Nuremberg Academy at the ASP23
On December 5th, the Nuremberg Academy, in collaboration with the Federal Office for Migration and Refugees, co-hosted by Germany organised a side event during the ASP23 of the International Criminal Court.
The event featured a discussion led by Professor Dr Christoph Safferling, Director of the Nuremberg Academy, and Senior Officer Dr Gurgen Petrossian, joined by David Ruhl, Head of the Division for Operational Cooperation with the Security Authorities of the Federation and the Länder at the Federal Office for Migration and Refugees. The discussion centered on refugees and international crimes. The Academy's Director, Professor Dr Christoph Safferling provided insights into the legal framework governing proceedings in Germany, focusing on the Code of International Crimes and procedural aspects. Dr Petrossian addressed the role of social workers, highlighting their professional confidentiality obligations in their work with refugees. The representative from the Federal Office for Migration and Refugees, David Ruhl elaborated on the office's role in cooperating with the ICC and national authorities regarding international crimes and related proceedings in Germany. Following the presentations, the audience had the opportunity to ask questions to the speakers.
During the conflicts in Syria and Iraq between 2015-2016, and more recently following the outbreak of the war in Ukraine in 2022, Europe—particularly Germany—witnessed a significant influx of refugees. Among them were also numerous witnesses to atrocities and war crimes. The presence of these witnesses in States Parties is critical in the pursuit of justice, as they provide essential testimony and evidence about crimes committed beyond the borders of their host countries. Their accounts can be pivotal for investigations and prosecutions of international crimes, contributing to efforts to ensure accountability.
At the same time, these mass movements of people have also included perpetrators of international crimes seeking refuge. This situation presents a dual challenge: while victims and witnesses require protection, it is also essential to identify and hold accountable those responsible for war crimes and crimes against humanity who may be hiding among the refugee populations.
Germany, as a key actor in applying universal jurisdiction, has emerged as a leader in prosecuting international criminals who have committed crimes abroad. The German judiciary has already undertaken numerous trials against individuals accused of international crimes, notably through the use of universal jurisdiction, which allows states to prosecute serious crimes regardless of where they were committed. Migration authorities play a crucial role in addressing these issues, as they are often the first to identify the connection to international crimes during initial contact with refugees. This side event focused on the procedures followed by the German Federal Office for Migration and Refugees when dealing with international crimes. (gp)
