German court for the first time approves extradition of Ukrainian who refused military service
12 February 2025 18:13
The Federal Supreme Court of Germany has issued an unprecedented decision on the extradition of a Ukrainian citizen. This is the first time that the court has considered a case of extradition of a Ukrainian who tried to avoid returning to his homeland because he was unwilling to perform military service. And the German court immediately pointed out that such unwillingness is not a sufficient reason to listen to the requests of a Ukrainian citizen. This was reported by "Komersant Ukrainian" with reference to Yevropeiska Pravda.
According to the case file, Ukrainian law enforcement agencies appealed to the German side with a request for extradition of a man who was hiding in Germany. It is reported that in Ukraine, criminal proceedings have been opened against him on the fact of threats and physical violence against a police officer during a medical blood sampling procedure.
When the German authorities initiated extradition proceedings, the accused declared his refusal to return to Ukraine. The main argument was a potential draft into the army, which, according to him, contradicted his personal beliefs and conscience. The man claimed that after the start of the full-scale Russian invasion, he was denied the right to alternative service.
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The Higher Land Court of Dresden sought clarification from the Federal Supreme Court, which confirmed the possibility of extradition. The judges argued that conscientious objection cannot be a ground for refusing extradition, especially in circumstances where the state has been subjected to aggression in violation of international law.
The court also noted that the right to conscientious objection is not absolute. Neither the German Basic Law nor the European Convention on Human Rights contain provisions that would prevent extradition in such cases.
As of 2024, there are approximately 200,000 Ukrainian men in Germany. German politicians have repeatedly expressed the need to facilitate the return of men of military age to Ukraine. This decision may set an important precedent for further similar cases of extradition of Ukrainian citizens from Germany.
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