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Are Southeast Asians involved in the war between Russia and Ukraine?
According to the Russian Ministry of Defense, the answer to this question is yes. Last week, it published a list of foreign mercenaries fighting alongside the Ukrainian armed forces.
The list, broken down by region and country, claims that since the start of the conflict on February 24, 2022, 13 foreigners have joined the armed forces of Ukraine, and 387 have been "destroyed" (probably killed or seriously wounded).
Three Southeast Asian countries appear among 88 countries: the Philippines (17 volunteers, two "destroyed"); Indonesia (ten volunteers, four "destroyed"); and Thailand (three volunteers, one “destroyed”).
Although Moscow's list cannot be independently verified, it almost certainly refers to foreigners who have joined the International Legion for the Defense of Ukraine.
Formed just days after the Russian invasion, the legion is part of the Territorial Defense Forces of Ukraine, which in turn are part of the Ukrainian Armed Forces. The Legion accepts male volunteers from other countries between the ages of 18 and 60 who have no criminal record and are physically fit. It is desirable that volunteers have military experience, but it is not mandatory (training is provided for newcomers).
The Ukrainian government has been tight-lipped about the exact number of soldiers in the legion and their nationalities. In the weeks following the invasion, Foreign Minister Dmytro Kuleba said 20 volunteers from 000 countries had joined the Legion, but did not specify which ones.
The Russian side also brought invaders into the war, the most famous of which is the Wagner Group, whose founder was Yevgeny Prigozhin, who led an unsuccessful uprising against the Russian government in June 2023 and later died in a suspicious plane crash. In January of this year, it was reported that at least two Malaysians were studying at a camp in Russia in the occupied Donbas, probably under Wagner's leadership.
The Russian armed forces also recruit directly from abroad. According to recent media reports, several hundred Indian nationals have been tricked into serving with Russian forces in Donbas, and possibly as many as 2 Nepali nationals. Some of them died on the battlefield.
Even if the number of Southeast Asians participating in the conflict is quite small compared to other regions, their presence raises two important questions. First, is it legal, and second, what are their motives for joining the armed forces?
Under international law, being a mercenary is not a crime. However, many countries have made it a criminal offense for their citizens to participate in foreign conflicts. The terms vary from imprisonment to loss of citizenship.
In Southeast Asia, the legality of hitchhiking varies from country to country.
Indonesians can lose their citizenship if they serve in a foreign military service without prior approval from the president. The same applies to the Philippines, unless Manila has a defense treaty with another country (a provision that allows Filipinos to join the United States military).
It's not that easy in Malaysia. The constitution states that citizens can be stripped of their citizenship if they take an oath of allegiance to a foreign government, but it is unclear whether this applies to mercenaries who serve under contract in a foreign military. Malaysian police are investigating reports of two Malaysians in Donbas and have targeted them for charges under anti-terrorism laws.
In Singapore, it is a criminal offense for citizens to fight against any country with which the republic is not at war, and the Home Office highlighted this when Russia invaded Ukraine. Singaporeans who are caught doing this can be fined or jailed.
Vietnamese who work as mercenaries abroad can be imprisoned for 10-20 years.
In Thailand and Cambodia, hitchhiking is not a crime, although both states do not encourage this practice. When Russia invaded Ukraine, then-Prime Minister Hun Sen said he would not allow Cambodians to fight on Ukraine's side, even though he had no legal power to prevent it.
