Germany’s Attitude Vis-à-vis International Crime and its Prosecution by Domestic Courts
International and national immunities prevent prosecution. They must therefore be observed ex officio. In the case of a subordinate Afghan military officer and his acts relevant under international criminal law, the highest German criminal court, by ruling of 28 January 2021, found that customary i...
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| Format: | Article |
| Language: | English |
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Comenius University in Bratislava, Faculty of Law
2023-06-01
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| Series: | Bratislava Law Review |
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| Online Access: | https://blr.flaw.uniba.sk/index.php/BLR/article/view/269 |
| _version_ | 1797783915263426560 |
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| author | Manferd Dauster |
| author_facet | Manferd Dauster |
| author_sort | Manferd Dauster |
| collection | DOAJ |
| description |
International and national immunities prevent prosecution. They must therefore be observed ex officio. In the case of a subordinate Afghan military officer and his acts relevant under international criminal law, the highest German criminal court, by ruling of 28 January 2021, found that customary international law does not contain such immunities, if the accused officer committed Rome Statute offences abroad against non-German victims. The finding reinforces the principle of global jurisdiction according the Rome Statute. The court defined the legal war crimes element of torture. Torture does not necessarily require the use of physical force; injuries suffered are therefore an indicator. The concept of torture is also satisfied if an atmosphere of violence is created that may influence the victim’s right to self-determination in the intention of the torturer. An additional crime element consisted in the violation of post-mortem dignity of human beings, which demands respectful treatment of dead opponents. A public display of dead adversaries for the purpose of propaganda runs counter this.
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| first_indexed | 2024-03-13T00:32:40Z |
| format | Article |
| id | doaj.art-292830bdde4e4146b7e87490a30f6514 |
| institution | Directory Open Access Journal |
| issn | 2585-7088 2644-6359 |
| language | English |
| last_indexed | 2024-03-13T00:32:40Z |
| publishDate | 2023-06-01 |
| publisher | Comenius University in Bratislava, Faculty of Law |
| record_format | Article |
| series | Bratislava Law Review |
| spelling | doaj.art-292830bdde4e4146b7e87490a30f65142023-07-10T09:41:27ZengComenius University in Bratislava, Faculty of LawBratislava Law Review2585-70882644-63592023-06-017110.46282/blr.2023.7.1.269Germany’s Attitude Vis-à-vis International Crime and its Prosecution by Domestic CourtsManferd Dauster0Saarland University International and national immunities prevent prosecution. They must therefore be observed ex officio. In the case of a subordinate Afghan military officer and his acts relevant under international criminal law, the highest German criminal court, by ruling of 28 January 2021, found that customary international law does not contain such immunities, if the accused officer committed Rome Statute offences abroad against non-German victims. The finding reinforces the principle of global jurisdiction according the Rome Statute. The court defined the legal war crimes element of torture. Torture does not necessarily require the use of physical force; injuries suffered are therefore an indicator. The concept of torture is also satisfied if an atmosphere of violence is created that may influence the victim’s right to self-determination in the intention of the torturer. An additional crime element consisted in the violation of post-mortem dignity of human beings, which demands respectful treatment of dead opponents. A public display of dead adversaries for the purpose of propaganda runs counter this. https://blr.flaw.uniba.sk/index.php/BLR/article/view/269No immunity from prosecution based on customary international law for crimes under the Rome StatutePsychological mistreatment in interrogations and dishonouring of dead adversaries constitute war crimesRome StatuteICCInternational Criminal Law |
| spellingShingle | Manferd Dauster Germany’s Attitude Vis-à-vis International Crime and its Prosecution by Domestic Courts Bratislava Law Review No immunity from prosecution based on customary international law for crimes under the Rome Statute Psychological mistreatment in interrogations and dishonouring of dead adversaries constitute war crimes Rome Statute ICC International Criminal Law |
| title | Germany’s Attitude Vis-à-vis International Crime and its Prosecution by Domestic Courts |
| title_full | Germany’s Attitude Vis-à-vis International Crime and its Prosecution by Domestic Courts |
| title_fullStr | Germany’s Attitude Vis-à-vis International Crime and its Prosecution by Domestic Courts |
| title_full_unstemmed | Germany’s Attitude Vis-à-vis International Crime and its Prosecution by Domestic Courts |
| title_short | Germany’s Attitude Vis-à-vis International Crime and its Prosecution by Domestic Courts |
| title_sort | germany s attitude vis a vis international crime and its prosecution by domestic courts |
| topic | No immunity from prosecution based on customary international law for crimes under the Rome Statute Psychological mistreatment in interrogations and dishonouring of dead adversaries constitute war crimes Rome Statute ICC International Criminal Law |
| url | https://blr.flaw.uniba.sk/index.php/BLR/article/view/269 |
| work_keys_str_mv | AT manferddauster germanysattitudevisavisinternationalcrimeanditsprosecutionbydomesticcourts |