Social Work and International Criminal Law
Refugees as Potential Witnesses of International Crimes
The project “Refugees as Potential Witnesses of International Crimes” was initiated by the International Nuremberg Principles Academy (the Nuremberg Academy) in cooperation with the City of Nuremberg in response to the refugee movements beginning in 2015. Its aim was to highlight a largely overlooked interface at the time, namely the role of social workers in the context of investigating and prosecuting the most serious international crimes.
The first version of the guidelines was developed at a time when international criminal law was already codified in Germany, but its practical application was still in its early stages. Social workers were frequently confronted with accounts of severe violence, yet they lacked clear legal guidance and institutional points of reference. Since then, the practice of prosecuting international crimes in Germany has evolved significantly. Through numerous proceedings, particularly related to Syria and Iraq, Germany has become a key actor in the application of the principle of universal jurisdiction. At the same time, specialised investigative structures have been established, and the importance of witness testimony from diaspora communities has increased considerably. Against this background, a comprehensive revision of the guidelines became necessary.
The updated guidelines are the result of a multi-year consultation process. Between 2023 and 2025, the Nuremberg Academy organised several workshops and expert consultations involving representatives from social work, law enforcement, the judiciary, academia, and civil society. These exchanges served to assess practical experiences, identify challenges from different perspectives, and define concrete needs for practice. This continuous engagement with relevant stakeholders has ensured that the guidelines are realistic, practice-oriented, and applicable across disciplines.
The revised guidelines reflect the evolving practice of international criminal prosecutions in Germany and translate it into concrete guidance for social work. They provide an accessible overview of the fundamentals of international criminal law and explain how such crimes are prosecuted in Germany. In addition, they offer practical insight into the structure of investigations and criminal proceedings, highlighting the crucial role of witness testimony. Refugees are not only considered as potential witnesses, but also as survivors and, in some cases, as alleged perpetrators. For each of these roles, the guidelines outline the relevant legal frameworks, risks, and possible courses of action. The guidelines provide social workers with concrete recommendations for handling sensitive information, grounded in core principles of social work such as confidentiality, the “do no harm” principle, and informed consent. Their objective is to support professionals without requiring them to overstep their role or place additional burdens on affected individuals. In doing so, the guidelines create a practical bridge between social work and international criminal justice, contributing to the strengthening of accountability for the most serious international crimes.
The Nuremberg Academy is currently working on the internationalisation of the guidelines. As they are based on the German legal framework, they cannot be directly transferred to other jurisdictions. The aim is therefore to further develop the content so that it can be adapted to different legal and institutional contexts. In parallel, we are developing practice-oriented training formats based on the guidelines in order to further strengthen understanding of the interface between social work and international criminal justice and to support professionals in a targeted manner. In addition, we are engaging at a structural level in the further development of legal frameworks, with the aim of addressing existing practical challenges and contributing to more effective and legally sound cooperation in the long term. (gp/aw)
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