The Current Case Law of the Federal Court of Justice on International Criminal Law

Abstract

The article provides an overview of recent case law of the Third Criminal Division of the German Federal Court of Justice on international criminal law. It focuses in particular on the Nord Stream decision, the requirements for aiding and abetting genocide, and the interpretation of crimes against humanity and war crimes under the German Code of Crimes against International Law. The analysis highlights key issues concerning functional immunity, justifications under international law, the structure of criminal offences, and the classification of persons as belonging to an opposing party in an armed conflict.