Delivery of heavy weapons to Ukraine: According to international law, no entry into the war

From the point of view of international law, Justice Minister Buschmann sees no danger of Germany becoming a party to the war if Germany supplies Ukraine with heavy weapons. He called on Ukrainian refugees to report war crimes to the police.

Federal Minister of Justice Marco Buschmann has classified possible deliveries of heavy weapons to Ukraine as legitimate under international law. In the “Welt am Sonntag” the FDP politician said that Ukraine was conducting a legitimate defensive war against Russia. “So if they are exercising their legitimate right to self-defense, supporting them by supplying arms cannot lead to becoming a party to the war.” This is not just his personal view, but that of the federal government.

Buschmann said that Germany was one of the first countries in the world to systematically investigate and secure evidence of war crimes in Ukraine. “We call on all Ukrainian refugees to contact any police station if they are victims or witnesses of war crimes.” The evaluation is carried out by the Federal Criminal Police Office, embedded in an investigation by the Attorney General.

Putin exempted from possible charges

“If we can get hold of Russian citizens and charge them with evidence, then we will bring them to justice under universal jurisdiction – just like we did with Syrian torturers,” he told the paper.

But Russian President Vladimir Putin would definitely be exempt, said Buschmann. International law stipulates that active heads of state may not be investigated. Regarding US President Joe Biden’s accusation of “genocide” by the Russians, Buschmann said: “There is no doubt that disgusting and terrible crimes are being committed by Russian soldiers in Ukraine.”

Refugees are screened

For genocide to be legally proven, there must have been an intention to destroy, in whole or in part, a national, racial, religious or ethnic group as such. He could not yet say whether there was any evidence of this. “But I think that President Biden wanted to send a clear political message rather than a legal judgment in the technical sense,” he said.

When asked whether Russian war criminals were also entering the country with the refugees, Buschmann said: Nobody could know who was mingling there. It is all the more important that people are registered and “we know exactly who is here”. Security checks would be carried out here, “because we cannot rule out that the route to Germany will be used to smuggle in people in a targeted manner in order to destabilize our country. We are helpful, but vigilant”.