Shadows of Return

Abstract

Abstract In Germany, the prosecution of female Islamic State (IS) returnees for property offences under international criminal law has become increasingly important in recent years. These prosecutions give reason for critical reflections on the basis and limits of protection of property in international criminal law in general and its application in practice, in particular under the German Code of Crimes Against International Law (Völkerstrafgesetzbuch). This article argues that despite a well-established normative basis for and legitimacy of protecting property in international criminal law, there are considerable deficiencies in the application of the relevant offence in German jurisprudence. These deficiencies concern, first, the distinction between the different modalities of war crimes against property; secondly, the phenomenon of so-called multiple appropriations; and, thirdly, requirements for determining the gravity of property crimes. The article criticizes the fact that legal practice has so far only insufficiently evaluated the international dimension of property offences, warranting a presumption as an international crime. It argues the need for the criminal justice system to take greater account of the aims and functions of international criminal law in legal practice.