Case: Harry S. -

Harry S. was initially prosecuted for membership in a foreign terrorist organisation and violation of weapon laws, being convicted for membership in a foreign terrorist organisation on 5 July 2016, and sentenced to three years imprisonment. The court found that in April 2015, Harry S. joined ISIS in Syria where he agreed to participate in military training provided by an ISIS elite unit. After a few months, he stopped the training. Shortly after, he appeared in an ISIS propaganda video. Harry S. voluntarily returned to Germany in July 2015 where he was arrested upon his arrival. Core international crimes charges were filed against Harry S. only after his first conviction, following the discovery of footage suggesting he might have taken part in mass killings in Syria. The second indictment was filed in July 2017, charging with six counts of war crime of murder and six counts of murder. However, the Court refused to open another trial, finding that it would violate the defendant’s right not to be tried for the same offence twice. The Federal Court of Justice confirmed this assessment arguing that the executions shown in the videos were part of the overall context for which Harry S. already stood trial and was convicted for membership in a foreign terrorist organisation.