In recent months, Andrei Medvedev has faced the question: is he a hero or a war criminal? He claims to have left the Wagner team during the Battle of Bahamut. Crossing the vast Arctic lands, he finally managed to reach Norway, where he now seeks asylum.

Since his arrival in the country in January, Medvedev has voluntarily taken part in a dozen interviews with Norwegian authorities in which he allegedly provided information about the infamous mercenary battalion. He has already admitted his participation in the killings of Ukrainian soldiers, as well as participation in the mass executions of Russian soldiers accused of disobedience. However, he maintains that he did not take part in war crimes and did not witness them.

His lawyer argues that his client needs protection because of the serious risk he faces if he is repatriated. At the same time, a number of Norwegian politicians argue that a positive precedent in this particular case could provoke the desertion of other Russian soldiers and lead to the end of the war.

The Medvedev case highlights the dilemma facing European governments over how to deal with defectors from Russia. According to Cecil Helleswait, an expert on the law of armed conflict and a member of the Norwegian Human Rights Agency, this issue is at the core of European identity.

The EU and neighboring states such as Norway have also in the past been forced to balance solidarity with responsibility for war crimes such as the civil war in Syria or the wars in the Balkans. But the scale of this particular war presents an unprecedented challenge to the European asylum system, Helleswhite said.

The asylum request of a Russian deserter, a former Wagner mercenary, is a headache for Norway.

Four months after filing, Medvedev’s application remains pending. Other European countries such as France and Spain face similar dilemmas.

Medvedev has a large criminal record both in Norway, where he was arrested twice, and in Russia, where he served four years in prison. In addition to his run-ins with the law, Medvedev has repeatedly clashed with Ukrainian refugees in Oslo, highlighting strained relations between Russian defectors and Ukrainian refugees across Europe.

According to Norwegian law, refusal to take part in an illegal war entails the right to asylum. However, this right is not provided for war criminals.

The case is also being closely monitored by Ukrainian officials who are conducting their own investigation. Shortly after his arrival in Norway, Ukraine’s ambassador to Oslo said that his government might request his extradition. Such a request would put Norway in yet another dilemma, forcing it to choose between supporting an ally and complying with national law, which states that an asylum seeker cannot be extradited to a country where he is unlikely to receive a fair trial.

Medvedev refused to meet Ukrainian investigators in Norway.