Germany and Ukraine
Minister: Delivery of heavy weapons would not be entry into the war
“We call on all Ukrainian refugees that they can contact any police station if they have become victims or witnesses of war crimes,” says FDP Justice Minister Marco Buschmann. Photo: John Macdougall/AFP/POOL/dpa
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German tanks for Ukraine? Justice Minister Buschmann sees no problem in this, at least in terms of international law. The FDP politician also wants to bring Russian war criminals to justice in Germany.
In the debate about the delivery of tanks and other heavy weapons to Ukraine, Federal Minister of Justice Marco Buschmann points out that, under international law, this would not mean entering the war against Russia.
Ukraine is waging a permitted defensive war against Russia, the FDP politician told Welt am Sonntag. “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 that they can contact any police station if they have been victims of or witnessed war crimes.” The evaluation is carried out by the Federal Criminal Police Office, embedded in an investigation by the Attorney General.
Putin would be exempt from prosecution
“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 in Ukraine, Buschmann said: “There is no doubt that disgusting and terrible crimes are being committed in Ukraine by Russian soldiers.” 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.
“No one can know who is mixing in there”
“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: “No one can know who is mingling with them. It is all the more important that we register people and know exactly who is here.” Buschmann added: “We will ensure that security checks are carried out here as well, 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.”