Germany: 61 cases

Overview

As early as May 2015, German prosecutors filed the first indictment against an alleged terrorist for both core international crimes and terrorism charges. This case also led to the first final conviction of a defendant for core international crimes, terrorist offences, and domestic criminal charges in November 2016. Notably, German authorities are also prosecuting alleged terrorists for domestic charges in addition to terrorist offences and core international crimes. Such domestic charges frequently relate to child neglect and violations of weapon laws. In November 2021 a German court handed down the first ever conviction of an ISIS member for acts of genocide against the Yazidi community with the verdict becoming final one year later.
 

Germany has domestically criminalised genocide, war crimes, and crimes against humanity in form of the Code of Crimes against International Law (Völkerstrafgesetzbuch) in 2002. Sect. 1 of the Code of Crimes against International Law also provides for universal jurisdiction over crimes included in the Code of Crimes against International Law. When prosecuted cumulatively, alleged terrorists are most frequently prosecuted for membership in a foreign terrorist organisation or support of such an organisation pursuant to Sect. 129b Criminal Code (StGB). Once the required permission of the Minister of Justice to prosecute conduct relating to a terrorist organisations operating outside the European Union is granted, respective individuals can also be prosecuted when there are foreign citizens present in Germany. Cases concerning charges of terrorism or core international crimes are primarily prosecuted by the Federal Prosecutor General’s Office (GBA) although the office can delegate cases to State Prosecutors. In cases concerning non-German alleged perpetrators, however, the prosecutors have certain discretion in deciding whether or not to open proceedings (Sect. 153f StPO). Survivors of core international crimes/and or terrorist offences can file a criminal complaint to the prosecution office and, once a trial had been opened, can participate in proceedings as joint plaintiffs under certain conditions (Sect. 395 ff. StPO). On first Instance, cases concerning terrorism or core international crimes are tried before a Higher Regional Court with the possibility of appeal (Revision) to the Federal Court of Justice.

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Last update: 24 February 2025