Nord Stream trial opens in Germany, defense seeks dismissal

Serhii Kuznietsov is accused of attacking civilian infrastructure in the 2022 sabotage of the Russian gas pipeline to Germany. His lawyers called Nord Stream a military target, and said their client is sworn to secrecy.

The trial of a former Ukrainian special forces officer, Serhii Kuznietsov, opened in the northern German city of Hamburg on Wednesday amid considerable public and press interest.

Kuznietsov is accused of leading the September 2022 sabotage operation that put the undersea Nord Stream 1 and 2 gas pipelines linking Russian to Germany out of action. The pipelines remain inactive four years later, with no sign of plans to ever reactivate them as Russia's full-scale invasion of Ukraine heads into its fifth winter.

Prosecutors accuse the Ukrainian of participation in a war crime by targeting civilian infrastructure, but his defense lawyers on Wednesday argued that the case should be dismissed entirely on multiple grounds.

A team of three lawyers representing Kuznietsov questioned the premise of the trial in court.

One of Kuznietsov's lawyers, Nicola Canestrini, argued that it was not valid to try the officer on war crimes charges for an attack on civilian infrastructure.

He argued that the pipeline, which provided half of Germany's natural gas imports prior to Russia's 2022 invasion of Ukraine, was ultimately a "Russian weapon," given the importance of energy revenues for funding Moscow's military.

"Is it unlawful to destroy an aggressor's infrastructure without harming any human beings?" Canestrini asked the court.

After the charges were read out, the judge asked Kuznietsov if he wanted to comment, and he said that he did not.

His lawyers argue that this silence extends beyond not speaking in court and say this should be the main grounds for dismissal.

They say Kuznietsov is sworn to secrecy by his home government in Ukraine and so is unable to discuss his case or potential exonerating evidence with anyone, including his legal representatives.

"He is not permitted to speak. His two immediate superiors told him that he does not have authorization to make any statements — not even to his lawyers," defense attorney Jes Meyer-Lohkamp told the court. In German law, Meyer-Lohkamp argued: "Anyone who cannot speak out cannot be convicted."