Britons who travel to fight for Ukraine are unlikely to face terrorism prosecutions as that would risk playing into President Putin’s hands, The Times has been told.
Jonathan Hall QC, the independent reviewer of terrorism legislation, said prosecutions were considered unviable for several reasons, including that it would send the message that people fighting against Russia were terrorists. He added that it would play into Putin’s false narrative that Ukraine was run by neo-Nazis.
He said the difficulties were highlighted by the failed prosecutions for terrorism of Britons who travelled to Syria to support Kurdish forces fighting Islamic State. It proved how hard it was to prosecute anyone fighting for a side backed by the British government, he said.
Hall added: “It is very hard for the government to say we will arm Ukrainians but we will agree to prosecute Britons who fight . . . it would be very hard for prosecutors to get those cases past juries. That’s not to minimise the seriousness of people going to fight.”
The Foreign Office’s travel advice states that travelling to fight “may amount to offences against UK legislation and you could be prosecuted on your return to the UK”.
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Ministers said Russia could view the presence of British troops who had gone Awol to fight as an excuse to view the UK as a “belligerent” in the conflict.
The Terrorism Act, which defines terrorism as violence “for the purpose of advancing a political, religious, racial or ideological cause”, may be applicable.
Hall said the risks were high for Britons who fought, because of the dangers of being taken prisoner and used in Russian propaganda. Soldiers who went absent without leave to travel could face a court martial for desertion.
The Ministry of Defence has said a “small number” of soldiers had gone Awol to fight in Ukraine.
