In Germany, a growing number of lawsuits against the former militants and their wives. They are accused of serious crimes and violation of international law. DW – about recent examples.
In Germany is the first trial in the case considered solely on the basis of international law: the crime was committed outside Germany and the defendant is not a German citizen. Moreover, this is the first trial, has attracted the attention of the public due to the fact that for the first time in the dock – the fighter of the terrorist organization “Islamic state” (IG), who is accused of crimes against the Yezidis who are victims of genocide.
The murder of a child trapped in slavery
27-the summer native of Iraq Taha A. Th. accused of genocide, crimes against humanity and war crimes. The court in Frankfurt am main, examines his case from the end of April 2020. The charges against Taha A. Th. based on the testimony of his wife, Jennifer V. – a staunch supporter of the IG.
In 2018, she told the officer the Federal office for the protection of the Constitution (BfV) how was the so-called “Caliphate” of ISIS. According to her, her then-husband, Taha, A. Th. chained and left in agony to die under the scorching sun Yezidi girl because she peed in her sleep. Taha and his wife, Jennifer, used the girl as a slave for housework.
Because Jennifer did nothing to save this child from April 2019 she is in the dock. Process her case is in court in Munich. Vs Jennifer V. judges, there are indications the mother of the dead girl who was not able to do anything to save her, because she herself was also being used as a slave Jennifer V. and Taha, A. Th. Taha was arrested in may 2019 in Greece. The warrant of arrest issued by German judicial authorities. In October 2019, the suspect was taken to Germany.
The first case of genocide of the Yezidis
Alexander Schwartz (Alexander Schwarz), a lawyer from Leipzig, specializing in international law, indicates that trials like this where we are talking about genocide, the Federal Prosecutor of Germany – a very difficult task. After all, genocide in international law is considered the “crime of crimes”, said the lawyer. “The challenge is to prove in each individual case that the defendant actually committed the criminal acts aimed at the destruction of the whole nation”, – explained in an interview with DW, Schwartz.
The peculiarity of the trial of a former soldier of the IG Taha, A. Th., accused in murder of girl ezeki, according to the Leipzig lawyer, is that “Federal prosecutors for the first time investigates the crime, absolutely not related to Germany.” That is, it was not committed on German territory; neither the victim nor the offender are not German citizens; the offender during detention was not in Germany.
In this case, the German justice for the first time “applies 100 percent of the principle of criminal prosecution for crimes under international law”.
Not the only process in the context of international law
Over the past 5 years from areas of Syria and Iraq controlled by the Islamic state terrorists in Germany has returned 122 jihadist. Such data from the government of Germany in response to the request received by the members of the faction of the Left party in the Bundestag. 53 returnees are considered “dangerous” to society. 18 – were the key figures, supporters or functionaries of the IG. In bringing them to justice for their crimes for the Federal Prosecutor of Germany, the increasing role played by international criminal law.
4 may in Hamburg began the trial in the case of 35-year-old Omaima A. – supporters of ISIS, who returned to Germany from Syria. The widow of the famous jihadist Dennis Cusbert accused of crimes against humanity. In particular, what it is for housekeeping used a 13-year-old Yazidi girl as a slave.
After 2016, Omaima A. returned home to Germany, she lived for three years in Hamburg. Only the investigation conducted by the journalist of the Arabic channel Al Aan TV Jinan Moussa, presented evidence of the guilt of Omaima A. Journalist found in Syria mobile phone, used by a supporter of ISIS. It was a lot of photos and videos which can be traced the life of Omimi in Syria.
Collected by journalist and documentary evidence allowed to start an investigation against returning to Germany dzhihadistky. In photos – Omima with a Kalashnikov in his hands, its children playing with guns, her laughing husband. The Committee also includes her correspondence with her husband in the chat.
In any crimes accused supporters of the IG
Attorney Alexander Schwartz indicates that the image of the passive, powerless and not having an opinion of supporters of the IG needs to be adjusted: “Many returned to Germany, supporters of the IG were armed. They had rapid-fire weapons, Kalashnikovs, pistols,”.
Many supporters of the IG worked in the so-called “morality police” operating in the territories controlled by ISIS. They pointed out to women what they should wear, how to behave, how to obey ISIS.
But the maintenance in slavery of the people is for Alexander Schwartz “a criminal act that can be imputed to the supporters of ISIS and they are even the most part were”.
Hold a person in slavery is one of the accusations against another supporter of ISIS, who returned to Germany 21-year-old Sarah O Process on her case is considered by the court in Dusseldorf in October 2019 in the closed mode, as at the time of the offense the defendant was a minor.
According to investigators, Sarah O. was 15 years old when she decided to join ISIS and go to war. In addition to charges of holding people in slavery, Sarah is accused that she, along with her husband and children lived in the house, which was given to her by the terrorist organization ISIS.
Embezzlement and looting
IG provides its soldiers and their families housing, which had been selected. His previous owners were either forcibly evicted or killed. These actions are regarded by lawyers as a special kind of looting and constitute a breach of article eighth of the International criminal code (MUK), Germany.
A similar crime has already been considered by the court in Stuttgart in July 2019. Were in the dock, Sabine S., who returned to Germany, ISIS supporter, was sentenced to 5 years of imprisonment for military crimes, in particular selected over someone else’s property as two flats.
Since the beginning of 2019, Federal prosecutors in Germany have charged have returned home to supporters of the IG eight allegations of violation of international law. The most common of them is embezzlement. But in may 2018, a Federal court has complicated the process of indictments for a similar offence.
33-year-old Sibel H. from Aschaffenburg, double-lived in areas controlled by the so-called “Caliphate” of ISIS. For the first time in 2013. After her husband – the militants of the IG – was killed in 2014 she returned to Germany. Here’s remarried and the second husband once again went to the territory controlled by ISIS. There she gave birth to two daughters.
In 2018, Sibel H. from a Kurdish jail in Northern Iraq was sent to Germany. Here she some time remained at large, because then the Federal court has rejected a petition warrant for her arrest, arguing that his decision by the fact that if a person lived in the territory controlled by ISIS, it cannot for that reason be considered a member of ISIS. To arrest and charge the German justice authorities require specific evidence that the people supported the terrorists of ISIS and fought in their ranks. Otherwise, they will not face any punishment.
A lawyer from the Rhineland-Palatinate Serkan Alkan, which often defends in court back in Germany the former supporters of the IG, believes that showing them the charge of embezzlement, in particular housing, on the territory of the “Caliphate”, Federal Prosecutor of Germany goes too far. In an interview with DW he said that in the territories controlled by ISIS, women have no voting rights: “It’s utopia to think that the woman there might say: “I will not live in this house because thus in violation of international law”.
In the case of Sibel X. these arguments have not worked. She was arrested and accused of violating international law. April 29, a court in Munich sentenced Sibel H. to three years ‘ imprisonment.