Case: Amin M. -

Case No:5-2 OJs 15/20 - 1/22 - 1st Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: Syrian

Sentence

1st Instance:

1 years and 6 months imprisonment on parole

Case Summary


Amin M., a Syrian national, joined a combat unit of the Free Syrian Army after he had suffered personal losses due to the violent reprisal of the protest in Syria by the Syrian government. As a fighter for the FSA unit, in December 2023, he allowed himself to be photographed and filmed while kicking the corpse of a soldier whom he believed to have been a member of the Syrian air force. Amin M. was further charged with membership in ISIS, having allegedly participated in military training offered by the organisation and allegedly taken over duties as a guard for which he was also said to have been in possession of weapons of war. However, in October 2022, Amin M. was only found guilty of a war crime in relation to the degrading behaviour as a member of the FSA. He was sentenced to 1 year and 6 months on parole, given his young age at the time of the crimes, as well as the positive developments he took since arriving in Germany in 2015.

Criminal Case Records


Indictment

4 February 2021
Core International Crimes Charges
  • 1 count of war crime of degrading treatment of a deceased person

Terrorism Charges
  • 2 counts of membership in a terrorist organisation

Other Domestic Charges
  • 2 counts of violation of weapons of war control laws

Verdict

1st Instance:

  • Core International Crimes
  • 1 count of war crime of degrading treatment of a deceased person

More details


Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 1st Inst. Verdict – Final

Verdict status: Partial Acquittal

Case details

Case details

Affiliated group: ISIS; Free Syrian Army (FSA)

Travelled to conflict zone: Resident in conflict zone

Prosecution

Prosecution

Special procedure: Juvenile Justice

Ground of jurisdiction: Universal Jurisdiction

Sentencing Data


Mitigating Factors

  • 18-years-old at time of crimes
  • Retarded development at that time
  • No criminal record
  • Positive development since being in Germany: living in a stable partnership, started a family, pursued professional activities

Aggravating Factors

None


Evidence Used

  • Photographs

Sources


Indictment – Press Release

1st Instance Verdict – Press Release