With a twelve-page opinion in March, which, although not binding, is significant, the Scientific Service of the German Parliament is coming to shake the waters on the German turn in foreign and security policy, but also the growing one its assistance to war-torn Ukraine.
The opinion is entitled “Legal issues related to military assistance to NATO member states in Ukraine. Between neutrality and participation in the conflict “and recalls the basic principle of the Charter of the United Nations – which is also recognized by the Russia-, according to which one state can support another attacking state “without having to become the same part of the conflict».
Consequently, there is a consensus in the Scientific Service that, in accordance with international law, Western support for arms supplies to Ukraine does not count as involvement in the war Provided, of course, that the West does not take part in hostilities. That’s true “regardless of the range of military suppliesAnd also regardless of whether the weapons are “offensive” or “defensive” in nature.
Training of Ukrainian soldiers on German soil
In terms of the delivery of heavy weapons in particular, including German tanks, the Scientific Service considers that this is therefore not contrary to international law and does not constitute participation in a war, unless of course the country that sends weapons to the companies also participates. This opinion was adopted before last week’s resolution in the Plenary of the Bundestag, which gives the green light to the delivery of further, advanced weapons systems to Ukraine.
But the same is not true with the training of Ukrainian soldiers on German soil. According to the opinion, this means in essence German involvement in the war. The opinion observes: “Only if, in addition to the supply of weapons, instructions are given in part of the conflict or soldiers are trained in the use of weapons, then one can be considered to be leaving the safe area of ​​non-conduct of warSays the opinion.
The representative of the German government, Stephen Hempstreet, however, when asked to comment on the opinion at yesterday’s government briefing, simply stated that the The German government is convinced that training soldiers does not mean direct involvement in the war.
It should be noted that this opinion was drafted in March, before the announcements of the Ministries of Defense of the United States and Germany for the training of about 100 Ukrainian soldiers in the use of complex weapons, eg self-propelled grenade launchers on German soil and specifically at the US base in Ra. in the state of Rhineland-Palatinate.
Deutsche Welle
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