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Karlsruhe (AP) - The Federal Court of Justice (BGH) wants to comment next week in a case from Afghanistan in more fundamental terms on the prosecution of foreign war crimes in Germany.
This was announced by the chief criminal judge in Karlsruhe on Tuesday.
Specifically, it concerns a former first lieutenant in the Afghan army who is said to have mistreated three captured Taliban fighters during interrogation and threatened to electrocute them.
He is also said to have arranged for the body of a Taliban commander to be publicly hung.
The Munich Higher Regional Court sentenced the man to two years probation in July 2019, but did not classify the prisoners' treatment as torture.
Therefore, not only the accused, but also the Federal Prosecutor's office appealed.
As the BGH announced, the judges are faced with the fundamental question of whether a member of a foreign army can even be convicted by German criminal courts or whether they may enjoy immunity.
This is "significant beyond the individual case".
The responsible Senate is therefore also considering referring the question to the Federal Constitutional Court.
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The man was arrested in October 2018 in the Upper Bavarian district of Ebersberg.
The verdict is due to be announced on January 28th.
The case has already been negotiated.
(Az. 3 StR 564/19)
Announcement by the BGH
OLG Munich on the judgment of July 26, 2019
GBA for arrest in October 2018