Ukraine 'free to choose' German weapons for Russia advance

For the spokesman of Germany's Ministry of Defense, the matter was simple: "Those are Ukrainian weapons," said Wolfgang Büchner when asked about the issue in the weekly press conference. The ministry's position is that once the weapons have been delivered to Ukraine, the German government no longer has anything to do with them. Ukraine is solely responsible for their deployment.

Büchner described Ukraine's offensive in the Kursk region as a "very secret operation planned without prior coordination," suggesting it was carried out without the German government being informed. The spokesperson emphasized that the only thing of concern to the German government is Kyiv's compliance with international law, adding that Ukraine was "free to choose its options" for self-defense.

Ukraine has received German-made Leopard 1 and 2 battle tanks, Marder infantry fighting vehicles, and rocket launchers. Whether any of them are being used in the Ukrainian offensive into Russia has not yet been confirmed by the German government, although Russian media have circulated images that appear to show German-supplied Marder armored vehicles in the Kursk region.

Even if the pictures are true, "from a legal perspective, Germany is very clearly not involved in this military operation of the Ukrainian armed forces on Russian territory," Rafael Loss, a policy fellow at the European Council on Foreign Relations in Berlin, told DW.

As long as Ukraine does not violate humanitarian law by attacking civilian targets, or abusing prisoners of war, German politicians from various political parties see no problem with the Ukrainian military's actions. They point toArticle 51 of the UN Charter, which refers to "the inherent right of individual or collective self-defense" of every state.

"Of course, a state that is attacked has the right to defend itself. This also means that they have the right under international law to take action on Russian territory as long as they abide by those laws," said Lars Klingbeil, co-chairman of Chancellor Olaf Scholz's center-left Social Democratic Party (SPD), in an interview with public broadcaster ARD.

Roderich Kiesewetter, a national security expert from the largest opposition party, the conservative Christian Democratic Union (CDU), told DW at the beginning of the year: "Attacks by Ukraine against military targets on Russian territory are not only permissible under international law, they are also necessary in terms of military strategy and make perfect sense."

This does not make Germany an active participant in the war, he wrote in an email.

The Chancellor remains silent

German Chancellor Olaf Scholz has so far remained silent on the possible use of German weapons in the Ukrainian advance into the Kursk region.

Scholz has long been cautious in his decision-making to supply Ukraine with German battle tanks and fighter jets. Only after intense domestic political debate and international pressure on the German government were deliveries of weapons systems like Gepard tanks finally approved.

The reason for this hesitation has been the fear of an escalation in the war, and specifically of Germany being drawn into it. For example, Scholz still opposes the delivery of Taurus cruise missiles to Kyiv, pointing out that Vladimir Putin may see that as crossing a line. These long-range missiles could even be used by Ukraine to attack targets in Moscow.

Regional elections have an impact

The issue of German involvement in Ukraine's self-defense against Russia is sensitive ahead of the upcoming regional elections in Saxony, Thuringia, and Brandenburg. They are seen as the last big popularity test ahead of the general elections for the national parliament in September 2025. The center-left parties in Chancellor Scholz's government have seen their support dwindle in opinion polls to the extent that they may not win representation in Saxony and Thuringia at all.

In all eastern German states, the far-right Alternative for Germany (AfD) and the populist Sahra Wagenknecht Alliance (BSW) are currently enjoying high approval ratings.

Both parties generally oppose arms deliveries to Ukraine and would like to improve relations with Russia. "The elections in the east are also a vote on war and peace," leader Sahra Wagenknecht told public broadcaster Deutschlandfunk. She has suggested that her party would only be willing to enter a coalition government with parties that do not support weapons deliveries to Ukraine or the deployment of US rockets on German soil.

Although foreign policy is not the responsibility of the federal states, the heads of government in Saxony, Thuringia and Brandenburg — representing very different parties — have been seen to take voters' concerns on board. Saxony's state premier Michael Kretschmer, of the CDU, has spoken out in favor of cutting military aid, also for financial reasons — a clear departure from his national party's position.

Dietmar Woidke, head of the SPD in Brandenburg, called on the German government to take on the role of mediator between Russia and Ukraine. And Thuringia's state premier Bodo Ramelow, from the Left Party, called for a European peace settlement that would include Russia as well as a "non-aggression pact" between all participating states.

In July, 36% of Germans surveyed by ARD's Deutschlandtrend said that the arms deliveries to Ukraine had gone too far; in the east, the figure was 50%. Confirmation that Ukraine is using German weapons in Russia could further shift sentiment among some German citizens against military support.

This article was originally written in German.

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