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• Author: International Law Group

German court declines to move Al Qaida trial from Frankfurt to Stuttgart

The district court of Frankfurt/Main and other judicial authorities requested the German High Court (Bundesgerichtshof, BGH) to consider a change of venue for the prosecution of suspected Al Qaida members held in Germany based on public safety concerns. The district court suggested instead to hold the proceedings in Stuttgart where particularly safe facilities are available. The district court referred to Section 15 of the Criminal Procedure Code (StPO), which dates from the 19th century. Section 15 provides that if the court is impeded in exercising its duties, or there is a risk to public safety, the court of the next higher instance shall transfer the matter to a court of the same level in a different judicial district. The BGH (3rd Criminal Chamber) rejects the request. Considering how mobile modern society has become, it is questionable whether a change of venue would reduce the danger to the public of such a prosecution. In any case, the BGH is to intervene in such a matter only if the authorities in charge are unable to address the risks of the prosecution. That is not the case here. The Frankfurt courts are able to take steps to ensure the safety of the proceedings, for example by conducting them in an especially secured area.

Citation: Bundesgerichtshof (BGH), Beschluss vom 4. April 2002 - 2 Ars 17/02, Press release of Bundesgerichtshof Nr. 34/2002.

International Criminal Court Statute becomes effective

On July 1, 2002, the July 1998 Rome Statute of the International Criminal Court (ICC) will become effective since the necessary 60 ratifications have been received. On April 11, 2002, the 60th ratification of the Rome Statute was deposited with the United Nations, along with several others. The Court will prosecute perpetrators of the most serious crimes, including genocide, crimes against humanity, and war crimes. U.S. President Bill Clinton had signed the treaty, but the U.S. has not yet ratified it because of a stated concern for frivolous or politically motivated prosecutions of U. S. citizens. The first conference of the States Parties will be held in September, and the Court, to be based in The Hague, is...