Germany Announces Probe into Russian Crimes in Ukraine-Invasion
GHRTV
08-03-2022
Clea Strydom
International Justice and Human Rights Researcher,
Global Human Rights Defence.
On Tuesday March th, 2022, Justice Minister Marco Buschmann announced that the German federal prosecutor is opening a probe into war crimes committed by Russian troops in Ukraine. Allegations of war crimes and crimes against humanity include unlawful means and methods of warfare, and attacks on humanitarian organisations and civilians. The probe is a structural investigation aimed at gathering evidence of the suspected crimes and identifying the structures behind them in regards to the conflict as a whole and not in regards to individuals. The evidence gathered can, however, be used in future trials of specific individuals. The legal basis for the investigation is universal jurisdiction, which allows a country to prosecute grave crimes such as crimes against humanity, genocide, and war crimes, even when they occurred in the territory of another country and were committed by parties that are not citizens of the prosecuting country. Some type of jurisdictional link still has to be present, such as the accused or victims residing in Germany.[1]
Allegations related to the Ukraine-Russia conflict have also been lodged with the federal prosecutor by individuals such as the previous Minister of Justice, Sabine Leutheusser-Schnarrenbergerznd former Minister of Interior, Gerhart Baum, in an attempt to hold President Putin liable for the war crimes committed in Ukraine. However, under German law, a sitting head of state enjoys immunity even in terms of the universal jurisdiction principle. In theory, a sitting head of state could be held accountable for crimes of aggression, but only if such attacks are directed against Germany. The evidence collected during the probe can, however, be used to prosecute Russian troops, commanders, and other officials in Germany or elsewhere using the principle of universal jurisdiction.
[1] For example in the case Syrian military intelligence officer Anwar Raslan, who was arrested, tried and charged in Koblenz, Germany for overseeing the murder of 27 people and the torture of 4,000 others at a Damascus detention centre, the victims and perpetrator resided in Germany as refugees. For full discussion on the case see https://www.hrw.org/feature/2022/01/06/seeking-justice-for-syria/how-an-alleged-intelligence-officer-was-put-on-trial-in-germany.
Further Readings and Sources
Aljazeera (March 8, 2022). Germany launches probe into suspected war crimes in Ukraine. https://www.aljazeera.com/news/2022/3/8/germany-launches-probe-into-suspected-war-crimes-in-ukraine
Human Rights Watch (January 6, 2022) Seeking Justice for Syria.
Passauer Neue Presse (March 8, 2022). Bundesanwaltschaft ermittelt zu möglichen Kriegsverbrechen. https://www.pnp.de/nachrichten/politik/Bundesanwaltschaft-ermittelt-zu-moeglichen-Kriegsverbrechen-4254786.html
The Local.de (March 8, 2022). German prosecutors launch investigation into Ukraine war crimes. https://www.thelocal.de/20220308/german-prosecutors-launch-investigation-into-ukraine-war-crimes/
