Germany's efforts in prosecuting international crimes in Syria. A promising shift from a "No-Safe-Haven" towards a "Global-Enforcer" approach?

Table of Contents

• Introduction
• The German Legal Framework and Institutions for Prosecuting Crimes of International Law
  • The Codification of The Code of Crimes against International Law in light of the Rome Statute - Universal Jurisdiction pursuant to §1 CCAIL
  • Prosecutorial Framework and Discretion - §153f CCP
    • Classification and Aim
    • Specific Provisions
    • Judicial Review
  • Institutions
  • Analysis
• 'No-Safe-Haven' – Prosecution Strategy and Practice
  • Aim and Classification
  • Initiation of an Individualized Investigation
  • Formal Individualized Investigations in Practice - Decisions to desist, Considerations and Legal Arguments
    • Missing Legitimate Link and Lack of Prospect
    • Subsidiarity
    • Anticipated Legal Assistance
    • Immunity
  • Evaluation
    • Missing Legitimate Link and Lack of Prospect
    • Subsidiarity
    • Anticipated Legal Assistance
    • Immunity
  • Analysis
• 'Structural Investigations' as a Prosecution Strategy - Bridge to a ‘Global-Enforcer' approach or Evidentiary Limbo?
  • Aim and Classification
  • Initiation of an Investigation against Unknown
    • Initial Suspicion
    • Relation to 153f CCP
  • 'Structural Investigations' in Practice Investigations into International Crimes in Syria
    • Current Practice - Status Quo
    • Institutions and Cooperation
  • Evaluation
    • Missing Legitimate Link
    • Lack of Prospect
    • Subsidiarity
    • Anticipated Legal Assistance
    • Immunity
  • Analysis
• Perspectives
  • Perspective in the Case of Syria
  • Germanys Role within the International Criminal Justice System

Objectives and Key Themes

This paper examines the evolution of German law and practice regarding the prosecution of international crimes, with a particular focus on Syria. It analyzes the transition from a 'No-Safe-Haven' approach to a potential 'Global-Enforcer' approach, assessing the effectiveness and challenges of both strategies. Key themes include:

• The role of universal jurisdiction in achieving justice for international crimes
• The German legal framework and institutions for prosecuting international crimes
• The effectiveness of 'No-Safe-Haven' and 'Structural Investigations' prosecution strategies
• The challenges and opportunities of Germany's role in the international criminal justice system
• The application of universal jurisdiction to the Syrian conflict

Chapter Summaries

The introduction sets the stage by highlighting the significance of universal jurisdiction in addressing human rights violations and the importance of national courts alongside international tribunals. The paper then dives into the German legal framework and institutions for prosecuting crimes of international law, covering the codification of the Code of Crimes Against International Law (CCAIL) and the prosecutorial framework. Chapter 3 explores the 'No-Safe-Haven' strategy, analyzing its aims, implementation, and limitations. This includes examining the practical application of individualized investigations and the various legal arguments used to justify decisions to desist from prosecution. Chapter 4 focuses on the alternative 'Structural Investigations' approach, aiming to assess its potential as a bridge to a 'Global-Enforcer' approach. It discusses the initiation of investigations against unknown perpetrators, the practical application in the context of Syria, and an evaluation of the legal challenges associated with this strategy. Chapter 5 provides perspectives on the prosecution of international crimes in Syria and the broader role of Germany within the international criminal justice system.

Keywords

Universal Jurisdiction, International Crimes, Syria, Germany, 'No-Safe-Haven', 'Global-Enforcer', 'Structural Investigations', International Criminal Court, Rome Statute, Complementarity, Prosecutorial Discretion, Legal Assistance, Immunity, International Criminal Justice System, Impunity.