Post-Mortem Protection of Human Dignity
Post-Mortem Protection of Human Dignity
German Supreme Court of Justice Case Law on Violations of International Humanitarian Law
Author(s): Manfred DausterSubject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, Human Rights and Humanitarian Law
Published by: Univerzita Komenského v Bratislave
Keywords: Post-Mortem Protection; International Criminal Law;Rome Statute;German Criminal Code;International Humanitarian Law;
Summary/Abstract: Abstract: After a long development, Rome Statute represents a codification of customary international humanitarian law. Despite of her own national history with respect to war crimes, Germany finally promotes prosecution of offences against crimes as set forth by the Rome Statute through national authorities based upon the German Criminal Code of Crimes against International Law which mirrors the Rome Statute. Desecration of dead adversaries has become outraging practice in armed conflicts of international and non-international character. The German Federal Supreme Court of Justice in its case law has stated the criminal illegality of such wrong-doing by not only referring to the Rome Statute, but either implementing international case law when it comes to desecration of corpses according to Section 8 paragraph 1 No 9 of the German Criminal Code of Crimes against International Law.
Journal: Bratislava Law Review
- Issue Year: 4/2020
- Issue No: 1
- Page Range: 19-32
- Page Count: 14
- Language: English