The German Position on a Possible Prosecution of the Crime of Aggression in Relation to the War in Ukraine: An Indecisive and Self-Contradicting Approach?
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The German Position on a Possible Prosecution of the Crime of Aggression in Relation to the War in Ukraine: An Indecisive and Self-Contradicting Approach?
German Yearbook of International Law, Vol. 67(2024), Iss. 1 : pp. 405–418 | First published online: June 16, 2025
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NA Alexander Elfgen, University of Cologne, Faculty of Law, Institute for International Peace and Security Law 50733 Cologne, Germany
- Alexander Elfgen graduated from the University of Cologne with a focus on international criminal law and criminal procedural law. He is presently pursuing his PhD focusing on the crime of aggression at the Institute for International Peace and Security Law in Cologne, where he is also working as a research fellow.
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Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Alexander Elfgen\nThe German Position on a Possible Prosecution of the Crime of Aggression in Relation to the War in Ukraine: An Indecisive and Self-Contradicting Approach? | 405 | ||
| I. Introduction | 405 | ||
| II. Germany’s Efforts to Prevent Impunity for Russia’s War of Aggression Against Ukraine | 406 | ||
| A. Germany’s Immediate Reaction to Russia’s War of Aggression | 407 | ||
| B. A General Lack of Jurisdiction Over the Crime of Aggression | 408 | ||
| C. The German Federal Government’s Position on a Special Tribunal for the Crime of Aggression | 410 | ||
| 1. A Closer Look at Germany’s (and the G7’s) Call for an Internationalised Tribunal | 412 | ||
| 2. Current German Perspective on Functional Immunity in National Proceedings | 415 | ||
| III. Conclusion | 417 |