Is Germany becoming a ‘warring party’ in Ukraine? – DW – 01/31/2023 / German News

Last week, the German chancellor announced the delivery of Leopard 2 battle tanks to Ukraine after what seemed like a long period of hesitation.

The government in Russia reacted promptly, interpreting the latest decisions by the Western alliance of US and European countries “as direct participation in the conflict,” as Kremlin spokesman Dmitry Peskov put it on Thursday, according to a report by the Russian news agency interfax.

That’s exactly what Chancellor Olaf Scholz(SPD) has tried to avoid: Triggering an accusation from Moscow that Germany is now also a direct party to the war in Ukraine. Heagain rejected the interpretation that Germany is directly involved in a war with Russia, telling public broadcaster ZDF on Wednesday: “No, absolutely not!” “There must be no war between Russia and NATO,” the chancellor added.

But concerns linger that Germany’s arms deliveries to Ukraine and the training of Ukrainian soldiers may make it a legitimate target of Russian attacks.

The legal concept of a “war party” originates from the international law of the 19th and early 20th centuries: Becoming a war party hinges either on a formal declaration of war or through direct participation in specific combat operations.

Putting boots on the ground would make Germany a war party, and providing intelligence for military operations or battle training for soldiers is considered a gray area. But weapons deliveries are seen as unproblematic.

Heavy weapons deliveries and self-defense

The United Nations Charter states, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”

Russia violated that precept with its attack on Ukraine last February. And the Charter clearly provides that in this case, all countries have the right to defend themselves, individually or collectively.

German experts claim Russia is the only party violating international law. “Every shot that Russia currently fires in Ukraine is a continuation of the breach of international law,” Markus Krajewski, professor of public international law at Erlangen-Nuremberg University, told broadcaster ARD. “Russia will only behave in accordance with international law again when it withdraws its troops behind its own borders.”

German Foreign Minister ruffling feathers

But more crucial than a legal definition is surely how Russia’s President Vladimir Putin will choose to interpret the weapons deliveries — and how he might react.

Just how sensitive the situation is right now was shown by the discussion that erupted the following statements made by German Foreign Minister Annalena Baerbock, of the Green Party. During a meeting of the Council of Europe on Tuesday, she had called for cohesion among Western allies by saying: “We are waging a war against Russia and not against each other.” The choice of words caused a stir, as politicians from Western countries have been careful to emphasize so far that supporting Ukraine does not mean they are a party to the war.

Russian Foreign Ministry spokeswoman Maria Zakharova demanded an explanation from the German ambassador in Moscow on Friday about the “contradictory” statements from Berlin. On the one hand, she said, Germany declares that it is not a party to the conflict in Ukraine.

On the other hand, Baerbock said that the countries of Europe were at war with Russia. “Do they themselves understand what they are talking about?” wrote Zakharova on the Telegram messenger channel.

Even if Germany and its other Western allies are on the safe side as far as international law is concerned, they are now increasingly becoming the focus of Russian propaganda as a result of the deliveries of heavy weapons. Vladimir Putin has not shied away from breaking international law in the past, and he is unlikely to do so in the future.

This article was originally written in German.

While you’re here: Every Tuesday, DW editors round up what’s happening in German politics and society. You can sign up here for the weekly email newsletter Berlin Briefing.