Between inclusion and exclusion: Protection under EU law for Russians refusing to perform military service

Following Russia’s announcement of a partial mobilisation of 300,000 Russian personnel on 21 September 2022, thousands of Russian men of fighting age are seeking to leave the country. Long queues were reported at border crossing points with Georgia and Finland, while wealthy individuals reportedly pay up to £25,000 for a seat on a private plane to Armenia, Turkey or Azerbaijan. In response to this, Latvia, Lithuania and Estonia indicated that they will not offer refuge to any Russians fleeing Moscow's mobilisation of troops due to security concerns. As pointed out by asylum lawyers – for example Alasdair Mackenzie of Doughty Street Chambers on Twitter – however, Russians refusing military service may well be entitled to asylum, seeing as there is evidence of Russian troops committing war crimes in Ukraine. Germany, on the other hand, has stated that it will accept their asylum applications if they can get there. Which states are right?