Open AccessPost-Mortem Protection of Human Dignity
Author(s) -
Manferd Dauster
Publication year - 2020
Publication title -
bratislava law review
Language(s) - English
Resource type - Journals
eISSN - 2644-6359
pISSN - 2585-7088
DOI - 10.46282/blr.2020.4.1.154
Subject(s) - law , statute , political science , german , statute of limitations , international law , rome statute of the international criminal court , criminal code , criminal law , crimes against humanity , war crime , history , archaeology
After a long development, Rome Statute represents a codification of customary international humanitarian law. Despite of her own national history with respect to war crimes, Germany finally promotes prosecution of offences against crimes as set forth by the Rome Statute through national authorities based upon the German Criminal Code of Crimes against International Law which mirrors the Rome Statute. Desecration of dead adversaries has become outraging practice in armed conflicts of international and non-international character. The German Federal Supreme Court of Justice in its case law has stated the criminal illegality of such wrong-doing by not only referring to the Rome Statute, but either implementing international case law when it comes to desecration of corpses according to Section 8 paragraph 1 No 9 of the German Criminal Code of Crimes against International Law.