Nord Stream Pipeline Sabotage: Suspect Indicted in Hamburg
Hamburg, July 1st – The Federal Public Prosecutor’s Office has filed charges in Hamburg against a suspected mastermind behind the Nord Stream pipeline attacks that occurred in September 2022. This marks the first indictment in the extensive investigation into the sabotage of the critical energy infrastructure.
Indictment Details and Allegations
According to multiple media reports, the Ukrainian national, identified as Serhii K., faces charges of war crimes, causing an explosive detonation, and destruction of structures. While the highest prosecutorial authority in Germany has not yet officially confirmed the details, it is believed that Serhii K. coordinated the operation in the Baltic Sea.
The State Protection Senate of the Hanseatic Higher Regional Court in Hamburg will now decide whether to admit the indictment and schedule a trial date. Serhii K. has been in German pre-trial detention since his extradition from Poland on November 27th, following his arrest three months prior. An appeal against his detention in December was rejected by the Federal Court of Justice (BGH).
The Operation: A Detailed Account
The BGH’s December ruling provided insights into the investigators’ understanding of the operation. Serhii K. allegedly boarded the sailing yacht Andromeda in the port of Wiek on Rügen by September 8, 2022, along with six accomplices: a skipper, an explosives expert, and four deep-sea divers. A middleman had chartered the yacht for several weeks.
The group is suspected of having attached four timed explosive devices to the gas pipelines at depths of up to 80 meters near Bornholm. These were military-grade high explosives with significant destructive power, capable of detonating in deep water. The explosions occurred on September 26, 2022.
Immunity and State Involvement
Serhii K. was reportedly an officer in a special unit of the Ukrainian armed forces at the time. His Italian lawyer had previously questioned whether he could be held accountable for the alleged sabotage given his military status. German authorities also believe the sabotage was carried out on behalf of a foreign state. However, they argue that this does not preclude prosecution in Germany.
The Federal Court of Justice stated in its December ruling that international immunity for officials does not apply to “intelligence-controlled acts of violence.” Furthermore, Serhii K. likely cannot invoke the combatant privilege, which exempts lawful acts of war by members of armed forces from criminal prosecution. This is because covert military actions are not covered, and the pipelines were considered civilian objects.
The fact that the acts occurred in international waters also did not deter the Third Criminal Senate in Karlsruhe. German criminal jurisdiction, meaning the authority to prosecute and enforce penalties, is established because the consequences of the explosions also affected German territory. The court also confirmed the jurisdiction of the Federal Public Prosecutor’s Office, a decision that could be relevant to the trial in Hamburg.
Extradition Refusal by Poland
The criminal prosecution of the attacks faced another hurdle last autumn when a diver, also allegedly involved in the attacks, was apprehended in Poland in September and temporarily held in pre-trial detention. However, Polish justice rejected Germany’s extradition request, and the Ukrainian national was subsequently released.
Polish Prime Minister Donald Tusk had previously emphasized that it was not in his country’s interest to prosecute the man or extradite him to another state. Poland’s political leadership had consistently opposed the construction of the pipeline.
