In recent weeks, reports of attacks on Russian targets on the border with Ukraine have been carried out by non-state armed groups. The Ukrainian government denies responsibility for these operations, which have created legal complications in international humanitarian law.

Two groups involved are the Freedom of Russia Legion (FRL) and the Russian Volunteer Corps (RVC). The FRL fights alongside the Ukrainian Armed Forces and claims to be under their command, while the RVC is a far-right Russian ethno-nationalist group operating independently.

The involvement of non-state actors raises questions about their legal status and who is responsible for their actions. International law recognizes the participation of irregular fighters in armed conflicts, but their treatment and accountability depend on their compliance with certain criteria.

If part of the Ukrainian Foreign Legion, the FRL should be considered part of the Ukrainian armed forces and protected under international law. However, the RVC may face greater risks and punishment under Russian law if not under Ukrainian military control. These non-state groups not only contribute to an escalation of the conflict but also serve as a distraction for the Russian military, potentially diverting resources from the Ukrainian counteroffensive.

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