The use of German weapons in Russia

2024-08-17 09:33:00, Kosova & Bota CNA

Legally, the use of German weapons in Russia is not a problem. But politically, the situation is different.

For the Defense Ministry, the issue is simple: "These are Ukrainian weapons," says spokesman Wolfgang Büchner. This means that, according to their interpretation, the German government has nothing to do with the weapon since it was delivered to Ukraine. Ukraine itself is now responsible for the use of these weapons.

The offensive in the Kursk region was "an operation prepared in great secrecy and without reaction," meaning it was carried out without coordination with Berlin, Büchner said. The only important thing, he added, is that Kiev's adheres to international law. Ukraine has guaranteed this to the government in Berlin. "There are no additional restrictions on the use of weapons," Ukraine is "free to choose its options."

Germany does not participate in the operation

The government in Berlin has not yet announced whether German weapons were actually used in Ukraine's offensive in Russia. In military terms, Leopard 1 and 2 or Marder battle tanks could be used, as well as rocket launchers. Russian media have published images claiming that a Marder combat vehicle from Germany is seen in the Kursk region. But even if the photos are authentic, "Germany, legally speaking, is not a participant in this military operation by the Ukrainian armed forces on Russian territory," Rafael Loss from the European Council on Foreign Relations in Berlin told DW.

As long as Ukraine complies with humanitarian law provisions, it is allowed to conduct such military operations. For example, civilian targets should not be attacked and prisoners of war should be treated fairly. Ukraine is sticking to it for now - unlike Russia.

German politics sees no problem

Politicians from various government and opposition parties have also made it clear that legally such use would not be a problem. "Of course the state that is attacked has the right to defend itself. This includes the right to act on Russian territory according to international law, as long as all the rules are followed," said Lars Klingbeil, co-chairman of the Social Democratic Party of Germany (SPD). which includes Chancellor Olaf Scholz. This position of the SPD co-chairman, which is considered the party of peace, is relatively new. The politicians of the two coalition partners, the ecologists and the FDP, have declared in favor of the use of German weapons in Russia. even before the Kursk offensive.

Roderich Kiesewetter, a security policy expert at the CDU, told DW earlier this year: "Ukraine's attacks on military targets on Russian territory are not only legally permissible, but also militarily-strategically justified and absolutely meaningful." This, he believes, does not make Germany an active participant in the war.

International law

Politicians most often refer to Article 51 of the UN Charter. It speaks of the "natural right of individual or collective self-defense" of every state. The legal situation regarding the use of German weapons in Russia was confirmed by Wolff Heintschel von Heinegg, an expert in international law at the European University of Viadrina in Frankfurt am Oder. In an interview for DW, he emphasized that in international armed conflicts, "neither party to the conflict is obliged to limit hostilities to its territory".

Chancellor's silence The legal situation is one thing, while the political aspect is something else entirely. Chancellor Olaf Scholz has long been reluctant to deliver any new weapons to Ukraine. For example, tanks were not delivered for a long time. Only after intense domestic political debates and international pressure were the requirements for such weapons systems finally approved. The reason for the hesitation was the concern about the escalation of the war and especially the danger of Germany's involvement in the war.

To date, Scholzi has refused to deliver Taurus missiles to Ukraine. With those long-range missiles, Ukraine can also attack targets in Moscow. For now, the chancellor is keeping quiet about the possible use of German weapons in the Ukrainian offensive at Kursk.

While the opposition parties, the right-wing AfD and the left-wing coalition of Sahra Wagenknecht have opposed the delivery of weapons to Ukraine and demand dialogue with Russia. Finally, 36 percent of Germans polled in July said they were opposed to further arms shipments to Ukraine. And if the information that Ukraine is using German weapons in Russia is confirmed, the mood of a part of the German population may change even more against military aid for this country./ DW