Does fighting for an overseas militia disqualify you for military service?

Audie Kiev — Sun, 15 Oct 2017 07:46:02 -0400

There are Americans who are traveling to Syria to fight w/ the People's Protection Units(YPG).

Many are former military. I heard that it was illegal to do this, however I have not seen any American return home from fighting against ISIS with the YPG be arrested. In fact, some even go as public as talking on the news.

Response by SSG Private RallyPoint Member made Oct 15 at 2017 7:52 AM

SSG Private RallyPoint Member — Sun, 15 Oct 2017 07:52:11 -0400

Who goes public because I haven’t seen anything. To answer your question if the government doesn’t acknowledge it, then I guess it would be a no, even if you can prove you were fighting for a US backed faction

Response by SGM Erik Marquez made Oct 15 at 2017 8:03 AM

SGM Erik Marquez — Sun, 15 Oct 2017 08:03:23 -0400

Better you ask a lawyer versed in US law then an Internet forum of mostly service members.

Response by 1LT Private RallyPoint Member made Oct 15 at 2017 8:03 AM

1LT Private RallyPoint Member — Sun, 15 Oct 2017 08:03:52 -0400

The US can choose to prosecute you, disqualify you for military service, and strip you of your citizenship and right to return - if you join or fight in a foreign military or paramilitary service - particularly if you kill anyone. So far, such prosecutions are rare. Warmest Regards, Sandy :)
p.s. In general the act must be voluntary and may be viewed as renouncing your citizenship.

Response by PFC Jonathan Albano made Oct 15 at 2017 8:22 AM

PFC Jonathan Albano — Sun, 15 Oct 2017 08:22:56 -0400

I'll give you the basic answer and then you'll need to seek out a lawyer for the full explanation. It depends... My understanding of the subject is that foreign war-fighting, in and of itself, isn't illegal. The groups you associate with (ie if a militia was recognized as a terrorist organization) , along with your own actions in the conflict (ie if you commit a war crime), are what make it illegal. Regardless, the legal murkiness of the scenario makes it more likely than not that you will break the law by doing so. As such, you're better off looking for other ways to help with the Syrian conflict than joining these sorts of organizations.

Response by 1SG Dennis Hicks made Oct 15 at 2017 8:57 AM

1SG Dennis Hicks — Sun, 15 Oct 2017 08:57:23 -0400

I second what the SGM said, fighting in another military opens you up to a great deal of scrutiny what with war crimes, violations etc real or imagined. Good intentions are often rewarded with 3 hots and a cot at the gray bar hotel when doing things not under and SOFA or Uncle Sam's guidance.

Response by SSgt Boyd Herrst made Oct 15 at 2017 11:44 AM

SSgt Boyd Herrst — Sun, 15 Oct 2017 11:44:27 -0400

I think as long as anything the militia does:
Noyt committing war type crimes like pillaging(pillaging the enemy for weapons and ammo should not be a negative factor, as long as you only did that.. breaking and enteringbto get the supplies
Should not be either.. I think if the militia, it’s members had a rules of engagement similar. Though not exact with a fair amount of leeway .. and you don’t actually outright brutally murder to reach the objective.. I think if the country you are fighting for is rightfully trying to maintain it’s freedom/independence, there should be no question..

Response by SSgt Boyd Herrst made Oct 15 at 2017 11:46 AM

SSgt Boyd Herrst — Sun, 15 Oct 2017 11:46:34 -0400

Like a Comrade mention it’d be advisable to seek legal counsel first to make sure..

Response by MSG Jay Jackson made Oct 15 at 2017 5:57 PM

MSG Jay Jackson — Sun, 15 Oct 2017 17:57:36 -0400

Yeanbetter to listen the the advice of the SGM above. By doing this you are putting your future at risk and opening up yourself to a lot of heart aches.

Response by CW3 Kevin Storm made Oct 15 at 2017 6:07 PM

CW3 Kevin Storm — Sun, 15 Oct 2017 18:07:07 -0400

It would depend, the US historically has had people who served in other militaries. I once worked with a LT who served in the French Foreign Legion. But that was decades ago. I am sure waivers would need to be applied for, what branch of service they were going into, what they bring tot he table, and how hard up recruitment is at the time. Seems when numbers are down everyone qualifies.

Response by SGT Mathew Husen made Mar 8 at 2019 3:09 PM

SGT Mathew Husen — Fri, 08 Mar 2019 15:09:03 -0500

You're a dummy if you think there is no consequences going to Syria to be a fighter.

Response by COL William Oseles made Mar 8 at 2019 4:11 PM

COL William Oseles — Fri, 08 Mar 2019 16:11:27 -0500

In many cases it boils down to if they are fighting against an 'approved' enemy.
If one wanted to get picky fighting as part of a Private security Company could be treated as the same.

Response by SPC John Decker made Mar 8 at 2019 4:24 PM

SPC John Decker — Fri, 08 Mar 2019 16:24:27 -0500

If memory serves, both the Flying Tigers (in China) and the flying outfit in England, before Pearl Harbor, were both made up of U.S. citizens. Some who had served in our military, prior to serving in those units. After Pearl Harbor, some of them were re-integrated into the U.S. Military.