Could Israelis be prosecuted for war crimes in Germany?
https://www.dw.com/en/gaza-conflict-could-israeli-soldiers-be-prosecuted-for-war-crimes-in-germany/a-71293687
The law in #Germany would allow for the prosecution of #warcrimes committed overseas by non-nationals, says lawyer Alexander Schwarz, co-director of the International Crimes and Accountability Program.
Of the different kinds of international crimes, a "war crime" could be most easily prosecuted, Schwarz explained.
"For example, a soldier unlawfully kills one civilian in #Gaza," he continued. "But when we're talking about 'crimes against humanity,' it's much harder to prosecute because the threshold for proving this is much higher."
In Germany, federal prosecutors must also decide whether to investigate such cases. However, a case involving the October 2024 deaths of the German-Palestinian Abujadallah family of six, due to Israeli bombing of Gaza, has apparently not been investigated under international law. Neither has the case of German-Israeli woman Shani Louk, who was killed in the #Hamas attack on October 7. Only domestic law has been used.
"That’s why we have argued the federal prosecutor is not fulfilling his duty to investigate," Schwarz said.
This also means German prosecutors are less likely to investigate a case involving #Israeli soldiers traveling in Germany.
https://www.dw.com/en/gaza-conflict-could-israeli-soldiers-be-prosecuted-for-war-crimes-in-germany/a-71293687
The law in #Germany would allow for the prosecution of #warcrimes committed overseas by non-nationals, says lawyer Alexander Schwarz, co-director of the International Crimes and Accountability Program.
Of the different kinds of international crimes, a "war crime" could be most easily prosecuted, Schwarz explained.
"For example, a soldier unlawfully kills one civilian in #Gaza," he continued. "But when we're talking about 'crimes against humanity,' it's much harder to prosecute because the threshold for proving this is much higher."
In Germany, federal prosecutors must also decide whether to investigate such cases. However, a case involving the October 2024 deaths of the German-Palestinian Abujadallah family of six, due to Israeli bombing of Gaza, has apparently not been investigated under international law. Neither has the case of German-Israeli woman Shani Louk, who was killed in the #Hamas attack on October 7. Only domestic law has been used.
"That’s why we have argued the federal prosecutor is not fulfilling his duty to investigate," Schwarz said.
This also means German prosecutors are less likely to investigate a case involving #Israeli soldiers traveling in Germany.
Could Israelis be prosecuted for war crimes in Germany?
A Belgian non-profit is trying to prosecute Israeli soldiers, should they leave Israel, for alleged war crimes. German law would allow for this. Could Israeli soldiers on vacation in Germany be arrested?Cathrin Schaer (Deutsche Welle)
