The Russia-Ukraine Conflict, Universität Hamburg

Chapter 2

Is Germany becoming a party to the war by supplying weapons?

by Lea Kozielski

Neutrality in war

Bavarian Broadcasting headline from January 26, 2023: "Is Germany becoming a party to the war because of tank deliveries?"

Illustration: Marlin Beringer

International law also regulates relations between states in times of war. An old principle of international law in the event of war entails the so-called 'neutrality'. According to this principle, a state can either be a party to the war and actively participate in it, or it can refrain and be neutral.

Neutral states are obliged to remain impartial and abstain; they cannot support any of the warring parties.

In return, the warring parties may not involve neutral states in the war and, for example, attack them. According to this old principle, weapons deliveries to Ukraine can constitute preferential treatment and partisanship and hence can violate impartiality and the law of neutrality.

Out of time - neutrality under international law

https://commons.wikimedia.org/wiki/File:Carl_von_Clausewitz.PNG

Portrait of General Carl Philipp Gottlieb von Clausewitz

However, a violation of the neutrality requirement does not automatically lead to entry into war as a belligerent.

At the time when the law of neutrality and impartiality was established, states were still permitted to enforce their political interests through war. War was permitted and, according to General Clausewitz, was regarded as the "continuation of politics by other means." Today, the legal situation is different!

Today war is forbidden, but self-defense is allowed!

Text of the right to self-defence, Art. 51 UN Charter:

Self-defense according to Art. 51 UN Charter

Today, not only war, but all violence between states is prohibited under the UN Charter. However, states are allowed to defend themselves. A state may also be supported by other states in its self-defense.

The victim can therefore be helped today in order to stop the lawbreaker, even if this runs counter to the old law of neutrality.

Will this make Germany a party to the war and allow it to be attacked by Russia?

Illustration: Marlin Beringer

The current support measures for Ukraine (arms deliveries and training) do not mean that Germany can be attacked by Russia. Active hostilities are taking place exclusively between the Russian and Ukrainian armed forces. Acts of war may only be carried out in this relationship as permitted by the Geneva Conventions.

An attack by Russia on other states would mean a further violation of the UN Charter's ban on the use of force and is not permissible under international law in light of current events.

But does Russia care about legal conditions?