ABSTRACT

More than twenty years ago – on 30 June 2002 and thus one day prior to the Rome Statute of the International Criminal Court – the German Code of Crimes Against International Law (Völkerstrafgesetzbuch – CCIL) entered into force. It forms the basis for a decentral enforcement of international law and allows for the national prosecution of the international core crimes. The most far-reaching innovation of the CCIL is its broad jurisdictional reach. It is based on the principle of universal jurisdiction and empowers the German judicial authorities to prosecute genocide, crimes against humanity, and war crimes even when they are committed abroad have no specific link to Germany. After some initial hesitation, Germany meanwhile plays an active role in the international fight against impunity for core crimes. Accordingly, the Prosecutor General announced immediately after the start of Russia’s war of aggression to initiate structural investigations in Ukraine. The following chapter gives an overview on the CCIL and shows how and to what extent it applies to crimes committed in Ukraine. After a short summary of the current status of German international criminal law it will be discussed what role Germany could play in holding Russian war criminals accountable.