Völkerstrafgesetzbuch
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Völkerstrafgesetzbuch
The ''Völkerstrafgesetzbuch'' (, "Code of Crimes against International Law"), abbreviated ''VStGB'', is a German German law, law that regulates international criminal law, crimes against (public) international law. It allows cases to be brought against suspects under international criminal law provisions, meaning that suspects can be prosecuted even though both they and their victims are foreigners and the crime itself took place abroad.Tobias Buck (29 October 2019)Germany charges two Syrians with crimes against humanity''Financial Times''. The VStGB was created to bring the German criminal law into accordance with the Rome Statute of the International Criminal Court, Rome Statute of the International Criminal Court. It was announced on 26 June 2002 and became law 30 June 2002. Contents The VStGB covers the following offenses: *Genocide (§ 6) *Crime against humanity, Crimes against humanity (§ 7) *War crimes (§§ 8–12) *War of aggression, Wars of agression ...
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Strafgesetzbuch
''Strafgesetzbuch'' (), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany. After the defeat of Nazi Germany, ...
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Universal Jurisdiction
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are '' erga omnes'', or owed to the entire world community, as well as to the concept of ''jus cogens'' – that certain international law obligations are binding on all states. According to Amnesty International, a proponent of universal jurisdiction, certain crimes pose so serious a threat to the international community as a whole that states have a logical and moral duty to prosecute an individual responsible; therefore, no plac ...
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German Law
The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code ('' Bürgerliches Gesetzbuch'', or BGB) were developed prior to the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived fr ...
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Oberlandesgericht
An ''Oberlandesgericht'' (plural – ''Oberlandesgerichte''; OLG, en, Higher Regional Court, or in Berlin ''Kammergericht'': KG) is a higher court in Germany. There are 24 OLGs in Germany and they deal with civil and criminal matters. They are positioned above state courts (Landgericht (Germany), ''Landgerichte'') and below the Bundesgerichtshof, Federal Court of Justice (''Bundesgerichtshof''), in family and child law above the district courts (''Amtsgericht'') and below the Federal Court of Justice. In the ''Oberlandesgerichte'', the offices of the ''Generalstaatsanwaltschaft'' or district attorney general are located. In criminal cases that are under primary jurisdiction of the Federal Court of Justice (i.e., cases concerning national security), the Oberlandesgerichte act as branches of the Federal Court of Justice, that is, as "lower federal courts" (''Untere Bundesgerichte''). As pe§ 120, OLGs have original jurisdiction (''Erstinstanz'') over crimes against public intern ...
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Public Prosecutor General (Germany)
The Public Prosecutor General at the Federal Court of Justice (german: Generalbundesanwalt or ''Generalbundesanwältin beim Bundesgerichtshof'' (GBA), lit.: "General Federal Attorney at the Federal Court of Justice") is the federal prosecutor of Germany, representing the federal government at the ''Bundesgerichtshof'', the federal court of justice. The office of the Public Prosecutor General is located in Karlsruhe. Besides its role in appellate cases, the Public Prosecutor General has primary jurisdiction in cases of crimes against the state (in particular terrorism, espionage and treason), and offences under the ''Völkerstrafgesetzbuch'' (genocide, crimes against humanity and war crimes). The Public Prosecutor General also represents Germany in certain civil and administrative cases. The Federal Minister of Justice proposes the Public Prosecutor General with the approval of the '' Bundesrat'' to the President of Germany for appointment. The Public Prosecutor General is conside ...
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Ignace Murwanashyaka
Ignace Murwanashyaka (14 May 1963 – 16 April 2019) was a leader of the Democratic Forces for the Liberation of Rwanda (FDLR), a Rwandan Hutu rebel group that absorbed a number of military people responsible for the Rwanda genocide, and operating in the Democratic Republic of the Congo. The FDLR are responsible for large scale human rights violations and crimes against humanity, including rape on a massive scale. Life Murwanashyaka was born in Butare and has studied economic sciences in West Germany, including a doctor's degree, and lived there since 1989, on asylum since 2000. He was married to a German woman and has children with her. Since 2001 he had been travelling between Germany and the Democratic Republic of Congo. In November 2005 he was blacklisted by the United Nations for violating an arms embargo aimed at promoting peace in the Democratic Republic of Congo, and subjected to a travel bans and assets freeze. He was arrested on 7 April 2006 in Mannheim, Germany for im ...
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Rome Statute Of The International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the Rome Conference for an International Criminal Court''. The American Society of International Law. Retrieved on 31 January 2008. and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute. Among other things, the statute establishes the court's functions, jurisdiction and structure. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves; the jurisdiction of the court is complement ...
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