Abstract
AbstractAs a reaction to the killing and beheading of two soldiers in the Syrian Civil War, the German Federal Court of Justice (BGH) set a milestone in the interpretation of § 8(1) no. 9 of the German Code of Crimes against International Law (VStGB). The judges confirmed the conviction of a young German citizen with Syrian roots, Aria L., who had been tried and convicted before the Higher Regional Court of Frankfurt am Main (Oberlandesgericht (OLG) Frankfurt am Main). Within the certiorari, the BGH reviewed whether the statute conformed with the principle of legality found within the Grundgesetz (GG), Germany’s constitution. The Court held that the corpse of a person killed is protected from desecration under humanitarian law pursuant to § 8(1) no. 9 VStGB, the equivalent to Article 8(2)(b)(xxi) and (3)(ii) of the Rome Statute for the International Criminal Court (ICC). Reviewing this particular decision, it was determined that under the circumstances of a non-international armed conflict, beheading someone, placing the head on a metal rod, and taking pictures afterward in order to upload them onto social media is gravely humiliating and degrading. The head is incomparably the part of the body that identifies a person. Furthermore, it is irrelevant whether the perpetrator had any physical influence over the person. In addition, war crimes can be committed in a non-international conflict, which should, however, be treated equally as an international conflict. This outcome triggered diverse reactions amongst legal scholars, especially due to the extension of the understanding of a “person” who is to be protected under humanitarian law.
Highlights
As a reaction to the killing and beheading of two soldiers in the Syrian Civil War, the German Federal Court of Justice (BGH) set a milestone in the interpretation of § 8(1) no. 9 of the German Code of Crimes against International Law (VStGB)
The Court held that the corpse of a person killed is protected from desecration under humanitarian law pursuant to § 8(1) no. 9 VStGB, the equivalent to Article 8(2)(b)(xxi) and (3)(ii) of the Rome Statute for the International Criminal Court (ICC)
It was determined that under the circumstances of a noninternational armed conflict, beheading someone, placing the head on a metal rod, and taking pictures afterward in order to upload them onto social media is gravely humiliating and degrading
Summary
The mutilation and desecration of corpses has long been a component of psychological warfare, especially in the Syrian and Iraqi wars. Social media platforms have been abused to spread sensitive content, pictures and videos demonstrating cruel and heinous acts. This method of distribution is utilized to intimidate opponents and to recruit new terrorist soldiers. These social media platforms appeal primarily to young people. This raises the key question in this decision as to whether deceased persons can be deemed protected persons under international humanitarian law within the meaning of § 8(1) no. As of April 23, 2020, the German Federal Prosecutor’s Office (Bundesstaatsanwaltschaft) has evaluated more than eighty International Criminal Proceedings cases. As a reaction to the increasing cruelty of the conflicts in Syria and Iraq, Germany’s Federal Prosecutor’s Office has dealt with § 8(1) no. 9 VStGB2—war crimes against persons—on three separate occasions. A novel ruling by the Third Criminal Senate of the BGH, referring to the decision of the OLG5 Frankfurt am Main, interprets international criminal law pursuant to § 8(1) no. 9 VStGB in a German context. This raises the key question in this decision as to whether deceased persons can be deemed protected persons under international humanitarian law within the meaning of § 8(1) no. 9 VStGB and, at the same time, reveals the challenges of an interpretation in conformity with international law
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
