The Foreign Enlistment Act, International Law, and British Politics, 1819–2014

Foreign enlistment has made headline news in the current Syria crisis and with the rise of the terror group ISIS. The problem is an old one. How can states prevent their citizens from joining foreign forces? Whatever the motives of volunteers, states have usually reacted with the implementation of domestic laws in the hope of gaining a grip on the situation. Britain has one of the oldest pieces of legislation in place, the so-called Foreign Enlistment Act. Dating back to 1819, the history of the Act is largely unexplored. An analysis of British state practice related to the Act brings a history to light which reaches far beyond the domestic sphere where the Act is firmly placed today. The article shows that the Act originated in the realm of foreign policy, shaping legal concepts, such as non-intervention, recognition, and neutrality in the nineteenth century. In the twentieth century the Act was increasingly discussed in domestic policy, where current debates on foreign enlistment also take place. Thus, the article examines the changing role of the Foreign Enlistment Act in the context of 200 years of British domestic and foreign policy, illustrating how this domestic legislation shaped the understanding of concepts in international law.