On November 19, 2023, Russian-language Facebook accounts (1, 2) and information agencies (1) reported about an alleged ban on participation in the Russia-Ukraine war for Georgians. According to the posts, Georgians have been banned from participating in the war due to huge losses in Ukraine, and Georgia will impose criminal liability for the creation of illegal military volunteer groups from March 1, 2024. The posts also mention that even the Georgians have started to leave Ukraine – “They understand that the armed forces of Ukraine may face big problems soon. Moreover, Tbilisi does not want to be at the level of the losing side – Ukraine.”
The claim that Georgians are banned from fighting in Ukraine due to heavy losses is false. The Defense Code of Georgia, which, among other things, regulates issues of volunteering in the field of defense, does not consider the issues of volunteers and volunteer organizations acting outside the country and their involvement in various conflicts.
On September 21, 2023, at the plenary session, the Parliament of Georgia adopted the “Defence Code” in the third reading, with 80 votes, which, among other issues, regulates the issues of volunteering in the field of defense. According to Chapter 17 of the Defense Code, volunteering in the field of defense is the voluntary, unpaid training of a person in matters of defense and security and, if necessary, the application of one’s skills in the field of defense. Notably, according to the new amendment to the Code, the creation of volunteer organizations operating in the field of defense in Georgia is possible only through a legal entity under the public law (LEPL) included in the system of the Ministry of Defense of Georgia. For this, the organization must meet all the requirements of the Ministry of Defense and receive the status of a volunteer organization from the Ministry of Defense. According to Article 168 of the Defense Code, a candidate for becoming a volunteer organization applies to the Ministry to obtain the status of a volunteer organization. In case of a positive decision by the Ministry, the subject is granted the status of a volunteer organization.
Activities related to volunteering in the field of defense without registration and in the presence of signs of creating an illegal formation are punished with an appropriate fine, house arrest from six months to two years, or imprisonment for a period of two to four years. Transferring funds or property to an unregistered voluntary organization is also punishable by a fine or imprisonment for a term of one to three years. For legal entities, the punishment involves the prohibition or liquidation of the activity.
Notably, the Code does not regulate the activities of volunteers and volunteer organizations outside the country and their involvement in various conflicts. Article 34 of the same law defines prohibited activities for a military serviceman, according to which a military serviceman is prohibited from carrying out activities to fulfill the goals of an international partnership and/or peacekeeping operation in a position in an international organization abroad, although such a prohibition does not apply to volunteers who are not in the military service of Georgia.
Are Georgians fighting in Ukraine at the risk of losing their citizenship?
In December 2022, the members of “Georgian Dream,” Mamuka Mdinaradze and Rati Yonatamishvili talked about the possible loss of citizenship for Georgians fighting in Ukraine. According to them, being in the military service of another country leads to the loss of citizenship of one’s country. According to the explanation of Tsira Jananashvili, a lawyer of the Georgian Young Lawyers Association, the Law “On Citizenship” entails that the reason for losing Georgian citizenship can be “the entry of a citizen into the military service or police or security service of another country without the permission of the competent bodies of Georgia.” According to the explanation, in the case of a political decision, the authorities can use this clause as a basis for terminating one’s citizenship, but when discussing this issue, the state of war, which is not provided for by the law, as well as a number of factual circumstances, should be taken into account.
A photo of the members of the “Georgian Legion” operating in Ukraine is attached to the information spread on the social network, arguing that the change in the law was introduced due to the great losses in Ukraine. On November 16, the “Georgian Legion” operating in Ukraine indeed spread the information that during the offensive operation in the direction of Donetsk, two Georgian fighters were killed in Ukraine and 9 were wounded, three of them are in severe condition. However, the amendments made to the “Defense Code” are not related to these or other losses, as the President of Georgia, Salome Zourabichvili, signed the Defense Code on October 12.
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