An Italian court on November 19 ruled to extradite Serhiy Kuznetsov to Germany on suspicion of undermining the “Nord Stream” pipeline, as it found no evidence in favor of the Ukrainian’s functional immunity.
According to this principle of customary law, actions committed by military personnel during military operations against legitimate military targets are not considered crimes.
In contrast, a court in Poland previously refused to extradite another detainee in this case Volodymyr Zhuravlyov, because it determined that the undermining of the pipelines “was carried out in the context of the criminal and genocidal war that Russia has been waging against Ukraine since 2014”.
Kuznetsovʼs lawyer Nicola Canestrini informed Babel about the details of the courtʼs decision.
Functional immunity
The court decided that Kuznetsovʼs functional immunity was not proven primarily because Germany did not confirm the military nature of the alleged sabotage, and no Ukrainian authority officially recognized these actions as a military operation.
In November, the Verkhovna Rada Commissioner for Human Rights Dmytro Lubinets wrote a letter to an Italian court, in which he acknowledged for the first time on behalf of the state that at the time of the “Nord Stream” explosions, suspect Serhiy Kuznetsov was serving in the Armed Forces of Ukraine. Lubinets later told Babel that the Ministry of Defense of Ukraine should transfer Kuznetsov’s military documents to Italy. It is currently unknown whether they were transferred or not.
Exception for political crimes
The defense pointed out that any sabotage operation aimed at resisting an armed invasion is a political crime protected by constitutional principles.
The court noted that after changes to the legislation in 2021, the concept of a "political crime" can no longer be a separate ground for refusing to extradite a person under a European arrest warrant.
Risk of degrading treatment
The defense expressed concerns about the conditions of detention in Germany.
Previously, the Italian National Agency for the Prevention of Torture reported cases of overcrowded prisons in Germany, where prisoners are forced to sleep on mattresses on the floor, in windowless cells and are restrained with metal chains.
The Court assessed the additional information provided by Germany and ruled out a real risk of inhuman or degrading treatment.
Prohibition of double jeopardy
The defense referred to a previous investigation in Denmark, which was closed due to a lack of grounds to initiate criminal proceedings.
The Italian court stated that there was not enough evidence that the case had been closed permanently so that the person could not be prosecuted again for the same actions.
Lawyers point out that such a decision significantly narrows the guarantees of fundamental rights within the framework of the European Arrest Warrant system. In their opinion, such interpretations further shrink the space for individual rights in favor of speed and efficiency of judicial cooperation.
Confidence in litigation in Germany
Kuznetsovʼs lawyers are confident that the German courts, after considering all the facts, evidence, and compliance with international law, will conclude that Sergei Kuznetsov did not violate criminal norms.
The defense considers the October decision of the Warsaw District Court, which refused to extradite co-defendant Volodymyr Zhuravlyov based on the same facts, to be an important legal reference point.
“Nord Stream” explosions
On September 26, 2022, three explosions occurred on the “Nord Stream 1” and “Nord Stream 2” pipelines, which run along the bottom of the Baltic Sea from Russia to Germany, causing massive gas leaks. Only one of the four strands of the pipeline remained intact.
The US, UK and EU governments have declared a deliberate sabotage. Russia believes that the US and its allies are interested in the bombings. Western and Russian media have written about different versions — from sabotage by the Russians themselves to the involvement of Ukraine. President Volodymyr Zelensky has denied Ukraineʼs involvement in the sabotage.
On August 26, 2025, German investigators issued arrest warrants for six Ukrainians suspected of involvement in the bombing. Ukrainian Serhiy Kuznetsov, who was detained in Italy and suspected of involvement in the sabotage, denies the charges. An Italian court allowed his extradition to Germany.
On October 27, a court in Bologna ordered the extradition of Serhiy Kuznetsov to Germany. The defense appealed to the Italian Supreme Court.
In October 2025, a Polish court refused to extradite another detainee in the case, Volodymyr Zhuravlev, to Germany. The court ruled that Germany had provided insufficient evidence and that the alleged act “was committed in the context of the criminal and genocidal war that Russia has been waging against Ukraine since 2014”. The Polish prosecutor’s office decided not to appeal the decision.
On October 27, a court in Bologna ordered the extradition of Serhiy Kuznetsov to Germany. The defense appealed to the Italian Supreme Court.
On November 19, the Italian Supreme Court upheld the decision to extradite Kuznetsov.
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