The deployment by a NATO country of ground forces in Ukraine would not automatically mean that other countries of the North Atlantic Alliance become parties to the conflict, the Research Service of the Bundestag (the lower house of the German federal parliament) believes, informs the agency on Friday DPA, quoted by Agerpres.
“If the NATO member state acts unilaterally (that is, not within the framework of a previously decided NATO operation or outside the NATO command structures), then neither NATO as a whole, nor other NATO states become parties to the conflict”, argue the parliamentary experts Germans in a report consulted by DPA and to be published.
At the end of February, French President Emmanuel Macron did not rule out the deployment of troops on the ground in Ukraine. On the other hand, German Chancellor Olaf Scholz firmly rejected the idea of deploying Western soldiers in Ukraine.
Afterwards, deputy Beatrix von Storch, member of the ‘Alternative for Germany’ (AfD, radical right), asked what impact the deployment of troops from a NATO state would have on a so-called Alliance case in which NATO countries they are obliged to defend each other.
“If troops of a NATO member state engage in collective self-defense (Article 51 of the United Nations Charter) in favor of Ukraine in an existing conflict (between Russia and Ukraine) and are attacked by the other party to the conflict (Russia) during the fighting in conflict zone, this does not constitute a case of Article 5 of the North Atlantic Treaty”, German parliamentary experts wrote in the report.
They point out that Article 5 of the NATO Treaty refers to NATO countries and troops that are attacked on their territory or outside it.
“A military commitment of French ground troops in favor of Ukraine would be based on the collective right of self-defense under Article 51 of the UN Charter and would thus be permitted under international law. On the other hand, a military reaction by Russia against targets in France would constitute an ‘armed attack’ (contrary to international law) within the meaning of Article 5 of the NATO Treaty, which would establish the factual conditions for a proclamation of an Alliance case” , the quoted report shows.
The research service of the Bundestag has eight specialized departments with approximately 100 experts and carries out studies at the individual request of German deputies or for specialized parliamentary committees.
Tags: International law NATO country send troops Ukraine German parliamentary experts argue
