The German government has passed a draft law that allows sexual violence in conflict zones to be prosecuted as a war crime and a crime against humanity. This decision came after widespread reports of sexual assault since the Russian invasion of Ukraine. The new legislation, which still needs parliamentary approval, seeks to expand the definition of war crimes to include sexual assault, sexual enslavement, and forced termination of pregnancy.

The proposed change to Germany’s criminal code would enable the country to investigate and prosecute such crimes committed abroad under the principle of universal jurisdiction. This means that individuals can be held accountable for their actions, regardless of where the crimes were committed.

Germany’s family and women’s affairs minister, Lisa Paus, emphasized that sexual violence, primarily against women, has been used as a tactic in armed conflicts and by terrorists worldwide. The aim of the new legislation is to strengthen the rights of victims and allow them to actively participate in the criminal trial as co-plaintiffs.

The Green party’s Lisa Paus highlighted reports of Hamas fighters raping Israelis in the October 7 attacks and emphasized the importance of protecting LGBTQ individuals in war zones. Justice Minister Marco Buschmann of the Free Democrats described the legal reform as historic and underlined the relevance of international criminal law in light of the Russian aggression against Ukraine.

The concept of war crimes and crimes against humanity was established in the 1998 Rome Statute, which created the International Criminal Court (ICC). A war crime covers various acts such as killing, torture, rape, and hostage-taking. Germany has previously prosecuted atrocities committed abroad, including those in the Syrian war, using universal jurisdiction.

UN investigators examining violations in Ukraine attributed numerous war crimes, including attacks on civilians, infrastructure, killings, torture, rape, and other forms of sexual violence, to Moscow. The Russian government has been accused of grave human rights abuses during the conflict.

The new law’s approval marks a significant step toward holding perpetrators of sexual violence in conflict zones accountable. By expanding the definition of war crimes, Germany is sending a strong message that sexual violence will not be tolerated and that those responsible will face justice.