Investigations into crimes under the International Criminal Code (VStGB)
Accusations under international criminal law are among the most serious criminal charges that can be leveled against a person. Proceedings in this area are not only legally complex, but also regularly have significant political implications and attract considerable public attention.
The following offenses are included in international criminal law:
- Genocide (§ 6 VStGB)
- Crimes against humanity (§ 7 VStGB)
- War crimes (§§ 8-12 VStGB)
- Crime of aggression (§ 13 VStGB)
- Violation of supervisory duty (§ 14 VStGB)
- Failure to report a criminal offense (§ 15 VStGB)
With the entry into force of the German Code of Crimes against International Law (VStGB), the German legislature codified the crimes of international criminal law defined in the Rome Statute into national law. Based on the principle of universal jurisdiction, these crimes can be prosecuted in Germany – even if they were committed abroad and there is no direct connection to Germany (§ 1 sentence 1 VStGB).
The International Criminal Court merely complements domestic criminal jurisdiction (Preamble, paragraph 10, Article 1 of the ICC Statute). If a state investigates or prosecutes an international crime, the ICC has no jurisdiction (principle of complementarity, Article 17, paragraph 1 of the ICC Statute).
Particularly as a result of the international conflicts of recent decades, such as those related to the civil war in Syria, there are numerous investigations in Germany concerning allegations of international criminal law.
As a law firm operating nationwide in commercial and general criminal law, we also advise and defend clients in international criminal proceedings. Defense in international criminal law requires a profound understanding of the interfaces between national criminal law, international humanitarian law, and international criminal jurisdiction. Investigations can focus not only on individuals who are alleged to belong to a terrorist organization at the scene of the conflict or to have been otherwise involved in an armed conflict, but increasingly also on officials of foreign governments.
International criminal law in Germany – Foundations of the International Criminal Code (VStGB)
Modern international criminal law is the result of centuries of historical development. A historically important milestone on this path was the Nuremberg Trials, which, after the Second World War, saw the first instance of prosecuting key international crimes under individual criminal law.
Following the ad hoc tribunals for the former Yugoslavia (1993–2017) and for Rwanda (1994–2015), the adoption of the Rome Statute of July 17, 1998, marked the decisive step towards establishing a codified international criminal law and a permanent international criminal court. The Statute entered into force on July 1, 2002, and defines the core crimes of international criminal law. Germany transposed its provisions into national law through the International Criminal Code.
International criminal law is of paramount social and political importance. It serves to prosecute the most serious human rights violations and is intended to prevent impunity for systematic violent crimes. At the same time, its application raises complex questions regarding state sovereignty, the immunity of public officials, and the scope of international jurisdiction.
When does a crime under the International Criminal Code occur?
The International Crimes Code regulates in particular the following offenses: genocide (§ 6 VStGB), crimes against humanity (§ 7 VStGB), war crimes (§§ 8–12 VStGB) and the crime of aggression (§ 13 VStGB).
Genocide (§ 6 VStGB)
Genocide is characterized by the perpetrator's intent to destroy, in whole or in part, a specific group of people. For genocide to be a crime, this intent need not be carried out. It is sufficient to commit one of the listed acts with this intent. These include, among others, the killing of a group member:
- inflicting serious physical or mental harm,
- to subject the group to living conditions designed to bring about their physical destruction in whole or in part,
- the imposition of measures intended to prevent births within the group, as well as
- the forced transfer of a child to another group.
Crimes against humanity (§ 7 VStGB)
Crimes against humanity can consist of various acts besides the killing of a person, some of which overlap with those of genocide. A prerequisite in all cases is that the act is committed within the context of a widespread or systematic attack against a civilian population.
War crimes (§ 8 – 12 VStGB)
The offense of war crimes encompasses further acts which – unlike crimes against humanity – must necessarily be committed in connection with an international or non-international conflict.
Aggression (§ 13 VStGB)
The crime of aggression specifically criminalizes waging a war of aggression.
In Germany, international criminal proceedings were initiated particularly in connection with the civil war in Syria and the terrorist organization "Islamic State". There were also proceedings related to special units of the Gambian armed forces and the Rwandan liberation movement in the Congo.
How is an international criminal offense detected?
In Germany, the Federal Prosecutor General at the Federal Court of Justice is regularly responsible for investigations under the German Code of Crimes against International Law (VStGB). First-instance jurisdiction for main proceedings is concentrated in the Higher Regional Courts.
Investigations are often initiated by tips from international or non-governmental organizations, statements from refugees, or media reports. So-called structural investigations – investigations without a specific suspect to clarify an overall incident – are also common in international criminal law.
Typical investigative measures include:
- extensive witness examinations,
- the evaluation of digital communication tools,
- international requests for legal assistance,
- as well as cooperation with foreign law enforcement agencies.
In individual cases, international arrest warrants or extradition requests may be added.
Since the crime scenes are often located abroad, proving the case is particularly challenging. Linguistic, cultural, and political nuances must be taken into account. The defense is therefore regularly confronted with complex factual and legal issues that require a specialized approach.
What penalties are threatened under international criminal law?
The penalties under the International Criminal Code are severe:
Section 6 of the German Code of Crimes against International Law (VStGB) generally provides for a life sentence for genocide, with the exception of less serious cases.
Life imprisonment can also be imposed for certain types of crimes against humanity and for certain war crimes. In less serious cases, at least a fixed-term prison sentence is imposed.
In addition to the main penalty, there are significant ancillary consequences. These include confiscation of assets under Sections 73 et seq. of the German Criminal Code (StGB), entries in the Federal Central Register, and consequences under immigration law, up to and including deportation.
International arrest warrants or wanted notices can further significantly restrict freedom of movement.
Defense in international criminal law – Your advice from Galen Lawyers
Proceedings under the International Criminal Code require a defense team well-versed in national criminal procedure, international criminal law, and international law, while also possessing a thorough understanding of the political context. We will support you throughout the investigation, represent you before the Federal Prosecutor General and the Higher Regional Courts, and advise you on related legal issues such as extradition, international arrest warrants, and asset recovery.
As a law firm specializing in criminal law, we are aware of the vital importance of such proceedings. Our goal is to consistently protect your rights within the framework of the rule of law.
If you have learned that you are under investigation, every day counts. Contact us as soon as possible – in a confidential initial consultation we will discuss your situation and the possible next steps.
The principle of universal jurisdiction allows German law enforcement authorities to prosecute certain crimes regardless of where they were committed or the nationality of those involved. This is based on the assumption that these crimes affect the international community as a whole. In German law, this principle is enshrined in Section 1, Sentence 1 of the Code of Crimes against International Law (VStGB).
The International Criminal Court generally acts only as a supplement to national criminal prosecution – specifically, when the crime is not already being prosecuted in a state or when that state is unwilling or unable to prosecute it itself. This so-called principle of complementarity is intended to safeguard the primary jurisdiction of nation-states.
Yes. The prosecution and enforcement of crimes under the International Criminal Code are not subject to any statute of limitations (§ 5 VStGB). Therefore, the passage of time since the crime does not, in principle, preclude prosecution.
Superior responsibility refers to the criminal liability of military or civilian leaders for crimes committed by subordinates if the leader failed to prevent or adequately prosecute them.
No. Pre-trial detention requires a strong suspicion of a crime and a ground for detention, such as risk of flight or obstruction of justice. However, in international criminal proceedings, a risk of flight is frequently assumed, particularly in cases with international elements.
International arrest warrants can lead to arrests abroad and extradition proceedings. They have significant implications for freedom of movement and require independent legal review.
International humanitarian law governs, among other things, the protection of civilians, prisoners of war, and combatants in armed conflicts. Many provisions of the German Code of Crimes against International Law (VStGB) serve to enforce international humanitarian law by criminalizing its violation.
You should seek legal advice as soon as you receive the first indications of an investigation or are contacted by investigating authorities. Early legal representation allows you to make strategic decisions and fully exercise your procedural rights.