GERMANY
OverView
Region: Europe
U.N.Status: Member State
Universal Jurisdiction Status: XXXX
Last Updated
January 25, 2024
Legal Information for victims of international crimes in Germany
Yes, German courts have jurisdiction over international crimes committed abroad (established by the 2002 Code of crimes against International Law).
Take note of the following matters:
1. The victim does not have to be a German citizen (and can be a refugee) at the time of making the complaint.
2. Witnesses of potential crimes can also tip off the German Central Office for Combating War Crimes and Other Crimes under the International Criminal Code (ZBKV), which will then investigate the crime.
3. The Code of crimes against International Law recognises crimes against humanity and war crimes. Prosecutors may also rely on the Ordinary Criminal Code, however, as was the case during the Trial of Onesphore Rwabukombe. Certain crimes under International Law might not be prosecuted with comparable gravity under German Penal Laws, however. An example is the crime of sexual slavery, which is missing in the German Penal Code and therefore prosecutions for the same can only be made under “sexual coercion.”
A victim may file a written complaint with the local police, local court or a public prosecution officer. NGOs may also file a complaint on behalf of a victim.
The complaint ought to be written and must contain (contact) details of the complainants and any available facts and details regarding the perpetrator. The complainant may request an interpreter if they are uncomfortable with the German Language. If the investigation is closed, then the decision can be challenged by the complainant by filing an appeal with the Federal Prosecutor General, and if such an appeal fails, a further appeal lies with the Higher Regional Court.
1. Investigation – once the complaint is made, under the Principle of Mandatory Prosecution, the Prosecutor is bound to investigate, unless they exercise their discretionary power under Section 153f of the StPO to not investigate. Under the StPO, the prosecutor may deny investigation in instances where neither the accused nor the victim is German, the accused is not present within Germany or if the accused is currently being tried elsewhere. There is no prescribed time within which investigations must be made.
2. Pre-trial – an indictment of termination order is passed following the investigation, only if the prosecutor is reasonably convinced that the accused may be convicted following a trial. An arrest warrant may also be issued and the accused may be placed in pre-trial detention in the case of genocide. Furthermore, if the accused is in hiding, likely to evade trial or tamper with proceedings, they can be placed in pre-trial detention.
3. Trial – the trial takes place in the Higher Regional Courts in Germany. The victims/relatives of victims may join proceedings as joint plaintiffs.
4. Sentencing and Appeals – one may apply for a revision with the Federal Supreme Court whereby only the interpretation of the law can be reviewed by the Court. The victim must be a joint plaintiff in order to appeal a decision.
Germany has adopted The EU Victims’ Rights Directive, which guarantees the following rights:
1. You are entitled to information;
2. You are entitled to assistance;
3. You may receive protection;
4. You may file a complaint;
5. You have the right to a lawyer;
6. You may ask for an interpreter if you do not understand the German language well enough;
7. You can seek compensation for your damages;
8. You may ask for contact with the suspect or offender;
9. You are entitled to proper treatment;
10. You may complain when the prosecution decides there will be no criminal case;
11. You may ask to see records of the criminal case file;
12. You may receive compensation if you have to testify.
Furthermore:
1. You have the right to witness protection through the removal of accused persons during testimony, non-intrusive examination, etc.;
2. You have the right to in-camera proceedings;
3. You have the right to online testimony when applicable;
4. You have the right to psycho-social support person during hearings;
5. The Witness Protection Harmonization Act, 2001 allows for resettlement of persons at risk.
Yes, victims are eligible for compensation/reparations by the accused and by the German State.
– Compensation can be sought from the accused by either being party to their trial as a joint plaintiff or by writing to the court at the time of trial. Victims and families of victims can claim such compensation for mental and physical injuries.
– The German Victim Compensation Scheme provides state benefits to persons who have suffered physical or mental trauma due to the crime. There is no maximum award.
victims support resources
To be updated
To be updated
Tribunal de Paris Aide Juridictionnelle
– Government legal aid based on revenues. There’s a paper to fill out, submit to the Court, and a lawyer is assigned by the Court.
– https://www.tribunal-de-paris.justice.fr/75/aide-juridictionnelle
Barreau de Paris Bus de la Solidarité
– Pro bono lawyers giving free legal advice on a moving bus in Paris, can help with application for Aide Juridictionnelle, and give preliminary legal advice on steps to follow. It is free.
– barreausolidarite@avocatparis.org
– https://www.barreausolidarite.org/nos-actions/bus-solidarite.html
Bundeskriminalamt – “BKA”:
Website
To be updated
To be updated
To be updated
To be updated
European Center for Constitutional and Human Rights (ECCHR): Email: info@ecchr.eu Twitter: @ECCHRBerlin, Phone: +49 030 400 485 90 |
ligitation overview
German courts have until now convicted three ISIS members of genocide for their crimes against the Yazidis. German courts have also convicted 5 other ISIS members of crimes against humanity and war crimes for their involvement in ISIS’ crimes against the Yazidis. These are the cases against Jennifer W., Sarah O., Nurten J., Omaima A. (who faced two separate trials) and Romiena S. Ms. Clooney, Ms. von Wistinghausen and/or Ms. Mehner represented the Yazidi survivors in all of these cases.
Below you will find summaries of the three genocide cases.
The defendant, Taha A.-J., an ISIS member, was convicted of genocide, crimes against humanity, and war crimes by a German court for enslaving and abusing Yazidis in Fallujah, Iraq. He joined ISIS before March 2013 and enslaved a five-year-old Yazidi girl and her mother in 2015. They were held captive in Fallujah, subjected to violence and forced labour. The young Yazidi girl died after being chained outdoors as punishment. Taha A.-J. received a life sentence, marking the first conviction of an ISIS member for genocide worldwide. The court applied universal jurisdiction, and although not a German national, Taha A.-J. was prosecuted in Germany. The appeals court upheld the life sentence, confirming Taha A.-J.’s guilt for enslaving a Yazidi woman and her five-year-old daughter, resulting in the girl’s death.
The judgement, now final, highlights Germany’s use of universal jurisdiction to prosecute such crimes. Taha A.-J.’s wife, a German national, was separately sentenced for her involvement in the crimes. The Higher Regional Court of Munich convicted her involvement in the enslavement, abuse and killing of a five-year-old Yazidi girl as well as the enslavement and abuse of the child’s mother in Fallujah, Iraq. The 30-year-old woman known as ‘Jennifer W.’ was found guilty of aiding and abetting crimes against humanity through enslavement, attempted murder and aiding and abetting the war crime of attempted murder by omission, and membership in a foreign terrorist organisation. She was sentenced to 10 years for her involvement in the crimes against the young Yazidi girl and her mother. The mother, as co-plaintiff, participated in the trial, represented by Amal Clooney and German lawyers. The verdicts were of great importance for recognition of ISIS’s genocide against the Yazidis. Natia Navrouzov, Legal Advocacy Director at Yazda, expressed the significance of survivor testimony in securing the conviction of a second ISIS member for genocide.
Jalda A. was convicted by the Higher Regional Court of Hamburg for aiding and abetting genocide, crimes against humanity, and war crimes in connection with the enslavement and abuse of a Yazidi woman, “M.” The trial chamber reasoned that it was ‘unthinkable’ that the defendant was not aware of ISIS’ persecution of the Yazidis after having lived in the so-called Islamic State for more than three years and being married to high-ranking ISIS members. Moreover, the accused herself supported ISIS’ ideology and spoke of the Yazidi as ‘dirty infidels’. The court found that she facilitated her husband’s physical and sexual abuse of M by guarding the woman and preventing her from fleeing. Additionally, the defendant herself physically abused M on several occasions. The defendant and her husband also forced M to undertake chores, take care of the defendant’s son and pray according to Islamic rules.
In addition to aiding and abetting genocide, the judges also found her guilty of crimes against humanity committed through persecution, enslavement and severe deprivation of liberty; and of aiding and abetting crimes against humanity and war crimes. The defendant received a sentence of five years and six months in prison. This marked the second conviction of an ISIS member for genocide related to atrocities against the Yazidi minority in Iraq and Syria. The key witness and a co-plaintiff, testified about being held captive by the defendant’s husband, a high-ranking ISIS fighter. This incredible testimony played a crucial role in securing the conviction. She was represented by British barrister Amal Clooney and German lawyers Sonka Mehner and Natalie von Wistinghausen.
In a recent trial, the German court found that the defendant Nadine K. and her husband joined ISIS in late 2014, following the group’s invasion of the Sinjar region in Iraq. The defendant’s husband worked as a doctor for ISIS, and in 2016, he was given a 21-year-old Yazidi woman as a “gift.” The defendant was aware of the abuse but chose not to intervene, securing the victim’s captivity to further ISIS ideology. The couple treated the Yazidi woman as property, forcing her to work and adhere to Islamic practices. The defendant knew about ISIS’ genocidal campaign against the Yazidis. After ISIS’ defeat, the victim was held in a refugee camp until she escaped with the help of a British journalist.
The victim, represented by German and British lawyers including Amal Clooney, testified in court over six days, confronting her perpetrator. Yazda, which is also represented by Ms. Clooney, played an instrumental role in ensuring the key witness’ participation in the trial. The Higher Regional Court of Koblenz convicted German national ‘Nadine K.’ of aiding and abetting genocide, crimes against humanity and war crimes for the enslavement and abuse of a young Yazidi woman in support of ISIS’ brutal campaign to eradicate the Yazidi religious minority. She has been handed a sentence of 9 years and 3 months in prison.