a. Torture allegations in Germany’s Abu Ghraib prison and Guantánamo Bay prison camp case With new, available information at hand1320, the Center for Constitutional Rights (CCR) and others1321 filed a second criminal complaint in Germany in the previously discussed Abu Ghraib case on November 14, 2006.1322 Allegations against high-ranking U.S. civilian and military officials, including Defense Secretary Donald Rumsfeld, former Director of Central Intelligence George Tenet and Attorney General Alberto Gonzales, included "torture and war crimes in Iraq and in the U.S.-controlled Guantánamo Bay prison camp."1323 In particular at stake were severe beatings, sleep and food deprivation, hooding and sexual abuse as interrogation techniques.1324 These acts had been considered exclusively as war crimes, and not also as torture under the regime of the Torture Convention, although they would so qualify.1325 The German Federal Prosecutor recently decided not to launch an investigation into the claims brought against Rumsfeld et. al.1326 stating that "it was up to the US to hold any inquiry and that there were no indications US authorities or courts would refrain from doing so."1327 This second complaint was, hence, rejected on similar grounds as the previous one.1328 In her April 27, 2007 decision, Federal Prosecutor Harms added that "Germany was under no obligation to lead an investigation of alleged crimes committed abroad by people who where neither German nor intend to live in Germany."1329 Yet, the CCAIL explicitly declares that irrespective of where offences were committed and regardless of the nationality of the offenders and victims, Germany is obliged to combat torture and other serious crimes with its universal jurisdiction law. As reaction to the German decision not to investigate the case, the complainants’ representatives have announced to appeal the decision and lodge a complaint in Spain.1330 http://othes.univie.ac.at/10284/1/2010-03-22_0504777.pdf
Dissertation on extraterritorial jurisdiction with regards to the crime of torture.
Dear All,
this dissertation was written by Karen Janina Berg, LL.M: „Universal criminal jurisdiction as mechanism and part of the global struggle to combat impunity with particular regards to the crime of torture“. I came across this paper during my search for source material for my new book on ethics in medical science. Discussion on this topic is available at Linked In - Ethics in medicine - past, present and future. Please feel free to join. http://anondora.org/member/sowa/photo/1191
http://cesko.blox.pl/2012/02/by-Karen-Janina-Berg-LLM-8222Universal-criminal.html
2012 ©