‘Neutral’ Austria has said that any of its citizens who go to fight for Ukraine against Vladimir Putin’s war machine will lose their passports and their Austrian citizenship, which could reportedly leave them stateless.

Newsflash contacted the Austrian Ministry of the Interior (Bundesministerium fuer Inneres; BMI) to request confirmation and clarification after the implication was made by some local media outlets.

Specifically, Austrian constitutional and administrative lawyer Heinz Mayer, 75, told Austrian media that any person who enters another country’s military service would automatically lose their Austrian citizenship and possibly even their right to return to Austria, rendering them stateless.

Mayer told local outlet Zackzack that anyone who enters military service in another country automatically loses Austrian citizenship. He said: “There is no need for a procedure, it happens ex lege.” This means that in theory, the person becomes stateless, with their passport and identity card no longer valid, making it difficult to return to Austria. Mayer added: “Then you have to see where you stay.”

BMI Commissioner Harald Soeroes told Newsflash (in German): “Legally, a distinction must be made as to whether persons who take part in hostilities abroad are Austrian citizens or not. In the case of Austrian citizens, §32 (entry into military service in a foreign country) and §33 (revocation of citizenship) of the Citizenship Act (StbG) contain provisions on the loss or revocation of citizenship.

“In the case of persons entitled to protection in Austria, participation in a military conflict would constitute grounds for denial. With regard to the reasons for exclusion and denial, the Asylum Act refers to the reasons specified in Article 1 Section F of the Geneva Refugee Convention (crimes against peace, war crimes, crimes against humanity, violation of the goals and principles of the United Nations).”

Newsflash asked Mr Soeroes whether or not the law is currently being enforced and if not, if the Ministry of Interior plans to enforce it. He said: “If such cases occur or come to the attention of the authority, the applicable law will of course be implemented.”

Regarding what constitutes ‘Persons participating in combat operations abroad’ (‘Personen, die im Ausland an Kampfhandlungen teilnehmen’ in German), and if this only applies to people taking up arms or if this could apply to people baking bread for soldiers, washing their clothes, or providing psychological counselling, for instance, Mr Soeroes simply referred Newsflash back to his previous answers, stating that it was “a matter for the courts to decide, not the executive”, adding that the answer he had already given was “self-explanatory”.

It is currently unclear how many Austrian citizens have travelled to Ukraine to fight.

Citizens of the United States are reportedly in a similar situation. ABC News reported yesterday (10th March) that the Ukrainian Embassy in the US has a new role focused on becoming a recruitment centre for Americans who want to join the fight, stating that approximately 100 citizens had seen their applications accepted out of approximately 6,000 submissions.

But the US government discourages Americans from going to fight in Ukraine. In some cases, Americans could reportedly face criminal charges and risk losing their US citizenship if they take part in the war.

And the UK government states on its website: “If you travel to Ukraine to fight, or to assist others engaged in the conflict, your activities may amount to offences against UK legislation and you could be prosecuted on your return to the UK.”

British media have reported that approximately 100 Scots have already joined the fight, including a 61-year-old Scottish grandfather named as Rab Grady, with Scottish First Minister Nicola Sturgeon saying that people should “think carefully about what we can do to support Ukraine that is actually helpful and meaningful” and discouraging people from travelling to Ukraine to fight.

France’s laws state that it “punishes participation in mercenary activity with five years’ imprisonment and a fine of EUR 75,000”. It is currently unclear if this law applies to French citizens who obtain Ukrainian citizenship and join their Armed Forces.

Ukrainian President Volodymyr Zelenskyy recently announced the creation of an “international legion” for foreign fighters to join to help fight the Russian invasion. Ukraine’s First Deputy Interior Minister, Yevhen Yenin, has said foreigners travelling to Ukraine to fight the Russian invasion will be given Ukrainian citizenship. And the Ukrainian Minister of Foreign Affairs, Dmytro Kuleba, 40, has called on foreigners on Twitter to join the fight in Ukraine against the invading Russian forces.

Austria is not a NATO member but is a NATO partner. It is technically neutral but has condemned “violations of international law” by Vladimir Putin’s regime, despite the Russian embassy’s vocal protests on Twitter.

The Russian embassy in the Austrian capital Vienna was targeted with red paint on the afternoon of Sunday, 6th March, shortly after vocal exchanges between a majority of pro-Ukraine protesters and two protesters who appeared to agree with the Kremlin’s point of view.