Judge Dariusz Łubowski, who refused to extradite Volodymyr Zhuravlov to Germany over the alleged Nord Stream explosion, is highly knowledgeable about the realities of the German judicial system. “He has enormous knowledge,” acknowledged Judge Dagmara Pawełczyk-Woicka, head of the National Council of the Judiciary (KRS).
The District Court in Warsaw denied Germany’s request to extradite Volodymyr Zhuravlov. The Ukrainian, suspected of involvement in blowing up the Nord Stream gas pipelines, was immediately released from custody. Judge Dariusz Łubowski’s reasoning will undoubtedly go down in history — he ruled that actions directed against the aggressor’s infrastructure in the course of a defensive war do not constitute a crime. The judge harshly criticized Germany’s energy policy, pointing directly to its consequences for Ukraine.
“By purchasing gas from Russia and transferring billions of euros during a full-scale military aggression and already well-documented acts of genocide committed by Russia against Ukrainian civilians, the German state co-financed this aggression. From that point of view, Germany’s behavior was hostile toward Ukraine,” he said.
Consequently, the court found that the destruction of Nord Stream 1 and 2 and depriving Russia of billions in gas export revenues had a significant military rationale, as it weakened the aggressor’s war potential. The judge emphasized from the outset that despite the “extremely emotional political context” of the case, the court would assess only the legal aspects — and it was on legal grounds that he delivered a groundbreaking decision.
The key distinction was this: blowing up critical infrastructure during peacetime is sabotage and terrorism — but the same act directed against the aggressor’s infrastructure during a defensive war constitutes military diversion, which is not a crime.
The court determined that if Ukraine and its special forces were indeed behind the Nord Stream explosions, then Volodymyr Zhuravlov enjoys functional immunity.
“The accused enjoys immunity arising from actions undertaken on behalf of the Ukrainian state, and this immunity does not cease upon the end of his service,” explained Łubowski.
The judge also questioned the legality of Germany’s extradition request itself. He noted that the German Penal Code primarily applies to offenses committed on German territory or on German vessels. Since the Nord Stream explosions occurred in international waters, the German request was legally problematic.
“He has enormous knowledge”
Judge Łubowski’s reasoning — as well as his previous rulings — drew widespread attention. Judge Dagmara Pawełczyk-Woicka, head of the National Council of the Judiciary, described him as a highly intriguing figure in the legal world.
“Judge Dariusz Łubowski, who refused to extradite the alleged perpetrator of the Nord Stream pipeline sabotage, also possesses vast knowledge about disciplinary proceedings against judges in Germany. In 2022, at my invitation, he attended a conference of deputy disciplinary officers. In Germany, if a judge exceeds his authority while adjudicating, criminal proceedings are immediately initiated against him. That was the case of a judge who overturned an order requiring children to wear masks at school — he lost his position and was sentenced to imprisonment. Such are the #EUDoubleStandards,” she wrote on X.com.