German court allows first extradition of Ukrainian who refused to serve in military

Germany’s Federal Court of Justice has, for the first time, approved the extradition of a Ukrainian citizen who had attempted to avoid extradition by citing his personal objections to serving in the Armed Forces.

As reported by German public broadcaster MDR, Ukrainian law enforcement had requested the extradition of the man, whose name and personal details have not been disclosed, after he fled to Germany.

In Ukraine, he is accused of threatening and physically assaulting a police officer during a blood test procedure at a hospital.

After Germany initiated extradition proceedings, the man argued that he could be called up for military service if extradited to Ukraine.

He claimed he had refused to do military service on grounds of conscience because he did not want to kill people, but after Russia’s full-scale invasion of Ukraine, his right to conscientious objection was denied.

The Higher Regional Court in Dresden sought clarification from Germany’s Federal Court of Justice on whether extradition could be granted in such a case, and the court ruled in favour of extradition.

The judges justified their decision by stating that conscientious objection to military service does not constitute grounds to block extradition if the country has been attacked in violation of international law, meaning the individual should expect to be called up for service.

The federal court ruling also stated that the right to conscientious objection is not absolute and that Germany’s Basic Law and the European Convention on Human Rights do not prevent extradition.

As of 2024, reports indicate that around 200,000 Ukrainian men are living in Germany.

Some German politicians and officials believe that Berlin should help Ukraine bring back military-age men who left Ukraine after the beginning of Russia's full-scale invasion.