Expulsion of Russian diplomats: How Germany protects itself from espionage

Berlin is considered the capital of spies – especially in times of war. This is probably one of the reasons why Germany has now expelled Russian diplomats. But how does the government know who works for secret services?

Especially now, in times of war, the need for classified information is growing. Russia, which is waging a war of aggression against Ukraine, wants to know the capabilities, intentions and information of its opponents, but also of their supporters. The solution – as in the days of the Cold War: espionage, be it with human or technical sources. Incidentally, Ukraine is also dependent on such information, especially about the troops in the combat zone. As is well known, the United States in particular is helping here.

Secret service expert Gerhard Conrad explains: In a political, but even more so in a military conflict, espionage can help to achieve important tactical advantages and thus decisively weaken the opponent or even intimidate his supporters.

Berlin – capital of spies

Berlin is still considered a capital of spies. Important decision-makers and lobby groups are gathered here. Jan-Hendrik Dietrich, a professor at the Federal University of Applied Sciences, says that anyone who wants to control, manipulate, infiltrate or investigate Europe has to start in Germany. In addition, due to the diversity of its population and milieu, Berlin offers the opportunity to “operate relatively unrecognized”.

At the beginning of the week, Foreign Minister Annalena Baerbock declared dozens of Russian embassy employees in Germany undesirable. This must also be understood as an effort to curb Russian espionage in Germany.

It is important to know that the secret service employees themselves do not obtain the information directly, they do not act as spies. Rather, Conrad calls them “agent handlers” who locate, recruit, and direct spies. For example in ministries, authorities, armed forces, research institutions or political groups, parties, associations, also the respective diaspora and foreign opposition.

Registered and “clandestine” intelligence agents

In Germany, the protection of the constitution is responsible for preventing espionage. First of all, he knows which secret service employees are officially registered. This also applies to the employees of the Russian services, the civilian SWR or the military GRU, who then also work at the official representation of their secret services in Germany, at the so-called “legal residences” and are allowed to do so, explains Dietrich. These legal residencies are usually located at the embassies; their relatives enjoy diplomatic immunity.

Scientist Dietrich, a specialist in the law of intelligence services, assumes that there are often other secret service employees in addition to those who are registered, who the states secretly smuggle into the embassies. It should be the same in the case of Russia. These employees are then active as cultural, military or economic attachés.

It is unlikely that Foreign Minister Baerbock could have quickly received evidence of behavior contrary to status by Russian embassy employees. Rather, it can be assumed that the Office for the Protection of the Constitution had already carried out extensive investigations long beforehand. The Foreign Minister has accused the now “undesirable people” in the Russian embassy of working against German interests and social cohesion. What’s more, they posed a danger to those seeking protection in Germany.

What is the legal basis for expulsions?

In order to order an expulsion correctly in accordance with international law, the Foreign Minister must be able to prove that the embassy employees have acted in violation of their status. The rights and duties of embassy employees are regulated in the Vienna Protocol on the Law of Diplomatic Representations. The core obligation here is to respect the laws of the host country.

“Recruiting and managing intelligence sources,” says intelligence expert Conrad, also counts as behavior contrary to status. Sources are people who are willing to provide Russia with secret information in violation of German law – from authorities, the armed forces or research institutions, usually in exchange for money. However, the covert spying on people or objects could also be a reason for expulsion, for example if the aim behind it is to prepare a crime.

For a long time in the sights of the Office for the Protection of the Constitution

It has long been no secret that Russian services are also murdering “enemies of the state” in Germany. The Russian secret service FSB ordered a murder that was committed in August 2019 in cold blood in the Kleiner Tiergarten, in broad daylight. Conrad is certain that a secret service demonstration of power against members of the opposition, which must have been operationally and logistically prepared by the Russian embassy.

Apparently, the Office for the Protection of the Constitution has long observed Russian embassy employees engaging in activities that violate their status. The findings are not publicly known. How the Office for the Protection of the Constitution got the information naturally remains secret. Embassy staff may have compromised themselves through careless actions, Conrad explains.

What is meant is that, for example, they sought or maintained contacts in a conspicuous manner or were overheard while transmitting secret information. Even counter-espionage operations in the Russian embassy are theoretically conceivable.

“The Favor of the Hour”

As a rule, deportations only occur after blatant events, such as the attempted murder of Sergei and Julia Skripal in Great Britain with the nerve agent Novichok in 2018 or now the Russian war of aggression against Ukraine, which is currently leading to deportations in numerous European countries against the background of the difficult diplomatic crisis has led. The governments took advantage of the “opportunity of the hour” to “clean the slate” to a certain extent, explains Gerhard Conrad.

One thing is clear: Germany, like all other affected European countries, will now have to reckon with upheavals, according to Conrad. In particular, it can be assumed that Russia will also order German embassy staff to be expelled. However, Jan-Hendrik Dietrich is certain that at least a small group of secret service agents will remain in the respective legal residences on both sides. Previously unrecognized Russian undercover agents will continue to be expected.