posted on Dec, 23 2014 @ 02:30 PM
A lot will depend on British law. However, the way I understand it these guys are actually considered mercenaries by UN standards, even if they are
not being paid. There are a number of criteria for defining mercenaries, but only one of these need be met for one to gain that title. I am relatively
certain that these guys have met at least one of those criteria. The reason I said it will depend on British law is mainly because if IS is viewed as
an enemy of Britain, then these two individuals cannot be charged in the same way that an IS fighter would be.
If a US citizen were fighting alongside IS then that person would likely be prosecuted in the US, considering that IS is listed as a terrorist group
and an enemy of the US. Therefore that person would be actively participating in fighting the US government by those standards. If the same individual
were instead fighting alongside the Kurds, they could not be charged with fighting against the US, so what is left to charge them with by US law? So
again, the laws of Britain will be important, and probably the deciding factor in whether legal action is taken. Remember that this is outside of
Britain, where British law does not reach. So while an IS fighter who has British citizenship could be prosecuted upon returning to Britain, again
because of their active participation against the British government, someone fighting against IS cannot be charged with the same crime. Again, I do
not know the laws of that nation. In my opinion however, any British citizen could do what they did and likely get away with it.