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Karlsruhe (dpa) - The Federal Court of Justice (BGH) is today setting the course for the prosecution of foreign war crimes in Germany.
So far, the Federal Prosecutor's Office has also brought employees of foreign governments and civil servants to court.
Germany is playing a pioneering role in the pursuit of atrocities in the Syrian civil war.
However, there are voices according to which such functionaries enjoy immunity in other countries and should therefore not be convicted there.
Now the BGH wants to take a position on this.
(Az. 3 StR 564/19)
The specific case concerns a former first lieutenant in the Afghan army who, among other things, allegedly mistreated three captured Taliban fighters during interrogation.
The Munich Higher Regional Court sentenced the man to two years probation in July 2019.
The prosecution and defense have appealed against this in Karlsruhe.
Negotiations have already taken place and the BGH will announce its decision directly.
The extent to which the judges will determine the content is open.
It is also possible that they suspend the proceedings and refer the question to the Federal Constitutional Court.
© dpa-infocom, dpa: 210127-99-195231 / 2
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Announcement by the BGH
OLG Munich on the judgment of July 26, 2019
GBA on the indictment in March 2019
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GBA for arrest in October 2018
Submission to the Federal Constitutional Court, Article 100, Paragraph 2 of the Basic Law
Information from the GBA on international criminal law
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International Criminal Code (VStGB)
Draft law to introduce the VStGB 2002
Information from ECCHR on the Koblenz torture process