The Austrian judiciary could soon prosecute crimes committed in war. A corresponding decree for the public prosecutor’s offices is currently being drawn up. A possible starting point is the admission of Ukrainian war refugees.
War crimes committed in Ukraine could soon be prosecuted by the Austrian judiciary, as the APA Justice Ministry confirmed on Friday. A decree “that will specify the requirements for domestic jurisdiction in cases of war crimes” is currently under preparation.
Even without a connection to Austria
Currently, the judiciary is only responsible for crimes committed abroad if there is a link with Austria, for example by the citizenship or residence of the perpetrator or victim. Both are unlikely in the case of Ukraine. However, jurisdiction may also arise if there is a justified violation of Austrian interests.
The decision must now answer the question of when this will be the case. “In particular, it is being investigated whether the arrival of refugees to Austria would constitute a violation of Austrian interests and thus the domestic jurisdiction for certain criminal offences,” the ministry said. It is still unclear when the decree will be issued and to which crimes it will relate. According to media reports, Germany, Poland and Lithuania have already made it possible to bring Russian crimes to justice in Ukraine.
International Criminal Court
The International Criminal Court (ICC), based in The Hague, was established to facilitate the prosecution of war crimes. This has been investigating the war in Ukraine since the beginning of March. Unlike Austria, however, Russia and Ukraine are not parties. Ukraine has declared that it will voluntarily submit to the Last Judgment. Before the ICC was established, there were ad hoc special tribunals, for example on war crimes in the former Yugoslavia or in Rwanda.
Source: Krone
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