Poland wants to allow itself to shoot down Russian missiles, drones and planes over Ukraine and Belarus – Wyborcza
Polish prime minister Donald Tusk (Illustrative photo: Andrzej Jackowski / EPA)

Poland plans to change a law that prohibits it from shooting down Russian targets flying toward it in the skies over Ukraine and Belarus without the consent of NATO and the European Union. About this reports Polish newspaper Wyborcza, citing the report of the Commission of Inquiry into Russian Influence and a corresponding amendment.

"Today we are discussing the strategy of using our air force and air defense over Ukraine or Belarus to shoot down Russian planes, drones or missiles that have not yet crossed the Polish border. In the meantime, there is still a rule in place that does not allow our authorities to make such a decision on their own. This needs to be changed quickly, unless someone wants everything to remain as it is and our defense to be as effective as it can be," an unnamed expert who participated in the preparation of the report on Russian influence told the media.

In April 2025, this document was sent to the prime minister Donald Tusk and other important people in Poland.

Restrictions on the use of Polish troops were introduced by the previous government, the conservative Law and Justice party (PiS), the day before Russia's full-scale invasion of Ukraine on February 23, 2022; now the current ruling coalition is amending this provision, Wyborcza writes.

This refers to one of the articles of the Law "On the Principles of the Use or Stay of the Armed Forces of the Republic of Poland Outside the State".

Prior to the amendments, the decision to use the Polish army abroad was made only by the country's authorities (the president at the request of the government) in a number of cases, including during an armed conflict or to strengthen the state or allied states.

However, in 2022, during the PiS government, a provision was added to the law stating that the use of Polish troops outside the state "may take place on the basis of a decision of the relevant body of an international organization of which the Republic of Poland is a member [e.g. NATO], an EU body, as well as on the basis of an invitation or consent of the host state," the media reports.

The exception to this is the use of the army abroad to evacuate Polish citizens, the report notes.

Meanwhile, the Polish Ministry of National Defense submitted a draft amendment to this law in late June (after the aforementioned Commission document, and, as Wyborcza suggests, in response to this report). This document is to be processed under an "accelerated procedure",

The relevant article remained in the document of the Polish Ministry of Defense, but with a different wording: "the use of the Armed Forces of the Republic of Poland outside the state may be based on the inherent right of self-defense, as referred to in Article 51 of the UN Charter."

It is also mentioned that the use of the army abroad requires a "decision of the relevant body" of an international organization of which Poland is a member, as well as an invitation or consent of the host state.

However, according to the author of the draft, the previous statement of the "inherent right to self-defense" and the reference to the relevant article of the UN Charter are sufficient for the use of troops abroad, as they indicate the necessary condition.

"This means that the Polish authorities – based on the principle of "shoot first, ask later" – can react quickly, relying solely on their own decisions and assessments, and any authorizations from external actors will be of a secondary nature," explains Wyborcza.

According to her, amendments to the law should be made "in the near future."

  • on September 14, four days after the Russian drone attack on Poland, foreign minister Sikorski said that the West should consider shooting down Russian missiles and drones over Ukraine.
  • The official noted that technically NATO and the European Union could do this, but emphasized that Poland could not make such a decision on its own, and only together with allies.