Focus on sexualized violence: International criminal law is to become much stricter

Sexualised violence in focus
International criminal law is to become much stricter

Justice Minister Buschmann wants to reform international criminal law. A first draft law grants the victims significantly more rights – and extends the offenses. In the future, sexual assault and sexual slavery could also be punished as crimes against humanity.

Federal Minister of Justice Marco Buschmann has presented his plans for a reform of international criminal law. His ministry published a draft bill that provides for easier options for victims and their relatives to join the criminal prosecution and is intended to close gaps in criminal liability in German law.

Buschmann announced the changes in February against the background of the Ukraine war. “The central promise of international criminal law is of dramatic topicality: crimes under international law must not go unpunished!”, declared the FDP politician. Due to its history, Germany has “a special responsibility to fill this great promise of international law with life”.

Victims of crimes under the International Criminal Code (VStGB) and relatives of those killed should now be able to join proceedings as joint plaintiffs, as the ministry explained. They should be “assigned a victim lawyer without further requirements” and, upon request, also receive a psychosocial process companion.

New facts planned

Criminal offenses in the International Criminal Code should also be expanded or specified. Sections 7 and 8 of the VStGB are to be amended so that they also include the offense of sexual slavery, sexual assault and forced termination of pregnancy. The offenses of using weapons whose splinters cannot be detected by X-rays and the use of permanently blinding laser weapons are also to be newly included in the CCAIL.

In order to promote the dissemination of important German international law processes, international media should be able to make use of interpreting services in processes. Groundbreaking judgments on international criminal law are also to be translated into English. Records are intended to facilitate scientific work-up. The draft law was sent to states and associations and home page published by the ministry. Interested parties now have the opportunity to comment until August 25, 2023.

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