The German government on Wednesday approved a draft law allowing sexual violence in conflict zones to be prosecuted as a war crime and a crime against humanity.
This move, led by the canter-left coalition, allows for an amendment to Germany's criminal code, enabling the country to investigate such crimes committed abroad under the principle of "universal jurisdiction."
The proposed change expands the existing definition of war crimes to encompass sexual assault, sexual enslavement, and forced pregnancy termination. German Family and Women's Affairs Minister, Lisa Paus, emphasized the widespread use of sexual violence, particularly against women, as a tactic in conflicts worldwide. She stated, "Sexual violence, primarily against women, has long been used in conflict worldwide by terrorists, systematically in armed conflicts and as a tactical weapon."
The new legislation, still pending parliamentary approval, was prompted by the alarming accounts of sexual assault following the Russian invasion of Ukraine. Justice Minister Marco Buschmann of the liberal Free Democrats underscored the relevance of international criminal law in the wake of the Russian aggression against Ukraine.
The Social Democrats, the third party in the ruling coalition, emphasized the historic importance of the legal reform in explicitly protecting LGBTQ individuals in war zones. "War crimes" and "crimes against humanity" were initially defined in the 1998 Rome Statute, which established the International Criminal Court (ICC). A war crime encompasses over 50 scenarios, including killing, torture, rape, and hostage-taking.
Germany has a history of prosecuting atrocities committed abroad, including those in the Syrian conflict, utilizing universal jurisdiction. This allows countries to try individuals for crimes of exceptional gravity, such as war crimes and genocide, even if they occurred in a different country.
UN investigators examining violations in Ukraine since Russia's invasion reported in March that Moscow was responsible for a wide range of war crimes, including attacks on civilians, infrastructure, as well as killings, torture, rape, and other sexual violence.
By Salam Bustanji
