Problems in Blaming and Punishing Individuals for Human Rights Violations: the Example of the Berlin Wall Shootings

Abstract

This chapter focuses on the problems of criminal prosecution as exemplified by the Berlin Wall cases. It outlines the relevant post-unification criminal law issues. The chapter leads to a discussion of the international and constitutional law issues the courts had to face in establishing the border soldiers' criminal responsibility. It looks at problem of individual attribution and personal culpability. The chapter summarizes the special problems in trying Honecker and other top-level officials. The author questions the reasonableness of the sentencing in the Mauerschutzen cases and raise the issue of appropriate sanctions in human rights cases. The chapter provides some perspectives on the legitimacy of ex post facto criminal justice and on the problems of state prosecution of human rights cases in general. The Mauerschutzen cases in unified Germany illustrate that blaming and punishing individuals for human rights violations within the framework of the criminal justice system is fraught with difficulties. Keywords:Berlin wall shooting; blaming; ex post facto ; human rights violations; Mauerschutzen ; personal culpability; post-unification criminal law; punishing