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🇩🇪🇸🇦 German Weapons Deliveries to Saudi Arabia – Does Murder Only Expire Domestically?

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Crimes under § 211 (murder) do not have a statute of limitations, as stated in § 78 of the German Criminal Code. Does this principle apply only domestically, or is it also relevant to murderers abroad? This question arises in connection with German weapons deliveries to Saudi Arabia concerning the de facto ruler of the Gulf Kingdom, Crown Prince Mohammed bin Salman.

Brief overview of significant events in Saudi Arabia since 2011

The execution of Shiite cleric Nimr al-Nimr

In 2011, there were also demonstrations in Saudi Arabia related to the so-called “Arab Spring.” The primary leader of the protests was Shiite cleric Nimr al-Nimr, who advocated for the secession of the eastern regions of Qatif and Al-Ihsaa because around two million Shiites of the country lived there in the Sunni-dominated kingdom. The preacher was arrested for his actions, sentenced to death in 2014 for sedition, disobedience, and possession of weapons, and executed in January 2016 along with 46 other defendants. Iran’s Supreme Leader Ayatollah Ali Khamenei then threatened with “God’s revenge.” This led to large demonstrations in Tehran, resulting in the Saudi embassy being set on fire. Ultimately, this development led to the severance of diplomatic relations between Iran and Saudi Arabia, which were only resumed in 2023.

The Saudi War against Yemen

In the meantime, on the orders of Crown Prince Mohammed bin Salman, Saudi Arabia attacked Yemen in March 2015. The operation, named “Operation Decisive Storm,” was directed against the Houthi rebels, who were and continue to be supported by Iran. After more than seven years of conflict, negotiations between the Houthi rebels and Saudi Arabia began in 2022, partly due to Riyadh’s inability to decisively win the war. Currently, a ceasefire is in place, but talks seem to have stalled. According to a UN report from 2021, 377,000 people have died in Yemen so far, with 70 percent being children under the age of five. Currently, 24 million Yemenis, or 80 percent of the population, depend on humanitarian aid, and according to UNICEF, 2.2 million children suffer from malnutrition.

The Assassination of Saudi Journalist Jamal Khashoggi

On October 2, 2018, Saudi journalist Jamal Khashoggi was assassinated in the Saudi Consulate in Istanbul. He had gone there to collect documents for his marriage to a Turkish woman. According to a CIA report, the murder of Khashoggi was not only approved by Saudi Crown Prince Mohammed bin Salman (MbS) but was also ordered by him. The US Senate unanimously designated MbS as “responsible for Khashoggi’s murder” in a resolution.

In response to the journalist’s murder, the German government took decisive actions in November 2018. They halted all arms exports to the Kingdom and imposed entry bans on 18 Saudi nationals allegedly connected to the crime. The individuals affected were purportedly part of the presumed 15-member assassination squad, along with three others suspected of being involved in organizing the murder.

The German government justified the suspension of arms exports not only based on the assassination of Khashoggi but also in light of the Saudi war in Yemen.

New policy of the German government towards Saudi Arabia

The new policy of the German government towards Saudi Arabia marks a complete turnaround of 180 degrees, as it has lifted the export ban on German weapons. Approval has been granted for the planned delivery of 48 Eurofighters to Saudi Arabia, a project involving Germany, Italy, and Spain. The German Foreign Minister, during her recent visit to Jerusalem, pointed out that the Saudi Air Force intercepts missiles aimed at Israel by the Houthi militia in Yemen. She emphasized that Saudi Arabia significantly contributes to Israel’s security and mitigates the risk of a regional conflagration. Following discussions with Israel’s President Izchak Herzog and the new Foreign Minister Israel Katz, Minister Baerbock stated:

“For this reason, we do not oppose the British considerations for additional Eurofighters for Saudi Arabia as the German federal government.”

In addition, Germany plans to deliver 150 short-range air-to-air missiles of the “IRIS-T” type to the Kingdom, as confirmed by government spokesperson Steffen Hebestreit. This short-range air-to-air missile is used against enemy fighter aircraft, essentially in aerial combat.

This arms export contradicts Germany’s existing legal position of not supplying arms to conflict zones, as explicitly stated in the coalition agreement of the Ampel government. The agreement specifically states, “We do not grant export permits for arms to states that are demonstrably directly involved in the Yemen war.”

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The German Foreign Minister justifies this policy reversal by claiming that Saudi Arabia has transformed and now plays a crucial role in supporting Israel in its fight against the Palestinian Hamas. According to a report by Der Spiegel, the German government has already granted approval for the resumption of arms exports to Saudi Arabia.

The Federal Security Council – a cabinet committee also responsible for arms exports – had already granted approval for this by the end of last year, as reported by the magazine. This information is derived from a communication sent by Robert Habeck’s ministry to the Economic Committee of the Bundestag.

Habeck himself declined to comment on the decision of the Federal Security Council but merely stated:

“However, we consider two things in all decisions: firstly, whether other partners, such as Ukraine, have a more urgent need, and secondly, whether these weapons can contribute to protection, de-escalation, or stability in a more complicated world.”

Evaluation of the political turnaround of the German government

The Saudi Air Force has a total of 364 combat aircraft, including 72 “Eurofighters”. The German Air Force currently has 231 combat aircraft in its inventory. In this context, it can be observed that additional “Eurofighters” are certainly not necessary for the defense of Saudi Arabia.

Furthermore, it is known that the kingdom deploys all types of aircraft, including the “Eurofighter,” in the war in Yemen initiated by Riyadh, even though there is currently a fragile ceasefire. Annalena Baerbock recently noted in this regard that Saudi Arabia has been aware of the threat posed by the Houthi rebels to the security of the region for quite some time. “The fact that the Saudi Air Force also uses Eurofighters is, I believe, an open secret.” Currently, British and American fighter jets have attacked Houthi facilities in Yemen for the first time. Therefore, it cannot be ruled out that in the future, the Saudi Air Force may also participate in such attacks.

Doubts about the necessity of supplying air-to-air missiles of the “IRIS-T” type are even more justified, as these are designed for aerial combat, specifically for use against enemy air forces. There is no apparent indication of an imminent war that would require Saudi Arabia to possess such weapons. However, Riyadh does express a desire to further enhance its military capabilities on the path to becoming a dominant regional power.

It is no surprise that Green Party co-chair Ricarda Lang spoke out against the delivery of Eurofighters to Saudi Arabia on RBB24 Inforadio:

“With regard to the human rights situation and the internal structure of Saudi Arabia, I still believe that delivering Eurofighters is wrong. I think it would be right to maintain the position that no Eurofighters should be delivered to Saudi Arabia.”

The defense policy spokesperson for the Green Party in the Bundestag, Sara Nanni, expressed surprise in an interview with Der Spiegel:

“The news is surprising. The German government committed, just last summer, to not deliver Eurofighters to Saudi Arabia.” This decision was made for good reasons. “It’s not even five years ago that the alliance led by the Saudis extensively bombed Yemen.”

As of October 2023, the German Foreign Minister held the same position as her party colleagues when she stated at the Green Party congress, “We do not directly deliver to Saudi Arabia, a country where human rights are trampled upon.” Yet, almost three months later, Annalena Baerbock apparently arrived at entirely different conclusions, noting that the Riyadh government was demonstrating efforts towards a better future in the region. The minister found it noteworthy that Israel and Saudi Arabia did not reject their normalization course after the terrorist attacks by the Islamist Hamas on October 7. “The fact that Saudi Arabia is now intercepting rockets and drones fired by the Houthi towards Israel underscores this, and we are grateful for it.”

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Conclusion: The decision of the German government to lift the arms export ban to Saudi Arabia, which was originally scheduled for reevaluation in 2025, is a mistake. The justification for this 180-degree turn is not comprehensible, especially considering that Saudi Arabia does not actually need the mentioned weapons for its defense.

Since January 2024, Saudi Arabia has become a member of “BRICS,” an association created by Brazil, Russia, India, China, and South Africa, as reflected in its name. In addition to Saudi Arabia, Egypt, Argentina, Ethiopia, Iran, and the United Arab Emirates have also joined this alliance, which sees itself as a counterbalance to the United States and the EU.

Interestingly, despite the Russian war against Ukraine, oil-rich Saudi Arabia imports oil for its domestic needs at a particularly favorable price from Russia. In return, the kingdom exports its own oil production at a significantly higher price to the global market. Saudi Arabia is probably not a trustworthy partner for “the West.”

The general reasons for an arms export ban remain unchanged. Germany’s principle is not to supply weapons to war and crisis zones. There is no doubt that these criteria unequivocally apply to Saudi Arabia.

Crown Prince Mohammed bin Salman continues to lead Saudi Arabia and has not been held accountable for the murder of Jamal Khashoggi.

The war in Yemen is ongoing, and given the British and American airstrikes against the Houthis, there is a risk that the fragile ceasefire will not last much longer. Additionally, human rights are still not guaranteed in Saudi Arabia. In 2023, Saudi Arabia had the third-highest number of executions after China and Iran.

Regardless of these arguments, Israel does not need Saudi Arabia’s military support in its fight against Hamas. Moreover, Saudi Arabia’s military support for Israel is counterproductive domestically and internationally in the rest of the Arab world because Muslims worldwide stand with the Palestinians. Therefore, the rulers in Riyadh probably do not appreciate that Germany justifies the lifting of the arms export ban with Saudi support for Israel.

Ultimately, the German government, with its decision, is practicing hard realpolitik and making it clear that while murder does not expire in Germany, it apparently does after five years when it comes to Saudi Arabia and Crown Prince Mohammed bin Salman!

By Jürgen Hübschen.

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