HAMBURG, Oct. 27 – The Nord Stream sabotage trial resumed in Hamburg on Tuesday, with federal prosecutor Stefan Schmidt urging the court to reject a defence bid to halt proceedings. Schmidt argued that Ukrainian military secrecy obligations did not prevent Serhii Kuznetsov from receiving a fair trial.
The dispute dominated the opening of the second day of proceedings against the Ukrainian former military officer, who is accused of helping organise the September 2022 operation that damaged three of the four Nord Stream pipeline strings beneath the Baltic Sea.
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Schmidt challenged the defence’s interpretation of the European Convention on Human Rights. Its protections, he argued, could not be interpreted as allowing a state to prevent a prosecution simply by withholding permission for a defendant to disclose information covered by secrecy obligations.
The judges were expected to retire to consider the arguments. No decision on the defence’s request had been announced at the time of writing.
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At the trial’s opening on Oct. 14, Kuznetsov’s lawyers sought to have the proceedings discontinued, arguing that his obligations under Ukrainian military secrecy rules left him unable to answer the allegations and mount an effective defence. They also disputed the evidence of his alleged leadership role and challenged the prosecution’s characterisation of the pipelines as civilian infrastructure.
Kuznetsov faces charges including causing an explosion, destroying structures, disrupting public services and committing a war crime involving an attack on civilian objects. He denies involvement.
His lawyers argue that Nord Stream served Russian military and strategic interests, raising a question that extends beyond reconstructing the sabotage itself: how should the pipelines be classified under the laws of war?
The prosecution alleges that the operation was carried out on behalf of Ukrainian state authorities. Ukraine has denied responsibility for the attacks.
Tuesday’s arguments brought a more immediate question to the fore: whether the proceedings can fairly continue while the defence maintains that Kuznetsov remains bound by secrecy obligations.
The case leaves several central issues unresolved:
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What evidence establishes Kuznetsov’s individual role in the alleged operation?
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Were the pipelines civilian objects or a lawful military target?
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Can the defence obtain the information and authorisations it says it needs from Ukraine?
For Germany, one of Ukraine’s principal supporters in its defence against Russia’s invasion, the proceedings bring allegations against a Ukrainian serviceman before its own courts. For Kuznetsov, the immediate question is whether the court can hear his defence – and whether the trial will proceed at all.
Korbinian Leo Kramer is currently a correspondent for the Kyiv Post, reporting from both Central Europe and the frontline regions of Ukraine. He previously worked as a freelance journalist and photographer across eastern Ukraine, covering the human and social dimensions of Russia’s fullscale invasion. His reporting focuses on resilience, everyday life, and the realities of war.