When Vad* saw his homeland being hit by Russian Federation missiles he decided to pack up his life in Australia and head to Ukraine.
A Ukrainian-Australian with a military background, Vad told SBS he knew his specialised training would be of use to the Ukrainian forces fighting back a multi-pronged invasion.
“I haven’t told hardly anyone about this decision, no one in the community except for a few close family members know about this. But I felt I needed to fight for my country,” he told SBS from an undisclosed location on the outskirts of the country’s capital Kyiv.
Vad told SBS he had already taken part in active combat, and had undergone some training with the Ukrainian military and also a paramilitary group he had first joined when he moved over at the end of February.
“The para [military] guys weren’t all that organised to begin with, but they helped me purchase my own gear, weaponry, and once I’d settled in and done some time with them I signed on to the Ukrainian military proper, ” he said.
A man waves at a Ukrainian army tank as it drives on a street in Irpin, near the capital Kyiv. Credit: SOPA Images/SOPA Images/LightRocket via Gett
“The recent fighting has been particularly intense, on one occasion the unit I am serving with now ambushed a unit of orcs [derogatory term for Russian military] and wiped them out with a mix of anti-tank weapons.
“I saw a few of them hop out of a burning APC and run for their lives. We also captured some.”
Vad said he needed to keep details vague to protect sensitive military operations. SBS has seen evidence of Vad in active Ukrainian military service, but can’t independently verify his observations of active combat operations.
He is one of thousands of foreign nationals who have gone to Ukraine to fight against Russian forces.
It’s believed Vad has broken Australia’s domestic foreign fighter laws because his initial military service and activity was not with a formal element of the Ukrainian armed forces, though he has since joined the Ukrainian military.
Foreign fighters from Belarus preparing to catch the train from Lviv in western Ukraine to the Ukraine capital Kyiv on 16 March, 2022. Credit: Anadolu Agency/Anadolu Agency via Getty Images
In Australia, it’s illegal for citizens to fight for non-state armed groups in foreign conflicts, although it is legal to join a foreign nation’s formal military forces.
Australia’s Foreign Fighter Laws
Australia’s foreign fighter laws were updated in the wake of the Syrian civil war, partly over concerns Australians heading to fight for rebel forces could pose a security risk if and when they returned to Australia.
In a 2019 report to a Parliamentary Joint committee on Intelligence and Security, the Australian Federal Police said there were 42 arrest warrants out for 'alleged foreign fighters who are offshore'.
In spite of the perhaps sound reasoning behind the adoption of such laws, one international law expert has questioned whether they might go too far.
Professor Ben Saul, Challis Chair of International Law at the University of Sydney, believes the laws could be too arbitrary and draconian.
“The foreign recruitment offences are quite strict, people can face life imprisonment,” he said.
“The laws have been designed to lessen the risks that people will go over and potentially get involved in war crimes, acts of terrorism or acquire the skills to conduct that behaviour here at home.
“But the problem is we now have rules which say we allow Australians to fight for any government even if they’re tyrannical, anti-democratic and human rights abusers. Yet it’s always illegal for Australians to fight for non-state armed groups, even if they’re pro-democratic, pro-human rights or otherwise.”
Professor Saul said a good example was the prosecutions of Australians fighting with the Kurdish Democratic Forces in the Syrian Civil War.
“These were anti-Assad pro-democratic forces that were allied with the United States and yet Australia did indeed prosecute some Australians who fought with them, so the precedent is there.”
“Put simply, these laws are a protection racket for governments.”
In Professor Saul’s assessment, it was ‘highly likely’ that Vad had broken these same laws with his initial service in a paramilitary group before they had been incorporated into the formal Ukrainian military.
“This puts him in a difficult position. The law itself is pretty clear, it is more a matter of what the policy settings or political appetite behind that legal framework is like, in terms of what we will see on the prosecutory front.”
A senior source within Home Affairs told SBS on the condition of anonymity that there was ‘appetite’ to prosecute Australians who broke foreign fighter laws even if they fought with pro-Ukrainian forces.
A tribute in the Georgian capital Tblisi, featuring the photos of two Georgian volunteers, Gia Beriashvili and David Ratiani, who were killed fighting against Russian forces in Ukraine. Credit: SOPA Images/SOPA Images/LightRocket via Gett
“Australians who travel to fight with a non-government armed group on either side of the Russian invasion of Ukraine – or recruit another person to do so (including inducing, inciting or encouraging) – may be committing a criminal offence,” the spokesperson said.
“ We have a responsibility to prevent Australians from contributing to violence and instability overseas, and endangering their lives and the lives of others, and we have strong laws aimed at discouraging such actions. Foreign fighters who have returned to Australia who are suspected of committing a criminal offence will be investigated by law enforcement and security agencies.”
In the meantime, Vad said he was focused on helping his fellow Ukrainians in their battles against Russian forces.
“I’m of course worried about what my fate will be when I return to Australia, but in the meantime I am most worried about the men and women standing by my side here in Ukraine, putting their lives on the line for democracy and the principle of sovereignty, ” he said.
* SBS has decided to mask Vad’s identity because, based on legal opinion we have received, it’s believed he may have broken Australian domestic laws on foreign fighters.
