German Federal Court of Justice Sees Kyiv Behind Pipeline Blasts: Ruling: Intelligence Operation Not an Act of War / Serhij K. Remains in Custody

As of early 2026, he remains in custody in Germany awaiting potential trial proceedings for the destruction of the pipelines in September 2022.

 

“FRANKFURT. The Federal Court of Justice (BGH) is of the opinion that the sabotage of the Nord Stream pipelines in September 2022 constituted an 'intelligence-controlled act of violence' carried out on behalf of a foreign state. A ruling published on Thursday reveals that the court considers Ukraine to be the party that commissioned the attack. The court cited this reasoning in dismissing an appeal against detention filed by the Ukrainian suspect, Serhij K. He is charged with anti-constitutional sabotage, committed in conjunction with causing an explosion and destroying structures.

 

In the view of the Federal Court of Justice, the gas pipelines did not constitute a legitimate military target, as they served primarily civilian purposes.

 

The accused was arrested in Italy in August of last year and subsequently transferred to Germany. His lawyers had filed an appeal against his detention, invoking the laws of war regarding permissible harm (the 'combatant privilege'). According to the defense, the act of sabotage was justified as a 'lawful act of harm by Ukraine' in its conflict against Russia.

 

Another suspect, Wolodymyr S., was released from pre-trial detention in Poland in October. His lawyers had similarly argued that damaging infrastructure vital to Russia was permissible under international law. The Polish court accepted this argument, refused to transfer him to Germany, and released Wolodymyr S.

 

At the time of the explosions, Serhij K. was a member of a special forces unit within the Ukrainian military. His then-superior, Roman Chervinsky, confirmed this in December 2025 in response to an inquiry from the news magazine *Der Spiegel*. In an interview with the *F.A.Z.* in November 2024, Chervinsky described the sabotage of the gas pipelines 'as a good thing,” but declined to discuss details of the operation.

 

According to the Federal Public Prosecutor’s Office, the perpetrators chartered a sailing yacht in September 2022, sailed to a maritime area near Bornholm, and, during diving expeditions, attached several explosive devices to the gas pipelines.” [1]

 

1. BGH sieht Kiew hinter Pipeline-Sprengung: Beschluss: Geheimdienstoperation keine Kriegshandlung / Serhij K. bleibt in Haft. Frankfurter Allgemeine Zeitung; Frankfurt. 17 Jan 2026: 1.