The Attorney General has repeatedly publicly stated that it is illegal for an Australian to fight on any side in the current wars in Syearia and Iraq. However under the commonwealth criminal code in paragraph 4 under exceptions, it clearly states that it is not illegal for an Australian to join a foreign governments army, except under certain conditions such as when UN sanctions are applied against that government or when Australia or its allies are at war against the government. However these aside, therefore it would not be illegal for an Australian to join the Iraqi army, including the Peshmerga of Iraqi Kurdistan as they are under the Iraqi constitution part of the Iraqi army.
This being the case, the Attorney Generals statements that it is illegal for an Australian to fight on either side is factually wrong under Australian law. Of course the question remains whether or not it is legal under Iraqi law to join the Iraqi army. however I do know that the Peshmerga accept western volunteers.
However my point is that it is legal under Australian law for an Australian to join the Iraqi army.
Can someone please provide a proper legal opinion on this, I am not a lawyer.
This being the case, the Attorney Generals statements that it is illegal for an Australian to fight on either side is factually wrong under Australian law. Of course the question remains whether or not it is legal under Iraqi law to join the Iraqi army. however I do know that the Peshmerga accept western volunteers.
However my point is that it is legal under Australian law for an Australian to join the Iraqi army.
Can someone please provide a proper legal opinion on this, I am not a lawyer.