On 21 February 2001, the Federal Court of Justice handed down its ruling on an appeal of a decision of the Düsseldorf Higher Regional Court made on 29 November 1999. The appellant, a Bosnian Serb, had been sentenced by this court to nine years in prison for having taken part in 1992 in genocide and other crimes on the territory of the former Yugoslavia. The court upheld with a few minor exceptions the lower court's decision. It found in particular that the application of the principle of universal jurisdiction was justified in cases of genocide and grave breaches of the Fourth Geneva Convention of 1949. The court recalled that the attempt to destroy a group or parts of a group need not be successful to be a crime of genocide. It also agreed with the characterization of the conflict as international and the Düsseldorf Higher Regional Court's broad interpretation of the definition of "protected persons" contained in the Fourth Geneva Convention. Issues relating to the authority of German courts to suppress violations committed in internal conflicts have thus been left unresolved. The same is true of the question of whether it is necessary to demonstrate a link with Germany for legal action to be taken. However, the Federal Court of Justice expressed its inclination to think that it is not necessary to demonstrate such a link in cases where the competence of the German courts is based on an international treaty which is binding on Germany and which obliges it to start legal proceedings (Art. 6(9) of the German Penal Code).

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References: National Laws and Regulations
Penal Code: Art. 6 and Art. 220 a .


References: International Treaties and Documents
Fourth Geneva Convention 1949: Art. 4 , 146 and 147
UN Convention on Genocide 1948: Art. 6 .