Buschmann and Lambrecht do not see Germany at war

DrThe first soldiers from Ukraine arrived in Germany on Wednesday. Her training for the Panzerhaubitze 2000 will begin at the artillery school in Idar-Oberstein. The federal government will deliver seven modern rifle systems to Ukraine. Defense Minister Christine Lambrecht (SPD) said at ZDF Mittagsmagazin that training Ukrainian soldiers in Germany with self-propelled howitzers is not an entry into the war. This is their legal assessment. “We are training here, yes, but of course we are not sending any soldiers. That is why this training, this support is not a step towards becoming a party to the war.”

Federal Minister of Justice Marco Buschmann said regarding the delivery of heavy weapons that Germany does not make itself a party to the war. “I can take that concern,” the FDP politician said when questioning the federal government in the German Bundestag. The UN Charter clearly states that the only legitimate form of war is defensive warfare. Anyone who supports a country in its self-defense, even with heavy weapons, says Bushman, “does not become a party in war.”

A report issued by the German Bundestag’s scientific department in March of this year came to a different conclusion. She said that there is a consensus that Western arms shipments are not considered an entry into war under international law. However, the scientific service stated: “Only if the instructions of the party to the conflict or training in such weapons, in addition to the supply of weapons, are also problematic, one can leave the safe non-war zone.”

There are differing opinions on this matter among experts in international law, and there is a lack of clear case law. There is an agreement that Russia’s aggressive war against Ukraine is a clear violation of the UN Charter’s prohibition on the use of force and that the supply of arms does not make a country a party to the war.

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