In Munich, an Afghan accused of alleged war crimes – although he has committed neither a German passport, yet his actions in this country. Why takes on Germany this kind of cases?
In Munich, a former Afghan officer of the court
There is a principle, to show the war criminals to the whole world that you are nowhere safe from prosecution: the world of law. Germany has committed itself to this principle, since 2002, in the international criminal code. It is a law that allows the German justice the punishment of certain crimes against international law, which were not committed on German soil, but abroad. Including the most serious offences in the crimes of genocide, crimes against humanity, war crimes and crimes of Aggression to fall. The now in Munich, accused of Afghan Ex-officer is accused of in order to have the turn of the year 2013/2014, around three a short time before captured fighters tortured. In addition, he is mocking the corpse of an enemy commander in front of witnesses, the civilian population, insulted and abused.
In Germany, cases like that of the Afghan officer of the General office of the attorney General to be guided. Supports the attorneys in the Federal court of a “War Crime Unit” in the Federal criminal police office (BKA), the Central office for the repression of war crimes.
The first case in which international criminal law was applied in Germany, started in the year 2011. At that time, the regional court of Stuttgart the President of the “Democratic forces for the liberation of Rwanda” (FDLR), Ignace Murwanashyaka, and his Deputy Straton were in front of the upper Musoni accused. You are supposed to have committed war crimes in the Democratic Republic of the Congo. The judgments were finally 13 and eight years in prison, but were repealed later in some cases. In April, Murwanashyaka has died in custody.
Investigation proceedings against war criminals fall under the jurisdiction of the attorney General
The more witnesses, the more investigations
Since the year 2015, the world law principle, to confess the Germany has, once again buoyancy. Because with hundreds of thousands of refugees from Syria, the victims and perpetrators of war crimes to Germany. From the answer to a question in the Bundestag, the BKA has maintained since 2014 by asylum seekers more than 5000 references to possible war criminals. The accused come not only from Syria but also from Afghanistan, Gambia and Iraq. In 129 cases, it came to investigations.
Some have criticized the number as too low. The international lawyer Christoph Safferling is different. For him, the show, that Germany is “sensational lot” in this area is being done. “Germany takes care of really in a very systematic way. You take this very seriously.” There are now so many processes even before the higher regional courts that Safferling speaks of these cases had become Routine for the criminal authorities.
This is also in contrast to the so-called Rwanda-process from the year 2011, investigators have since 2015 advantage of the eye-witnesses of war crimes are now on the ground. In the case of Rwanda/the Congo, witnesses had to be expensive flown in. And yet, something crucial has changed: war crimes documented stepped up their deeds. In the year 2016 in Offenbach, is a man of war crimes, was found guilty, because he was posing in a photo next to the metal spitted heads rods of two men in Syria. The photo had been well visible uploaded on Facebook.
In February, two former Syrian were arrested secret service employees
Hangers-on or the main offender punish
The “European Center for Constitutional and Human Rights” (ECCHR) advises and helps people legally, victims of war became a crime. The centre publishes every year a report of the biggest cases under the international criminal law book lists. In Germany, there were in the past year, 18 cases, in which either investigation is initiated, a process, or even judgments were.
Often, the Accused is at the time of the indictment in Germany. As Anwar R., and Eyad A. The two Syrians were arrested in February in Berlin and Rheinland-Pfalz festival. They are supposed to be former employees of the Syrian secret service. You are accused of serious Offences such as torture and murder.
The ECCHR also serves alleged victims of one of the arrested secret service employee. “In Germany, or in Europe, the chances of an arrest are of course bigger,” says Alexandra Lily Kather from the ECCHR. The main concern of your organization is Another. “Our stated goal is that the General office of the attorney General focused not just on low, but especially on the high-level perpetrators-and international arrest warrants against these is to adopt.” Because this could be important. Then, when the perpetrators have to leave their country and another country to enter the international wanted criminals in Germany delivers.
According to international law Safferling lawyers have, so far, in the everyday life of the state, the cases of priority, a reference to Germany. Those who are endanger either the security in the country, or in which the alleged offender accused of living in Germany. “It’s also about, not as the world’s policeman PAL of mine,” said Safferling. Nevertheless, the world was right-principle is an important sign: Germany is not acting as a safe haven for war criminals.