A Polish judge has refused to extradite a Ukrainian citizen – suspected by Germany of sabotaging the Nord Stream gas pipelines in September 2022 – arguing that if Ukraine was responsible for the attack, then it was a 'just' act.

Volodymyr Zhuravlyov, who was brought to Warsaw District Court in handcuffs, was detained in Poland last month on a European arrest warrant. Judge Dariusz Lubowski ordered his release, after a ruling that was met with a ripple of surprise from the crowd in court and a smile from the man in the dock.

Mr Zhuravlyov, along with others, is suspected of planting explosives deep beneath the Baltic Sea on the pipelines leading from Russia to Germany.

Blame for the blasts, which crippled a long-controversial energy supply line from Russia to Germany, initially focused on Moscow until signs of Ukrainian involvement began to emerge. Officials in Kyiv have repeatedly denied any role.

Extradition cases within the EU are usually quick and straightforward, but the Nord Stream case is proving to be very different. Polish Prime Minister Donald Tusk, whose government is a key ally of war-torn Ukraine, immediately posted on X that the ruling was right. 'Case closed,' he wrote.

Inside the giant district courthouse in Warsaw, Judge Lubowski announced his decision to the suspect, his family and legal team – and a large cluster of TV cameras. In a long and passionate speech, he said he was considering only the request to send Mr Zhuravlyov to Germany, not the substance of the case itself. But he was clear that the context of the war in Ukraine was critical. The judge described Russia's invasion as 'a bloody and genocidal attack' and argued, quoting Aristotle and Saint Thomas Aquinas, that Ukraine had the legal right to defend itself.

He cited the financial implications of the attack, stating that it had 'deprived the enemy of billions of euros paid by Germany for the gas…and weakened Russia's military potential.' The ruling highlighted a complex legal landscape that considers the ongoing conflict in Ukraine, questioning whether actions that could be viewed as sabotage in peacetime hold different legal status during warfare.

Mr Zhuravlyov's wife, Yulianna, expressed relief at the ruling, noting its emotional significance for their family. The couple has been residing in Poland since February 2022, and Yulianna confirmed that her husband, a deep-sea diver, denied any involvement in the sabotage. His arrest adds to the ongoing complexities surrounding those suspected of involvement in the Nord Stream incidents, drawing parallels to other extradition cases, including another Ukrainian detained in Italy.