The Duty of Confidentiality and the Principle of Universal Jurisdiction of ICL

 

In an article published in KriPoZ (Kriminalpolitische Zeitschrift), Senior Officer for International Criminal Law Dr Gurgen Petrossian and Miriam Schäfer discuss the confidentiality obligations of social workers in the context of international criminal law. This piece is part of the "Refugees as Potential Witnesses of International Crimes" project. The authors explore the tension between the duty of confidentiality, as mandated by § 203 of the German Criminal Code (StGB), and the principle of universal jurisdiction, which calls for the prosecution of international crimes by national courts. Social workers, who often work with refugees, may become aware of such crimes but are legally required to maintain confidentiality. The article proposes legal and political solutions to resolve this dilemma, including possible statutory exceptions to § 203 StGB that would allow reporting of international crimes. Ultimately, the authors suggest that any changes would require legislative action and depend on the political will to align social work confidentiality with international legal obligations.  Read the article here. (gp)