German Prosecutor Faces Pressure to investigate Alleged German Sniper in Gaza
Berlin – A German lawyer is calling for a swift and thorough examination into reports of a German citizen fighting as a sniper in Gaza, perhaps committing war crimes. According to statements given to taz, a German newspaper, lawyer Niels Schwarz asserts Germany has a legal obligation to investigate, regardless of where the alleged crimes occurred.
Schwarz explained the principle of “active personality” obligates German prosecutors to investigate crimes committed by German citizens. He further cited the principle of “world law,” stating the German judiciary is obligated to investigate such crimes even without direct German involvement, “at least if, as here, there is a reference to Germany.”
He clarified that the German Federal Prosecutor’s office has a “graded obligation,” triggered by a “domestic reference” – such as German citizenship of perpetrators or victims,suspects being present in Germany,or evidence located within the country.”these prerequisites are apparently available from the sniper from Munich,” Schwarz stated.
The call for investigation comes amid growing scrutiny of alleged Israeli actions in Gaza.Schwarz noted numerous documented incidents, citing investigations by Der Spiegel and The Guardian, and stated that soldiers involved in such acts “must also expect arrest warrants abroad.” He emphasized, “There must be no impunity for such crimes,” pointing to existing legal proceedings in other European countries.
Schwarz urged the German judiciary to conduct an “independent, thorough and quick examination of the available facts,” stressing Germany’s obligation to uphold international criminal law, “just as other European countries already do.”
