journal of International Humanitarian Legal StudiesSearch for other papers by Elliot Winter in
Current site
Google Scholar
Abstract
The concept of the levée en masse was designed to legitimise armed civilian opposition to an unfolding invasion by conferring temporary combatant status upon certain civilians. The range of individuals eligible for this status was defined narrowly to include only ‘inhabitants’ of invaded territories. This approach made sense in the nineteenth and early twentieth centuries when international travel was beyond the reach of all but the elite minority. Today however, mass air transit has expanded horizons and allows people to travel and to emigrate much more readily. Consequently, the global diaspora of emigrants is larger now than ever before. As seen during the Russian invasion of Ukraine beginning in February 2022, many among these diaspora communities wish to return to defend their homelands upon invasion. This is precluded under the orthodox interpretation of international humanitarian law owing to their lack of residency. This is unsatisfactory as it bars individuals with legitimate familial, political, cultural, and historical connections to a State from participating in a levée in its defence. This article sets out the policy and legal arguments in favour of recognising non-resident citizens – or ‘diaspora fighters’ – as legitimate participants in levées en masse.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 219 | 219 | 27 |
| Full Text Views | 15 | 15 | 2 |
| PDF Views & Downloads | 41 | 41 | 5 |
Lessons from the Russian Invasion of Ukraine
The Plight of Diaspora Fighters in Levées en Masse
In: Journal of International Humanitarian Legal StudiesSearch for other papers by Elliot Winter in
Current site
Google Scholar
PubMed
Abstract
The concept of the levée en masse was designed to legitimise armed civilian opposition to an unfolding invasion by conferring temporary combatant status upon certain civilians. The range of individuals eligible for this status was defined narrowly to include only ‘inhabitants’ of invaded territories. This approach made sense in the nineteenth and early twentieth centuries when international travel was beyond the reach of all but the elite minority. Today however, mass air transit has expanded horizons and allows people to travel and to emigrate much more readily. Consequently, the global diaspora of emigrants is larger now than ever before. As seen during the Russian invasion of Ukraine beginning in February 2022, many among these diaspora communities wish to return to defend their homelands upon invasion. This is precluded under the orthodox interpretation of international humanitarian law owing to their lack of residency. This is unsatisfactory as it bars individuals with legitimate familial, political, cultural, and historical connections to a State from participating in a levée in its defence. This article sets out the policy and legal arguments in favour of recognising non-resident citizens – or ‘diaspora fighters’ – as legitimate participants in levées en masse.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 219 | 219 | 27 |
| Full Text Views | 15 | 15 | 2 |
| PDF Views & Downloads | 41 | 41 | 5 |