Germany wants to prosecute sexual violence in conflict zones as war crimes

Sexual violence in conflict zones, anywhere in the world, can now be prosecuted as war crimes and crimes against humanity before German justice, according to a bill adopted on Wednesday November 1 in Berlin. The center-left government approved a Justice Ministry proposal that expands the definition of war crimes and crimes against humanity to include sexual assault, sexual slavery and forced termination of pregnancy.

“Sexual violence, primarily against women, has long been used in wars around the world and by terrorists as a tactical weapon”, declared to AFP the Minister of Families, Lisa Paus. If this bill has yet to receive the approval of the German Parliament, it was thought of following the abuses committed by the Russians in Ukraine, according to the minister. She also said “indignant” by the sexual violence suffered by Israeli women during attacks by Hamas commandos on October 7.

War crimes and crimes against humanity are defined in the Rome Statute of 1998 which established the International Criminal Court (ICC). A war crime covers more than 50 scenarios, including murder, torture, rape and hostage taking. In the past, German justice has repeatedly prosecuted people accused of atrocities committed abroad, notably in the context of the war in Syria. To do this, it uses universal jurisdiction, which allows countries to judge crimes of exceptional gravity, even if they were committed in another country.