Germany Breaks the Silence: Prosecuting Sexual Violence as a War Crime and Crime Against Humanity

Germany Takes Historic Step in Prosecuting Sexual Violence as War Crime and Crime Against Humanity In a historic move, the German government has approved a draft law that allows sexual violence in conflict zones to be prosecuted as a war crime and a crime against humanity. The measure, passed by the centre-left-led coalition and approved by the justice ministry, paves the way for a change to Germany's criminal code, permitting the investigation and prosecution of such crimes committed abroad under the principle of universal jurisdiction. The new legislation expands the existing definition of war crimes to encompass sexual assault, sexual enslavement, and forced pregnancy termination.

These heinous acts, primarily perpetrated against women, have long been employed worldwide by terrorists as well as systematically in armed conflicts and as tactical weapons. German family and women's affairs minister Lisa Paus emphasized the urgency of bolstering the rights of victims by granting them an opportunity to actively participate in criminal trials as co-plaintiffs. Drawing attention to widespread accounts of sexual assault since the Russian invasion of Ukraine, Paus pointed out that these disturbing cases have immense implications. Notably, the impetus for this legal reform was the alarming increase in reports of sexual violence. For instance, Paus referred to the rape of Israelis by Hamas fighters during the October 7 attacks, shedding light on the urgent need to address such atrocities.

Justice Minister Marco Buschmann of the liberal Free Democrats underscored the relevance of international criminal law, particularly in light of the Russian war of aggression against Ukraine. He expressed that this new legislation would play a vital role in holding perpetrators accountable for their actions. The Social Democrats, another party in the ruling coalition, highlighted the historic nature of this legal reform in explicitly protecting LGBTQ individuals in war zones. This legislation reflects a significant step forward in safeguarding the rights and well-being of all victims, regardless of their sexual orientation or gender identity.

War crimes and crimes against humanity were initially defined in the 1998 Rome Statute, which established the International Criminal Court (ICC). The broad definition of war crimes covers more than 50 scenarios, including killing, torture, rape, and hostage-taking. Germany holds a history of prosecuting atrocities committed abroad, including in the Syrian war. These prosecutions are made possible by the principle of universal jurisdiction, allowing countries to try individuals for crimes of exceptional gravity, such as war crimes and genocide, even if they were committed in a different jurisdiction.

UN investigators, while probing violations in Ukraine in the wake of Russia's invasion, reported in March that Moscow was responsible for a vast array of war crimes. These crimes included widespread attacks on civilians and infrastructure, as well as killings, torture, rape, and numerous other forms of sexual violence. With the approval of this groundbreaking legislation, Germany is taking a significant step towards ensuring justice for the victims of sexual violence in conflict zones. The pending parliamentary approval of this law further signifies the nation's dedication to combating and addressing these heinous crimes, both at home and abroad.