Foreign Enlistment

Published date01 April 1940
Date01 April 1940
DOI10.1177/0032258X4001300208
AuthorDavid Murray
Subject MatterArticle
Foreign Enlistment
By DAVID MURRAY
Head
Constable, Royal
Ulster
Constabulary
ONE
day in February,
1940,
it was stated by competent
authority in the British House of Commons that licences
would be granted to British subjects authorising them to join
the armed forces of the Republic of Finland for the purpose
of fighting for that country in its struggle against its giant
neighbour-Russia.
The
announcement also covered others
who might be engaged in enlisting such persons for that
purpose.
This statement must have caused some speculation and
no little amazement.
It
was most unusual in its import and
far-reaching in its consequences. No one had ever heard of
such an exposition and perhaps many wondered why such a
statement was at all necessary. Could individuals not go and
fight for Finland or any other country if they wished? Does
it mean that, if war is being waged abroad between two foreign
powers in which we as a nation are not involved, a British
subject may not, if he so desires, take up arms and join one of
the belligerents?
That
is exactly what it means.
It
might,
therefore, be both interesting and instructive at such a time as
this to look at the legislation creating this prohibition and also
to some extent its background or history.
The
Foreign Enlistment Act,
1870,
provides for the issue
of these licences by the Sovereign.
The
main object of this
Statute is to regulate the conduct of His Majesty's subjects
during the existence of hostilities between foreign States with
which His Majesty is at peace and to prevent injury to the
public by involving this country in misunderstandings with
foreign powers.
The
chief offences forbidden by this Act are:
177
D

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